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Stockman’s trial set to start

Get ready.

Best newspaper graphic ever

Former U.S. Congressman Steve Stockman stood before a federal judge in a mostly empty Houston courtroom Friday and confirmed he wants a jury to decide if he diverted nearly $1.25 million in charitable donations intended for conservative organizations.

Chief U.S. District Judge Lee H. Rosenthal first determined that he had not entered into plea negotiations with federal prosecutors, and then asked, “Mr. Stockman, I assume you want to go to trial?”

“Yes, your honor,” he replied.

Stockman, whose trial is now set for March 19, has been free on $25,000 unsecured bond. The judge made a point to insist that he be present in court for the entire proceeding. He assured her he would.


Defense attorney Sean Buckley said his client is confident and he’s ready to address and refute the allegations.

“As they always say, there are two sides to every story and there are most certainly two sides to this one,” Buckley said.

Buckley said he plans to argue that the two aides pleaded guilty to better their own situations, not because they or Stockman are guilty or did anything wrong.

See here for some background. The aides in question are Jason Posey and Thomas Dodd, both of whom have already taken pleas. Stockman’s trial was supposed to have started in January, after having been delayed from June of last year. This time it looks like it may finally get going. I can’t wait.

Just so we’re clear, Sen. Carlos Uresti needs to resign

Any time soon works for me.

Sen. Carlos Uresti

Last Thursday, a jury convicted Uresti, who represents Senate District 19, on 11 felony counts, including fraud and money laundering, for his work with a defunct frac-sand company. In addition, he has a separate public-corruption case hanging over him.

Uresti has been stripped of his Senate committee assignments and ostracized by his fellow Senate Democrats. He’s stranded on an island, both legally and politically.

Uresti is evaluating his options at the moment, but it seems all but inevitable that he will step down from the Senate this year.

Even though he is legally entitled to keep his seat while he navigates his way through the appeals process, no constituent deserves to be represented by a lawmaker who is behind bars (as Uresti is likely to be after his scheduled sentencing in June).

In the coming months, he will surely feel pressure from Democratic Party leadership, who don’t want to see a potential blue-wave election hampered by the stench of corruption.


State Rep. Roland Gutierrez, D-San Antonio, has been open about his ambitions for the seat. In a sense, Gutierrez has been campaigning for it since federal agents raided Uresti’s law office a year ago.

Former Congressman Pete Gallego also has privately indicated to friends that he wants the seat, according to multiple sources. He also has been turning up over the past few days at San Antonio political events.


Political buzz in Senate District 19 also has surrounded City Councilman Rey Saldaña — who will be term-limited out of the council next year — and state Rep. Phil Cortez.

See here for the background. I sure hope he’ll conclude that he needs to step down, and the sooner the better. We need to get his successor into office, and doing so in time for the next session in January would be nice. I don’t have any particular preference for any of the potential candidates named in this story, but given the other issues surrounding Uresti, maybe – hear me out now – we could find a lady candidate to rally around. Just a thought.

Sen. Uresti convicted on fraud charges

Time to resign.

Sen. Carlos Uresti

The courtroom was silent and thick with anxiety Thursday morning as the judge’s deputy read the verdicts: “Guilty,” “guilty,” “guilty” — 11 times over, and on all felony counts.

State Sen. Carlos Uresti sat stone-faced, his gaze directed at the deputy, as he heard the ruling that throws into question his two-decade career in the Texas Legislature and opens up the possibility more than a century in federal prison and millions of dollars in fines.

If upheld on appeal, the 11 felony charges — including multiple counts of fraud and money laundering — would render the San Antonio Democrat ineligible to continue serving as a state legislator. Uresti, an attorney by trade, would also be disbarred.

Uresti has no immediate plans to step down from his seat in the state Senate, he said minutes after the verdict. And he will “absolutely” appeal the jury’s decision.


There were no calls for resignation among state lawmakers immediately after the verdict, but Texas Democrats issued an immediate rebuke of the senator Thursday morning, saying “no one is ever above the law.”

“After being found guilty of such serious crimes, Senator Uresti must seriously consider whether he can serve his constituents,” Texas Democratic Party Communications Director Tariq Thowfeek said.

And state Rep. Roland Gutierrez, another San Antonio Democrat, said that elected officials are “held to a higher standard.”

“Over the next few weeks we need to have a serious discussion as constituents and taxpayers about how we move forward and turn the page,” he said. Gutierrez, whose district overlaps with Uresti’s, could be eyeing the senator’s seat.

See here and here for some background. You can have that “serious discussion” about moving forward and turning the page if you want, but it should happen in conjunction with Sen. Uresti resigning, which frankly he should have done months ago, for other reasons. As such, I’m glad to see this.

“In light of today’s jury conviction of Sen. Carlos Uresti, the Texas Senate Democratic Caucus is calling upon Sen. Uresti to resign his position,” caucus chair Sen. José Rodriguez said in a statement.


“Voters in this time and age want people who have at least so far [demonstrated] good judgements,” said Leticia Van De Putte, former Democratic senator for Texas’ District 26. “All I know is that if the defense is ‘Well I didn’t know this was wrong,’ it’s very difficult to go back and ask people to vote for you.”

[SMU political science professor Cal] Jillson agreed: “He might find that his political career is ended because of this, and it will provide political opportunities for others.”

Van de Putte served in the Texas Senate from 1999 to 2015, overlapping nine years with Uresti, who won his senate seat in 2006.

“I’m heartbroken at the situation,” said Van de Putte, who later co-founded a consulting firm. “I know Sen. Uresti … has been an amazing champion for abused children. I worked with him on a number of efforts, he’s done great work in the Legislature.

“No one will remember all the great work he did. They’ll remember this case.”


State Rep. Roland Gutierrez (D-San Antonio) released a statement Thursday, saying elected officials are “held to a higher trust” and that constituents and taxpayers would have to “move forward and turn the page.”

Political analyst Harold Cook, who has worked in the Texas House of Representatives and as an advisor to Democrats in the Texas Senate, said Gutierrez’s tone implies he’s vying for Uresti’s seat.

“This is what I would have written for somebody [who is] already going to be a candidate,” Cook told the Rivard Report. “Senate districts don’t come up often and they’re not open often.”

District 19 is one of the biggest senate districts in the country, Cook said. “There are a lot of Democrats holding office in those counties [who] would love to be state senator.”

There are others mentioned the story, and I’m sure the list will be long when and if it comes to it. But first, we need Uresti to resign. Step down now, so we can get someone else in place as soon as possible and so we don’t face the prospect of not just one but TWO incumbent legislators going to jail, perhaps during the next session. Among the many things that I hope we’ve learned from the #MeToo movement is the concept that no one is so important or accomplished that they must be shielded from being held accountable from their actions. Please do the right thing here, Senator. The Current and the Rivard Report have more.

Harris County could use a bit of cybersecurity training


On Sept. 21, not three weeks after Houston was ravaged by Hurricane Harvey, the Harris County auditor’s office received an email from someone named Fiona Chambers who presented herself as an accountant with D&W Contractors, Inc.

The contractor was repairing a Harvey-damaged parking lot, cleaning up debris and building a road for the county, and wanted to be paid. Chambers asked if the county could deposit $888,000 into the contractor’s new bank account.

“If we can get the form and voided check back to you today would it be updated in time for our payment?” read a Sept. 25 email from Chambers.

On Oct. 12, Harris County sent the money out. The next day, the county quietly was scrambling to get it back, after being alerted that the account did not belong to D&W, that Chambers did not exist and that county employees had been duped by a fraudster.

The county recouped the payment, but the ongoing investigation into who tried to take the county’s money and nearly got away with it has ignited a debate over the financial security and cyber security of the third-largest county in America. That debate comes as experts point to a growing number of increasingly sophisticated attackers from around the world, homing in on untrained employees or system vulnerabilities.

The incident now has become wrapped into an FBI investigation into a group that has attempted to extort local governments around the world, law enforcement officials said.

Meanwhile, some officials are moving to revamp their practices as others say further scrutiny of county defenses is necessary.

There’s a lot going on here, and a lot of room for process improvement. The county can provide training to employees to better recognize phishing attempts, and send out test emails to ensure that the training took hold. Extra checks and verifications, like pre-screening vendors an maintaining a list of approved vendors, can be put into place before any payments are made. Keeping on top of threat intelligence, to know what the new scams are that are going around, and ensuring that the email system and the proxy servers recognize junk mail and malicious websites. Cybersecurity is a process, and it contains multiple layers. The fact that the county almost got scammed is in itself not a great shame – it does happen, to many organization – but only if the opportunity to learn and improve from it is fully embraced.

Stockman aide takes a plea

The walls are closing in.

Best newspaper graphic ever

A longtime confidant and aide to former U.S. Rep. Steve Stockman pleaded guilty to Wednesday to fraud charges in a corruption scheme that also targeted the former congressman. The alleged scheme involved diverting hundreds of thousands of dollars — meant as contributions from conservative foundations — to fund political campaigns and cover personal expenses.

Jason T. Posey, a former campaign treasurer for Stockman, pleaded guilty before Chief U.S. District Judge Lee Rosenthal to one count each of wire fraud, mail fraud and money laundering. The government will presumably dismiss nearly a dozen additional charges and seek a reduced sentence if Posey agrees to cooperate with the government at Stockman’s trial.
He faces up to 45 years in federal prison and a fine of more than $4.8 million plus hundred of thousands of dollars in restitution, Rosenthal said. She set sentencing for Mar. 29.

He remains free on bond.

“My guy was a player, but he’s not the only player involved,” said Posey’s lawyer Phil Hilder. He accepted responsibility for his misdeeds and is prepared to cooperate, Hilder said.


[Stockman defense attorney Sean] Buckley said this week he believes that Posey and Dodd operated outside of Washington, D.C., on various political and non-profit projects that Stockman knew little about. The defense attorney contends his client trusted the pair to use contributions they received for the proper purposes.

“I will say that the evidence will show that Steve Stockman did not defraud any donors. He spent the funds in a way that he thought were in furthered the donors’ intentions. To the extent that (funds were diverted) he was either unaware of it or he misunderstood it,” Buckley said.

Stockman has said told the court he is innocent and a victim of a deep state conspiracy.

Buckley said he expects Posey to provide information against his former boss and mentor. Dodd has already pleaded guilty to two related conspiracy charges and has agreed to cooperate with prosecutors.

Hilder, who represents Posey, said, “I do not know what a ‘deep state conspiracy’ is, but I do know what constitutes a criminal conspiracy.”

“Mr. Posey freely and voluntarily admits being involved in criminal activity that is the subject of the indictment,” he said. “By pleading guilty at this stage of the proceedings, Mr. Posey accepts his responsibility for his misdeeds and seeks to move forward becoming a productive member of society.”

