Who writes the Proviso Insider?

Myron Mackoff, the lawyer for Emanuel "Chris" Welch and Emily Robinson, in the matter of Odelson & Sterk vs. Proviso Insider have filed court documents that reveal the identities of all the people who write on the Proviso Insider blog.

Drum roll please....

The first two names you already knew:

Welch and Robinson (duh!)...

More drumroll...

There are two others....

More drumroll...

Ron Anderson, a member of the District 88 board of education and, last I knew, a D209 employee.

and...

Agarnon Stamps, D88's director of technology.

One time I was research all the cases of Proviso Insider defaming local figures. The person who was attacked the most on Proviso Insider was not Karen Yarbrough, Charles Flowers, Arnie Bryant, Mike Manzo, Tony Peraica or myself. The person who was attacked the most often, and arguably the most unfairly was, Nichelle Rivers, the D88 superintendent.

In hindsight it makes sense that two and a half D88 people were involved, since there was so much written about D88.

I believe Odelson & Sterk's strongest argument that Proviso Insider defamed Welch is regarding the claim Sterk counseled Melrose Park police officers to lie under oath to the federal grand jury that ultimately indicted seven, including then chief of policy Vito Scavo, then deputy chief Gary Montino and officer Ric Cervone, a member of the District 89 board of education.

From the response to the interrogatory:

Algarnon Stamps told Chris Welch in a casual conversation what he had heard about SD89 Board member Ric Cervone and attorney Mark Sterk. Welch mentioned this information to Emily Robinson in a casual conversation.

Earlier the interrogatory said Robinson wrote the entry in question.

I guess the interrogatory makes it necessary to depose Stamps. Stamps saying he told Welch the original story doesn't get Welch and Robinson off-the-hook so much as it puts Stamps on-the-hook.

I suppose I can see a scenario where Stamps thought he was making some conjecture or floating a scenario.

(I was in a room where a politician who was backing the late Penny Severns for Secretary of State was floating the scenario that Tim McCarthy, one of her two opponents in Dem primary, was not shot protecting President Ronald Reagan, but instead was at a hot dog stand at the time of attack and shot himself to cover his negligence. So, there's a tradition of circulating some scurrilous rumors in Illinois politics.)

And Welch played the game disseminating the rumor. But maybe Stamps did have a source for his information. It's still clear from the interrogatory Welch did not contact Stamps' source, and he doesn't seem to have cared enough to ask who it was. But this might be covered in a later interrogatory.

analysis of Welch's counter suit

Forest Park Review (Josh Adams) covered Emanuel "Chris" Welch's counter suit against Burt Odelson and Mark Sterk.

Background:

• Welch was president of the Proviso Township High Schools (District 209) board of education.
• Odelson & Sterk is a politically connected law firm. At this point O&S's most important patron is Cook County Board President Todd Stroger.
• The D209 board of education hired Odelson & Sterk.
• Odelson & Sterk made campaign contributions to Welch.
• The D209 board of education terminated Odelson & Sterk (and hired another politically connected firm Giglio & Del Galdo, now known as the Del Galdo Group).
• Proviso Insider wrote a blog post accusing Odelson & Sterk of criminal activity in the federal probe of the Melrose Park Police Department. (Proviso Insider defamed many other people, including, me (Carl Nyberg)).
• The identity of Proviso Insider was technically unknown, but based on the subject matter and perspective it was widely assumed Proviso Insider was either Welch or people working on his behalf.
• To identify Proviso Insider, the plaintiff in Sterk vs. Proviso Insider had to subpoena computer records that showed the computers used to post to Proviso Insider were at Sanchez & Daniels, Welch's employer. Sanchez & Daniels further provided that the addresses corresponded to computers at the work stations of Welch and Emily Robinson.
• Welch has now filed a counter suit claiming his former employer, James Roche, fired Welch for objecting to over billing by Odelson & Sterk.

In the original post on Proviso Insider (now removed) Welch included details of Odelson saying the over billing was going to campaign contributions.

I'm pretty sure the biggest recipient of Odelson & Sterk contributions in Proviso Township were elections where Welch was running (school board or state rep) or elections where school board candidates loyal to Welch were running.

The fact that Welch was the recipient of Odelson & Sterk campaign contributions for years, makes me highly skeptical that Welch didn't know the bills were being padded earlier. If the system worked for years with Welch being perfectly ignorant (an incredible premise in the first place) what happened that caused Welch to see the system for what it was?

Also, Welch is alleging Odelson & Sterk defrauded District 209. Has Welch filed criminal charges against Odelson & Sterk? Why not?

Has Welch initiated a District 209 suit to recover the money Odelson & Sterk billed illegitimately?

