We get exactly, precisely, what we deserve: a nice big fat kick in the nuts.

The latest federal indictment of former State Senator Lisa Smith for tax evasion, filing false election reports, and mail fraud, is just another example of exactly why this State's government, is a complete, and total joke.

What do the following incidents have in common: Lisa Smith's indictment, Greg Stowers' indictment and guilty plea, Logan Mayor Tom Esposito's indictment and guilty plea, the rest of the southern West Virginia politicos recently indicted and their pleas, Jerry Mezzatesta's ethics violations from 2004, Hank Marockie's nonsense, Arch Moore's conviction, and most every other political scandal we have had?

Does anyone notice a trend here? The trend is, that they all end up in FEDERAL courthouses. Nobody ever brings state criminal charges against these clowns, and when they do, it's a complete joke (like the Mezzatesta crap, where he wont' even pay his ethics fine). It's always the feds who try and clean up this mess. Why do we always complain about our State government being corrupt, when we elect the idiots who are supposed to be enforcing the laws on the corrupt officials?

There needs to be an independent agency, who's sole job it is, to investigate these types of political shenanigans. Forget the "ethics commission." They are even more pathetic than the jackasses they are supposed to be watching. The legislature could, if they wanted to, create a truly independent investigation wing, with some real teeth. They could do it. Hell, they created the Turnpike Authority, and gave it independence to the point it can raise the tolls, and the legislature and the governor run around saying, "Well, there's nothing we can do, they don't have to run that stuff past us. They are independent."

We can't even police our own crooks. Our politicians sit back and act impotent, and the only time anything gets done, is when the federal government gets involved. We act like we are supposed to be taken seriously as a state, and shed the barefoot hillbilly image, but our government is so corrupt, the only time anyone gets their head cracked, is when the feds step in. We are essentially 100% dependent on the Feds to make sure we have a decent and clean state government.

If the legislature can create something like the TA, they could sure as hell create an independent "SBI" (State Bureau of Investigations) or something. I know they are leery of giving the Attorney General's office prosecutorial power, because he's a politician too. That's why it needs to be done in some other independent agency (I guess the ethics commission is an attempt at that, but it's so pathetic, it's actually an insult to the average West Virginian it's so impotent). The Legislature and the Governor could do this, if they had the political balls, a backbone, and a real desire to provide good government to the people. As it is, they show themselves for what they are: gutless, pandering, pathetic, cowardly pigs simply gorging themselves at the public trough.

When Bill Charnock was elected Kanawha County prosecutor, the Mezzatesta thing was still kicking around. I remember Charnock talking about how he was going to go after "political corruption." He hasn't done squat. He's run around busting meth labs (and don't get me wrong, they need busted), and talked about what a great job he'd done (while, simultaneously, being caught for running his prosecutor campaign on the state's time and dime - so I guess we really shouldn't be surprised at his less than stellar record regarding political corruption). Why hasn't Charnock filed charges against Smith for filing those false reports? She must have filed them in Charleston, with the Secretary of State, so that'd be in his jurisdiction. Why hasn't he done anything about it?

Manchin was Secretary of State from 2000 to 2004. What did he do with regard to the election shenanigans in southern West Virginia? One of his moves was to eliminate his office's election fraud investigator. How in the hell, can you take an individual seriously about their desire to be tough on corruption, when that person takes action that directly removes the resources used in combating political corruption, especially when individual's main job responsibilities, is to ensure free, fair, and clean elections? Former Senator Lisa Smith filed those false campaign reports (see "Fatal Accountability" below) on Manchin's watch as Secretary of State. Why didn't he catch them? How is it the feds are able to ferret this stuff out, but State officials are seemingly more impotent than Bob Dole before the invention of Viagra when it comes to political corruption?

Betty Ireland, has been on the radio umpteen times the last year talking about the "new" voting machines. Jesus Christ. Do we need the Secretary of State spending all her time reassuring us of the "new" machines? Hell, we had crooked elections with the punch card ones, and it didn't have anything to do with the technology. What on earth, does the "new" machines (touch screen, optical scanner, whatever) do to protect us from the Greg Stowers and the other political vote buying scumbags in WV? Why doesn't she spend more time ferreting out the vote buyers, and quit wasting radio airtime and my tax dollars, telling me umpteen hundred times about the fabulous advantages of the "new" voting machines. I had no problem using the punch cards, I'm pretty sure I can touch a computer screen, or bubble in a circle on a piece of paper. Hell, I'd be happy to mark an "x" in a box, if I knew the Ireland was out there, cracking heads of the vote buyers. But, she doesn't do squat about them. Sure, she doesn’t have prosecutorial powers, but the local prosecutors do. And she could be working up the investigations, and then turn the results over to the prosecutors.

The same thing goes with this "legislative auditor" crap that's been kicked around in the media lately. When they find some state worker has been falsifying overtime sheets, there doesn't need to be some formal presentation of the audit findings to the legislature. Take that crap straight to Charnock's office and tell him to start slapping the cuffs on some people. Remember, he's all jacked up for going after political corruption, he said so in his campaign.

When I heard that Smith was charged with all these Federal crimes, the thought came across my mind that "damn, that federal courthouse is getting pretty busy." And then I caught the use of the word "federal." Why no "state" courthouse perp walks for these jackasses (Smith, Stowers, Adkins, etc)? I became curious. For instance, I wondered why Smith was being charged with all these federal crimes, and no state crimes. Hell, I even looked in the WV Code. And you'd be amazed at what I found. I know I had to read it about 5 times to make sure I was understanding what I read, it was so bizarre. It's not complicated, it's just so, ridiculous. Of course, with our legislature, nothing's out of bounds as far as something to protect their own asses, but this was almost too strange to be believed.