See here for a good overview of this saga. Jason Posey returned to the US from abroad back in May, and I presume has been talking to the feds for some time. Another former Stockman aide, Thomas Dodd, pleaded guilty in March to two related conspiracy charges and has already agreed to testify. The trial, originally set for September, will begin January 29. Get your popcorn ready, this is going to be amazing.

Public Works Director Sreerama is out

From the inbox, a Friday afternoon special:

Statement by Mayor Sylvester Turner on city Public Works and Engineering director

“Karun Sreerama has accomplished much in Houston as a businessman and involved citizen. I am sure he will continue to be an asset to our community. However he and I have agreed that it would be best for the city for him to step down as director of the city Public Works and Engineering Department.

“Carol Haddock will continue to serve as acting director until I choose a new director.”

See here and here for the background. This followed in the wake of a Chron story that gave a lot more detail.

According to a transcript released Thursday in the case against Oliver, Sreerama allegedly paid the HCC trustee about $12,000 in cash and Visa gift cards between June 2015 and February 2016 in exchange for Oliver’s influence over HCC contracts.

Oliver pleaded guilty to bribery in connection with accepting the more recent payments totaling $12,000, court records show, and in exchange the acting U.S. attorney agreed to dismiss the separate extortion charge tied to Sreerama’s earlier payments totaling $77,143.

Sreerama’s attorney Chip Lewis said federal authorities directed Sreerama to pay Oliver the $12,000 in 2015 and 2016 after confronting Sreerama about his earlier, independent payments to the trustee.

“What he was doing was created, directed and funded by the FBI,” Lewis said. “Karun was a cooperating witness as a result of being a victim of Oliver’s scheme.”


Sreerama, identified as “K.S.” in Oliver’s indictment and re-arraignment transcript, wrote three checks to Oliver between late 2010 and mid-2013 in response to the trustee’s solicitations, Lewis said.

As Lewis described the payments, the first two were made because Oliver claimed he was going through a costly divorce, and then claimed he needed funds to complete the process of adopting a child. Both payments were presented as loans and were not repaid. The third payment took the form of an exorbitant fee Oliver charged after his company cleaned the parking lot at Sreerama’s business.

“By the time we get to the third payment and he hadn’t been repaid the loans, Karun became worried that saying, ‘No, no I’ve got somebody who already does the cleaning, etc.’ could adversely affect his position down the road,” Lewis said.

Federal authorities confronted Sreerama in March 2015, a year and a half after he made that final payment, and asked for his cooperation in their investigation, Lewis said.

Two months later – at the FBI’s behest, Lewis said – Sreerama began a series of meetings with Oliver that lasted through May 2016.

The FBI declined to comment to the Chron, so we just have attorney Lewis’ word for all of this, which is also the reason why Sreerama was apparently unable to tell the Mayor about it. I’d still like to hear Sreerama say in his own words why he did what he did, but it seems unlikely that will ever happen. I do hope there are no more shoes to drop. Whatever the case, this was the right outcome.

Former Stockman aide returns to US

The gang’s all here.

Best newspaper graphic ever

Federal agents quietly arrested Jason Posey, a former congressional aide who’d been wanted for two months on charges that he helped ex-U.S. Rep. Steve Stockman carry out a criminal conspiracy to bilk millionaire donors, violate elections laws, and illegally divert hundreds of thousands in campaign cash.

Posey and Stockman were both indicted March 28 on 28 federal charges including mail and wire fraud, conspiracy, making false statements to the Federal Elections Commission, excessive campaign contributions and money laundering.

Stockman was arrested at the airport on his way out of the country by federal agents. But it appears government agents spent weeks negotiating with Posey – who’d been living abroad in the Middle East for more than two years.

Posey voluntarily returned to Houston to turn himself in on May 23, according to Philip Hilder, a Houston lawyer appointed to represent Posey.

“He voluntarily came back to the United States to face the allegations levied against him,” said Hilder, who is known for his work representing whistle-blowers and other witnesses and defendants in high-profile white-collar crime cases, including Enron.

In his recent federal court appearance, Posey pleaded not guilty to all 28 charges, according to federal court records. Stockman also pleaded not guilty.


Another former Stockman aide, Thomas Dodd, pleaded guilty in March to two related conspiracy charges and has agreed to cooperate with prosecutors.

But in indictments, prosecutors describe Posey as Stockman’s primary accomplice . State and county business filings show that Posey set up some of the companies that federal prosecutors say were used to divert campaign contributions through suburban Houston post office boxes and an array of bank accounts.

See here for the background. As noted in that earlier post, Posey has been a close associate of Stockman’s for a long time. I can’t wait for this trial to get underway.

Maybe we should be a little more concerned about election security?

Just a thought.

Russia’s cyberattack on the U.S. electoral system before Donald Trump’s election was far more widespread than has been publicly revealed, including incursions into voter databases and software systems in almost twice as many states as previously reported.

In Illinois, investigators found evidence that cyber intruders tried to delete or alter voter data. The hackers accessed software designed to be used by poll workers on Election Day, and in at least one state accessed a campaign finance database. Details of the wave of attacks, in the summer and fall of 2016, were provided by three people with direct knowledge of the U.S. investigation into the matter. In all, the Russian hackers hit systems in a total of 39 states, one of them said.

The scope and sophistication so concerned Obama administration officials that they took an unprecedented step — complaining directly to Moscow over a modern-day “red phone.” In October, two of the people said, the White House contacted the Kremlin on the back channel to offer detailed documents of what it said was Russia’s role in election meddling and to warn that the attacks risked setting off a broader conflict.

The new details, buttressed by a classified National Security Agency document recently disclosed by the Intercept, show the scope of alleged hacking that federal investigators are scrutinizing as they look into whether Trump campaign officials may have colluded in the efforts. But they also paint a worrisome picture for future elections: The newest portrayal of potentially deep vulnerabilities in the U.S.’s patchwork of voting technologies comes less than a week after former FBI Director James Comey warned Congress that Moscow isn’t done meddling.

“They’re coming after America,” Comey told the Senate Intelligence Committee investigating Russian interference in the election. “They will be back.”


One of the mysteries about the 2016 presidential election is why Russian intelligence, after gaining access to state and local systems, didn’t try to disrupt the vote. One possibility is that the American warning was effective. Another former senior U.S. official, who asked for anonymity to discuss the classified U.S. probe into pre-election hacking, said a more likely explanation is that several months of hacking failed to give the attackers the access they needed to master America’s disparate voting systems spread across more than 7,000 local jurisdictions.

Such operations need not change votes to be effective. In fact, the Obama administration believed that the Russians were possibly preparing to delete voter registration information or slow vote tallying in order to undermine confidence in the election. That effort went far beyond the carefully timed release of private communications by individuals and parties.

One former senior U.S. official expressed concern that the Russians now have three years to build on their knowledge of U.S. voting systems before the next presidential election, and there is every reason to believe they will use what they have learned in future attacks.

To put this another way, you don’t have to hack voting machines to wreak havoc on our elections. Simply undermining confidence in the process is enough. And unfortunately, Republicans like Mitch McConnell were not at all interested in any of this last year, so don’t hold out hope that they will want to take action about it for next time. There’s a lot of work to be done to fix this mess. Daily Kos and Chalie Pierce have more.

Cornyn withdraws from consideration to succeed Comey

It was fun while it lasted.

Big John Cornyn

John Cornyn withdrew from consideration to be the next FBI director on Tuesday, saying the “best way I can serve is continuing to fight for a conservative agenda in the U.S. Senate.”

“Now more than ever the country needs a well-credentialed, independent FBI director,” he said in a statement. “I’ve informed the administration that I’m committed to helping them find such an individual.”

Cornyn was in serious contention to replace ousted FBI director James Comey, setting off a scramble and speculation around the state over who might succeed him in the U.S. Senate.

See here and here for the background. I can’t say this comes as a surprise. In a different time it might have made sense, but given everything that’s going on now, the only winning move is not to play. It would have been nice to have had more time to indulge in wild speculation about who might get appointed and who might run for that seat, but all good things must come to an end. RG Ratcliffe has more.

Sen. Carlos Uresti indicted on federal fraud charges

Very bad.

Sen. Carlos Uresti

State Sen. Carlos Uresti, accused of misleading a former client who invested in a company in which Uresti has a financial stake, was indicted by a federal grand jury on 11 charges over his involvement in the alleged investment Ponzi scheme — in addition to a separate indictment alleging bribery.

In the first indictment, the federal grand jury charged Uresti, a San Antonio Democrat, with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering. The indictment also charges Uresti with five substantive counts of wire fraud; two counts of securities fraud; one count of engaging in monetary transactions with property derived from specified unlawful activity; and one count of being an unregistered securities broker.

A separate indictment centered on a contract to provide medical services to a correctional facility in West Texas. That indictment alleges that a colleague of Uresti’s, Vernon C. Farthing III, paid Uresti $10,000 per month as a marketing consultant and that half of the money was given to a Reeves County official to win over his vote to award the contract to Farthing’s company — the culmination of a 10-year scheme involving bribery and money laundering.


A lengthy investigation published by the Express-News in August first detailed Uresti’s involvement in the company and fraud allegations it faces.

Three months later, Uresti coasted to re-election, winning his San Antonio seat with 56 percent of the vote against Republican and Libertarian challengers. Uresti is among the Legislature’s most powerful Democrats. He is vice chair of the Health and Human Services committee and sits on three other high-profile committees: Finance, Education and Veteran Affairs & Border Security.

In February, the FBI and IRS raided Uresti’s law office. In a statement at the time, the senator said he was cooperating with federal agents as they were “reviewing our documents as part of their broad investigation of the FourWinds matter.”

FourWinds’ purported intent was to buy sand and sell it at a markup to oil and gas companies, but some investors have accused the company’s leadership of misrepresenting its financial health and spending their money on frivolous, personal expenses. It now faces millions of dollars in claims from investors and other companies.

Denise Cantu, whom Uresti represented in a wrongful-death case, said she lost most of the $900,000 she invested in the now-bankrupt company in 2014 at the suggestion of Uresti, according to the Express-News. She has said she was not initially aware that Uresti would get a piece of her investment, though Uresti has suggested otherwise.

With allegations of serious financial mismanagement detailed in bankruptcy court, the FBI last year opened an investigation into FourWinds, the Express-News reported. In August, Uresti told the paper that he was a “witness” in that investigation but not its target.

See here for some background, and read the rest fore more. As with Ken Paxton, I will not call for Sen. Uresti to resign at this time, as they are both still innocent in the eyes of the law. Unlike Paxton, Uresti is not on the ballot again until 2020, so he (in theory, at least) has the time to dispose of this before he has to face the voters again. That’s assuming he gets acquitted or the charges get dropped. As with other legislators who face legal troubles, I’d encourage Sen. Uresti to prioritize getting his personal affairs in order by stepping down from his office, after the session is over. Whether he does or he doesn’t, there are several State Reps in Bexar County who I think would do a fine job in that office. I wish him luck, but I also wish he’ll listen to what I’m saying. The Current has more.