If Odelson & Sterk acted unethically in its conduct with District 209, an attorney who was aware of this unethical conduct was obligated to report this conduct to the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois. Welch is an attorney. Why didn't he file an ARDC complaint against Odelson & Sterk?

And when did Welch learn he had been sacked from Roche for firing Odelson & Sterk? Why did he wait until now to file this suit?

Here is some speculation on my part.

1. [This paragraph was removed as a result of Judge Martin Agran granting a temporary restraining order ICO Emanuel C. Welch v. Proviso Probe and Carl Nyberg (2008) on July 16, 2008.]
2. Welch is feeling the heat of the Sterk v. Proviso Insider suit. Welch knows the facts and the law are on Sterk's side. And the only way Welch can avoid the consequences of losing the case is to delay the resolution of the case or to convince Odelson & Sterk they have too much to lose pursuing the case.
3. In the deleted post on Proviso Insider there were anonymous that included further dirt on Odelson & Sterk. One of the posts provided details about a mistress of one of the parties involved. I think Welch was clearly saying, "I will make this painful for you [Odelson & Sterk] even if I lose."
4. The counter suit also allows Welch to make a weak claim, but a claim nonetheless that Sterk v. Proviso Insider does peripherally touch on his duties as president of the D209 board of education. This is an important fact to create since Welch and three of his allies have already voted over $22,400 of tax payer money to pay Welch's legal bills (delaying legal consequences is expensive work, y'know?) in the Sterk v. Proviso Insider case.

did a lawyer assist Cervone in obstructing justice?

I usually resist the temptation to debunk each story on Proviso Insider. My brother analyzed Proviso Insider as being “entertainment”, a sort of parallel universe created by the author(s). It is based on “what ifs” and wishful thinking.

But the spin on the Melrose Park PD indictments is interesting. See Proviso Insider.

Sources tell the Insider that one of the current police officers indicted is G. Ric Cervone, a board member in School District 89. Sources say Ric Cervone was probably indicted because he takes advice from Mark Sterk of Odelson & Sterk. Sources say both Mark Sterk and Burt Odelson are also about to be indicted.

Or Proviso Insider:

Sources tell the Insider that Burt Odelson and Mark Sterk of Odelson & Sterk, Ltd law firm will be indicted next by U.S. Attorney Patrick Fitzgerald. Sources tell the Insider that Mark Sterk was the attorney advising SD89 Board member Ric Cervone on how to lie to a grand jury. Sources also say Sterk was passing on fees for helping Cervone to Maywood SD89.

Proviso Insider says one of the Melrose Park police officers was coached to lie to the grand jury. This is not an exceptional insight. I heard this rumor when the cops were testifying and the indictment includes multiple obstruction of justice charges.

Proviso Insider claims that an attorney coached Ric Cervone to lie to the grand jury. The indictment doesn't name any attorneys, but it doesn't seem impossible that the attorneys played a role in helping Cervone and others to create a plausible defense.

Proviso Insider names Mark Sterk as the attorney who coached Cervone to lie. This part makes less sense. Proviso Insider claims Sterk helped Cervone because of their relationship at District 89 (Maywood and Melrose Park elementary schools). Cervone was on the board and Sterk was the board's attorney.

Why would Cervone turn to the school district attorney for help? He had a lawyer paid for by the Village of Melrose Park to work on this case.

If a lawyer coached Cervone to lie, it seems more likely it was either the attorney hired by Melrose Park to work on the case, Anthony Onesti, or, possibly, the village's general counsel Giglio & Del Galdo. Giglio & Del Galdo are large political contributors to Melrose Park village president Ron Serpico.

From the indictment:

COUNT TWO
38.It was further part of the scheme that on or about September 21, 2005, after learning of the existence of the federal criminal investigation, including the Grand Jury Investigation, defendant CERVONE met at the Police Department with Day Shift Officer 1 and Officer A and provided them with false information about their accumulated time due and how they had earned it, well knowing that time due was being investigated by the Grand Jury and with the intent that Day Shift Officer 1 and Officer A would present the false information to the grand jury and federal agents.
39.It was further part of the scheme that on or about September 21, 2005, after the meeting described in paragraph 38 above, and after learning of the existence of the federal criminal investigation, in the Grand Jury Investigation, defendant CERVONE again met with Officer A at CERVONE's home in Melrose Park, during which CERVONE directed Officer A to lie to federal agents and the grand jury about how Officer A earned his time due so as not to implicate CERVONE and defendant SCAVO.

