Oriska owner, area lawyer indicted

[Swimmy]

Oriska owner, area lawyer indicted

Anyone else surprised about this? I remember the state had to come in an Rehabilitate the company, but I was not aware that Oriska was not authorized to issue insurance policies. You would have thought the state picked up on that when it rehabilitated the company. Maybe they were aware, but were trying to protect the insureds. I don't know.

Anyone have any thoughts?

[thelma]

Workers Compensation is hearvily regulated and each State has their own rules and regulations. For this Company to sell WC in States they were not even licensed was just plain stupidity. As soon as a claim was put in where they were not licensed, their house of cards would have caved in.

They both have heavy duty expensive lawyers - they are both going to need them! The Feds usually have all their facts in order BEFORE they arrest the criminal. This should be interesting - expecially for those that understand all the rules of insurance policies, etc.

[countrygal]

This guy was in jail in California for fraud so it really isn't that big of a surprise. I do know that a certain former Whitestown Supervisor is friends with both of them and I wonder if he's gonna find himself mixed up in something he shouldn't. His name was mentioned last year when the FBI was there.

Innocent until proven guilty I suppose. It will be interesting to see how this all plays out.

[frankcor]

I remember the defendants' and the Whitestown Supervisor's insistence of innocence when the FBI executed the search warrant. Something in their words screamed guilty to me.

One small point, Thelma. Sometimes the feds are wrong when they prosecute someone. Their conviction rates are not always 100% (well, I recall Rudy Giuliani claims that his was).

In this case, I struggle to presume innocence until proven guilty but I'll do it just the same. Just once, I'd like to see a greedy bastid who knows he is guilty plead guilty. Maybe swimmy can tell us what is to be gained by pleading innocent when you know you are guilty. Hoping to get off on a technicality?

[thelma]

You're right about the Feds not always being 100% right all the time - BUT - they do come very close. I remember a case I stumbled across while trying to track down a business I had to do an Insurance audit on and couldn't locate a telephone number for them.

To make a very long story short, this business was a phoney business in the State of Nevada that only existed to launder drug money! There were 5 "Executives" and all of them were from Canada and had elaborate schemes for coming across the Border to conduct their business which they thought would prevent the Feds from ever noticing them.

They were wrong!!!!! I read the Indictment that was also on the Internet stating how and where they obtained all the "PROOF" they needed to prove all the allegations they were making in the Indictment. It was very interesting to read and left me with the opinion that if the Feds ever come after you, they will find you Guilty.

IMO, this case in Oriskany all centers around greed - the more money these men had, the more they wanted. Yes, I know we should assume they are innocent until proven Guilty -but- it is going to be hard to do so in this case (but I'll try).

[Swimmy]

Pleading not guilty, even if you're 100% guilty is done for several reasons and largely dependent upon the underlying facts. Sometimes the DA's case may have a weakness you're willing to challenge. For example, if the police violated all your constitutional rights, you have a very good chance of having the judge suppress all the incriminating evidence and getting your charges dismissed. Another reason is because the DA's case might not be that strong to convincingly prove your case, but the evidence is strong enough to prove a lesser offense, e.g. instead of Murder second, voluntary manslaughter. In that instance, the DA will offer a plea bargain to that lessor offense.

Some people have gone through the system so many times, it's like a game to them. They plead not guilty knowing that the DA will offer them a lesser plea bargain, unless the defendant's acts were terribly egregious.

Others truly think that they will be able to maintain their innocence and plead not guilty.

[Swimmy]

Cases were terminated against 83,391 defendants during 2004. Most (90%) defendants were convicted. Of the 74,782 defendants convicted, 72,152 (or 96%) pleaded guilty or no-contest.

Federal Justice Statistics, 2004

[frankcor]

Is this forum great or what? Thanks swimmy!

[countrygal]

I would like to think since the one guy already went to jail for the same thing that if he's found guilty of this, they throw the book at him.

[corner]

the lawyer in this deal shares the same name as an individual who many years ago was an Oneida County ADAandprior to that an FBI agent now deceased i think wonder if its his son?

[frankcor]

Ouch. That's gotta hurt if it is the son.

[corner]

either way I'm sure his family is real proud right now

[thelma]

This has always been a very proud family that has always maintained such a family dignity. It will be a shame if the person you are alluding to has any connection other than his last name with this proud family.

[corner]

i agree i knew the person to whom i was referring:his sister inlaw and i were in college together and worked together for many years she has since died of cancer some years ago but if he is related its a shame because the person i am thinking of was a very effective ada and enjoyed an excellent reputation working for the feds but i think im right about the connection.if i am it is a shame and a disgrace.

[skm2810]

trust me, the feds arent wrong on this one. robert j. anderson and james kernan's world is unraveling faster then the public is led to believe. its well known that skip anderson came to town promising the world to the people around him, including the whitestown supervisor.