Cornyn’s colleagues cool to him as FBI Director

Boy, with friends like these

Big John Cornyn

There is a growing obstacle standing in the way of Sen. John Cornyn, R-Texas, becoming the next director of the FBI — his own Republican colleagues.

Led by Majority Leader Mitch McConnell, R-Kentucky, a chorus of GOP senators has signaled that they would prefer President Trump to nominate somebody other than the second-ranking ­Republican senator, despite his status as a well-liked and influential figure on Capitol Hill.

Their message: It’s nothing personal. But if Trump were to nominate Cornyn, who has shown interest in the job, it would trigger a raft of consequences that could be detrimental to McConnell and the broader GOP agenda.

Sen. Thom Tillis, R-North Carolina, offered a response that was common among Republican senators Monday, praising Cornyn’s qualifications before adding: “I’d hate to lose him.”

“My own selfish thing would be to say, ‘Oh, he’s a terrible person — don’t do it,’ ” Tillis quipped.

Senate Republicans are hoping Trump takes their concerns into consideration as he zeros in on his choice. The president said Monday that his search was “moving rapidly.” McConnell predicted that Trump would make an appointment “in a week or so.”


Among other concerns, some fear that nominating a top political leader would roil a confirmation process in which Democrats are already emboldened to cry foul over former director James B. Comey’s abrupt firing. Since Trump’s inauguration, Cornyn has been a loyal defender of the president — including on the Senate Judiciary and Intelligence committees, which have been looking at the Trump campaign’s ties to Russia.

“I told him I thought he’d be a good FBI director under normal circumstances,” Sen. Lindsey Graham, R-South Carolina, said in an interview. “But I think the politics of this is just — he gets it. He’d be an outstanding FBI director. But I just, quite frankly, think that last week made it tough.”

Sen. Tim Scott, R-South Carolina, said there is a need now for “someone who can lead us in the direction we need to go, and that doesn’t eliminate partisan folks, but there’s no question that the country seems to be — to find more confidence and credibility in someone who’s probably not involved in partisan politics.”

See here and here for the background. Can’t imagine why the Republicans might be a wee bit concerned about the politics of this, but I’m sure they’ll figure out what their story is. In a sense, it doesn’t matter who Trump picks. Left to his own devices, he will either pick a toady or someone who will be forced to tarnish his own reputation in the service of his new lord and master. (And yes, it will be a dude. Donald Trump does not put the ladies into positions of real power.) In addition, whoever Trump picks will and should cause Senate Democrats to shut the place down until he pledges to continue the Russia investigation that Comey started, with the increase in resources that Comey had asked for just before getting canned. Basically, there’s no acceptable candidates that Trump himself might be willing to appoint. (No, Merrick Garland doesn’t count – the only reason he’s being mentioned is one part troll job, and one part to get a vacancy on the DC Court of Appeals. No thanks.)

So anyway, I get where the Republicans are coming from on this, and that’s before factoring into the equation the possibility, no matter how slim, that a Democrat could win the seat in a special election. There’s no upside here. If I were advising someone with a role in this, I’d say just elevate the top deputy director, who is now serving as the acting director, and be done with it. Which Trump won’t do because the guy won’t swear personal loyalty to the toddler king, but that’s their problem. Have fun with it, fellas.

Cornyn on shortlist to replace Comey


Big John Cornyn

U.S. Sen. John Cornyn is on the short list to succeed James Comey as FBI director, according to a White House official.

Cornyn is one of about 11 contenders for the post, according to Fox News.

He has strong relationships with members of his conference and would likely sail through confirmation. Prior to his election to the Senate in 2002, Cornyn served as Texas attorney general, a Texas Supreme Court justice and a local judge.

In the immediate aftermath of Comey’s firing, Cornyn did not take the opportunity to lobby for the position.

“I’m happy serving my state and my country,” he told reporters off the Senate floor.

But that comment came Wednesday, which was a lifetime ago during a dramatic week in Washington.


A Senate vacancy could make for dramatic change in the state’s political pecking order.

Gov. Greg Abbott would be tasked with a short-term appointment, but several months later the state would hold a special election to finish the duration of the term, which ends in 2021.

When Lloyd Bentsen resigned from the U.S. Senate to become Treasury Secretary in 1993, Gov. Ann Richards appointed former U.S. Rep. Bob Krueger, a Democrat, to hold the post until a special election could be held. That was a noisy affair with two dozen candidates — including a couple of sitting members of Congress at the time — that ended with Texas Treasurer Kay Bailey Hutchison beating Krueger in the special election runoff. She ran successfully for a full term the next year and remained in the U.S. Senate until the end of 2012.

As the story notes, the odds of this happening are quite slim, so anything we say here is highly speculative. But hey, isn’t that what a blog is for? The main thing I would note is the timing of a special election to complete Cornyn’s unexpired term. The special election in 1993 to succeed Lloyd Bentsen took place on May 1, 1993, which was the first uniform election date available after Bentsen resigned and Krueger was appointed. That means a special election to replace Cornyn – again, in the unlikely event this comes to pass – would then be in November of this year, with that person serving through 2020. The good news here is that it means that an elected official who isn’t subject to a resign-to-run law would be able to run for this seat without having to give up the seat they currently hold. I’m sure if we put our heads together, we can think of a sitting member of Congress who might be enticed to jump into such a race.

Two other points to note. One is that, at least according to the story, Abbott is not allowed to appoint himself. It’s not clear to me why that is so – the story references “precedent based in common law, not statute”, so I presume there was a lawsuit or maybe an AG opinion in there somewhere. I know I recall people urging Ann Richards to appoint herself in 1993, but it may be the case that she was not allowed to due to the same precedent. Someone with a more extensive understanding of Texas history will need to clarify here. Point two is that if Abbott names a sitting Republican officeholder, then there would of course be a special election to replace that person, either (most likely) this November for a member of Congress or next year for a statewide official. And yes, Abbott could appoint Dan Patrick, perhaps to take him out of any possible challenge to himself in 2018. Keep that in mind if your first instinct is to cheer a possible Cornyn departure. Like I said, all highly speculative, so have fun batting this around but don’t take any of it too seriously just yet.

Stockman trial delayed


Best newspaper graphic ever

Former U.S. Rep. Steve Stockman’s trial on federal corruption charges has been pushed back to next year.

The trial, originally scheduled to begin June 5, will now kick off on Jan. 29, 2018, according to an order issued Wednesday by Chief U.S. District Judge Lee Rosenthal.

Stockman’s lawyer had requested the delay last week, asking the judge to put off the trial until “at least January 2018.” The motion to push back the trial had been unopposed.

The lawyer, Richard Kuniansky, said he needed more time to review 142,378 pages of evidence, apparently gathered by the government over the past three and a half years. Kuniansky said he may need the help of a forensic accountant and paralegal.

See here for the background. The request is fair enough, as lawyer Kuniansky is new to the case. I think Stockman is guilty, guilty, guilty, but that’s my opinion and the man deserves a fair trial just like anyone else. Let his attorney get up to speed, we can wait till January.

Stockman trial date set

Mark your calendar.

Best newspaper graphic ever

Former U.S. Rep. Steve Stockman is set to go to trial June 5 on federal corruption charges.

Stockman, a Houston-area Republican, has pleaded not guilty to charges of funneling hundreds of thousands of dollars in charitable donations to himself and his congressional campaign. He was arraigned Monday.

The trial is expected to last one month, according to a scheduling order filed Tuesday. Pretrial motions are due May 12 and responses two weeks later.


Stockman has cycled through a number of lawyers since his arrest last month. On Thursday, he was given a court-appointed attorney, Richard Kuniansky.

See here for the previous update. How long this actually takes will depend in large part on what happens with the pretrial motions. The Tom DeLay and Ken Paxton sagas were and are as drawn out as they were because the indictments were challenged in the pretrial hearing, and the trial judges’ rulings upholding them were then appealed. I don’t think that will be the case here – there’s nothing so far to suggest that the charges themselves are in any way a stretch – but you never know. If nothing interesting comes out of that, then expect the trial itself to be on the schedule suggested by the story.

Stockman pleads not guilty

And we’re off.

Best newspaper graphic ever

Standing tall, with his hands hanging loosely at his sides, former U.S. Congressman Steve Stockman told a federal magistrate in Houston Monday he understood the criminal charges against him and pleaded not guilty to theft of about $800,000 in charitable donations intended for conservative organizations and associated charges.

Upon Stockman’s request, U.S. Magistrate Judge Nancy Johnson had appointed him a lawyer last week to be paid for by the government until he can land a job. Stockman said he needed to dismiss his hand-picked lawyers because he can’t work while under indictment: His job requires him to travel overseas, which is not permitted under his bond.

Stockman was indicted on 28 federal corruption charges. He said publicly that he expects to be fully vindicated. He is free on bond.

Robert J. Heberle, an attorney from the public integrity division of the Justice Department, told the magistrate Monday he anticipated the trial would last one month and as many as 40 to 50 witnesses could be called for the prosecution. Johnson encouraged the government to whittle down the list. Stockman’s trial is set for June 5 before Chief U.S. District Judge Lee H. Rosenthal for the Southern District of Texas.

Stockman’s new attorney, Richard B. Kuniansky, who defended former accountant Mark Kuhrt in the massive Stanford prosecution several years ago, said after Stockman’s plea that he felt news reports had been unfair in their portrayal of the former lawmaker.

“It’s my understanding that pretty much been a pattern of attack on the character of Mr. Stockman,” Kuniansky said. “We’re looking forward to the truth coming out.”

See here for the background, and here for the pre-hearing version of the story. All I have to add at this point is that I too look forward to the truth coming out.

Steve Stockman claims he’s broke


Best newspaper graphic ever

Former Congressman Steve Stockman told a federal magistrate Wednesday he can’t afford to pay for a lawyer to represent him against allegations he helped steal about $800,000 in charitable donations intended for conservative organizations.

U.S. Magistrate Judge Nancy Johnson agreed to appoint a lawyer for him and postponed a hearing on his case until Friday.

Stockman told the judge he needed to dismiss his hand-picked lawyers from the elite firm of Smyser Kaplan & Veselka and ideally he wanted the court to re-appoint them to the case at the government’s expense. She said she’d consider the request.

He confirmed for the judge details on a disclosure form he’d filled out in front of a roomful of defendants in shackles and jail uniforms, indicating he owned a home, a rental property and two vans.

“But you have no assets?” Johnson asked.

“This is a four-year case,” the former lawmaker said, indicating he’d been paying for legal support on these matters for a long time.

See here and here for some background. I would have asked him “what, you can’t use some of that money you stole to pay your lawyers?”, which is no doubt why I’m not a US Magistrate. Well, that and the lack of a law degree. But seriously, this guy. I don’t know why anyone believes a word he says.

