How is the Defense Spending the Taxpayer's Money?

[Sparky]

Ya think? I am not sure any other PI (or attorney as one poster says called) would be willing to work for less than the $40 per hour wage that the JAC pays. And I can't believe, either, that Lyons would be willing to share his cut. moo.

I was just thinking, I, as another PI or Atty wouldn't sit there and make those calls without getting some kind of compensation. I also wouldn't make that 2 hr drive each way just to go home and come back the next day.

And...where did he come from anyways? Why not use a local PI? I'm sure there are plenty of good ones in Orlando and the surrounding areas.

 

[ExpectingUnicorns]

Yes, Judge Perry has caught Baez red-handed not complying with JAC policies. Caught red-handed approving for types of services/hours that are outside the JAC policies for "investigators." At least that's how I see this.

You're right, Sun; I see it that way too. JB signed each and every submission Lyons made for his billing to JAC. One lied and the other swore to it.

 

[Sparky]

"30-Aug-10

Go to OCSO Sector 2 for information. Go to OCSO Headquarters for information. Review and provide updated witness list to Attorney. Attempt to interview witness. Not home. Go to HOE for information. Speak with OCPS Legal Division. Interview witness. Attempt to interview witness. Meet with other investigator.

12.5 (hours)

Picking up information is task for a runner/courier. Lack of detail, need to know how many pages were reviewed and more detail as to what HOE is."

What other investigator?

And what is HOE?

Well...here in Orlando we have a road we call "The Trail" it's where all the Hoe's hang out and they send investigators in undercover to bust them, so....maybe he was doing some undercover work he's trying to get paid for.

 

[Numbers]

Well...here in Orlando we have a road we call "The Trail" it's where all the Hoe's hang out and they send investigators in undercover to bust them, so....maybe he was doing some undercover work he's trying to get paid for.

Good one, Sparky!

Now tell me about the "other investigator." Seems if they can pay another investigator, then Ms Anthony would not be considered indigent, eh?

 

[sleutherontheside]

Yes, the one that called you was the one that called me and left a message on hubby's cell. I also noticed PI Lyons was at the courthouse for 10 hrs one day. Maybe I read that wrong, but I thought the courthouse was open from 8-5. That's 9 hrs and didn't they break for lunch?

And...all that driving around...you know how far it is to Deland from Orlando and what the gas prices are here. I could almost bet you he is padding those invoices to cover those expenses among others.

I can't help but wonder if the ten hours were partially allocated for......... some of the extra elves errrrr I mean "helpers" that were making calls, or if he included his time from his arrival in town until his departure.

Having used an investigator recently, I can tell you he listed his arrival time at "location" as well as his odometer reading upon arrival......and recorded his departure time from location and documented his next planned location stop before putting the car in drive.

 

[beach]

Yes, the one that called you was the one that called me and left a message on hubby's cell. I also noticed PI Lyons was at the courthouse for 10 hrs one day. Maybe I read that wrong, but I thought the courthouse was open from 8-5. That's 9 hrs and didn't they break for lunch?

And...all that driving around...you know how far it is to Deland from Orlando and what the gas prices are here. I could almost bet you he is padding those invoices to cover those expenses among others.

BBM

RBBM, Sparky. Good catch!

"Hours of Operation:

The Clerk’s Office is located on the first floor in Room 1200. Hours of operation are 8:30 a.m. to 4:00 p.m."

http://www.flmd.uscourts.gov/Division/OrlandoDivision.htm

I've been busy today so I have skimmed this thread (no chance to review the docs MM posted for us). These posts about the invoice listing "courthouse" for 10 hours caught my attention. JLyons was at the courthouse for a very long time on one of the days he was assisting the defense calling TES searchers. He sure seems to be vague in his (non)descriptions.

my :twocents: fwiw

 

[Sun]

http://www.justiceadmin.org/ind_for_cost/IFC P&P.pdf

Investigators --Any private investigator providing services in Florida must be licensed pursuant to Florida law. JAC is not authorized to pay for any private investigator services provided in Florida by a person not properly licensed pursuant to Florida law.

The role of a private investigator is limited to providing investigative services such as locating and interviewing witnesses; locating and securing documents and other evidence relevant to the case; performing background checks; and researching any other factual issues relevant to the case such as credibility and character of witnesses. Where private service of process is authorized, an investigator can also serve subpoenas on ordinary non-law enforcement witnesses; however, the investigator can only bill the flat rates applicable for private service of process regardless of the amount of time spent serving the subpoena. An investigator is not a substitute for a paralegal or secretary and cannot be used to perform administrative tasks including, but not limited to, retrieving discovery from the state attorney; copying documents from a court file; delivering materials to the defendant; or any other tasks of a paralegal or secretarial nature.

 

[Sun]

I'm not understanding why the investigator is being paid for attending defense team meetings. And, Lyons has billed quite a lot of hours for doing this.

 

[logicalgirl]

RBBM, Sparky. Good catch!

"Hours of Operation:

The Clerk’s Office is located on the first floor in Room 1200. Hours of operation are 8:30 a.m. to 4:00 p.m."

http://www.flmd.uscourts.gov/Division/OrlandoDivision.htm

Yes, and if HHJP glances over this report he's going to pick that one out for sure!

