Originally printed in New Times Blogs by Ray Stern, December 6, 2010
Maybe tailing the investigator for the Arizona State Supreme Court was a bad idea.
A probable-cause panelist for the state high court, spurred by a report from investigator John Gleason, has ordered disciplinary procedures to begin against former Maricopa County Attorney Andrew Thomas and his former deputy, Lisa Aubuchon.
In a 76-page report presented to the panelist, Gleason notes that if the allegations against Thomas and Aubuchon were proven, then they should be disbarred.
Such a disciplinary move would be a major blow to Thomas, who quit his office in what turned out to be an unsuccessful bid for state Attorney General this year. Disbarment would mean Thomas and Aubuchon couldn't work as lawyers in Arizona. Thomas could forget any notion of a political comeback.
The final word on punishment won't be known for several months.
The report by John Gleason is expected to be released by the state Supreme Court at a 2 p.m. news conference.
We don't have the report yet, but a state Supreme Court official confirmed the gist of it to New Times.
The order by Judge Charles Jones, who was appointed this year as a "probable cause panelist" to help sort out the county's legal mess, was filed with the Arizona State Bar this afternoon.
The order is more than a recommendation that Thomas and Aubuchon be disbarred, says the state high court's spokeswoman, Jennifer Liewer. She compared Jones' report to the findings of a grand jury.
The next step will be for Gleason, (brought in from Colorado to avoid a perception of bias), to file formal charges with the bar's new disciplinary judge, William O'Neil. During his investigation, Gleason was tailed by private investigators working for lawyers hired by Aubuchon at public expense.
An Arizona Republic article today suggests that disciplinary action may also be coming for former deputy county attorney and blogger Rachel Alexander.
We can't help but wonder how one of Thomas' chief aides, Barnett Lotstein, would remain unscathed in these proceedings.
In any case, Thomas and crew will have plenty of opportunity to fight and/or appeal their case.
Rick DeBruhl, spokesman for the State Bar, says Gleason will file the charges "in the near future." Typically, this step would occur within 60 days, but in this case it'll likely to happen sooner, he says.
Within 150 days of the charges being filed Thomas and Aubuchon will be given the chance to defend themselves against the allegations in a public "trial" of sorts, DeBruhl says. He adds that the event won't be a "trial," per se, because Thomas and Aubuchon haven't been accused of any crime. Rather, they will fight allegations that they violated the ethical rules of attorneys, he says. Continuing the metaphor, Gleason will act as the "prosecutor," DeBruhl says, and will present the case to a small panel consisting of O'Neil, a lawyer, and a member of the public.
O'Neil could grant time extensions to the process, if he decides it's necessary, DeBruhl adds.
Theoretically, Thomas and Aubuchon could also receive punishment that falls short of disbarment.
DeBruhl says Jones' order could have contained a recommendation for the immediate suspension of the law licenses of Thomas and Aubuchon, but it didn't.
Aubuchon filed a $10 million claim against the county after being fired, and both she and Thomas have set up shop in the Valley as private-practice lawyers.
John Gleason will act as a "prosecutor" of sorts in the disciplinary hearing against Thomas and Aubuchon.
As far as we're concerned, this should be a slam-dunk case for disbarment. Thomas, for example, filed a criminal complaint (with Aubuchon's help) against Superior Court Judge Gary Donahoe that alleged bribery. No evidence of anything remotely resembling bribery ever surfaced, and the facts surrounding the case seem to show that Thomas used the charge to avoid a conflict-of-interest hearing against him by Donahoe.
Thomas, working as the legal arm to Sheriff Joe Arpaio's politically minded "anti-corruption" task force, also brought charges against County Supervisors Mary Rose Wilcox and Don Stapley.
All of those charges were dropped after a judge ruled that Thomas had serious conflicts in the cases.
Thursday, December 9, 2010
Wednesday, December 1, 2010
Top 5 Holiday Scams
From the Better Business Bureau website, 11/24/2010
The holidays are a happy time for food, family and friends, but they are also a time for fraud. Consumers can fall into any number of traps over the holidays and become victim to identity thieves, hackers and deceptive merchants online. The Better Business Bureau is warning holiday shoppers and donors to look out for five common scams this season.
“While the rest of us are pulling the decorations out of the attic, scammers are blowing the dust off of their old holiday scams,” said Matthew Fehling, BBB President/CEO. “We can all help make these holiday scams a ghost of Christmas’ past by not falling for them anymore.”
BBB recommends being on the lookout for the following scams this holiday season:
1. Scam shopping sites online
We’re all looking for a great deal online, but some sites offer electronics or luxury goods at prices that are too good to be true. Every holiday season BBB hears from holiday shoppers who paid for a supposedly great deal online, but received nothing in return.
