Massachusetts Federal Grand Jury Hearing Testimony Alleging Conspiracy, Fraud, and Extortion in the State Probation Department
Date:  12-02-2010

Charges of patronage are being leveled against high ranking officials
A federal grand jury was impaneled to listen to testimony concerning whether the state’s probation office rigged the hiring of friends and relatives of some highly placed politicians, including House Speaker Robert De Leo, who wrote a letter of recommendation for his godson, who got a job in the probation department.

Recommending friends and relatives for jobs is not “inherently wrong,” according to Massachusetts Governor Deval Patrick. In fact, recommending friends is common practice in almost every field of employment. So, why the uproar? An independent report authored by Paul F. Ware, Jr. was highly critical of the probation department, claiming it was using fraudulent measures, and was corrupt. The report was made available to US Attorney Carmen M. Ortiz, officials in the State Inspector General’s office, and the Office of the Bar Counsel of the Board of Bar Overseers. Probation officers are held at a high standard, and any suggestion of impropriety is taken very seriously.

Ware’s report found that some probation department members possibly committed such crimes as wire and mail fraud, perjury, bribery and unlawfully soliciting campaign funds. References were made to the scandal that occurred during Mayor Richard M. Daley’s reign in Chicago. Similar charges such as the ones the probation department is facing were brought against Daley’s aides, who were convicted of scheming to employ those with political connections.

The wire fraud allegation comes from fraudulently hiring favorites, and promoting those who had connections, rather than those who were more deserving. Extortion can be charged if an official received money, knowing that the money was a payment for a favor that was done. Soliciting campaign funds is verboten on state property, and state employees are also not allowed to solicit campaign funds anywhere else.

The probation department commissioner, John J O” Brien has been suspended and is a target of the on-going investigation. According to boston.comfederal prosecutors are hoping that O’Brien and several others involved in the investigation will snitch on politicians who were involved, in order to get a lighter sentence when, and if, they are indicted and convicted. Allegedly high-ranking probation department figures, including O’Brien solicited donations for politicians from the probation department rank and file, a clear violation of the law .

Job rigging is also an allegation being looked into. The grand jury will have to decide if anyone from the probation department, or if any politician, crossed the line between a friendly recommendation to hire a good worker and downright bribery to do so.

Source: boston.com