|
|
|
|
OpEd: Mitchel files, July 29, 2008:
Corruption in Greene County?
Both jurists and attorneys, not to mention citizens uninvolved in the legal system would probably agree that a crime has three essential elements; motive, opportunity and the criminal act itself. Rightly so, due process and the rule of law dictate that unless all three are proven to exist, an individual or group of individuals did not commit a crime. The “perfect” crime adds a fourth dimension, i.e., the cover-up. We now have a mountain of evidence that the 2003 Base Realignment And Closure (BRAC) Initiative Agreement between Greene County Commissioners and the Dayton Development Coalition (DDC) may be on track to be the “perfect crime” of the century, or at least the decade, in Ohio. However, due to the efforts of this writer, the cover-up remains on hold.
For more than a year I have been calling for an investigation into the BRAC Initiative Agreement and when no one responded, I conducted one on my own. This article is a summary of my findings and allegations.
Greene County Commissioners violated Article VIII, Section 6 of the Ohio Constitution that prohibits county governments from lending money to private corporations, including the Dayton Development Coalition, a private, non-profit corporation located at 900 Kettering Tower, 45423.
The Greene County Auditor violated Ohio Revised Code (O.R.C.) 5705.41, which prohibits misappropriation of funds. On October 8, 2003, the Greene County Auditor authorized a payment of $400,000 to Miami Valley Economic Development Projects, Inc., a DDC surrogate organization located at 900 Kettering Tower, 45423. At this point, no evidence has surfaced to show this expenditure was lawfully appropriated in Greene County’s Fiscal Year 2003 budget. Moreover, in the $1.9 million BRAC Initiative Agreement, Greene County Commissioners obligated $900,000 that was outside their authority to do so.
Greene County Commissioners and the DDC violated the Racketeering Influenced and Corrupt Organizations (RICO) Act when they conspired to launder Greene County tax dollars through Miami Valley Economic Development Projects, Inc., a DDC front organization formed for the sole purpose of transferring Greene County tax dollars to officers within the DDC, Greentree Group (a Beavercreek support contractor) and PMA Group, a Washington lobbying firm, who in turn made significant contributions to “Hobson for Congress.”
Greene County Commissioners violated O.R.C. 307.07 when they failed to provide appropriate oversight of the BRAC Initiative Agreement as required by the statute.
Greene County Commissioners and the DDC conspired to adjust noncompetitive, unsolicited proposals upward (bid rigging). In April, 2003, DDC Advisory Council members Brad Tidwell and retired General John Nowak estimated BRAC support from Greene County at $150,000, and the total requirement from all sources at $1.5 million. In the BRAC Initiative Agreement negotiated subsequent to Greene County’s FY 2003 budget enactment, Greene County Commissioners provided $1 million in loans and grants, $850,000 more than the original request from the Coalition, and $1.9 million for the total BRAC effort, $400,000 (26.6%) more than the cost estimated by Mr. Tidwell and General Nowak in April, 2003.
Peddling their influence as members of the Wright Patt 2010 Advisory Committee, State Senator Steve Austria and Mrs. Steve Austria, (former) District Director for Mr. Hobson, violated post-Watergate campaign finance laws by steering money-laundered tax dollars to campaign contributors through un-bid contracts awarded to the Dayton Development Coalition, the Greentree Group and Paul Magliochetti and Associates (PMA Group).
The Greene County Prosecutor violated O.R.C. 149.43 by withholding documents from a bono fide Request For Information.
This narrative identifies all the elements of the “perfect crime.”
1. Motive: Quid pro quo in the form of inflated, non-value added, sole source contracts in return for lucrative salaries for Dayton Development Coalition officers and consultants, and campaign contributions from Greentree and PMA officers and associated persons.
2. Opportunity: With virtual impunity (until now), Dayton Development Coalition officers and advisors and Greene County elected officials acted knowingly and willingly on numerous occasions to misapply the Ohio Revised Code for personal and/or political gain.
3. The criminal act itself: The illegal transfer of Greene County taxpayer dollars to the Dayton Development Coalition; then from the DDC to Greentree and PMA officers who in turn contributed to the political campaigns of those who were directly involved in facilitating the illegal transfer of Greene County tax dollars in the first place.
4. The (attempted) cover up: The Greene County Prosecutor, who initially denied my request to investigate the BRAC Initiative Agreement, withheld documents from a bona fide Request For Information.
In The Ethics of Liberty (1982), Murray Rothbard advanced the primacy of restitution to a crime victim. Rothbard points out that even in the Dark Ages, restitution to the victim was the dominant concept of punishment but as the State grew more powerful, emphasis shifted from restitution to the victim to punishment for alleged crimes committed "against the State." The following absurdity describes the current state of criminal justice in America: A steals from B. The government tracks down, tries, and convicts A, all at the expense of B, as one of many taxpayers victimized in the process. Then the government, instead of forcing A to repay B or work at forced labor until that debt is paid, forces B, the victim, to pay taxes to support the criminal in prison for the length of his sentence. One would be hard-pressed to find even a sliver of justice in this scenario.
Even more outrageous is the corruption described at the top of this article where public servants systematically confiscate hard-earned money from tax-paying citizens, look the other way when a citizen seeks redress and eventually act as judge and jury in defense of the alleged perpetrators. For more than a year investigative agencies have ignored my bona fide requests to look into the matter. Furthermore, Greene County officials have stonewalled information that could prove or disprove these allegations. It’s time we hold our elected and appointed officials accountable with an independent, non-partisan investigation into the BRAC Initiative Agreement. I have taken the first steps by preparing and filing a 27-page citizen’s indictment against Greene County officials, the Dayton Development Coalition and the recipients of the un-bid contracts. Now it’s time for local, state and federal governments to follow through by enabling due process and the rule of law.
Instead of caving in to fear and intimidation, it’s time we confront our elected and appointed officials and their self-appointed kingmakers with the same cunning and ruthlessness they use to influence our vote. However, it’s essential we stick to the truth, the whole truth and nothing but the truth as that will be our only defense when the status quo insiders finally come out of the shadows to defend themselves.
John Mitchel
Beavercreek, Ohio
(937) 427-8442
www.patriotpressohio.com
www.reformcongress.com
Paid for by Americans for John Mitchel
