Showing posts sorted by relevance for query cleco. Sort by date Show all posts
Showing posts sorted by relevance for query cleco. Sort by date Show all posts

06 June 2007

cleco stock trading

**updated** 9:33 am cdt wednesday 06 june 2007 we finally heard from our stockbroker source. he had the following observations about these cleco insider stock transactions:

note: cleco's stock symbol is CNL; click
here to view latest cleco stock news via yahoo finance.

email one
: I have a program that will take me to the reports (shown at the bottom of the article) and show all insider trading. There are about 100 legal ways for insiders to trade stock. All sorts of different categories and nearly all companies have list are quite lengthy. Insiders have to file a report showing their trade within so many days of the trade, (3 days I think) I find when there is a flurry of insiders selling large amounts, your nearly guaranteed the stock will take quite a fall within the next few months.
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email two: I looked it up, stock is falling today and has been dropping for the past two weeks. Possible resistance around 52.75. It has been pretty strong with rapid growth until mid May. You don't usually see utilities very volatile. Usually slow increase or decrease, normally considered a safe stock. CLECO has some pretty steep jumps and falls and volume is pretty high. Puts or calls are not really high (normal range). Nothing really exciting to move into, but if I owned it, I would be nervous.
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----ORIGINAL POST----
originally posted 11:15 am cdt sunday 03 june 2007

we received this information in an email about ten days ago by way of "pointecoupeedemocrat" whom many of you know is a frequent commenter here and who has written over at the daily kingfish blog. we didnt post this information right away because we dont own any public stocks and stock charts, graphs, symbols etc are a mystery to us -- they might as well be in egyptian hieroglyphics as far as we are concerned. so, we forwarded the information to someone who is more knowledgeable of these things for an opinion. however many days have passed and we havent heard back from our source. we dont know what to make of that. so, anyway we are presenting the information just as we received it; in the public interest; with the disclaimer that, as always, you have to investigate and decide for yourself the accuracy or not of this information.
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Dear PCD:

I hope you will take the time to review the following documents. This could be proof of serious insider trading. Despite the regulations to which a publicly-trading company like Cleco must adhere, the recent deluge of stock selling, coupled with the media's refusal to even understand or acknowledge the story, has forced me to look to someone like you, who I believe should instantly understand the pattern of deception involved here.

Yesterday, Forbes and the Houston Chronicle reported that on May 21, 2007 the VP of Cleco, Keith Crump, sold 12,400 shares of his stock, valued at approximately $354,000. I have attached supporting documents from both Yahoo Financial and Cleco's own website which will back this up. In addition to VP Crump, 2,125 shares were sold Anthony Bunting, Cleco's VP of Customer Care. That sale totaled $60, 243 and occurred on the same day.

If one digs just a little deeper, one finds a brazen pattern of insider selling, mainly within a three week window. There are two interesting news items which will likely be coming up that could affect the value of Cleco stock: the deadline for FERC compliance is rapidly approaching, and KPMG's audit of Cleco regarding pending litigation with the City of Alexandria was released on February 23, 2007. Only a handful of individuals know the contents of the audit report, those in the upper echelons of Cleco management and those representing the City of Alexandria.

Sarbanes-Oxley requires anyone in upper management to disclose stock sales, lest a repeat of Enron occur. For their part, Cleco has adhered to the full disclosure required by Sarbanes-Oxley, but the pattern of large stock dumps, in many cases representing 25-75% of one's entire Cleco portfolio, by upper management should be cause for immediate concern.

Michele Godard, a local journalist with KALB, believes she has solved the case. In today's Cenla Media blog entry, she writes this is not news and mistakes the FILE SIZE of the documents containing disclosure statements with the DOLLAR amount sold by those in charge. In other words, a 15K file is reported as $15,000 in sales. It's an embarrassing mistake for someone who fashions herself as a journalist. I have also attached documents which back up this assertion. If Ms. Godard had simply clicked on the links provided on the right hand side of the screen, she would have immediately seen that this is indeed a BIG news story, one that every Cleco shareholder should be aware.

Regarding the other sales, this is what I have found. This is posted, for the public, on Yahoo Finance.

*INSIDER TRANSACTIONS REPORTED - LAST TWO YEARS
*Date Insider Shares Type Transaction Value

*21-May-07 CRUMP KEITH D
Officer 12,400 Direct Option Exercise N/A
21-May-07 CRUMP KEITH
D Officer 12,400 Direct Sale at $28.41 per share.$352,284

21-May-07 BUNTING ANTHONY L.
Officer 3,000 Direct Option Exercise at $16.13 per share.$48,390

21-May-07 BUNTING ANTHONY L
Officer 2,125 Direct Sale at $28.35 per share.$60,243

9-May-07 FONTENOT WILLIAM G
Officer 66,000 Direct Option Exercise N/A

9-May-07 FONTENOT WILLIAM G
Officer 66,000 Direct Sale at $28.25 per share.$1,864,500

8-May-07 JAMES F BEN JR
Director 3,000 Direct Option Exercise at $14.75 per share.$44,250

8-May-07 JAMES F BEN JR
Director 3,000 Direct Sale at $28.32 per share.$84,960

7-May-07 NOLEN KATHLEEN F
Officer 6,333 Direct Option Exercise N/A

7-May-07 NOLEN KATHLEEN F
Officer 4,705 Direct Sale at $28.48 per share.$133,998

7-May-07 MILLER JUDY P.
Officer 14,000 Direct Option Exercise N/A

7-May-07 MILLER JUDY P.
Officer 14,000 Direct Sale at $28.59 per share.$400,260

7-May-07 DAVIS R RUSSELL
Officer 18,000 Direct Option Exercise N/A

7-May-07 DAVIS R RUSSELL
Officer 15,075 Direct Sale at $28.53 per share.$430,089

7-May-07 GARRETT J PATRICK
Director 20,834 Direct Option Exercise N/A

7-May-07 GARRETT J PATRICK
Director 20,834 Direct Sale at $28.59 per share.$595,644

