Jay Town and Mark Croswhite at Moon Shine Lounge
U.S. District Judge Abdul Kallon wrote during the North Birmingham Superfund bribery trial that grand-jury testimony indicated more than one or two Balch & Bingham attorneys were involved in the scheme to bribe former State Rep. Oliver Robinson (D-Birmingham). David Roberson, the former Drummond Company vice president who was convicted in the case (along with former Balch lawyer Joel Gilbert), later told The Washington Post that roughly 20 Balch attorneys were involved in the scandal.
So why were only two Balch lawyers indicted in the case -- and Steven McKinney eventually was dismissed? How many bad actors did federal investigators miss, because of false testimony, doctored evidence, or orders from someone above their heads? Those questions hang heavy in the air, especially now that Balch has been returned as a defendant to Roberson's $75-million civil case -- and evidence mounts that the criminal trial might have only scratched the surface of possible wrongdoing.
Those questions, and more, receive an airing at banbalch.com under the headline "More Federal Criminal Indictments Needed Against Three Stooges." Writes Publisher K.B. Forbes:
In 2017, we asked, who on Balch’s Executive Committee knew about the bribery scheme?
As the judge in the criminal case wrote during the trial, “[Balch partner Joel I.] Gilbert told the grand jury that others at the law firm ‘were aware of [the] engagement’ of Robinson on behalf of Roberson’s employer, and Defendant [Balch partner Steven] McKinney testified that Gilbert told him that ‘the government affairs guys vetted [the agreement with Robinson’s Foundation] and said it was okay.'”
But Gilbert had lied to McKinney as he had done to Roberson.
David Roberson told The Washington Post in 2020 that beyond convicted felon and ex-Balch partner Joel I. Gilbert, allegedly another 20 Balch & Bingham attorneys were involved in the North Birmingham Bribery Scandal.
So how many Balch partners or attorneys were involved in stamping their seal of approval on the purchase of corrupt politician Oliver Robinson?
How many more individuals at Balch knowingly were involved in processing the over $360,000 in bribes to Robinson?
That might be the single biggest question surrounding the Superfund Scandal, and answers could flow from the Roberson civil case. But the matter should not end there, Forbes writes, pointing a finger directly at the "Three Stooges" referenced in his headline:
With the Alabama Supreme Court saying Balch must stand trial for fraud in ex-Drummond executive David Roberson’s $75-million civil lawsuit, more criminal indictments are needed.
The Three Stooges of this horrific saga known as the North Birmingham Bribery Scandal need to be held accountable.
The rebirth of the North Birmingham Bribery Scandal may go on for another three or four years in secret, in a sealed and closed Star Chamber.
However, federal investigators can and must dig deep into the shenanigans.
Larry, Curly and Moe have been replaced by “Lying” Balch, “Confused” Drummond, and “Unmentionable” Alabama Power.
As for doctored evidence, signs of that have only grown since the criminal trial. Writes Forbes:
How many documents, invoices, and/or emails have been tampered with and by whom?
On December 1, 2014, convicted ex-Balch & Bingham partner Joel I. Gilbert dispatched a letter of intimidation to GASP, the health and environmental public charity that they tried to undercut.
According to Balch billing documents, Gilbert may have been on vacation the week of Thanksgiving 2014, because his last billing is for Friday, November 21, 2014. The letter is dated December 1, 2014, a Monday, but nothing shows up in the December billings.
Who paid for that letter? Were there alterations of billing documents and invoices?
Balch allegedly may have provided a manipulated invoice to federal authorities during the North Birmingham Bribery Trial as the original invoice.
Drummond claimed in pleadings before the Roberson case was sealed in its entirety that “Balch’s first draft of the invoice was incorrectly addressed to Blake Andrews (the company's general counsel) …”
Drummond’s lawyers were so furious that the original invoice was being used in the $75 million civil lawsuit, Drummond even subpoenaed the former secretary of convicted felon and ex-Balch partner Joel I. Gilbert. She handwrote “It should be David Roberson” on the invoice.
Who really cares who actually scribbled down the change?
The undisputed fact is the original invoice was changed. Was Roberson duped, signed off on the corrupt invoice, and set up as the “fall guy?”
Federal investigators need to only look at an example of the alleged alteration of evidence in the Newsome Conspiracy Case—the future RICO suit against Balch that currently is awaiting further indictments.
Nothing should surprise federal investigators. Nothing.
What about a possible immunity deal that likely would have allowed Roberson to shine stark light on the scandal -- and kept him out of prison? Why was it rejected?
According to sources, the federal government wanted Roberson to honestly testify about the alleged bribes from Drummond Company to politicians.
The testimony the feds also sought included details of an alleged bribery ring of “do-not-ask” but “just-send-the-check” co-conspirators. But Roberson’s criminal attorneys allegedly rejected a full-immunity deal. Roberson would be a free man today.
With the criminal attorneys being paid generously by Drummond Company, some observers wonder: Was the rejection of the immunity deal done solely for Drummond’s benefit at Roberson’s expense?
Meanwhile, the Matrix Meltdown, which includes revelations about Alabama Power, slowly is playing out in Alabama and Florida. Where might that lead? Forbes provides clues:
What really angered Alabama Power is the alleged secret deal with disgraced U.S. Attorney Jay E. Town in which Alabama Power was “unmentionable” during the criminal trial. Company representatives have called the allegations a “conspiracy theory.”
The jaw-dropping photos of Town and Crosswhite at the Moon Shine Lounge are not a “conspiracy theory.”
Now Alabama Power has more controversy, with alleged secret indemnity agreements and multi-million-dollar contracts not requiring detailed invoicing.
The Matrix Meltdown is causing a storm of documents to be leaked and a published report outlined how Alabama Power allegedly dished out $2.5-million to Joe Perkins, the founder of the obscure political consulting firm Matrix, without the need to provide itemized invoices.
For years, incredible rumors and colorful innuendo circulated around Matrix, now in the middle of an ugly, two-state divorce between founder Joe Perkins and his once-protege Jeff Pitts.
The allegations include using actors, smearing political opponents, setting up AstroTurf campaigns, hiring brain-dead journalists, engaging in fear-tactics, and more.
Federal investigators reportedly are sniffing along that trail. Where, and to whom, might that inquiry lead?