COUNT TEN
2.On or about December 26, 2003, in the Northern District of Illinois, and elsewhere, VITO R. SCAVO and GUY RIC CERVONE, defendants herein, for the purpose of executing and attempting to execute the above-described scheme, knowingly did cause to be transmitted by means of wire communication in interstate commerce a writing, sign, and signal, in that defendants SCAVO and CERVONE caused a wire transfer, of which $2,149.21 represented Officer A's salary for the par period ending December 31, 2003, from Melrose Park's bank account at Banco Popular in Melrose Park to an ADP bank account through the Federal Reserve's facility in New Jersey;
In violation of Title 18, United States Code, Section 1343, 1346, and 2.

COUNT ELEVEN reads like COUNT TEN except the date is August 17, 2005.

COUNT NINETEEN
2.On or about September 21, 2005, at Melrose Park, in the Northern District of Illinois, Eastern Division, GUY RIC CERVONE, defendant herein, corruptly endeavored to influence, obstruct, and imped, and to influence, obstruct, and impede the due administration of justice, namely:
a. CERVONE provided Day Shift Officer 1 and Officer A with false information about their time due and how they accumulated it, well knowing that time due was being investigated by the grand jury and with the intent that Day Shift Officer 1 and Officer A would present the false information to the grand jury and federal agents; and
b. CERVONE directed Officer A to lie to federal agents and the grand jury about how Officer A earned time due so as not to implicate defendant CERVONE and Scavo;
In violationof Title 18, United States Code, Section, 1503.

Let's assume Cervone was going to work with a lawyer to concoct a story to protect himself or the enterprise from federal agents or the grand jury detecting the illegal acts. Which lawyer does it make the most sense for Cervone to engage? Or turn the question around. Which lawyer has a motive to approach Cervone about lying to the feds?
a. Mark Sterk
b. Anthony Onesti
c.Giglio or Del Galdo

Onesti and probably Giglio & Del Galdo already knew the facts of the case. If the feds brought down the enterprise Sterk wouldn't lose anything. He'd still have the same legal accounts. However, if bringing down the enterprise resulted in Ron Serpico losing his position as village president Giglio & Del Galdo would lose many of their most lucrative legal clients. Onesti got tapped for the MPPD contract because of his close relationship with Giglio & Del Galdo.

If Cervone worked with a lawyer on concocting a cover story it seems much more likely it was either Onesti or one of the lawyers at Giglio & Del Galdo.

What did Mike Del Galdo tell me at the special meeting of the District 209 board of education, “If you want to get treated like a professional you have to act like a professional.” Wouldn't it be ironic if unprofessional behavior got Del Galdo convicted? Hey, Mike, there's more to being professional than wearing a suit and sucking up to those in power.

BTW, props to Shamus Toomey for this lead, Sun-Times (Shamus Toomey):

The feds Thursday called it "an illegal racketeering enterprise."

In Melrose Park, it was known as the police department.

FPR coverage of D209 switching law firms

Forest Park Review (Josh Adams) wrote about Proviso Township High Schools (District 209) terminating Odelson & Sterk as the district's law firm and hiring Giglio & Del Galdo.

Odelson & Sterk is a politically connected law firm that is most closely associated with President of Cook County Board Todd Stroger, at this point. Odelson & Sterk also seems to have synergy with James J. Roche & Associates. Roche is (or was) the law firm of Emanuel "Chris" Welch.

Giglio & Del Galdo is a politically connected law frim tha tis most closely associated with Melrose Park Village President Ron Serpico, at this point. When Giglio & Del Galdo tried to get the District 209 business in the past, Burt Odelson made an issue of the firms questionable activities in Cicero.

The vote to hire Giglio & Del Galdo was... out of the ordinary. The vote initially failed three yeahs (Adams, Cox and Welch) to three nos (Flowers, Foreman and Kelly) and one abstention (Henry).

After moving on to other business and without holding any further public discussion on the issue, Welch announced that Henry and another board member had changed their vote, thus awarding the district's business to Giglio and Del Galdo.

I'm not a lawyer (IANAL), but that seems like it just ain't right. If board members can change their votes after the fact, couldn't public meetings go through the whole agenda without taking any votes and then have board members submit paper ballots with "yes" or "no" checked next to each motion?

Robert Cox, a newly elected board member from Forest Park, voted to bring in the new legal firm largely out of fiscal concerns, he said. Based on information provided by the superintendent, Cox said he understood that Odelson and Sterk was attempting to bilk the district out of money.

Bob Cox is a nice guy. I believe he means well, but... Just because Odelson & Sterk were billing more than the district wants to pay hardly proves that Giglio & Del Galdo will reduce the legal bills.

BTW, Cox was the treasurer for the Proviso First Party. I'm curious if Giglio & Del Galdo was a big contributor to Cox's election.

Also, you can read the Forest Park Review editorial.