7-May-07 WESTBROOK W L
Director 6,750 Direct Option Exercise N/A

7-May-07 WESTBROOK W L
Director 6,750 Direct Sale at $28.49 per share.$192,307

When one examines Cleco's own website, one gets a better picture of the magnitude of these stock dumps. Please note Cleco must track the total number of shares held by its upper management, and then please also note how these sales have affected these employees' portfolios. This is the link:
http://www.shareholder.com/cnl/governance/transactions.cfm

Date Filer Transaction Shares Traded Price Total Shares

5/21/07 BUNTING ANTHONY L Sell 2,125 $28.35 17,342
5/21/07 BUNTING ANTHONY L Option Execute 3,000 $16.13 19,467

5/21/07 CRUMP KEITH D Sell 12,400 $28.41 14,032
5/21/07 CRUMP KEITH D Option Execute 12,400 N/A 26,432

5/9/07 FONTENOT WILLIAM G Sell 66,000 $28.25 33,460
5/9/07 FONTENOT WILLIAM G Option Execute 66,000 N/A 99,460

5/8/07 JAMES F BEN JR Sell 3,000 $28.32 18,363
5/8/07 JAMES F BEN JR Option Execute 3,000 $14.75 21,363

5/7/07 DAVIS R RUSSELL Sell 15,075 $28.53 24,738
5/7/07 DAVIS R RUSSELL Option Execute 18,000 N/A 39,813

5/7/07 MILLER JUDY P Sell 14,000 $28.59 12,606
5/7/07 MILLER JUDY P Option Execute 14,000 N/A 26,606

5/7/07 NOLEN KATHLEEN F Sell 4,705 $28.48 33,097
5/7/07 NOLEN KATHLEEN F Option Execute 6,333 N/A 37,802

5/7/07 GARRETT J PATRICK Sell 20,834 $28.59 66,672
5/7/07 GARRETT J PATRICK Option Execute 20,834 N/A 87,506

5/7/07 WESTBROOK W L Sell 6,750 $28.49 21,626
5/7/07 WESTBROOK W L Option Execute 6,750 N/A 28,376

When one examines Cleco's own website, one gets a better picture of the magnitude of these stock dumps. Please note Cleco must track the total number of shares held by its upper management, and then please also note how
these sales have affected these employees' portfolios. This is the link: http://www.shareholder.com/cnl/governance/transactions.cfm

Cleco may not disclose how much money these employees have made on these stock dumps, but they do paint a good picture of how much is truly being unloaded.

Here are the titles and positions of the individuals who have sold stock:

Chairman of the Board- Patrick Garrett
Treasurer- Keith Crump
VP Customer Care- Anthony Bunting
VP and the head of Cleco Management and Traning (in charge of Roedemacher III) - William Fontenot
Board of Directors- Ben James, Jr.
CFO- Kathleen Nolen
Corporate Sec/ Former Assistant Controller- Judy Miller
Controller/Head of Accounting- Russell Davis
Board/ Head of the Audit Committee- WL Westbrook
Board Member- Elton King

Many, if not most, of these people know the contents of the KPMG audit, and this looks highly suspicious, particularly when one looks at the past two years worth of disclosures; up until this month, the single largest sale was by David Eppler, who was given stock and then promptly sold it as part of his severance package when he resigned as Cleco's CEO.

It is a damn shame Cenla doesn't have a reputable media outlet to report this story, but I trust you will do the right thing with this information and maintain the privacy and confidentiality of my identity.

The attached files are for your viewing pleasure.
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link
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03 January 2012

cleco corporation vs samuel sansing, energy management services, l.l.c. and david keith pugh

we've noticed that since we've been posting some lawsuits and pleadings that we've been receiving some googlers from all over; we assume, judging from the keywords and search strings, looking for various types of pleadings to serve as a template for their own lawsuits.

most of these visits appear to be coming from private individuals but there are also some law firms.

back in 2009, louisiana supreme court chief justice, catherine d. "kitty" kimball, in her first address to the joint session of the louisiana legislature, told the lege, that "as the cost of litigation continues to be high and as the economy weakens more and more of our citizens who must utilize the court are trying to handle legal matters on their own."

this case should have something for just about everyone. there's motions to compel discovery, motions to extend time to respond, motions to recuse judges, tons of witness and deposition subpoenas and on and on.

there's even some la. code of civil procedure art. 971. special motion to strike, although an article 971 motion wasnt really applicable to this case; even if one were, compared to others that we've read, this one was horribly pled by mr. pugh's attorney, s. aaron siebeneicher (johnson & siebeneicher) and mr. sansings' timothy shumate (chris roy, sr.).

for the best chance for success an article 971 motion should be its own well briefed, stand alone motion. instead what happened here is the attorneys decided to include it, almost as an afterthought, in a motion for peremptory and dilatory exceptions and reconventional demand.

several of cleco's many attorneys richard a. rozanski, (wheelis & rozanski) and jennifer l. thornton, (stanley, fanagan & reuter), both of whom are freaking pit bulls, totally destroyed them in their opposition briefs and the trial court (judge george c. metoyer, jr.) eventually denied them.

we cant tell where the third circuit appeals court took it up on a supervisory writ -- although on page 623 the third circuit did grant a motion to strike for mr. sansing regarding "the references to the depositions of sonny craig and ned randolph and the affidavit of samuel sansing are hereby ordered stricken as they were not submitted to the trial court." but that doesnt appear to be related to the article 971 special motion to strike.

nevertheless, if you're looking for a template for an article 971 special motion to strike -- dont use this one. check this one out .pdf 16 pages [187 kb].

