Bujak Charged With Grand Theft - Tells Investigators He Took The Money

The other shoe has fallen.  John Bujak, formerly the Canyon County Prosecutor, has been charged with Grand Theft by Deception and by Embezzlement, and the investigation of the case is set out in a detailed affidavit that is available online at the Idaho Press Tribune website, or here.  But before you think this thing is over, I bet there are more falling shoes in our future.  Here's why:

First, the affidavit indicates that although Bujak maintained neither he nor his chief of staff Tim Fleming would profit from the contract between Canyon County and Nampa City, BOTH did profit and neither apparently thinks there was any problem with their conduct. Bujak told the investigators that the issue wasn't whether he took the money, but rather, whether he was permitted to take the money. Apparently in his mind, those statements that he would not personally profit (the Canyon County Commissioners say that they were led to believe Bujak would not profit) were only intended to refer to his agreement to "not take a salary increase."  So the investigation reveals that as the money came in from the City, which believed it was going to pay the County, Bujak used the money for his personal expenses, transferring money to his own private accounts.  It also shows that in late March 2010, Bujak used the same money to buy a $10,000 cashiers check for Tim Flemming - Bujak's former chief of staff. Why was the $10,000 cashiers check, purchased out of Nampa City funds that were intended for Canyon County, going to Tim Fleming? Gift? Bonus? Mr. Fleming may have some explaining to do.

Second, the affidavit indicates that the contract (Prosecution Services Agreement) was between the City of Nampa and Office of the Mayor, and the Canyon County Prosecutor and Canyon County. Bujak's claim has been that it was a personal contract between he and the City. If the contract actually is not in his name, then the money is likely not his; it belonged to the County. All of this stuff will impact on the pending lawsuits and bankruptcy proceeding. That failure to disclose to the Bankruptcy Court that he had possessed and sold a Rolex watch, could still land Bujak in another criminal case - in federal court. And of course there is the divorce proceeding and Bujak's lawsuit against protagonists Bob Henry and the Michaelson law firm - remember he said they defamed him when they claimed that he had received money that he wasn't entitled to?  Kind of sounds like the charges of Grand Theft in the new criminal case, doesn't it?

Third and foremost in my mind is the likely involvement of the Idaho State Bar.  Bujak has been practicing law on a contract basis while this has been pending. He serves as an officer of the court and his conduct is subject to review by the Bar. 

Then again - I guess that potential fourteen years for each GRAND THEFT count will probably consume his time.  After all - he took the money - admits he got $236,000 from the City of Nampa that they believed was going to the Canyon County Prosecutor's Office. The only question is whether he was ENTITLED to take it.

I bet Kerry Michaelson and Bob Henry will sleep a lot easier tonight. They called it years ago.

And Mayor Dale, City of Nampa, Canyon County Commissioners: who was driving that bus when each of you allowed this mess to go on for a year? Just how is it that Canyon County taxpayers got Bujaked on your watch? You've got some explaining to do, too.

 

Off To Trial Lawyers College

They say attending the Trial Lawyers College can change your life.  I'm not sure I want my life changed, but I am looking forward to spending the next three weeks at Gerry Spence's Trial Lawyers College, in the remote mountains of Wyoming.  I'll be there with 48 other lawyers, chosen from across the US.  The whole thing sounds daunting but exciting at the same time.  Spence and others will attempt to remake us in our own image - that's right - our image, not theirs.  The truth is, no lawyer can successfully be anyone other than him/herself.  Attempting to imitate anyone else would simply not work because jurors see through that type of ruse.  As I tell jurors, I am just a little guy in baggie pants.  Just a "ham & egger," catching cases that seem mundane to some, but case that are huge to the folks involved.  So off I go to learn from great teachers - and to teach a little myself.  I will share the stuff I have learned that works, and get ideas for cases that are coming up soon.  Over the next three weeks I will break away from Thunderhead Ranch (no cattle, no round-ups, no TV, no cell phones) and post updates about my experience.  If you have been wondering what happens there, stay tuned.  I can't share the secret handshake, but I will share what I learn about the process.  After 25 years of doing this stuff, a little refreshing seems in order.  And maybe you will decide that you should attend too. 

Speaking of process - I was reminded today of an article that appeared in Litigation magazine in 2006, authored by a Federal Magistrate Judge I left on a racketeering jury.  Yes, I left him on a jury.  Other lawyers called me as the trial dragged on, mostly wondering what kind of fool would leave a sitting judge on a jury.  As it turned out - the kind of fool who trusts the man, and does not fear the robe.  The article is entitled A Judge On The Jury and it records Judge Larry Boyle's observations about the role of the lawyers at trial.  The trial went on for ten weeks, and the indictment alleged over 150 crimes ("predicate acts" in RICO lingo).  In the end, the jury acquitted on all but 5 of the predicate acts.  It hung on those 5, unable to reach a unanimous finding.  More important than the result is Judge Boyle's observations on how jurors watch what we do as lawyers.  His article should be read by every lawyer and client before going to trial.  Jurors watch the client and the lawyers, but in the end it is the evidence - the testimony and the exhibits - that drive the cart.  That could be good or bad news depending on your case.  If you have a minute read the article.  No more minutes for me.  Gotta pack for TLC.  Maybe I can figure out how those 5 predicate acts got away.

Medicaid Fraud Trial Starts

Thursday is not a day that one usually begins a felony Medicaid Fraud trial, but that is where I find myself today. Trying to beat the long weekend, we got it going today in hopes of getting to the jury by next Tuesday. I thought a lot today about Gerry Spence's advice in his latest book that we "embrace" our fears about the case during voir dire. Tell the jury about what scares you. Then get them to talk about the issue and see if they have the same fears or prejudice. In my case it is my client's ethnicity - she is Iranian. I shared with the jury my concern that I may have prejudged Iranians in an unfavorable way and I wondered, out loud, if any of them shared similar thoughts. Could they give my client a fair trial? The answer really would depend, in part at least, on whether they could get past their own prejudice. And Gerry - it worked. They spoke. We talked about the hostages, and the Shah, and all things Persian. Then a little mouse of a voice reminded us that my client was an American citizen, just like we are. "She's just like us." And heads bobbed, and affirmations echoed and we were over the "she's one of them" stuff. Spence says this stuff works for "ham & eggers" like me, and perhaps, you. Maybe it does. Will let you know how this trial works out. And if you want to learn more and win your next case, well, you know the book to buy! Win Your Case.