Saturday, May 01, 2010

Much Ado About Nothing?

A forgery case against Marion Co. GOP Chairman Tom John becomes a headline this weekend in the Star. It looks like the case arises out of a less than acrimonious divorce John had with his ex-wife a couple of years ago and involves some student loans the couple had taken out. Marion Co. Prosecutor Carl Brizzi has asked a special prosecutor to handle the case. He says he knew nothing about the ex-wife's allegation that John forged her signature on a loan document until IMPD investigators brought the case to him for charging.

As many of you know, I've been a frequent critic of John. Nonetheless, I'm very skeptical about this case. I'll take Brizzi at his word for now that he knew nothing about it until IMPD brought it to him. I'm puzzled why IMPD would pursue the case. Divorcing couples often make allegations against one another and, according to John, the executed loan documents were consistent with the court's property settlement agreement in his divorce case. Assuming John forged her name on a document, if she suffered no harm as a result of his action as John claims, it doesn't seem like the sort of case our criminal justice system should be wasting its time pursuing. I would note his wife seems to back his claim she suffered no harm according to the Star. Nonetheless, it could be a matter for the attorney disciplinary commission to investigate.

There's no question that Brizzi has a bias against John because of his recent call for his resignation in light of all of the scandals surrounding him, but he really had no choice but to turn the case over to a special prosecutor under these circumstances. The special prosecutor is under no obligation to file formal charges against John.

This case reminds me of the case of Allen Co. GOP Chairman Steve Shine. He went through a nasty divorce with his wife. As I recall, she tapped into money from his attorney-client trust account before filing for divorce. There were no criminal charges in that case, but Shine faced disciplinary action as an attorney. Maybe we shouldn't pick lawyers to serve as party chairmen.

6 comments:

jaxon said...

The Indy Star article said the Detective on the case was Brian Morris. Isn't he married to one of Carl's secretaries? Hmmm....

Michael said...

Maybe lawyers just shouldnt allow their spouses access to their office and bank accounts.

I would never think of allowing my spouse to have access to my business accounts or case management system or even to wander around my office.

Keeping client confidences is serious business man.

Craig said...
This comment has been removed by a blog administrator.
Marycatherine Barton said...

What else does Brizzi have up his sleeves, against John. This feud is continuing to be embarrassing to all of us county dependents.

artfuggins said...

Forgery is forgery...no matter who does it.

Craig said...

I am astounded that anyone cares about Tom John signing his estranged wife's name to a payback commitment--for a loan that was paid back--when Carl Brizzi and Mitch
Daniels together accepted almost a half a million dollars of stolen lifes savings of elderly Ohioans.

I am astounded that no one is asking why in the heck Carl Brizzi or someone acting on his behalf raced up to Goshen, Indiana, to the Elkhart County recorders office, and filed this purported mortgage against the infamous Elkhart property less than 24 hours before Tim Durham was raided by the FBI--on Thanksgiving week who is going to drive to Goshen to slap a purported self-directed mortgage on a property bought two years before?

BAB EQUITY LLC MORTGAGEE
11/23/2009 02009-27715 MORTGAGE
L&BAB LLC MORTGAGOR
ELKHART COUNTY EASEMENT
SECTION 06 TOWNSHIP 37N RANGE 05E NE-NW-SW-SE OF NW QTR

(select Guest, type in BAB in search)

http://www.elkhartcountyindiana.com/departments/recorder/LandRecords.htm