what this case boiled down to is that mr. sansing and mr. pugh both worked for cleco and when they left cleco's employ "cleco paid pugh a severance package of $76,668" and mr. sansing $175,000.00.

mr. sansing and mr. pugh were aware that cleco had been over billing or defrauding the city of alexandria and its electricity rate payers for many years amounting to millions of dollars.

so instead of going to the police and reporting it so that the police could investigate and the city and its rate payers could recover 100% of the over billings -- they go to the alexandria city council and its then mayor and in a complete abdication of their fiduciary duty to the city and its rate payers, they enter into an agreement with mr. sansing and mr. pugh to give them an incredible 50% of any money they recovered.

as you can imagine all this angered and likely frightened cleco and in one of the pleadings there is a vague reference to an unnamed alexandria city councilman who had a physical confrontation with an unnamed cleco employee at an unnamed local restaurant that happened right after cleco learned that the city had signed this contract with mr. sansing and mr. pugh and their energy management services, l.l.c.

cleco wanted their severance money back and didnt mind spending what must have amounted to hundreds of thousands of dollars in legal fees to recover what amounted to around $252,000.00.

the louisiana supreme court is what saved mr. sansing and mr. pugh.

mr. sansing wanted cleco to produce "a certain document" which cleco declined and wanted a protective order which judge metoyer refused to grant and ordered cleco to produce the document.

cleco fought this all the way to the supreme court who remanded it back to judge metoyer and instructed him "to render a new ruling on cleco's motion for protective order, including specific findings on the applicability of the crime-fraud exception, after appropriate briefing from the parties and, if necessary, an additional in camera review of the privileged documents."

after the supremes ruling in mid may 2009, it appears that cleco abandoned the case as there has been no activity since.

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click here or here to download 1,639 page .pdf [48.1 mb]

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EXTERNAL LINK

14 January 2006

cleco is being shafted

heres the latest in the city of alexandria v cleco lawsuits. there are so many and we have blogged about this before to try and recap and someone correct us if we are wrong, cleco has been accused of cheating alexandria "ratepayers" by over charging alexandria for utilities. or something like that. it all started when some guys that worked for cleco sam sansing and david pugh squealed to the city that cleco was frauding it.

as you can imagine, cleco is suing these two in state court and there is controversy there because the judge in that suit judge george metoyer well his wife works for one of the litigants - the city of alexandria. see new judge wastes no time joining the old boy network.

so then it turns out that there was some spies on the citys side because mayor randolph fired his chief of staff and two other high level city "executives" for giving cleco a heads up about what they were discussing in "secret" city council meetings. they turn around and sue and randolph hires charlie weems to defend the suit. mr weems promptly moves the suit to his law partners court who just happens to be a federal judge. how convenient.

anyway, our interest lies as you can tell in all the lawyers involved. you see judge dee drell comes from the gold weems law firm and so does the other federal judge u s district judge f a "pappy" little, jr. "the gold firm" is located here at alexandria, la., charlie weems comes from the gold firm as well. in fact the secretary of state used to list the incorporators of the gold weems law firm as c.s. weems, III and f.a. little, jr.

of course the right thing to do under say oh canon 2 of the federal canons of judicial conduct would be for judge drell as well as judge little to recuse themselves from any suit that their former or current law partner(s) would bring on before em. didnt we just go over this in the alito hearings?

naturally the local press never reports any of this. a few years ago judge little ruled on a lawsuit concerning bayou robert. judge little also lives on bayou robert despite that he ruled anyway. the town talk never mentioned the judge lived on the very property he was ruling on despite publishing several articles about the dispute itself; when it was pointed out to them their reply was "he has to live somewhere"

another one of the lawyers the one representing one of the guys mayor randolph fired is jock scott who is the son of the late federal u s senior judge nauman s scott.

so what we have is a cabal of lawyers who happen to control the federal throne here, poised, to take over a major louisiana utility - cleco. uh huh they are republicans too...


City, Cleco agree to audit to help resolve dispute
By Billy Gunn bgunn@thetowntalk.com
(318) 487-6378

Alexandria and Cleco Corp. have agreed to an audit overseen by a U.S. District Court judge to resolve the legal and public argument over whether the utility owes the city's electricity users money.

City Council members Friday unanimously voted to adopt guidelines that will be submitted to Judge Dee Drell, who is presiding over the city's lawsuit against Cleco filed this past summer.
"The audit process provides an opportunity for a neutral and experienced auditor to identify the specific claims that the city has against Cleco," City Attorney Kelvin Sanders said at a special council meeting Friday.
"The audit and resulting mediation has a good chance of expediting a resolution of the city's claims with minimal cost and should improve the city's ability to assess the value of its claims," Sanders said.

In the city's lawsuit, Alexandria makes numerous allegations against the utility, including alleging fraud over years of electricity transactions.
An audit "is the right thing to do," Mayor Ned Randolph said.
Council President Charles F. Smith Jr. said, "We want the people of this town to know we're not hiding anything."

The city suit against Cleco is one of three now in the courts involving the utility, Alexandria and a bevy of other players. The longest-running lawsuit, filed by Cleco against two former employees, is ongoing.

Attorneys for the former employees, Sam Sansing and David Pugh, who brought alleged Cleco wrongdoings to city officials' attention in the spring of 2004, said they will proceed fighting for their own audit in state court.

The most recent case, filed in September, was brought against the city after Randolph got rid of three longtime city executives, Harold Chambers, Sonny Craig and Darrell Williamson.

