Judge Vince Biskupic’s Conflict Of Interest In Outagamie Co. Case #2014-CF-1027, State of Wisconsin v. Jay Fuss; Plus: Oneida Housing Authority Problems Linger [UPDATE: Biskupic Recuses Himself]

UPDATE: According to updated Court records Vince Biskupic applied for recusal on Friday, January 23, 2015, the day after Oneida Eye forwarded the following post to him, Outagamie DA Carrie Schneider, and ADA Peter Hahn who is prosecuting the case.

 

Oneida Eye has previously reported (Vince Biskupic’s Shady ‘Justice For Sale’ Deals & The Oneida Business Committe’s Employment of Biskupic Legal Group As Counsel for Oneida Housing Authority Audit Matters) that on February 3, 2014, the Oneida Business Committee approved an attorney contract for the Biskupic Legal Group to act as counsel for Oneida Housing Authority (OHA) audit matters despite Vince Biskupic’s record of unjustly letting some people buy their way out of criminal charges.

Court records show that on December 12, 2014, controversial former Outagamie County District Attorney Vince Biskupic – who is currently an interim Outagamie County Judge after being appointed by WI Gov. Scott Walker (for whom Vince’s brother Steven Biskupic served as campaign attorney) following the retirement of Judge Dee R. Dyer – applied to recuse himself from Outagamie Co. Case No. 2010FA151, in RE the marriage of Kenny F. Delabreau and Dawn M. Delabreau, on the basis of “Disqualification per Statute §757.19” with the reason being cited that Vince Biskupic:

Represented Oneida Housing Auth. Dawn’s employer & have significant background info on Dawn-conflict.

Vince Biskupic is expected to be a Republican candidate for the Outagamie County Branch 6 judgeship in the election scheduled for April 2015.

During the time period covered by the OHA audit which Biskupic Legal Group was hired by OBC to provide counsel regarding, Tribe member Jay Fuss was acting OHA Construction Superintendent.

Court records show that subsequent to a request by Jay Fuss’ attorney, Brandt Swardenski, on December 26, 2014, Vince Biskupic was given a judicial assignment order on January 7, 2015, to be a substitute for Outagamie Judge Mark McGinnis in Outagamie Co. Case No. 14CF1027State of Wisconsin v. Jay L. Fussregarding a felony charge of “Vehicle Operator Flee/Elude Officer.”

Future Court Activity in that case is listed as ‘Arraignment’ and scheduled for 11:45 a.m. on Monday, January 26, 2015, at the Outagamie County Branch 6 Justice Center, Courtroom #6.

Below are other documents about court activities regarding the December 17, 2014, incident in the Town of Freedom as outlined in the Complaint in Outagamie Co. Case No. 14CF1027:

…Deputy Brozewski reports that on 12/17/2014 he was travelling eastbound on [County Highway] EE approaching [State Highway] 55 when a vehicle stopped at the stop sign in front of him. Deputy Brozewski reports the vehicle in front of him proceeded eastbound on CTH EE and Deputy Brozewski observed the vehicle having a difficult time maintaining its lane of travel as it was drifting from fog line to center line and back. Deputy Brozewski reports the vehicle approached the stop sign at CTH EE and CTH E and started to turn right onto CTH E before stopping. Deputy Brozewski followed. Deputy Brozewski reports the vehicle continued to weave between the fog line and the center line and then crossed the center line as they approached Tip Road. Deputy Brozewski reports the vehicle accelerated at a high rate of speed before he conducted a traffic stop. Deputy Brozewski reports the vehicle was travelling in excess of 120 MPH. Deputy Brozewski reports he activated his emergency lights and siren and the vehicle did not yield.

Deputy Brozewski reports the vehicle turned left onto CTH J and travelled southbound. Deputy Brozewski reports he continued to pursue the vehicle which again exceeded 120 MPH. Deputy Brozewski reports the vehicle slowed and stopped on CTH J approximately 0.2 miles north of Van Asten Road in the Town of Freedom, Outagamie County, WI. Deputy Brozewski reports he estimated the distance from the location where he activated his emergency lights to the location where the vehicle stopped to have been approximately 2 miles.

Deputy Brozewski reports he identified the driver and sole occupant of the vehicle by WI driver’s license as Jay L. Fuss (DOB: 2/24/1966). Deputy Brozewski reports Fuss acknowledged he heard the siren and saw the lights and knew the police were behind him. Deputy Brozewski reports Fuss admitted to consuming alcohol and submitted a [Preliminary Breath Test] with a result of 0.183. Deputy Brozewski reports Fuss was arrested for OWI.

Deputy Brozewski reports the above incident occurred in the Town of Freedom, Outagamie County, Wisconsin.

In addition to the criminal felony fleeing/eluding an officer charge, related charges were filed in the following cases regarding the December 17, 2014, incident in the Town of Freedom:

Future Court Activity in both of those cases is listed as ‘Intake’ scheduled for 10:30 a.m. on Wednesday, February 25, 2015.

