MARINE ENGINEERS (MEBA)
Magistrate in Florida Embezzlement Case Rules She Has No Impermissible
Conflict
As previously reported, over the Dep't of Justice' strenuous objections,
U.S. Magis. Judge Linnea R. Johnson (S.D. Fla.) ruled in Mar. 2002 that
ex-U.S. Atty. Thomas E. Scott's prior government
service did not create a conflict of interest that would bar him from representing
indicted union boss Walter J. "Buster"
Browne. Johnson allowed Scott to represent Browne in his upcoming criminal
trial on racketeering and embezzlement charges. Browne pled not guilty
Nov. 3 to a 40-page federal indictment, brought by Scott's former U.S.
Atty.'s Office, accusing Browne and his sister, Patricia B. Devaney, of
running a racketeering scheme that milked more than $400,000 from his union
and four companies. Browne is president of the Marine Eng'rs' Beneficial
Ass'n Dist. 1 (a.k.a., Nat'l Fed'n of Public & Private Employees) headquartered
in Fort Lauderdale.
However, Johnson herself may be conflicted. On Apr. 24, Johnson denied another DOJ motion requesting that the magistrate recuse herself from the Browne case. Johnson ruled that although Scott represented her in her 1991 divorce in Miami-Dade Circuit Court. "The representation in an uncontested divorce was brief and over a decade ago," Johnson said. Johnson added that she examined 100 relevant state and federal cases in recent days. "I have found no case that favors a recusal by this court."
DOJ filed the motion the morning of the hearing--the same day as the Palm Beach Daily Business Review ran an news article questioning whether Johnson had a conflict of interest. DOJ's Julia J. Stiller said the government would not appeal Johnson's recusal ruling.Johnson also heard lengthy arguments on Apr. 24 on DOJ's other pending, previously reported, motion to disqualify Browne's attorneys, Scott and Steven E. Chaykin, from representing him due to impermissible conflicts. No decision on that motion has been reached. [Palm Beach Daily Business Rev. 4/24, 4/25/02]
Union Corruption Update is made possible by the generous contributions from readers like you. NLPC, PO Box 6821, Falls Church, VA 22040. Thank you.
In addition to the unions and organizations covered in this Union Corruption Update, readers can look forward to news and information on other corrupt and abusive unions in future editions.
All back issues of the Union Corruption Update can be viewed at NLPC's website (http://www.nlpc.org). Also available is a union-by-union and state-by-state index of all Union Corruption Update articles.
If you have story ideas or suggestions for future editions of Union Corruption Update, please email NLPC at nlpc@nlpc.org. Thank you.
Union Corruption Update is part of NLPC's Organized Labor Accountability Project which is investigating and exposing corruption in the Teamsters, LIUNA, AFL-CIO and many other union organizations. NLPC is a nonpartisan, nonprofit foundation promoting ethics and accountability in government through research, education and legal action.
Union Corruption Update Article Index (by Union)
Union Corruption Update Article Index (by State)
Organized Labor Accountability Project