Originally published January 14, 2006

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heres a screen grab of judge drell's resume from off the department of justice website:
drell resume added 8:19pm cdt sunday 02 april 2006
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related posts:
  • new judge wastes no time joining the old boy network
  • who's protecting us from chuck plattsmier and the la attorney disciplinary board?
  • middleton victims website chronicles ladb inaction
  • fools gold
  • judge f a little jr retires
  • ogden middleton/gold weems victims press release for immediate release
  • ====

    EXTERNAL LINK

    15 February 2012

    3rd circuit court of appeal denies cleco & public service commission writs in opelousas overbilling suits

    the alexandria, la. mayor and city council, who settled their fraud suit against cleco and especially the alexandria, ratepayers probably dont want to read this.

    This case involves the consolidation of four writs into a single writ opinion.

    Two of the writs, numbers 11-348 and 11-349, were filed by Cleco Corporation and Cleco Power, LLC (“Cleco”).

    The other two writs, numbers 11-391 and 11-392, were filed by the Louisiana Public Service Commissioner (“the LPSC”), as intervenor in two separate class action suits which have been filed against Cleco by a putative class of utility ratepayers (“Ratepayers”) in the City of Opelousas.

    Ratepayers seek reimbursement for alleged overcharges for electricity for a period of nearly twenty years.

    In response to both lawsuits, Cleco filed exceptions of lack of subject matter jurisdiction, prematurity, and improper venue.

    Following a hearing, the trial court denied Cleco’s exceptions.

    We find no error by the trial court and, thus, deny these writs.
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    click here to download sixteen page .pdf and here [191 kb]
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    the suits are opelousas trust authority d/b/a opelousas general health system, et al. vs. cleco corporation and cleco power, llc and deborah mayo, et al. vs cleco corporation and cleco power, llc.
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    UPDATE: 17 february 2012 10:34 am cst: gannett/opelousas daily world court rules against cleco
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  • search this blog * cleco

  • ====

    EXTERNAL LINK

    03 June 2008

    city of alexandria and cleco agree in principal to settle fraud lawsuit - wheres the beef?

    according to this mornings ganett/town talk, cleco and the city of alexandria released the following joint statement:

    "The city of Alexandria and Cleco Corporation hereby jointly issue the following statement in connection with their agreement in principle to resolve the litigation pending between them before U.S. District Judge Dee Drell.

    "The parties have agreed in principle to resolve all disputes relating to Cleco's past supply of power to Alexandria. Accounting for past transactions between the two entities is complex and based on numerous variables and assumptions. In light of this complexity, the mediation process was chosen over a trial to preserve a basis for a future business arrangement between the city and Cleco.

    Because of that choice, no findings were contemplated or made by the mediation process with regard to fraud, and the KPMG report made no findings of fraud. The city of Alexandria and Cleco have arrived at a business judgment resolution that is forward looking. In that new agreement, Alexandria would continue to receive electricity and power services from Cleco under a new long-term contract that promises substantial savings to the city's electric customers and Cleco would continue to contribute to the city's growth and prosperity."
    it looks like that if the city of alexandria, la. and cleco have agreed 'in principal' (which the insertion of the words 'in principal' seems to give either and/or both party's some wiggle room to back out) to settle their differences, so then why isnt all the court records including the audit being released to the citizenry in order for them to review the documents and audit in order to give an informed opinion to their respective council members as to how they would like for them to proceed?

    according to the accompanying gannett/town talk article (see link) alexandria, la. mayor jacques roy "[S]aid late Monday that eventually the public would have access to information on which city officials have based decisions, including parts of the Beck report not covered by Judge Drell's gag order, issued in early 2006 as Cleco and Alexandria prepared for the audit. Drell's order that seals the audit and prohibits those in the know from talking still stands."

    why wont judge drell dissolve his gag order and let the citizenry see the court papers before any final and binding agreement is signed? it seems that what is going to happen is that a deal will be signed and then 'eventually' meaning after the fact, the court records and audit will be released at some unknown time in the future.

    judge drell should dissolve his gag order and release all the court records including the audit before any final agreement between the city and cleco is signed so that the citizenry can review and have their say. anything less than that gives the appearance that the judge is covering up for corporate and governmental interests to the detriment of the citizenry to whom he is supposed to serve.

    EXTERNAL LINK

    11 December 2005

    new judge wastes no time joining the old boy network

    back in june 9th judicial district court judge b dexter ryland passed away. five candidates ran for the spot and patricia koch won outright with 51% of the vote in fact, judge koch, received more votes than the other four challengers combined.

    so anyway, cleco is suing some former employees because cleco alledges that they "broke confidentially agreements". we really need a scorecard to keep track of all these lawsuits because there are about 3 or 4 that we know of. see 3 former execs' lawsuit against city moved to federal court. in this article published on 18 october 2005 they talk about how alexandria mayor ned randolph has hired charlie weems of the so called "gold" firm to represent the city in federal court. then in this article filed by jim leggett we see how the gold firm is being sued for overbilling a former client and the rather brazenly scandalous attempt by 9th judicial judge harry randow to cover it all up.

    town talk reporter billy gunn writes that us district judge dee drell offered to recuse himself from one of the lawsuits because he is a city of alexandria ratepayer. this is disingenuous of mr gunn at best because in reality we know that judge drell came from the gold law firm and that in fact charlie weems and the other us district judge f a "pappy" little jr are the incorporators of the gold firm. judge drell's son bradley is an attorney there. so in effect here in alexandria, we have one law firm, one clique of lawyers, controlling the federal bench.

    so enter new judge patricia koch into all this mess who promptly rules that she cant see anything wrong with a fellow judge, 9th judicial judge george metoyer presiding over a case in which his wife works for one of the litigants. what a joke our legal system is.

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    Judge backs Metoyer for Cleco case
    By Billy Gunn
    bgunn@thetowntalk.com
    (318) 487-6378

    A district judge on Monday found no reason a fellow judge should bow out of Cleco Corp.'s case against two former employees because the judge's wife works for the city of Alexandria.