In the meantime, feast on this.

The fact that the former congressman is facing multiple felony counts made national news. But one of the most interesting details in the 46-page Stockman indictment escaped notice: The suggestion that Richard Uihlein, one of the country’s biggest conservative political donors, personally wrote a check for $450,571.65 to mail a fake newspaper called The Conservative News to voters across Texas. The paper, which prosecutors say was part of a Stockman-run, secretly funded operation intended to take down Cornyn, included the dubious claims that Cornyn wanted to ban veterans from having guns, had voted to fund abortion, and was secretly working with Democrats to grant amnesty to illegal immigrants.

Mailing a fake newspaper is not a crime, nor is secretly funding a candidate to do so. Thanks to a series of court decisions now known collectively as Citizens United, billionaires are allowed to fund anonymous attacks as long as they abide by an arcane set of tax and campaign finance rules. And Uihlein, who has given more than $43 million to conservative candidates and super PACs since 2011, is a particularly big fish. He is the chief executive of a family-owned shipping and packing materials company that’s confusingly named “Uline,” which Forbes estimated was worth at least $700 million in 2014. And through his private foundation, Uihlein has given millions more to nonprofits that push a conservative policy agenda and train a new generation of political operatives to sell it.

It’s not clear what, if anything, Uihlein knew about Stockman’s fake-news scheme. He is described as a victim in the Stockman case: Prosecutors say Stockman and his staffers fraudulently diverted hundreds of thousands of dollars Uihlein had donated. Uihlein’s funding of the fake-news operation would likely never have become public had Stockman not gotten tangled up with an FBI investigation — meaning this episode exposes a side of the U.S. campaign finance system we don’t often get to see.


Larry Barry, director of legal affairs at Uline, refused to answer questions about the case, but said in an emailed statement that “we are deeply troubled by the allegations … that certain contributions made in good faith may have been used for unintended personal and political purposes.” Barry referred to Uihlein as “a victim of this alleged misconduct” and said that “we have and will continue to fully cooperate with the Department of Justice in this investigation.”


One of the biggest unanswered questions in the Stockman case is how he apparently fooled Uihlein twice.

Prosecutors say Posey told Uihlein’s accountant in a May 13, 2014, email ― sent two months after Stockman lost the election ― that some of the money that was supposed to be used for Freedom House had gone to delivering medical supplies to “third world” countries. The email, which also included an attached tax exemption letter for Life Without Limits, allegedly constituted wire fraud ― though prosecutors don’t spell out exactly why.

What the documents don’t clear up is why Uihlein would fund Stockman’s direct mail campaign a year after his donation for Freedom House ― especially since it seemed like so little progress had been made on that first project. “You raise a good question, but it’s not one I can talk about today,” said Dane C. Ball, a Houston lawyer defending Stockman.

An answer may be in the offing if the case goes to trial. If that happens, it’s likely Uihlein would be called to testify, said D.C. campaign finance lawyer Brett Kappel.

“Get your popcorn,” he quipped.

There’s not enough popcorn in the world. Also, I am unreasonably amused by the fact that Uline’s director of legal affairs is named “Larry Barry”. I cannot wait for this trial to begin.

A closer look at the Stockman saga

Chron reporter Lise Olson takes a deep dive into the charges against former Congressman and fulltime hot mess Steve Stockman.

Best newspaper graphic ever

Steve Stockman was soon to board a plane for the United Arab Emirates this month when his unorthodox life took a sudden detour. The outspoken two-time former congressman from Houston was met at the airport by federal agents holding an arrest warrant.

In his own colorful campaign literature, Stockman, 60, has portrayed himself as a gun-loving, abortion-hating activist and philanthropist who has used frequent travels abroad to deliver Christian charity and medical supplies to developing nations.

But a 28-count federal indictment handed down Wednesday describes Stockman as the head of a complex criminal conspiracy. It alleges that he and two aides collected $1.2 million from three U.S.-based foundations and individuals, laundered and misspent most of that money, spied on an unnamed opponent, accepted illegal campaign contributions, funneled money through bogus bank accounts and businesses, and failed to pay taxes on his ill-gotten gains.

Some of that money went for trips to try to “secure millions of dollars from African countries and companies operating” in Africa, the indictment says.


Jason Posey, 46, has been described as Stockman’s primary accomplice in the scheme to divert donations through companies linked by federal investigators to suburban Houston post office boxes and an array of bank accounts. He has not been arrested. Thomas Dodd, the other former staffer, pleaded guilty earlier this month to two charges related to the same conspiracy and agreed to testify as part of his plea deal.

The purpose of their conspiracy was “to unlawfully enrich themselves and to fund their political activities by fraudulently soliciting and receiving hundreds of thousands of dollars,” the indictment says.

Prosecutors say Stockman used hundreds of thousands of pilfered funds to pay campaign and credit card debts, to cover personal expenses – and to politically attack Sen. John Cornyn (R-Texas).

Stockman’s long-shot Republican primary against Cornyn was the subject of one the scams outlined in the indictment.

In February 2014, Posey solicited and received a $450,000 charitable contribution from an Illinois-based donor that was supposed to finance 800,000 mailings to Texas voters of a campaign publication resembling a “newspaper.” The mass mailings for the Senate primary were part of what Posey later swore in an affidavit was an entirely “independent election expenditure” that was handled entirely by Posey and not by Stockman, one of the candidates.

Those mailings, made to look like real newspapers, championed Stockman’s candidacy and opposed Cornyn.

Posey received the donation through a company he controlled called the Center for the American Future, but he coordinated the mass mailings directly with Stockman in violation of federal campaign finance laws, the indictment says. Stockman and Posey also sought a partial refund of the mailing costs – $214,718.51 – without the donor’s knowledge and split the money, the indictment says.

Prosecutors allege Posey used the money to pay Stockman’s Senate campaign debts and his own personal expenses, including “airfare on a flight departing the United States.”

See here for the most recent update, and here for a large sample of my Stockman archives. A lot of people have been motivated to get involved in politics this year after the Trump debacle of 2016. It was Steve Stockman who provided my motivation to get more involved in politics, after his upset (and upsetting) Congressional victory in 1994. I’ve noted before that former Congressman Nick Lampson was the first candidate I ever donated to, and the first candidate whose fundraiser I attended, back in 1996. That was at least as much about Stockman as it was about Lampson.

The thing about Stockman is that, all politics aside, he has long acted in a shady manner. Do a search of the Houston Press’ archives for Stockman stories and peruse what they were writing about him during that 1995-96 Congressional term of office (Google on “steve stockman”, for example) to see what I mean. In doing that myself, I came across this little nugget, which shows that the past is never truly past:

The squirrelly adventures of Congressman Steve Stockman’s frat-house band of consultants who call themselves Political Won Stop seem to know no limits. The Hill, a Congress-covering weekly in the nation’s capital, first revealed that Stockman’s re-election campaign had paid more than $126,000 to the consultancy, which is owned by 26-year-old Chris Cupit and 25-year-old Jason Posey and is listed on the congressman’s campaign disclosures as having the same Whitman Way address as Stockman’s combination home and election headquarters just outside Friendswood.

Emphasis mine. The fact that Stockman has had a long association with Jason Posey is not suggestive of anything. The fact that Stockman has been involved in at least two questionable-if-not-actually-illegal ventures with Posey is. Whatever we know now, I feel confident there’s more to be uncovered.

Stockman indicted

And here the troubles begin.

Steve Stockman

Former U.S. Rep. Steve Stockman and a former congressional aide were indicted Tuesday by a federal grand jury on charges they stole hundreds of thousands of dollars from charitable foundations to fund campaigns and pay personal expenses.

Stockman, 60, and his former director of special projects, Jason Posey, 46, were charged with 28 criminal counts, including mail and wire fraud, conspiracy, making false statements to the Federal Election Commission, making excessive campaign contributions and money laundering.

Acting U.S. Attorney Abe Martinez in Houston called the indictment “a very significant case” for the office in a brief statement. “The indictment returned by the grand jury today is a significant case alleging serious violations involving use of official positions for personal gain. Violations of the public trust will not be tolerated,” he said.

The case is being jointly prosecuted by the Southern District of Texas and the Washington DC-based Public Integrity Section.

Stockman also faces a charge of filing a false tax return, and Posey is charged with falsifying a sworn statement to obstruct an investigation by federal elections officials.


Federal investigators say in the indictment that between from May 2010 and October 2014, Stockman brought in about $1.25 million in donations based on false pretenses. He then diverted nearly $285,000 donated to charitable causes to pay for his and Dodd’s personal expenses.

Stockman and Dodd also are accused of receiving $165,000 in charitable donations, which Stockman largely spent to fund his 2012 congressional campaign.

See here, here, and here for the background. Just a thought here, but defending oneself against these kinds of charges is an expensive prospect, and there were questions about how exactly Stockman was supporting himself back when he was in office. I don’t know how he’s going to pay for his lawyers, and I kind of doubt he’s going to be able to raise the money. We’ll see how it goes. The Trib has more.

Stockman’s first day in court

Oh, this is going to be so much fun.

Steve Stockman

Appearing carefree and relaxed with his wife by his side, former U.S. Rep. Steve Stockman told reporters outside a court hearing downtown Friday that he expected “to be vindicated” on allegations that he conspired with staffers to take $775,000 in donations intended for charitable purposes or voter education.

Stockman appeared briefly, in a charcoal suit and tie, before U.S. Magistrate Judge Stephen Smith and put a trio of lawyers from Smyser Kaplan & Veselka, LLP, on record to represent him. The judge set a preliminary hearing on the matter for April 11 before U.S. Magistrate Judge Nancy Johnson.

On the sidewalk outside the federal courthouse, Stockman said he didn’t intend to plead guilty or enter into a plea agreement, adding, “I think ultimately we will be vindicated.”

Stockman’s attorney, Shaun G. Clarke, said he could not comment on the details of the case but he lauded Stockman’s reputation and integrity, while Stockman stood smiling beside him.

“We’ve just met Steve. But a couple of things have become clear — number one, that he’s a man of faith; number two, that he’s a fighter; number three, most of all, that he has tremendous faith in the Constitution of the United States of America,” Clarke said. “Steve has said he is going to fight to clear his name, and we’re going to be there next to him fighting to do it also.”

“We’re here to vindicate an innocent man – Steve Stockman – and that’s what we’re going to do,” he said.”

See here and here for the background. Do yourself a favor and be sure to click on the Chron story link, to see the awesome graphic in that that has Stockman at the center of this bizarre web of PO boxes, shell corporations, and foreign addresses. The only way it could be better is if it were on some paranoid dude’s wall, with push pins and string connecting it all. I’m already visualizing the future documentary on A&E about the Stockman saga, with Bill Kurtis narrating. Don’t let me down, y’all. The Trib has more.

More on the Stockman arrest

I’m just going to leave this here.