 

[logicalgirl]

RBBM, Sparky. Good catch!

"Hours of Operation:

The Clerk’s Office is located on the first floor in Room 1200. Hours of operation are 8:30 a.m. to 4:00 p.m."

http://www.flmd.uscourts.gov/Division/OrlandoDivision.htm

I hate to nit-pick but I don't think JAC pays the investigator while he take an hour off for lunch either.

 

[Numbers]

I hate to nit-pick but I don't think JAC pays the investigator while he take an hour off for lunch either.

*Not* nit-picking is what Baez is counting on. So - please - nit-pick away!

 

[faefrost]

Oh haha!!

Nice. And this:

A question for those familiar with the nuances of attorney billings and payment once a defendant is declared indigent. Am I incorrect in assuming that; A. A previously paid attorney is limited to payment received or agreed apon, and can only depart if fired by the client and approved by the judge. B. Paralegals and law clerks come out of the attorneys budget, not the JAC's. So JB should be footing the bill for his paralegals and paying for it out of the $90k he had previously received? and C. The rather blatant implication of this exhibit A filing by the JAC is that they suspect that at least 1 member of the defense (JB) has been cutting corners by utilizing JAC paid resources (the PI) for internal clerical functions that the taxpayers should not be footing the bill on?

is this as problematic as it sounds? And is there any actual repercussions to it?

 

[Sun]

Oh haha!!

Nice. And this:

I made that Exhibit A page just to show what it was. I skipped getting the 26 pages to save money, it's gotta be here somewhere....

http://www.justiceadmin.org/faq/Training Modules/InvestBilling1.pdf

I think this is a link to view the 26 pages contained in Exhibit A

 

[sumbunny]

Examples of service for investigative services.



An investigator/mitigation specialist may bill for:

Interviewing and locating witnesses

Locating documents

Performing background checks

Researching factual issues
Service of process

An investigator/mitigation specialist may not bill for:

Picking up discovery from the state attorney

Copying documents from the court file

Delivering materials to the defendant

Any administrative tasks such as work of a paralegal or secretarial nature

JAC does not provide reimbursement for clerk of court charges for documents provided to an indigent defendant

Researching factual issues is going to be a huge issue, since they are fishing for any kind of relevant information.

 

[logicalgirl]

Examples of service for investigative services.



An investigator/mitigation specialist may bill for:

Interviewing and locating witnesses

Locating documents

Performing background checks

Researching factual issues
Service of process

An investigator/mitigation specialist may not bill for:

Picking up discovery from the state attorney

Copying documents from the court file

Delivering materials to the defendant

Any administrative tasks such as work of a paralegal or secretarial nature

JAC does not provide reimbursement for clerk of court charges for documents provided to an indigent defendant

Researching factual issues is going to be a huge issue, since they are fishing for any kind of relevant information.

Thanks so much for this information. What about sitting in on defense meetings? I don't understand why he would need to do that. He would only need to informed of the results - would he not?

 

[Muzikman]

http://www.justiceadmin.org/faq/Training Modules/InvestBilling1.pdf

I think this is a link to view the 26 pages contained in Exhibit A

This is exactly what Exhibit A is. Thanks for finding it, Sun!

 

[sleutherontheside]

Before I even read the billing and JAC response.......I made these notes.... My thoughts in red.

3/27 Team meeting 6.5 hours. What attorney dedicates 6.5 hours on one billing date for a "team meeting"??

4/5 ATTEMPT to interview witness. So....it is justified to stalk the residence of a POTENTIAL witness for more than 2 hours?????

4/12 Consult with defense atty, review tape, draw up affidavit. "It takes 3 hours?????"

4/13 Review and sign affidavit. 1 hr "It takes an hour to review what you drafted the day before?????:

5/19 Canvass area..... So in other words....drive around aimlessly????



7/30 2.8
7/31 8.7
8/1 5.5
Defense meetings and visiting scene.

"Ummmmmmmmmmm how is it that this month he bills by minute increments yet prior to this he bills on the whole hour????????? Hmmmmmmmmmmmm

Just have to wonder about the timing discrepancies between billing periods. Hmmmmmmmmmm

 

[sumbunny]

To quote page 10 of sun's link

"When listing investigative activity, list date and amount of time (in tenths of an hour), type of activity, and brief description for each activity separately. Avoid aggregating investigative activities into block entries"

He comes nowhere close to listing his activities in tenths of an hour

It's very apparent Baez and company did NOT read up on how to submit bills to the JAC for investigative services.

 

[sleutherontheside]

His discrepancy in billing time is suspect enough.

 

[sumbunny]

Page 22 :

When JAC issues a Billing Audit Deficiency, the investigator and/or attorney needs to provide the additional documentation or otherwise resolve the Billing Audit Deficiency in expeditious fashion. Failure to resolve the Audit Deficiency may result in JAC paying the billing at a reduced rate or returning the bill.

UH OH--might be getting paid the reduced rate P.I lyons!!