    "I do not find there's any reason for (Judge George Metoyer Jr.) to recuse himself" because he "has continued to show that impartiality" and because Cleco's arguments did not meet the stringent standards developed for judge recusals, newly sworn-in 9th Judicial District Court Judge Patricia Koch said.

    Cleco attorney Richard Stanley said no decision has been made yet on whether the utility would appeal Koch's ruling.
    Metoyer on Oct. 30 refused to recuse himself from the lawsuit.

    The case is scheduled for a jury trial next year.

    Two former Cleco employees, Sam Sansing and David Pugh, have alleged that during years of wholesale electricity transactions, the utility took advantage of the city's ratepayers to the tune of millions of dollars.

    Cleco sued the two for allegedly breaking confidentiality agreements, a lawsuit that has spawned two other cases now in federal court.

    On Monday, Stanley cited court papers where former Cleco electricity trader Sam Sansing purportedly brought the city into the case.

    He also said that earlier in the lawsuit's history, Metoyer mentioned he might have to recuse himself if the city became part of the case.

    "It's not with joy we bring this motion in, but it's too important a case to my client (Cleco)," Stanley said.

    Stanley also said U.S. District Judge Dee Drell offered to recuse himself from a separate case, where the city is suing Cleco, because the judge is an Alexandria ratepayer. Drell remains the judge in that case.

    Sansing attorney Jacques Roy argued the city's peripheral involvement in Sansing and Pugh's case is nothing new, and that Cleco did not meet the high standard for recusing judges from cases.

    "A judge is presumed to be impartial," Roy said. "There is, in fact, a duty" for a judge to preside over a case unless there is an overwhelming appearance of bias or evidence of it, he said.

    Originally published November 29, 2005
    town talk article added 12:03 pm cdt monday 03 april 2006
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    tags:
    ====
    related posts
  • cleco is being shafted
  • middleton victims website chronicles ladb inaction
  • fools gold
  • who's protecting us from chuck plattsmier and the la attorney disciplinary board?
  • EXTERNAL LINK

    20 March 2008

    cleco ceo mike madison is a hypocrite

    yesterday, the gannett/alexandria daily town talk published a 'your mail' letter to the editor (see link) by cleco ceo mike madison 'creating the state we deserve.'

    mr. madison wrote to tout the success of some mysterious entity called 'blueprint louisiana' of which mr. madison sits upon the steering committee thereof, in influencing the passage of some ethics reform. mr. madison writes, "from our perspective, all four of our ethics recommendations were achieved"

    the thing is though, if mr. madison is so high on some ethics and some honesty and some transparency then why hasnt his company: cleco corporation, settled the long running city of alexandria v cleco lawsuit?

    quoting from the original petition filed by the city of alexandria, the city alleges that

    "cleco has manipulated transactions involving purchases of electricity for the city in order to obtain for itself and/or its affiliates revenue and/or benefits having an economic value to which it was otherwise not entitled [here the city gives thirteen instances a.- m.] cleco is required to provide the city with documentation and data to evidence its actions and support its conduct in connection with the performance of its obligations to the city under the agreements. despite the obligation to provide such information and despite the reasonable requests of the city to obtain such information, cleco has either failed or refused to provide such information, or in the alternative, has provided information that is incomplete, inaccurate, misleading and or false..."
    thats pretty strong words. the city of alexandria, la. is saying that cleco is a bunch of crooks who operate like an organized crime gang.

    so what does cleco do? they promptly move the suit over to federal court before the rethuglican george w. bush appointee, dee drell, who's former? law partner charlie weems is a major financial contributor to and supporter of the current governor piyush "bobby" jindal the very same governor who mr. madison and his blueprint louisiana entity operate in support of.

    on a side note, mr. weems and another blueprint louisiana steering committee member, jonathan martin also intersect when mr. martin and mr. weems recently came out in support of the satanic bohemian grover sean o'keefe when he was fired from his job as lsu chancellor. by the way, the late president richard milhous nixon once remarked that bohemian grove was "the most faggy goddamned thing you could ever imagine" [video] but we digress, cos after all we are talking about a bunch of republicans here.

    anyway, judge drell instead of setting a trial date so that all this could promptly come out in public, seals everything including the audit and apparently playing into cleco's 'strategery' allows cleco to string the proceedings along for years under the guise of "mediation." this "mediation process" further helps cleco because it demoralizes the citizenry and the city and threatens to bankrupt or severely cripple the city with the associated legal fees so that the city will eventually become exhausted in fighting this suit and settle for peanuts or for nothing at all. yet mr. madison has the audacity to sign his name to a letter in which he claims to stand for and speak for good ethics and good government. only in louisiana!

    next mr. madison chooses to pat some local legislators ("reps. andy anders, billy chandler, chris hazel and chris roy, and state sens. eric lafleur and neil riser") on the head "for asking questions, working the issues and boldly casting votes for reform." thats a lie -- they didnt ask any questions, what they did was totally abdicate their duty, their oath of office, to act as a separate and coequal branch of government.

    for example, this bunch was either too dumb or they knew better but were too timid which is worse, to see the danger when they all voted for hb41 [senate final passage vote | house final passage vote] a bill now act 23 which
    consolidated the adjudication powers of the state ethics board to the governor because it removes those powers from the state ethics board which didnt even file charges in 60% of the cases before it and gives the control to the governor because the administrative law judges are appointed by someone who in turn is appointed by the governor.

    now thanks to these legislators own stupidity when they have a little ethics problem, which they will, thanks to the other myriad of ethics laws they passed against themselves, they will have to go to the governor with their hat in their hand and work out some kind of deal with him in order to get him to make a phone call to see that the ethics charges are taken care of. administrative law judge courts are nothing but a kangaroo court and a sham as seen by the administrative law judge court the lafayette consolidated government runs for their redflex redlight scam. see the video of a lafayette/redflex administrative law judge hearing here and also new recording captures tony tramel; others mocking and laughing at lafayette citizens. not surprisingly the lafayette parish consolidated government is another louisiana governmental entity under the control of corrupt republicans.