Steve Stockman

Former U.S. Rep. Steve Stockman, a Republican whose district stretched from Houston to Beaumont, allegedly conspired with two staffers to bilk conservative foundations out of at least $775,000 in donations meant for charitable purposes or voter education, according to federal court records.

Details of the alleged scam are described in a plea deal signed in Houston by Thomas Dodd, Stockman’s former campaign worker and 2013 congressional special assistant. Dodd pleaded guilty Monday to two counts of conspiracy and has agreed to help authorities build a case against Stockman in return for consideration on his sentencing. The maximum penalty for each charge is 20 years and a fine of up to $250,000.

Stockman was arrested March 16 by a Houston-based FBI agent as he prepared to board a plane to the Middle East, but was released on $25,000 bond after surrendering his passport.

He has been charged with two counts of conspiracy for allegedly colluding with Dodd and another staffer to hide illegal campaign contributions and to divert $350,000 from the Ed Uihlein Family Foundation, based in Lake Forest, Ill. Uihlein had donated funds to renovate a townhouse to be used as a place for congressional interns to gather in Washington D.C. The meeting spot was never created. Dodd’s plea agreement says that he and Stockman also diverted $425,000 from the Rothschild Charitable Foundation and the Rothschild Art Foundation Inc., based in Baltimore.

The Rothschild Foundations donated for charitable purposes and voter education.

Most of the $775,000 in foundation donations was spent on Stockman’s campaign and on credit card bills, according to allegations in Dodd’s plea deal.

Prosecutors claim those illegal acts were part of a larger and more complex scam, court records show. The plea deal outlines a conspiracy among Stockman, Dodd and another staff member that allegedly included two shell companies, bogus campaign contributions, lies to executives at the foundations and a trail of wire and mail fraud.

See here for the background. An earlier story has a copy of the aforementioned plea agreement, which you can see here. This Chron story summarizes the questions that remain about Stockman and his questionable finances, many of which first came up back in 2014. I just want to point out that had Stockman not gotten into his twisted little head to run against John Cornyn in 2014, he’d very likely still be a sitting member of Congress. Funny how these things work.

Steve Stockman gets busted

Well, lookie here.

Steve Stockman

Former U.S. Rep. Steve Stockman, R-Texas, has been charged with violating federal election law.

Stockman conspired with former congressional employees to funnel money intended for a charity to his campaign, according to a sworn statement from an FBI agent unsealed Thursday. He is also accused of making false statements to the Federal Election Commission.

The allegations center on a $350,000 donation Stockman solicited from an unnamed businessman shortly after taking office in 2013, according to the statement. The money was supposed to go to a Las Vegas-based nonprofit called Life Without Limits, but Stockman instead “secretly diverted the funds to pay for a variety of personal expenses and to fund illegal contributions to Stockman’s campaigns for public office,” the statement said.

See here for my extensive Stockman archives. Here’s a longer story from the Chron:

Stockman said after the hearing that he had been targeted for speaking out against the Internal Revenue Service, and cited the right-wing conspiracy theory that contends bureaucrats are secretly running the U.S. government.

“This is part of a deep state that’s continuing to progress,” he said.


In court documents filed with the criminal complaint, the FBI agent said that shortly after Stockman took office for the second time in January 2013, he solicited a $350,000 donation from an unidentified “wealthy businessman” from Chicago on behalf of a Las Vegas-based nonprofit, Life Without Limits, which had been set up to help people through traumatic events.

The donation ostensibly was for renovation of a so-called Freedom House to serve as a meeting and training facility in Washington, D.C. The businessman’s charitable organization issued a check the same day.

Instead of going to the house project, however, the check was deposited six few days later in a Webster bank account set up by Stockman doing business as Life Without Limits – an account that had a balance of only $33.48 at the time, according to the agent.

“Beginning shortly after the $350,000 charitable donation was deposited into his Life Without Limits account, rather than spending the money on the ‘Freedom House,’ Stockman secretly diverted the funds to pay for a variety of personal expenses and to fund illegal contributions to Stockman’s campaigns for public office,” the agent stated.

Records show he made no “significant” contributions toward the renovations and that the Freedom House never opened.

According to the agent, some of the funds were funneled directly into the campaign through “conduit contributors,” who received cash from the Life Without Limits account and then made contributions to Stockman’s campaign.

Outside of court on Friday, Stockman said the amount in dispute is $15,000 – not the $350,000 described in court. He did not explain the higher dollar amount.

He said he has been investigated by at least three grand juries over the past three years after he tried to have Lois Lerner of the IRS arrested for contempt of congress in July 2014.

Earlier this year, the U.S. Supreme Court rejected an appeal from a nonprofit group that wanted to sue Lerner and other individual IRS officials for allegedly harassing tea party groups that applied for tax-exempt status with burdensome scrutiny in 2014.

As trouble follows Steve Stockman like flies follow a garbage truck, Stockman was investigated for ethical issues in 2014, during his one-term return to Congress after winning a multi-candidate primary for the new CD36. By the end of his term, he and three of his staffers had been subpoenaed by a federal grand jury, which is what I presume led to this. There were also investigations by the House Ethics Committee, the Office of Congressional Ethics, and the Federal Elections Commission, which is an impressive amount of activity for one otherwise inconsequential single-term Congressperson. I’ll say again, he remains one of the most brilliant and underrated political performance artists of our time. We may never see his like again, though we may see his ass in jail by the time this is all said and done. Click2Houston, ThinkProgress, the Press, and Juanita have more.

FBI and IRS raid Sen. Carlos Uresti’s office

That’s never a good thing.

Sen. Carlos Uresti

FBI and IRS agents raided the San Antonio law offices of state Sen. Carlos Uresti on Thursday morning — confiscating documents and other items.

A law enforcement source told the the San Antonio Express-News, which first reported the raid Thursday, that it was connected to Uresti’s involvement with a now-bankrupt fracking sand company that he held a financial stake in.

“Law enforcement agents with IRS and FBI are lawfully present conducting a law enforcement operation,” FBI spokeswoman Michelle Lee told the Texas Tribune. “No further details have been released at this time.”

Lee confirmed that no arrests had been made.

Uresti, a San Antonio Democrat and personal injury attorney, has been entwined in a complicated saga involving FourWinds Logistics, which sold sand used in hydraulic fracturing, a process that extracts oil and gas from shale rock.

A lengthy investigation published by the Express-News in August first detailed Uresti’s involvement in the company and fraud allegations it faces.


FourWinds’ purported intent was to buy sand and sell it at a markup to oil and gas companies, but some investors have accused the company’s leadership of misrepresenting its financial health and spending their money on frivolous, personal expenses. It now faces millions of dollars in claims from investors and other companies.

Denise Cantu, whom Uresti represented in a wrongful-death case, said she lost most of the $900,000 she invested in the now-bankrupt company in 2014 at the suggestion of Uresti, according to the Express-News. She has said she was not initially aware that Uresti would get a piece of her investment, though Uresti has suggested otherwise.

With allegations of serious financial mismanagement detailed in bankruptcy court, the FBI last year opened an investigation into FourWinds, the Express-News reported. In August, Uresti told the paper that he was a “witness” in that investigation but not its target.

On Nov. 4, four days before Election Day, Eric Nelson, the former marketing director for FourWinds, was indicted for his role in an alleged scheme to defraud investors. He later pleaded guilty to one felony charge of conspiracy to commit wire fraud. Federal attorneys accused Nelson of altering company bank statements to “grossly” inflate its account balance. At least two more former FourWinds employees have been indicted since the election: Shannon Smith, who held a 48 percent stake in the company, and Laura Jacobs, who worked as its comptroller. They face similar charges to Nelson’s.

FourWinds had paid Uresti to attract investors before it filed for Chapter 11 reorganization in August 2015 — beset by allegations of fraud and misused funds.

It could be that this action by the FBI and IRS was to collect evidence for the case against FourWinds and its executives. If that’s all it is, and Uresti himself is not implicated in anything criminal, then this will be as bad as it gets for him, and the news will fade in time. If not, well, he’ll probably wind up having something in common with Ken Paxton. I hope for his sake it doesn’t come to that, but we’ll see. A statement from Sen. Uresti can be found here, and the Current has more.

More about the hack of the Astros

Fascinating stuff.

A federal judge has unsealed details about former St. Louis Cardinals executive Chris Correa’s hacking of the Astros’ email and player evaluation databases, clearing the way for Major League Baseball to impose sanctions against the Cardinals as soon as this week.

Three documents entered into court records but made public by U.S. District Judge Lynn Hughes on Thursday reveal new information regarding Correa’s intrusions, for which the former Cardinals scouting director is serving a 46-month sentence in federal prison after pleading guilty in January 2016 to five counts of unauthorized access to a protected computer.


According to the documents, portions of which remained redacted, Correa intruded into the Astros’ “Ground Control” database 48 times and accessed the accounts of five Astros employees. For 21/2 years, beginning in January 2012, Correa had unfettered access to the e-mail account of Sig Mejdal, the Astros’ director of decision sciences and a former Cardinals employee. Correa worked in St. Louis as an analyst under Mejdal, who came to Houston after the 2011 season with Astros general manager Jeff Luhnow, also a former Cardinals executive.

“(Correa) knew what projects the Astros’ analytics department was researching, what concepts were promising and what ideas to avoid,” said one of the documents, signed by Michael Chu, the assistant U.S. attorney who prosecuted the case against Correa. “He had access to everything that Sig Mejdal … read and wrote.”

Correa also attempted to gain access to the accounts of Bo Porter, the Astros’ manager in 2013-14, and pitching coach Brent Strom, and he used passwords belonging to Luhnow, Astros analyst Colin Wyers, and three Astros minor league players to gain access to the Astros system, the documents show.

A third document includes a subpoena from Correa’s attorney to obtain documents from the Astros, based on Correa’s statement that he was combing the files looking for information taken from the Cardinals. Hughes denied the request, which sought access to emails from Mejdal, Luhnow and former Astros assistant GM David Stearns and analyst Mike Fast regarding a variety of topics, including Cardinals minor league pitching coach Tim Leveque, Cardinals assistant general manager Mike Girsch and the Cardinals’ player information database, known as RedBirdDog.

See here and here for some background. The sanctions have since been imposed – the Cardinals will give their top two draft choices and two million bucks to the Astros as redress – but it’s the details of what Correa did that are so riveting. Deadspin, which was a key player in this as well, elaborates:

The sentencing document also points to a motive beyond the obviously useful scouting data: Correa was furious and envious of Mejdal’s acclaim in a June 25, 2014 Sports Illustrated cover story about the Astros’ embrace of analytics, with the cover predicting them as the winners of the 2017 World Series.