BBB advice: Always look for the BBB seal when shopping online and click on the seal to confirm it is legitimate. When shopping on sites that you aren’t household names, check the business out with the BBB before you buy.
2. Finding the season’s hottest toys and gadgets online
Every year, holiday shoppers fight over the “must have” toy or gadget of the season. When the item is sold out in stores, you can often find it online through sites like Craigslist or eBay—for a much steeper price, however some sellers will take your money and run.
BBB Advice: If you shop on Craigslist, consider conducting the transaction in person when applicable -never wire money as payment to someone you don’t know. When purchasing items on auctions such as eBay, research the seller extensively and always listen to your doubts if the deal doesn’t sound legit.
3. Identity theft at the mall
While you’re struggling at the mall with bags of presents, identity thieves see an opportunity to steal your wallet and debit or credit card numbers.
BBB Advice: Don’t let yourself get bogged down in purchases and lose track of your wallet. Know where your credit and debit cards are at all times and cover the keypad when entering your PIN while purchasing items or getting money from the ATM.
4. Bogus charitable pleas
The holidays are a time of giving which creates a great opportunity for scammers to solicit donations to line their own pockets. Also beware of solicitations from charities that don’t necessarily deliver on their promises or are ill-equipped to carry through on their plans.
BBB Advice: Always research a charity with the BBB Wise Giving Alliance before you give to see if the charity meets the 20 Standards for Charity Accountability.
5. Phishing e-mails
Phishing e-mails are a common way for hackers to break into your computer to access your personal information. Common phishing e-mails around the holidays include e-cards and messages pretending to be from companies like UPS or FedEx that include links to package tracking information.
BBB Advice: Don’t click on any links or open any attachments to e-mails until you have confirmed that they are not malicious. E-mail addresses that don’t match up, typos and grammatical mistakes are common red flags of a malicious phishing e-mail. Also beware of unsolicited e-mails from companies with which you are not associated. Make sure you have current antivirus software and that all security patches have been installed on the computer.
The holidays are a happy time for food, family and friends, but they are also a time for fraud. Consumers can fall into any number of traps over the holidays and become victim to identity thieves, hackers and deceptive merchants online. The Better Business Bureau is warning holiday shoppers and donors to look out for five common scams this season.
“While the rest of us are pulling the decorations out of the attic, scammers are blowing the dust off of their old holiday scams,” said Matthew Fehling, BBB President/CEO. “We can all help make these holiday scams a ghost of Christmas’ past by not falling for them anymore.”
BBB recommends being on the lookout for the following scams this holiday season:
1. Scam shopping sites online
We’re all looking for a great deal online, but some sites offer electronics or luxury goods at prices that are too good to be true. Every holiday season BBB hears from holiday shoppers who paid for a supposedly great deal online, but received nothing in return.
BBB advice: Always look for the BBB seal when shopping online and click on the seal to confirm it is legitimate. When shopping on sites that you aren’t household names, check the business out with the BBB before you buy.
2. Finding the season’s hottest toys and gadgets online
Every year, holiday shoppers fight over the “must have” toy or gadget of the season. When the item is sold out in stores, you can often find it online through sites like Craigslist or eBay—for a much steeper price, however some sellers will take your money and run.
BBB Advice: If you shop on Craigslist, consider conducting the transaction in person when applicable -never wire money as payment to someone you don’t know. When purchasing items on auctions such as eBay, research the seller extensively and always listen to your doubts if the deal doesn’t sound legit.
3. Identity theft at the mall
While you’re struggling at the mall with bags of presents, identity thieves see an opportunity to steal your wallet and debit or credit card numbers.
BBB Advice: Don’t let yourself get bogged down in purchases and lose track of your wallet. Know where your credit and debit cards are at all times and cover the keypad when entering your PIN while purchasing items or getting money from the ATM.
4. Bogus charitable pleas
The holidays are a time of giving which creates a great opportunity for scammers to solicit donations to line their own pockets. Also beware of solicitations from charities that don’t necessarily deliver on their promises or are ill-equipped to carry through on their plans.
BBB Advice: Always research a charity with the BBB Wise Giving Alliance before you give to see if the charity meets the 20 Standards for Charity Accountability.
5. Phishing e-mails
Phishing e-mails are a common way for hackers to break into your computer to access your personal information. Common phishing e-mails around the holidays include e-cards and messages pretending to be from companies like UPS or FedEx that include links to package tracking information.
BBB Advice: Don’t click on any links or open any attachments to e-mails until you have confirmed that they are not malicious. E-mail addresses that don’t match up, typos and grammatical mistakes are common red flags of a malicious phishing e-mail. Also beware of unsolicited e-mails from companies with which you are not associated. Make sure you have current antivirus software and that all security patches have been installed on the computer.
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