    mr. mike madison thinks this is all just fine and dandy and we guess he does when you consider who controls the governor. it's the corporatocracy made up of corporations like cleco and the plutocracy made up of people like mike madison. in fact, if you look at who is behind the blueprint louisiana group you see its nothing more than a front and a shill/propaganda arm of the corporatocracy/plutocracy.

    mr. madison is absolutely correct when he writes they are "creating the state that we deserve" what he doesnt tell you, because he doesnt have to tell you either, seeing that 53.88% of the states voters have already shown themselves to have lousy minds and cant think properly enough to figure it out anyway, is that the "we" aint the common people at all - the "we" is big business and the wealthy.

    EXTERNAL LINK

    19 November 2009

    city of alexandria, la. legal committee votes to continue its investigation of mayor jacques roy


    here we go with the jacques roy + ems + david pugh + sam sansing + cleco + conflict of interest + fraud + waste + abuse et al. meme again.

    the thing about this three year old case, is that all the men on the city council are all men of means who have the resources as well as friends who know how to conduct an investigation. they have had over three years to put something together to show or even suggest that the mayor acted unethically.

    yet in all this time they still cant even explain the basics. the legal committee had an agenda item
    2. To discuss the Mayor’s potential conflict on the Cleco Case and ability to sign a contract involving the litigation and to discuss potential violation of Article 7.2 of the Charter.
    but in all this time they still dont know dates, times, who was deposed (councilman johnson did inform us that he wasnt 'decomposed') definitions, or even the circumstances of the mysterious early 2007 trip mayor roy took to orlando, florida to meet with r.w. beck.

    so all this tells us that they dont really want an investigation. they just want something to throw up in the air from time-to-time.

    of course it doesnt help matters that the mayor and his crew seem to enjoy using a "former" klansman to constantly "do his dirty work for him," against the blacks on the council. especially, seeing how the mayor is always on about how much he loves black folks n' shit.

    curiously, in all this time no one at the very least; out of an abundance of caution, has filed a complaint to the state bar. it would seem that if the office of disciplinary counsel found that the mayor did something wrong -- that would be all the evidence they would need to remove him.

    the most that we can figure out they're saying here is that david pugh and sam sansing were energy traders in the employ of cleco. sometime during their employment they discovered that cleco was overcharging the city of alexandria for electricity.

    so they ratted cleco out to the city and it gets confusing because the next thing that pugh or pugh and sansing did was incorporate a company called energy management services, l.l.c. (ems) which then got a contract with the city to get paid a percentage of whatever the city collected from cleco's overcharge. nice.

    to further complicate things, the gannett/town talk reported in 2006 that "last spring, sansing and fellow ex-cleco employee david pugh formed energy management services."

    next comes, cleco corporation v. samuel e. sansing, energy management services, l.l.c. and david keith pugh. aaron sienbeneicher is david pugh's attorney and jacques roy was sam sansing's attorney. -- or maybe jacques roy's brother chris roy, jr. was mr. sansing's attorney and jacques roy was only involved because he is a partner in the firm.

    apparently, no one has thought to walk across the street to the parish courthouse and look in the the clerk's file at the court minutes and learn the name of the attorney's who have personally appeared before the bench and/or signed the pleadings.

    as far as we know its never been reported who, after jacques roy withdrew, became mr. sansing's attorney. it could be the mayor's brother chris roy, jr. or the mayor's father chris roy but that wouldnt seem to pass the political smell test as people could reason that the mayor was passing along information to them -- after all blood is thicker than water.

    anyway, in around june of 2005 the city of alexandria filed a fraud lawsuit against cleco. in september 2005 during hurricane rita, then alexandria, mayor ned randolph fired three of his top hands. some have asked if the mysterious firings were connected to the cleco litigation.

    in 2006 jacques roy was elected mayor of alexandria on 07 november 2006 and was sent into that office on 04 december 2006. not 05 december as they say in the video. when someone cant remember important dates like that it makes us wonder what else they are sloppy about.

    supposedly, the concern here is that the mayor still represented sam sansing while being privy to the cleco file. some of the cleco file (like the audit) was or is sealed.

    then there was the mysterious trip the mayor took to orlando in early 2007 to meet with r.w. beck relative to the city's fraud suit. the legal committee seems to think that the mayor still represented mr. sansing then.

    then there is the whole bridgett brown drama swirling around.

    one thing is for sure -- the gannett/town talk is desperate to keep a lid on the whole thing. today they reported in "roy: lawson behind potential ethics probe." that story contains the line
    Lawson denied leading the charge against Roy, saying Goins and Larvadain got wind of court testimony from Roy's attorney saying the mayor might have committed ethics violations in the Cleco case.
    yet they dont bother to tell the reader the name of this attorney. or where is the written or audio transcript of this court testimony and what lawsuit and the date that it happened in. it would seem that a competent reporter would look all that up and either confirm it happened or report that it appears to be a rumor.

    one other interesting tidbit that the liars over at gannett/the town talk as well as kalb have suppressed and refused to report was that one of the first acts that jacques roy's brother, state representative chris roy, jr. did after being sworn into office in january 2008 was to award a lucrative tulane legislative scholarship to sam sansing's daughter.

    so yeah the whole matter needs investigating. in louisiana though the only group that does public corruption investigations much less prosecutions are the feds.
    ====