Oddly enough, Jay Fuss has not yet been charged with Operating While Intoxicated (OWI) despite Deputy Brozewski’s report that Jay Fuss’ PBT result during the December 17, 2014, traffic stop showed a blood-alcohol level of 0.183.

Perhaps the delay is due to the fact that Outagamie Co. prosecutors are still dealing with Jay Fuss’ OWI and speeding charges related to an incident in the Town of Freedom on January 9, 2014:

Court records show show that a Review Hearing in the latter case is scheduled for 8:30 a.m. on Friday, March 27, 2015.

Given that Vince Biskupic recused himself in a previous court case due to the Biskupic Legal Group having been hired by the Oneida Business Committee as counsel for Oneida Housing Authority audit matters, it only makes sense that he should recuse himself not only from any case involving Jay Fuss – who was OHA Construction Supervisor during the period under scrutiny – but also from any case involving any member or employee of OBC and OHA, and perhaps from all Oneida Tribe members’ cases for that matter.

Besides his multiple OWI’s and his attempted felony evading/eluding an officer at 120 MPH, could Jay Fuss actually have even bigger legal problems to consider regarding any possible investigation of the Oneida Housing Authority and the Oneida Tribe of Indians of Wisconsin by the Federal Bureau of Investigation?

According to a Memo dated December 5, 2014 with the subject matter, ‘Contracting Exception due to Oneida Housing Investigation’ regarding the Tribe’s contract with Attorney’s Process & Investigation Services, Inc. (API):

Reason
This report is being submitted to comply with the BC Continuing Resolution 09-24-14-A that requires a report be submitted regarding approval for expenditures for consulting contracts.

Background
The 2013/2014 contract with API to perform research and consultation services on [U.S. Dept. of Housing and Urban Development] administered funds and Oneida Housing operations has just recently concluded. The final payments occurred in 1st quarter of 2015 following their final reporting and transitioning of all information to appropriate authorities.

Justification
The project was pursued to protect the Oneida Tribe and to fulfill fiduciary and legal responsibilities for ethical stewardship over Federal Grant dollars in accordance with Federal Laws & Regulations. The CFO and Consultants recommended the Tribe retain Third Party Legal Counsel to protect the sensitive information while determining the Legal Duty of the Oneida Business Committee. That contract has expired however.

API has completed the necessary review and transition of documentation from this investigation.

The funding is all Tribal Contribution.

Have the real problems that resulted in OHA’s internal and external audits & investigations including a possible ongoing investigation by the FBI, plus the hiring of “Third Party Legal Counsel” such as the Biskupic Legal Group, been addressed at all? (Maybe it’s Maybelline.)

According to the latest OHA Quarterly Report by Dale Wheelock who was reinstated on December 1, 2014 as OHA Executive Director after the Oneida Appeals Commission reaffirmed the Oneida Personnel Commission’s determination that he had been a victim of “intimidation” and “harassment” by former OBC Treasurer & current Chair Tina Danforth, HR Director Geraldine Danforth, and especially former OBC Chair Ed Delgado:

The last quarter provided no progress in resolving the Inventory System. The action needed is to hire an Inventory/Warehouse Mgr. and Inventory/Clerk to set up the implementation and maintenance of the system. Cost Containment to freeze all new hires stops all progress to complete this open audit finding since April, 2012. OHA has the financial resources to fund the positions and equipment necessary to close out this audit finding. Network connectivity of the warehouse and OHA office and Accounting is the secondary element that need to close out the audit finding.

Here’s a cost-analysis question: How much would it cost to resolve the problem of OHA inventory controls versus the costs of people abusing the lack of oversight for personal gain and to the benefit of certain officials/employees who should be able to afford honest contractors? Answer: A helluva lot less. (Oneida Eye Consulting will send you an invoice for our analysis, OBC. You’re welcome.)

The OHA Executive Director’s report also seems to address recent questions whether the Tribe’s ability to draw down HUD funding has been halted for 2016:

As some of the OBC/[Tribal Designated Housing Entity] members are new regarding HUD requirements, I feel the tribe/TDHE needs to be aware of Total Development Cost (TDC). “The tribe/TDHE is responsible for ensuring that the amount of funds from all sources used to construct each unit does not exceed the TDC limits.” “Units that improperly exceed TDC limits without approprite HUD approval will not be deemed to be ‘affordable housing’ and all [Indian Housing Block Grant] funds expended on such units will be disallowed.”

There’s a joke that ‘HUD’ actually stands for ‘Hope U Die,’ but it appears that what’s been killing the Oneida Tribe’s chances for creating affordable, sustainable housing on the Oneida reservation is the unwillingness of the Oneida Business Committee to hold wrongdoers accountable to protect the health, safety & welfare of Oneida people.

Therefore, Oneidas have to hold OBC and the Oneida Law Office meaningfully accountable.

Allow problems to fester resulting in the hiring of third party auditors, investigators, and legal counsel while suffering the ongoing denial of federal housing funds OR just cut the crap and end the corruption? Decisions, decisions…

Maybe the final answer will be receivership.

In the meantime

the future won’t wait.


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