The account the feds lay out reads like a downright sinister revenge plot by Correa: On June 27, two days after the SI cover story, Correa attempted, unsuccessfully, to log into Mejdal’s, Luhnow’s, and Wyers’s Ground Control accounts. He then tried to log in via the accounts of Astros pitching coach Brent Strom and Astros manager Bo Porter. Thwarted but not deterred, he tried another tactic.


The same day, June 28, Deadspin was emailed a tip from a burner email service that linked “to a document on AnonBin, a now-dead service for anonymously uploading and hosting text files.” On June 30, Deadspin published the contents of the document, which detailed the Astros’ trade discussions between June 2013 and March 2014.

A year later, Deadspin deputy editor Barry Petchesky laid out the information we received, and why he believed we were the intended recipients. We had and have no additional information that indicates who the leaker was, and would not reveal the leaker’s identity if we knew it—as Petchesky later explained to an FBI investigator.

Regardless, the feds speculate that Correa himself emailed us the information.

Damn. I will watch the hell out of the eventual 30 for 30 documentary on this. The Press, Craig Calcaterra, and Jeff Sullivan, who thinks the Cardinals got off too lightly, have more.

Super Bowl security

There will be a lot. You may or may not get to hear about it.

When an expected 1  million people descend on Houston for 10 days of Super Bowl concerts, contests and championship football, they will be protected – and watched – by a security operation built on secrecy, technology and the combined efforts of dozens of agencies.

Unlike in recent Super Bowls, however, the public here won’t likely see lines of officers with fatigues, military-style rifles and armored vehicles.

The message for visitors? Relax and enjoy the fun.

“We don’t think we need to display a heavy militaristic presence to provide a safe environment,” said Executive Assistant Houston Police Chief George Buenik, who heads the event’s public safety committee. “We are keeping it a lower visible presence, meaning we are not going to be displaying all of our resources and assets, just like we are not getting into numbers or specifics. A lot of our security plan is what we consider confidential.”


The hype, media attention, massive crowds and more than 100 million expected television viewers make for an over-the-top party but also offer a unique challenge for law enforcement.

Keeping such events safe has grown even more complex in recent years, with the proliferation of terrorist attacks and new technology and social media that can connect or inspire like-minded persons.

The Houston events will be spread out across the city, from the football game at NRG Stadium to live concerts, fan festivals and other events at Discovery Green and the George R. Brown Convention Center 13 miles away.

Lakewood Church – which sits between the two sites in a former indoor sports arena near Greenway Plaza – will host an NFL Gospel Celebration.

Law enforcement agencies have been preparing for the events since not long after Houston was selected in May 2013 to host the big game.

Delegations have been sent to the last three Super Bowls to learn and figure out what might be done differently in the Bayou City. Houston has experience with big crowds, having previously hosted the Super Bowl in 1974 and 2004 and other big events.

The city is expected to spend about $5.5 million, mostly for security, but that is expected to be reimbursed by the game’s host committee.

The federal government also is covering some security costs, with the FBI; Homeland Security; Bureau of Alcohol, Tobacco, Firearms and Explosives and other agencies participating, though those details are – not surprisingly – not available.

Local preparations have included combing through NRG Stadium and other Super Bowl-related venues and installing additional surveillance cameras in key areas, but authorities decline to reveal exactly what they are doing.

NRG Stadium will be surrounded by a special zone, where police will control foot traffic and commercial vendors. And the nearby Astrodome – which originally had been considered for special events – will remain shuttered.

Flight restrictions will be in place for certain aircraft, and a “No Drone Zone” is expected to be declared, as it has for previous Super Bowls.

And local law enforcement officers are racking their brains to think of new threats they might have missed. Representatives of various local, state and federal entities gathered in recent days in a conference room at NRG Stadium to think up new scenarios and how they would respond.

I don’t remember what the number of visitors for Super Bowl XXXVIII in 2004 was. I do remember that the number far exceeded the total number of seats available in Reliant Stadium, enough to make me wonder what these people were traveling for, if they couldn’t see the actual game. What I’m getting at is that I don’t know if that “one million people descending on Houston” estimate is realistic or not, but based on past history it is a lot higher than you might think. Regardless, I’m sure we’re all relieved to know that the city will be reimbursed for its police and other Super Bowl security-related expenditures. My general advice to avoid the area at all costs unless you really have to or really want to remains in effect.


Some really good work by the Trib here.

The Texas Tribune spent almost a year attempting to collect information on police shootings from departments in the state’s 36 largest cities, which have a population of 100,000 or more, and was able to confirm 656 fatal and nonfatal shooting incidents involving 738 individuals that occurred between 2010 and 2015. Those 36 cities make up almost half of the state’s population.

It remains impossible to determine exactly how many more times police officers in Texas pulled the trigger, and the data vacuum isn’t just about total shooting incidents. At a time when much public attention — and political debate — is focused on police shootings of minorities, it is also virtually impossible to know how many shootings in Texas involve Hispanics, the state’s largest minority group, because some departments don’t distinguish between race and ethnicity in their records.

Frustration over the lack of readily available, standardized and reliable data on police shootings is widespread among lawmakers, criminologists and the general public, particularly after several deadly shootings — like those in Ferguson, Missouri, Minnesota and Baton Rouge — that have garnered national attention.

With such an information void in Texas, it’s difficult to find a starting point in assessing police interactions with communities — and any possible reforms or solutions, said Durrel Douglas, co-founder of the Houston Justice Coalition. “If we can’t get there, it’s absolutely frustrating,” Douglas said. “We have absolutely nothing to even start with.”

The FBI tries to collect nationwide data, but its statistics are incomplete and riddled with mistakes. Texas lawmakers passed legislation in 2015 requiring statewide reporting, but those efforts won’t capture all police shootings in the state.

Access to comprehensive information rests almost completely in the hands of local police departments. Departments in big cities, such as Houston and Dallas, post information on every police shooting on their websites. But a list from most departments can only be obtained through an open records request — and often after a fight over what information should be made public.


National record-keeping efforts are also inconsistent. The FBI’s database of police shootings — based on voluntary reporting by departments, which fluctuates from year to year — only includes fatal shootings, and even those are often undercounted.

From 2010 to 2014, the latest year for which FBI data is available, the Tribune confirmed at least 198 fatal shootings by the 36 departments examined. But it appears at least 89 fatal shootings were either not reported to the agency or reported incorrectly.

Additionally, the FBI’s incomplete database only counts fatal shootings, which the Tribune’s analysis shows made up just 36 percent of all shootings in Texas during that time.

Calling the current system a “travesty,” the FBI has said it plans to revamp its system for tracking police shootings in 2017, including expanding reporting to note other injuries caused by police. That would still miss instances in which police shoot but miss. From 2010 to 2015, 142 of those incidents made up more than one-fifth of all shootings in Texas’ biggest cities.

Read the whole thing, and be sure to click on the other stories in the series as well. We can’t understand the situation, let alone make sensible reforms as needed, if we don’t have the basic facts of it. Shootings are also only one piece of the puzzle, as people die in police custody for other reasons as well. That information is supposed to be collected but often isn’t, and the information we do have is not readily available. Grits for Breakfast contributing writer Amanda Woog, who is a postdoctoral fellow at the UT-Austin Institute for Urban Policy Research and Analysis, has been working on this, with the data she has gathered at the Texas Justice Initiative website; here’s a podcast conversation with her about it. We need to know what is actually happening, we need all relevant entities to report their data in a timely and cooperative fashion, and we need to ensure there are consequences for not complying. Then we can move forward.

DNA mixtures

Grits reports on the latest developments in forensics at a hearing of the Texas Forensic Science Commission, and what it means to the legal system in Texas and elsewhere.

First, a bit of background. DNA testing looks at two metrics on X and Y axes: Whether alleles are present at various loci, and the quantity of DNA available for testing at that spot. (The latter is complicated by allele drop-in, drop-out, and stacking, terms I’m only beginning to understand.) When examining the peak height of DNA quantity on the test results, DPS’ old method did not impose a “stochastic” threshold, which as near as I can tell is akin to the mathematical sin of interpreting a poll without ensuring a random sample. (The word “stochastic” was tossed around blithely as though everyone knew what it meant.) Basically, DPS did not discard data which did not appear in sufficient quantity; their new threshold is more than triple the old one.

That new methodology could change probability ratios for quite a few other cases, the panel predicted. One expert showed slides demonstrating how four different calculation methods could generate wildly different results, to my mind calling into question how accurate any of them are if they’re all considered valid. Applying the stochastic threshold in one real-world case which he included as an example reduced the probability of a match from one in 1.40 x 109 to one in 38.6. You can see where a jury might view those numbers differently.

Not every calculation will change that much and some will change in the other direction. The application of an improper statistical method generates all types of error, not just those which benefit defendants. There may be folks who were excluded that become undetermined, or undetermined samples may become suspects when they’re recalculated. The panel seemed to doubt there were examples where a positive association would flip all the way to excluded, but acknowledged it was mathematically possible.

DPS has identified nearly 25,000 cases where they’ve analyzed DNA mixtures. Since they typically represent about half the state’s caseload, it was estimated, the total statewide may be double that when it’s all said and done. Not all of those are problematic and in some cases the evidence wasn’t used in court. But somebody has to check. Ch. 64 of the Code of Criminal Procedure grants a right to counsel for purposes of seeking a DNA test, including when, “although previously subjected to DNA testing, [the evidence] can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous test.” So there’s a certain inevitability about the need to recalculate those numbers.

See here for the Texas Tribune story that Grits references – WFAA also covered the hearing – and be sure to read the whole post. There’s a lot of scientific info out there if you google “DNA Mixtures”, but I’m not informed enough to point you to something useful. As noted, DNA is still very exact when comparing known samples, or in isolating a suspect from a rape kit. It’s when there are multiple unknown DNA donors that things get complicated, and there isn’t a single standard for that now. What we do know is that the method that had been used to provide match/elimination probabilities were not accurate, and some number of convictions in Texas and elsewhere will need to be reviewed in light of reinterpreted DNA evidence. Ultimately, questions about what the standards are and how the evidence should be analyzed will be settled by the courts, from the CCA to SCOTUS. This will be a long and occasionally messy process, and we’re at the very beginning of it. On the plus side, this should provide all kinds of fodder for mystery writers and TV showrunners. So at least there’s that.

What happened to Sandra Bland?

This is horrible.

Sandra Bland

There are big questions about the final hours of Sandra Bland’s life. The official story is that the 28-year old committed suicide by hanging herself in a Waller County jail cell. Her family doesn’t buy it.

Bland, a black woman who graduated from Texas Prairie View A&M and had recently accepted a new job at the university, didn’t seem to her friends and family to be a suicide risk. And as ABC 7 in Chicago reported (Bland was originally from nearby Naperville), many have disputed the official story. “The Waller County Jail is trying to rule her death a suicide and Sandy would not have taken her own life,” longtime friend LaNitra Dean told the station. “Sandy was strong. Strong mentally and spiritually.”