    EXTERNAL LINK

    10 December 2009

    judge drell to cleco: motion to dismiss is hereby denied

    city of alexandria v cleco corp et al
    click here to download 38 page .pdf [1.74 mb]

    today united states federal district court judge dee drell signed a thirty-eight page ruling and order in the city of alexandria's cleco fraud suit. the court gave extensive reasoning for its ruling.

    after reviewing the background of the case the court turned its attention to the motion at hand which turned on frcp 12(b)(6) "failure to state a claim upon which relief can be granted."

    judge drell then went on to show how that was not so and that alexandria has shown that it probably could at least put on a case if given the chance.

    the court went all through cleco's arguments for dismissal. starting with the filed rate doctrine, which is what cleco based their argument on that ferc (federal energy regulatory commission) has the jurisdiction over the case instead of the court.

    the court also noted that "ferc does not consider its own exclusive jurisdiction to extend to contract disputes, and indeed, would likely not assert primary jurisdiction over claims which amount to ordinary breach of contract claims."
    ====
    interesting quote from page thirteen

    next the court denied cleco's backup arguments to dismiss. which were the doctrine of federal premption and the other the doctrine of conflict preemption.

    then the court -- just to be nice, went through all nine counts as they related to the courts reasoning in denying the motion.

    on page fifteen the court reveals that "the city basically concedes that the rates themselves, as opposed to cleco's conduct, were reasonable." now thats a very interesting observation. we wonder why the media never reported this tidbit?

    even though the court noted that its heard that discovery is still in its early stages when you take everything else it said altogether it doesnt seem that the city has such a strong case as we've been led to believe. it seems that judge drell threw them a bone.

    the court also pointed out that "the extent of some of the city's allegations is simply unclear." and that the evidence is obscure as is any relief that may be granted.

    it seems that the city is saying that it wasnt really over charged that much at all -- its just that cleco were jerks so we want to get paid.

    will the so called audit of the so called cleco overcharges ever be released to the public? notice how the media ever mentions that anymore.
    ====

    EXTERNAL LINK

    06 September 2007

    'alexandria city council tells mayor to stay out of the cleco case'

    at this point we dont know and dont pretend to know whats going on with the mayor and the city council. all we do know for sure is that today around 2:30 pm cdt the alexandria daily town talk posted the following story to its website. then a few minutes later the town talk edited the story and that version can be seen here.

    Alexandria City Council tells mayor to stay out of the Cleco case
    Town Talk staff

    The Alexandria City Council today issued a directive to Mayor Jacques M. Roy to cease and desist all involvement in the Cleco case.

    The council also directed the city’s special counsel attorneys in the Cleco case, John Sharp and Craig Davidson, to file documents re-enrolling attorney Bridgett Brown as counsel in the Cleco case representing the city.

    The city has been involved in a longtime legal dispute with Cleco over allegations that Cleco overcharged the city for electricity.

    The council cited City Charter Section 3-07(8) as giving them the power to order the mayor to stay out of the Cleco case. Section 3 deals with the executive branch of the city and says the mayor shall have the following powers and duties: (8) Perform such other duties as are specified in this charter or may be required by the council.

    The council also directed that upon her re-enrollment, Brown should dismiss her petition for intervention and sign all necessary documents, including but not limited to the standing protective order.

    The council issued the directive immediately following a special executive session today.
    --END--

    ====
    city council directives

    click here to download two page .pdf
    ====




    kalb's version
    ====


    klax version
    ====
    related posts
  • city of alexandria v cleco lawsuit pleadings
  • ====

    29 January 2008

    harold chambers to get $75,000 per year city contract

    click here to download six page .pdf

    according to the town talk (see link) former alexandria mayoral chief of staff harold chambers is set to get a big "consulting" contract from the city of alexandria, la.

    town talk excerpt:
    "Chambers, who was chief of staff was fired by then-Mayor Ned Randolph in September 2005. Chambers' dismissal came after he called Cleco officials following a city executive session in which two former Cleco employees accused the utility company of defrauding Alexandria..."
    so lets see if we can get this right...heres a guy, mr. chambers, who was the then mayors chief of staff. the city had an executive session which is a private, non-public session in which they supposedly learned that cleco had been overbilling the city to the tune of millions of dollars...so mr. chambers called cleco to let them know what was discussed in the private, secret executive session.

    now there is a lawsuit, in federal court no less and still on going, where the city is suing cleco for among a litany of other things including "intending to cause economic damage to the city while benefiting cleco." now, amazingly, the city wants to hire the guy who ratted them out to cleco to be a consultant and the person who is pushing this idea is non other than charles frederick "droopy-draws" smith. you think there isnt some (no pun intended) blackmail going on?

    EXTERNAL LINK

    02 February 2009

    bridgett brown's latest petition offers a glimpse into how organized crime gangs operate in central louisiana

    UPDATE: unethical alexandria, la. attorney greg aymond, in full damage control mode, attacked this post from his blog. however, the discerning reader should note, that he did not deny what we wrote either. - at least in the version that we saw.

    ====
    this is some fine reading. its always interesting and informative when rival crime gangs have a go at it. at least in this instance they are using words instead of bullets.

    click here to download 19 page .pdf [73kb]

    excerpts:
    Sometime in 2005, at the dedication of the police memorial for fallen Police Officers, Chris Roy Sr. approached Kelvin Sanders and stated that the City did not need to hire their own lawyers to represent it in the CLECO controversy that "they" could represent the City and Sanders responded that would be inappropriate "that a first year law student could see through the conflict."

    The City then hired Intervenor [bridgett brown] along with Attorney John Sharp, Attorney Craig Davidson and Phillip Hunter in a contingency contract that stated that Intervenor would receive ten (10%) percent; John Sharp ten (10%) percent; Craig Davidson ten (10 %) percent; and Phillip Hunter five (5%) percent, of any over billings recovered.