I guess my comment on the editorial is that Forest Park Review probably should have spent more ink being concerned about the source of the Proviso First Party's campaign contributions before the election. Post-election hand wringing seems like closing the barn door after the cows have left.

In fairness to the Forest Park Review, the Citizens For Better Schools--the slate running against the Proviso First Party--didn't raise this issue very effectively as part of their campaign.

ADVERTISEMENT: Remember Tuesday thru Thursday The Laundry Room has 75 cent washes. And it has free wi-fi 24/7. Help John keep laundry cheap. The Laundry Room, 216 Des Plaines, Forest Park.

GOV, District 209 changes law firms and insurance brokers [D209]

I missed tonight's District 209 (Proviso Township High Schools) board meeting.

Apparently the board fired Odelson & Sterk as the district's law firm. Giglio & Del Galdo has been hired to replace Odelson & Sterk. [UPDATE2: See this entry for Burt Odelson's critique of Giglio & Del Galdo.]

Odelson & Sterk is closely connected to Cook County Board President Todd Stroger. Cook County Recorder of Deeds Eugene Moore is an ally of the Stroger family.

Giglio & Del Galdo are allied with Melrose Park Village President Ron Serpico.

So, Serpico has outfoxed or out-muscled Moore for the lucrative legal business of the district.

Also, Moore lost the insurance business for the district. Moore had been getting $18,000 per month through his business EMM & Associates for being the district's broker of record. See Forest Park Review (Josh Adams).

A rumor from a normally reliable source says board president Emanuel "Chris" Welch has been fired by his law firm James Roche & Associates. Roche & Associates and Odelson & Sterk share many of the same clients.

Anybody have any comments or insights about tonight's board meeting?

[UPDATE: I received information that says Odelson & Sterk was terminated, but Giglio & Del Galdo was not hired last night. I'm going to confirm what happened with Giglio & Del Galdo.]

GOV, proposed statement for Broadview hearing on strip club & bar [BV, W]

Monday, March 5, the Village of Broadview board of trustees will consider the application of Chicago Joe's Tea Room, LLC, to for a special use permit to operate a 24/7 strip club & bar.

I can't be there, but I hope someone makes a statement like this...

“I am concerned that Odelson & Sterk have a conflict of interest because of the financial interconnectedness of Odelson & Sterk with James J. Roche & Associates and the individual lawyers who work there.

“While Roche is not the lawyer for Chicago Joe’s Team Room in this matter, he remains listed as the agent for Chicago Joe’s Team Room.

“When Joe Inovskis testified before the plan commission and the zoning board he said that he owned the entire corporation, Chicago Joe’s Team Room, and he described Roche as one of the lawyers who works for him.

“Odelson & Sterk makes considerable money working for James J. Roche & Associates’ Emanuel “Chris” Welch (in his capacity as president of the Proviso Township High Schools board of education). Further, the firms refer work to each other, for example in Orland Hills.

“Recently Burt Odelson and Mark Sterk supervised the lotteries for school board candidates in both District 89 (Maywood and Melrose Park). In both lotteries all the top ballot positions went to allies of Chris Welch. In both cases there were allegations the lotteries were conducted improperly and some people feel Odelson and Sterk implemented rigged lotteries.

“Given these existing relationships between the firm representing the Village of Broadview and one of the firms representing Chicago Joe’s Tea Room I recommend the Village of Broadview table this issue until another firm is hired to replace Odelson & Sterk in this matter.”

PO-PO, Daily Southtown exposes police chief as liar [D209]

Kyle Hastings draws a six figure salary from Proviso Township High Schools, District 209 as director of auxiliary programs. He's also the mayor of Orland Hills.

The Orland Hills police chief was recently deposed about a bar, Fire and Ice. The chief claimed ignorance of things he told the Daily Southtown about in an interview. See Daily Southtown (Lauren FitzPatrick). The paper pretty much called the chief of police a liar.

What law firm is representing Orland Hills in this litigation? Odelson & Sterk, District 209's law firm.

Mark Sterk had a good quote.

Orland Hills attorney Mark Sterk, who represents Laveck in this case, said that the Southtown article doesn't prove anything.

"I don't believe anything I read in the paper unless it's a line score from a sporting event," Sterk said.

Sterk can attack the credibility of newspapers, but I think most people trust the newspapers more than they trust lawyers, especially from law firms that double as political hacks.

Other Orland Hills officials, including Mayor Kyle Hastings and village administrator John Daly, did not return several calls to comment. The head of the Fire and Police Committee, Trustee Cal Million, declined to speak on the record....

Casper and the bars have settled. Attorneys continue to depose village officials and seek to question Hastings, as well.