We don’t know what happened in Bland’s cell, but we know that her initial encounter with police was contentious. Bland was pulled over Friday after she failed to signal a lane change. According to the Chicago Tribune, officials said Bland was about to drive off with a warning before she kicked the officer.

A bystander who observed the incident on University Drive in Prairie View filmed the arrest. It’s not easy to watch.

In the video, we see Bland in the prone position while a deputy pins her to the ground. She screams to the witness and asks the policemen why they’re hurting her. (According to police brutality activist Shaun King on Twitter, the witness says that Bland was pulled out of the car through her window.)

It’s unclear what danger the officers arresting an unarmed woman felt that they were in. Usually, failing to signal a lane change isn’t an offense that ends in handcuffs. (She was ultimately arrested for “assault on a public servant,” though the details of her alleged assault are similarly unclear.) It does, of course, come on the heels of other incidents in which police have deployed surprising amounts of force against Texans — particularly Texans of color — in recent months. In fact, police killed a man during a routine traffic stop similar to Bland’s.


The Texas Rangers are investigating Bland’s death now, and it may not end there. A petition launched Thursday morning urging the U.S. Justice Department to take over the investigation already has 5,000 signatures, and the DoJ has demonstrated a willingness to investigate situations like this in other high-profile deaths involving black citizens and the police.

In the meantime, #SandraBland has become a trending topic on Twitter, and that seems to have changed the way her death is being discussed in Waller. Yesterday, Waller County District Attorney Elton Mathis told ABC 7, “I do not have any information that would make me think it was anything other than just a suicide.” Today, speaking to KPRC in Houston, he was more thoughtful:

“I will admit it is strange someone who had everything going for her would have taken her own life,” he told NBC station KPRC in Houston. “That’s why it’s very important a thorough investigation is done and that we get a good picture of what Ms. Bland was going through the last four or five days of her life.”

“If there was something nefarious, or if there was some foul play involved, we’ll get to the bottom of that,” Mathis added.

There are a lot of eyes on Waller County right now, and someone will hopefully find the truth.

The Trib adds some details.

An autopsy classified the death as suicide by hanging, Harris County Institute of Forensic Sciences spokeswoman Tricia Bentley told The Post, and the sheriff’s office statement said it appeared to be from “self-inflicted asphyxiation.”

“The family of Sandra Bland is confident that she was killed and did not commit suicide,” Bland’s family said in a statement sent to the Tribune by the law firm they hired. “The family has retained counsel to investigate Sandy’s death.”

At the press conference, another of Bland’s sisters said that the two had a telephone conversation after Bland was taken into custody. Shante Needham said Bland was “very aggravated,” and thought she had broken her arm, according to the AP.

The Texas Rangers, an investigative arm of the state’s Department of Public Safety, are investigating the death. Additionally, the Department of Public Safety said it has asked for the Federal Bureau of Investigation’s assistance.

“At this time, the joint investigation by the Texas Rangers and the FBI is ongoing,” the release stated.

Shauna Dunlap, a spokeswoman for the FBI’s office in Houston, told the Houston Chronicle in an email that the agency would be “monitoring the local investigation until it is complete.”

“Once the local process takes its course, the FBI reviews all of the evidence and if warranted could pursue a federal investigation,” she wrote.


In his Facebook statement, Mathis, the district attorney, said his office “is actively consulting with and monitoring the investigation being conducted by the Texas Rangers into Ms. Bland’s death. Once the investigation is complete the matter will be turned over to a Waller County grand jury for any further proceedings deemed appropriate by them.”

He added: “Please allow us to do our jobs, and rest assured that Ms. Bland’s death is receiving the scrutiny it deserves.”

I certainly hope so. Everyone is watching, that’s for sure. You can click on that top link to see the video. There’s plenty of questions about what happened once Ms. Bland was in jail, but the questions begin with what happened at that traffic stop. How does someone get arrested – never mind carted off to jail – for failing to use a turn signal? Half of Houston would be incarcerated right now if the police here enforced that. And then there’s this:

Hempstead Police Chief R. Glenn Smith, who was fired last month by elected city officials, is now the Republican Party’s nominee for Waller County sheriff.

Smith easily won in a runoff Tuesday, defeating Joseph “Joey” Williams 801 to 544, and will face Democrat Jeron Barnett in the November election.

Smith, 49, blamed his dismissal on small-town politics.

“In my opinion some of them possibly had an agenda for somebody else who is running for sheriff,” Smith said Thursday.

However, some in the community say the dismissal stems from incidents involving police misconduct toward African-Americans.


Activist Herschel Smith said many Hempstead residents expressed concerns about police conduct. He said two incidents that sparked worries involved a mistaken drug raid and a strip search conducted on area youths by Hempstead police.

Link via Daily Kos and Mic. Glenn Smith is now the Sheriff of Waller County. Maybe the one doesn’t have anything to do with the other, but with all that’s been happening, now and forever, there’s no benefit of the doubt to accrue. Sandra Bland and everyone else deserves a real answer. See #WhatHappenedToSandraBland on Facebook for more.

UPDATE: Here’s the Chron story.

UPDATE: The Press has more.

How many crimes does your police department solve?

Fewer than you think, unfortunately.


Violent crime in America has been falling for two decades. That’s the good news. The bad news is, when crimes occur, they mostly go unpunished.

In fact, for most major crimes, police don’t even make an arrest or identify a suspect. That’s what police call “clearing” a crime; the “clearance rate” is the percentage of offenses cleared.

In 2013, the national clearance rate for homicide was 64 percent, and it’s far lower for other violent offenses and property crimes.

University of Maryland criminologist Charles Wellford says police have shifted priorities over the decades.

“In the ’60s and ’70s, no one thought that the police should be held responsible for how much crime there was,” Wellford says. Back then, he adds, police focused on calls for service and solving crimes.

In more recent years, he says, police have been pushed to focus more on prevention, which has taken precedence over solving crimes — especially non-violent offenses.

In short, the falling crime rate we’ve enjoyed may come at a cost: police indifference when you report your stereo was stolen.

I admit, that wouldn’t have occurred to me. I would have thought that with less crime, police departments would be more able to solve the crimes that were committed, since there would be less of a workload. I’m not a criminologist and I haven’t read any research on this, but my initial reaction here is to be a little skeptical. In what ways are police departments focused on crime prevention, and what evidence is there that those methods are working? My gut says that police departments these days – really, for the past thirty or so years – have concentrated on drug-related crimes. While I would agree that there’s some ancillary prevention benefit in that, we all know that this comes with a variety of costs. Maybe the national effort to decriminalize some drug offenses will have the benefit of allowing police departments to once again focus on solving the crimes that really do victimize the public.

The article comes with a utility to look up the crime clearance rates in your own community. Here’s what it showed for some of Texas’ biggest cities:

All violent crime Homicide Property crime City 2011 2012 2013 2011 2012 2013 2011 2012 2013 ====================================================================== Houston 46% 39% 37% 90% 70% 76% 13% 12% 11% Abilene 47% 49% 64% 80% 100% 100% 25% 22% 20% Amarillo 40% 45% 48% 60% 100% 44% 18% 19% 22% Austin 49% 49% 57% 93% 87% 100% 12% 12% 13% Beaumont 70% 70% 69% 100% 100% 75% 23% 28% 27% Corpus Christi 54% 53% 45% 67% 63% 100% 20% 23% 19% Dallas 38% 40% 37% 65% 58% 60% 13% 11% 11% El Paso 48% 47% 49% 88% 96% 80% 18% 20% 22% Fort Worth 36% 38% 39% 61% 80% 86% 14% 16% 17% Laredo 80% 80% 79% 64% 88% 100% 20% 24% 28% Lubbock 30% 32% 34% 50% 73% 100% 15% 15% 19% McAllen 56% 66% 38% 50% 100% 0% 20% 22% 16% Midland 66% 68% 59% 100% 75% 40% 22% 25% 27% Plano 54% 51% 47% 80% 100% 100% 22% 22% 19% San Antonio 48% 36% 37% 80% 70% 75% 12% 11% 12% Waco 56% 56% 55% 91% 67% 50% 23% 23% 26%

Note that these are all for the above-named cities’ municipal police departments. I limited myself to cities that I could think of that had a population of at least 100,000. (Galveston, in case you were wondering, has about 48,000 people.) “Violent crime” includes “Murder and non-negligent manslaughter”, which I characterize above as “Homicide”, “Robbery”, and “Aggravated assault”. “Property Crime” includes “Burglary”, “Larceny-theft”, “Motor vehicle theft”, and “Arson”.

Don’t be too mesmerized by the Homicide solve rates for smaller cities. The total annual number for these crimes in cities of, say, 100,000 to 200,000, is often in the single digits. McAllen, for example, had 4 homicides in 2011, one in 2012, and two in 2013. In a few cases, such as Beaumont for 2011 and 2012, the number of murders solved was greater than the number of murders. My guess is that the solved crimes included cold cases, but there was no explanation on the site. I just listed those as 100% to avoid weirdness.

What stands out to me in all this is that generally speaking the smaller cities had much better solve rates for property crimes than the big cities. In Houston, Dallas, San Antonio, and Austin, the solve rates for property crimes never topped 13%, but in the smaller cities it ranged from 18% to 28%. Fort Worth and Lubbock were the outliers there, on the low end. I’m not sure what to make of that, but it sure is interesting.

What application does this have to the 2015 Mayor’s race? (You knew I was going to get around to that, I’m sure.) Well, in addition to my wish that the candidates will eventually start to talk about public safety in a more comprehensive way, I’d think that a candidate who promised to have his police force concentrate on solving property crimes might be able to sway a voter or two. Lord knows, the Nextdoor discussion list for the greater Heights area spends a lot of time on break-ins and thefts and the like. Given how many of these crimes do go unsolved today, it seems to me there’s some traction to be gained on this issue. Just a thought.

The Lykos era officially ends

That’s all she wrote.

Pat Lykos

A grand jury scrutinizing former District Attorney Pat Lykos and her administration declined Thursday to indict Lykos regarding allegations of misuse of public resources.

The Harris County grand jury’s decision to end its term without action ends a yearlong probe. It was initiated when the Texas Rangers asked for a special prosecutor to look into allegations that members of the Lykos administration had investigated members of another grand jury who spent six months looking into evidence collected by the Houston Police Department’s troubled breath alcohol testing vehicles.

Attorney Eric Nichols was appointed as a special prosecutor weeks after the Rangers’ February 2012 request.

Because grand jury proceedings are secret, Nichols said little Thursday except that its term had ended and no indictments were handed down.

See here, here, and here for the background. To say the least, this was a bizarre story, involving no small amount of inside-baseball Republican politics. I never really thought there was anything to this, but it’s hard to believe that the story didn’t damage Lykos’ prospects in last year’s primary. Be that as it may, and barring anything strange, this is the end of the line.