    In the spring and summer of 2006 on three different occasions [jacques] Roy and Chris Roy Sr. who represented [samuel] Sansing contacted Intervenor and tried to pressure her into withdrawing from the case so that EMS [EMS is owned by David Pugh and employed Samuel Sansing who are former employees of CLECO] could increase its percentage of fees and on at least one occasion during the same period Roy and Chris Roy Sr. personally visited Intervenor to pressure her to give up her contract so EMS could increase the amount of its fees in its new contract, and Intervenor refused.

    Sometime in 2006 Attorney Michael Johnson who represented David Pugh came to see Intervenor and tried to pressure her into withdrawing from the case so that EMS could increase the amount of its fees in its new contract, and Intervenor refused.

    wst... note: this paragraph resonates with us -- we made some posts critical of the city of alexandria renewing its channel 4 and city website management agreement with kja communications group, which is owned by david pugh.

    mr. pugh contacted his attorney, michael johnson, who in turn contacted his good friend, unethical alexandria, la. attorney greg aymond, who in turn contacted us, attempting to pressure and intimidate us into retracting our post(s) and then to unequivocally support the kja contract renewal.

    we told mr. aymond to go jump in the lake; that we are not interested in being a part of, or working with, the criminal network.

    as a result, mr. aymond began to attack us from his blog and stepped up his attacks when it was revealed exclusively from this blog that alexandria, la. mayor jacques roy's brother, state representative chris roy, jr., awarded a tulane legislative scholarship to the daughter of samuel sansing.

    it's unknown what, if any, consideration mr. aymond received then or has or is receiving in his attempts to subvert and propagandize the local blogosphere.

    Intervenor believes that sometimes in the spring and summer of 2006 Roy, Chris Roy Sr., and Michael Johnson went to Phillip Hunter and pressured him to withdraw from the case in which he did,

    As a result of Phillip Hunters withdrawal from the case, the City approved the new EMS contract at twenty (20%) rather than the original fifteen (15%) percent it was scheduled to receive.

    Sometimes in October 2006, while Jacques Roy was in involved in a special election for Mayor of Alexandria, Roy, Pugh, Sansing, Attorney Aaron Siebeneicher, Intervenor, John Sharp, and City Attorney Kelvin Sanders, Craig Davidson and David Pugh met to discuss how much money EMS believed that CLECO owed the city and at that meeting Kelvin Sanders again expressed to Roy that if he won the mayor’s race, he would have a conflict and should not participate in the CLECO case.

    Sometime in December of 2006 [mayor roy was sworn into office on 04 december 2006] Roy in a meeting in which Sanders was present, indicated that he was setting Notice of Deposition of Board members of CLECO in the CLECO vs. Sam Sansing, et al and Sanders again warned Roy that he should not be participating in either the City Of Alexandria vs. CLECO and CLECO vs. Sam Sansing, et al.

    At all times after his election Roy continually acted as the City of Alexandria lead attorney in City of Alexandria vs. CLECO directing all discussions and legal tactics.

    Sometime in early March of 2007 Intervenor received a phone call from Tommy Antoon who stated he was calling on behalf to the Mayor and told Intervenor that if she would not fight her removal from the case and “send her resume”, she would receive city legal work. Intervenor declined the offer.

    wst... note: this might have been one of the phone calls ms. brown was referring to in her 13 march 2007, address to the city council, when she said "i've gotten calls from several people in the last two weeks, explaining to me that 'dont worry you'll get an hourly wage and you'll get a couple of hundred dollars for the work that you've done.'"

    Sometime in March of 2007, Intervenor, City Attorney Charles Johnson, Attorney Kelvin Sanders, Malcolm Larvardain and Attorney Edward Larvadain, Jr., met for lunch and at that meeting, Johnson informed Intervenor that Roy was acting as the City Attorney in this case and that even he was not allowed to “touch it” and that no African-American lawyers would make any money out of this case and that Intervenor would not receive her contingency fee because it should have gone to EMS.

    wst... note: this is perhaps the most fascinating paragraph in ms. brown's amended petition. a preceding paragraph --paragraph 36, (see also paragraph 39) of the petition states that ms. brown was terminated by the city attorney, mr. johnson, by letter she received on 28 february 2007.

    now here it is less than a month later and she is having lunch with him? how many people have lunch with someone who just terminated their employment, especially under such contentious circumstances?

    also is ms. brown suggesting that mr. johnson while lamenting that "no african-american lawyers would make any money" out of the case was leaking information to her and others? is ms. brown suggesting that city attorney johnson was violating the protective order that issued on 19 january 2006?

    additionally, in that 13 march 2007, city council meeting, ms. brown addressed the council and made her argument that she was still in the cleco case. the city attorney, mr. johnson, in his response to ms. brown's statement said that "very little of it was true factually, very little of it was accurate legally." ms. brown also played "the race card" and was called on it by city attorney, johnson. looking back at the meeting now, we wonder if what we were really witnessing was a dog and pony show.

    During the mediation Council members had to separate Roy and John Sharp who were arguing, Sharp rebuked Roy for participating in the mediation as he had a conflict, however, Roy ignored Sharp’s recommendation and according to the Alexandria Town Talk:

    wst... note: this paragraph doesnt make any sense because the preceding paragraph, paragraph 42, says in part that, "no council member were allowed to participate in the mediation." the mediation was held on 26 and 27 march 2007 and around six months later, on 06 september 2007, the city council issued a cryptic statement at mayor roy directing him to cease and desist all involvement in the cleco case.
    what needs to be done here is a complete investigation of this case by some outside, non-local and non-louisiana state, agency.

    at this point, how can any alexandrian, after witnessing all these back-and-forth lawsuits, allegations, bizarre behavior and so forth, really believe that the cleco case has been handled in an honest and forthright manner by all party's involved without all the party's being first subjected to some sort of independent investigation verification?