CD34 candidate Villalobos busted by the feds

This is not the sort of news one wants to make as a candidate.

Armando Villalobos

Cameron County District Attorney Armando R. Villalobos vowed Monday to fight a federal indictment filed against him and his former law partner Eduardo “Eddie” Lucio.

Villalobos, 44, who is also seeking the Democratic Party’s nomination to represent the newly created Congressional District 34, said that in his seven years as district attorney he has always acted in the best interest of the people of Cameron County and “I have never attempted to use this office for my own financial gain.”

A federal grand jury handed up a 12-count indictment against Villalobos and Lucio, 43, charging them with violating the Racketeer Influenced and Corrupt Organizations Act and one count of conspiracy to violate the RICO Act.

Lucio is not related to the state legislators of the same name.

Villalobos was also charged with seven counts of extortion and three counts of honest services fraud. Lucio is charged with three counts of extortion and two counts of honest services fraud.

Their case is tied to that of former 404th state District Judge Abel C. Limas, who last year pleaded guilty to racketeering. His sentencing is scheduled for later this year.


Attorney Joel Androphy of Houston and Norton A. Colvin Jr. of Brownsville represent Villalobos.

“This is (only) a piece of paper,” Androphy said of the indictment against Villalobos, adding that the defense has not been given the opportunity to respond to it, to rebut allegations or to speak to the grand jury.

“It is one side of the story. He will be vindicated,” Androphy added.

Colvin said that Villalobos, “like any citizen, is presumed innocent. We really believe that as this develops, he will be shown to be innocent.”

Attorney John T. Blaylock of Harlingen, who represents Lucio, said, “My client is innocent. The indictment was obtained by using people the government coerced into saying things. It’s a very weak indictment.”

Blaylock said he looks forward to trying the case. “It’s going to be kind of fun. It’s going to fall apart. They haven’t done their homework,” Blaylock said.

Blaylock maintained that, “we’re here because the government has its dancing chickens” — who are trying to protect family members from indictment — adding that as was done in carnivals, as the heat on a hot plate was turned up, the chickens dance.

“They’ve had a lot of heat, and now they are performing,” Blaylock said of Limas and other defendants who are cooperating with the U.S. Attorney’s Office.

Well, we’ll see about that. Not surprisingly, some people are calling on him to resign.

County Judge Carlos Cascos, a Republican serving his second term, said the issue is not partisan politics, rather a question of whether the accused district attorney can operate an “effective and efficient” office while facing a 34-page federal indictment alleging years of corruption.

“I don’t believe he can,” Cascos said Tuesday. “It’s tough. That particular office that deals with all kinds of crimes at different levels whether criminal or domestic – you got to focus.”

Cascos added that the indictment could cast a pall on the department.

“It could bring into suspect some of the cases that may be brought up, maybe some of the prior cases,” he said. “I mean, I think defense lawyers are looking at some of these cases and seeing if anything may have looked kind of … quirky.”

Hard to argue with the reasoning, though if his lawyers really can back up their big talk then I can understand why he wouldn’t resign. For what it’s worth, Jerry Eversole didn’t resign as County Commissioner until nine months after he’d been indicted by the feds, not long before he pleaded out. Of course, any time you have to cite Jerry Eversole as a reason for doing something, the odds are pretty good you’re doing it wrong.

What a mess. The FBI’s press release is here, and a copy of the indictment is here. That first story I linked has a lot of the details. I interviewed two other candidates for CD34, Ramiro Garza and Anthony Troiani; I did try to reach Villalobos’ campaign early on, but no one ever replied to the email I sent. One other opponent has joined the call for him to resign, and I won’t be surprised if others follow. Like I said, what a mess. BOR and Grits have more.

Check your DNS

Your computer may be infected with a virus that will cause it to lose connectivity to the Internet in July.

For computer users, a few mouse clicks could mean the difference between staying online and losing Internet connections this summer.

Unknown to most of them, their problem began when international hackers ran an online advertising scam to take control of infected computers around the world. In a highly unusual response, the FBI set up a safety net months ago using government computers to prevent Internet disruptions for those infected users. But that system is to be shut down.

The FBI is encouraging users to visit a website run by its security partner,, that will inform them whether they’re infected and explain how to fix the problem. After July 9, infected users won’t be able to connect to the Internet.

Most victims don’t even know their computers have been infected, although the malicious software probably has slowed their web surfing and disabled their antivirus software, making their machines more vulnerable to other problems.

Last November, the FBI and other authorities were preparing to take down a hacker ring that had been running an Internet ad scam on a massive network of infected computers.

“We started to realize that we might have a little bit of a problem on our hands because … if we just pulled the plug on their criminal infrastructure and threw everybody in jail, the victims of this were going to be without Internet service,” said Tom Grasso, an FBI supervisory special agent. “The average user would open up Internet Explorer and get ‘page not found’ and think the Internet is broken.”

So what they did was install a couple of servers to provide correct DNS lookups to the affected computers, but in July those servers will be shut off and anyone relying on them will not be able to surf. You can go to to check and see if you’re one of the infected ones and get cleaned up if you are.

FBI officials said they organized an unusual system to avoid any appearance of government intrusion into the Internet or private computers. And while this is the first time the FBI used it, it won’t be the last.

“This is the future of what we will be doing,” said Eric Strom, a unit chief in the FBI’s Cyber Division. “Until there is a change in legal system, both inside and outside the United States, to get up to speed with the cyber problem, we will have to go down these paths, trail-blazing if you will, on these types of investigations.”

Now, he said, every time the agency gets near the end of a cyber case, “we get to the point where we say, how are we going to do this, how are we going to clean the system” without creating a bigger mess than before.

Keep an eye on this, because something like it is sure to happen again soon.

FBI looking into DA’s office over grand jury “investigation”

Oh, boy.

DA Pat Lykos

Eyewitness News learned from people interviewed that the FBI and Texas Rangers are asking questions inside the DA’s office. The questions aren’t about BAT vans, but about the DA and her team and how they reacted once the grand jury decided to investigate her.

Remember, at first Lykos said she didn’t authorize any investigation of grand jurors.

“I know nothing of that, I certainly didn’t authorize the investigation — and, you know, give me a name,” said Lykos.

But once we got that name, Lykos admitted she ordered her chief investigator Don McWilliams to conduct internet searches on grand jurors, special prosecutors and two judges.

At least some of those searches were conducted with county paid for databases.

“Does that constitute a misuse or abuse of official information?” KTRK Legal Analyst Joel Androphy said.

After reviewing Texas law, Androphy suggested the DA searches may have crossed the line. Grand jurors’ names were sealed by court order months before the DA told her chief investigator to dig up their political past.

“They had access to the names and they were searching out the names that no one else had the ability to search out,” Androphy said.

“And that may cause legal problems for them?” we asked Androphy.

“Absolutely. And at least it will cause someone to review this,” he replied.

See here for the backstory. None of this means that there will be any charges brought, or that any wrongdoing will be alleged. But one way or another we ought to get an answer to the question about whether or not there had been an “investigation” of some of the people involved in that grand jury hearing.

Abercia arrested

Well, this explains a lot.

Longtime Harris County Precinct One Constable Jack Abercia and two of his staffers were arrested Thursday morning on suspicion of violating several federal laws, including conspiring to accept bribes and using the county office for private gain.

Federal agents arrested Abercia, 78, Chief Lieutenant Weldon Kenneth Wiener, 72, and Office Chief Michael Butler, 56. The trio is scheduled to appear in Houston federal court within about an hour.

A 13-count federal indictment returned on Tuesday and unsealed after the arrests accuses Abercia and Wiener of soliciting and accepting money from companies interested in running background checks on prospective employees through the National Crime Information Center (NCIC) database, which is restricted to law enforcement use.

The indictment charges 11 specific acts of misuse of NCIC in November, but it also alleges the practice had been going on in the constable’s office for a longer period of time.

Abercia and Butler are also charged with bribery in connection with the hiring of an otherwise unqualified deputy constable in return for a $5,000 bribe in July 2010.

We first heard about the FBI looking into Abercia and his office in mid-December. Just before the end of the year, Abercia announced he would not run for re-election, though he had previously filed to do so, citing his health and denying that the investigation had anything to do with it. This week he submitted his resignation, which was to take effect on January 31. I daresay today’s events have cast all of these prior ones in a different light. You can see a copy of the indictment here. It’s not as sexy as some of the other crimes committed by elected officials around here lately, but if true they’re every bit as tawdry and disgraceful. For shame, shame on all three of them. Hair Balls has more.

Murder by numbers

There were a lot fewer murders committed in Houston last year than in recent years.

HPD recorded 195 murders for the year as of Friday, a 27.5 percent decrease from the previous year’s total of 269. The preliminary figure doesn’t yet include the death of a 27-year-old woman who police believe was killed in her west Houston apartment on New Year’s Eve.

As long as the 2011 total remains below 200, it would be the lowest since 1965, when 139 people were killed, said HPD homicide division Capt. David Gott.

Harris County’s unincorporated areas also reported fewer murders. The 2011 preliminary total stands at 60 – down more than 7 percent from the 65 in 2010. Murder totals have continued to drop in unincorporated Harris County since 2009, when 87 were reported.

Hair Balls has a slightly different number for the city. The story primarily focuses on the comparison to last year, but if you look at the accompanying chart, what stands out to me is that the number of murders in Houston has dropped nearly fifty percent from the peak of 376 in 2006. Since the story doesn’t look that far back, it doesn’t mention this, which means it also doesn’t dredge up the association of that year with Hurricane Katrina evacuees and their supposed effect on the city’s crime rate. For the city of Houston, there’s a spike from 2005-07, and a trough this year, otherwise the annual number of murders is between 250 and 300. For unincorporated Harris County, outside of a one-time spike in 2009, the body count is basically the same, right at about 60, every year from 2004 through 2011. I point this out for two reasons. One is that it’s plausible to me that there isn’t much more we can do to affect the murder rate in a given year. It is what it is, and outside of larger societal trends that affect the crime rate in general, year to year variations are likely to be statistical noise. What that means is that if the number creeps back up to 250 or so for Houston in 2012, it doesn’t represent a failure of public policy, just a return to historic norms after an unusually slow year. That’s not going to stop the city from taking credit for the decline, nor should it. They do have some policies to point to as causes, and as such we may see a downward trend. But don’t be surprised if it goes up this year, and don’t spend too much time looking for a reason. These things do happen.

And two, in 2010 after the uptick in unincorporated Harris County murders was noted, County Commissioner Steve Radack was critical of Sheriff Adrian Garcia for not having enough patrols to suit him. I can only presume that after two years of normal numbers, including a dip in 2011 to the lowest level seen since 2004, that Radack will now be fulsome in his praise of the Sheriff for his restoration of law and order. Otherwise, his criticism from two years ago will have been shown to be little more than crass political haymaking, and surely that wasn’t the case. Right?