In the WV Code, I went looking for the tax crimes section. Usually crimes are in Chapter 61. I didn't find anything there in my cursory examination. I then started poking around in Chapter 11, where the tax stuff is. And this is what I found. The State Tax Department HAS a "Criminal Investigation Division." But its jurisdiction is sort of strange.

§11-9-2a. Criminal investigation division established; funding of same.
(a) Criminal investigation division. -- A criminal investigation division consisting of no more than twelve investigators, of which one investigator shall serve as division director, plus necessary support staff, all of whom are exempt from the classified service, is hereby established in the state tax division for the purpose of assuring compliance with laws and rules pertaining to the taxes, fees or credits administered under article ten of this chapter, including, but not limited to, the provisions of articles twenty, twenty-one and twenty-three, chapter forty-seven of this code, but not including income taxes, imposed on individuals by article twenty-one of this chapter.
(b) Special audits division. -- A special audits division consisting of no more than eight tax examiners, plus necessary support staff, all of whom are covered by the classified service, is hereby established in the auditing section of the state tax division for purposes of assuring compliance with laws and rules pertaining to taxes, fees or credits administered under article ten of this chapter, including, but not limited to, the provisions of articles twenty, twenty-one and twenty-three, chapter forty-seven of this code, but not including income taxes imposed on individuals by article twenty-one of this chapter.

The guys who are supposed to be investigating tax fraud, can't investigate for income taxes. Are you freaking kidding me? The TAX Department's criminal investigators, can't investigate personal income tax cases? Hell, it's no wonder Smith hasn't been charged with state income tax evasion. Nobody can investigate her for that. Can you believe that? Wouldn't that be like saying the IRS can't investigate income taxes? It makes no sense. Unless, you are the legislature, and don't want them poking around the legislators' income tax returns. In which case, you'd catch the Lisa Smiths (and Rick Statons) of the world.

Until the electorate starts electing people who respect the rule of law, apply it regardless of what their friends are doing, and aren't part of the political corruption in the first place, this state is going to continue to be nothing but a bastion of corruption. And until the electorate wises up and starts holding some of these clowns accountable, we are going to continue getting just what we deserve.

A nice big fat kick in the nuts.

Fatal Accountability.

Well, again, it's just like shooting fish in a barrel here in the Sweatbox. These clowns can't even make it somewhat challenging for the ol' Binger. Former State Senator Lisa Smith, along with her husband, have been indicted on 16 federal (see above blog entry for a further discussion of the relevance of this) charges, ranging from mail fraud, to tax evasion, to filing false campaign reports. Smith rode the anti-gambling wagon to the State Senate by defeating Oshel Craigo for State Senate in 2002. Craigo voted for the Promise scholarship (and therefore, legalizing the video slot parlors), and Smith beat him over the head with it. I just love it when the shrill and sanctimonious, get caught doing exactly the type of shenanigans that they berate others for doing.

Smith attacked Craigo (who's certainly no saint either, but that's for another post) for being pro-gambling. Smith got the bible banging gambling lobby squarely behind her and made a furious campaign, and probably used some smear tactics right at the end on Craigo, to win that seat.

And now we find out she's been ripping off every law-abiding citizen in the State of West Virginia. She failed to pay her taxes, and evidently, had trouble even paying her employees, if the reports in the last 6 months or so have any truth to them. But while she was in the Senate, supposedly handling your tax dollars, she wasn't paying any of her own, or her businesses' taxes either. Again, it's this "I can tell you what to do, and how much tax to pay, but because I'm a politician, the rules don't apply to me" mentality that we so often see here in West Virginia, that really shows how much contempt our elected officials have for the everyday West Virginian. To be able to dictate to the public, how we don't have enough public money for this program, or enough public money for that program, or that we need to pay more taxes to fund this, or fund that. And all the while, they aren't paying what THEY are supposed to be paying. And this very same criticism applies to people like Rick Staton too, so this isn't some anti-republican post, so all you rightwinger republican fanboys out there can just cool your jets. Staton is just as guilty (well, maybe not of the mail fraud, but he's certainly guilty of the failure to pay his taxes part). For her part, Smith is looking at more than 100 years in prison and 4 million dollars in fines. She won't get all of that punishment, but she'll probably get some sort of sentence out of this.

But even better than the mere fact she was ripping off the taxpayers, she was doing it, so she could further her political career by funding her campaign with that money. Money that should have gone into state coffers so the pothole outside your house could get patched, or to buy new textbooks with for your kids, or to provide you with parks and recreational activities, or any number of other public uses, was being used by Smith, to make sure she got a State Senate seat. She stole from you, to make it possible for her, to then tell you what to do with your money. If that is not approaching the epitome of arrogance, I don't know what is.

Why doesn't Smith just come out and say "Let them eat cake" while she's at it?

You know, generally, the French are idiots as far as government goes. They are on something like their 5th Republic since 1800. They never seem to know exactly what they want in the form of government. They make good wine and cheese, but their government is usually just this side of a complete train wreck. However, sometimes, they do manage to get something right. 210 years or go, they knew how to deal with politicians like Smith.

We'll just call it "Fatal Accountability." We are more civilized than that (and now so are the French). Now, we give people like Smith a starchy new wardrobe, and cramped living quarters courtesy of the state.

I think orange might look good on her.

Your Secretary of Tax and Revenue, John Musgrave: "Gimme two scoops, please!"

Today the Daily Mail (and supposedly the Gazette too, but it wasn't online) exposed a problem that was basically mentioned 3 weeks ago. Remember where you heard it first, right here (if you haven't read that blog entry, I'd strongly suggest reading it now, to help you get up to speed). Papa Joe Manchin is paying his top "executives" monstrous salaries, for state workers, by leaving them in "acting" positions, in clear violation of state law.

The Daily Mail reported, just as a certain blogger did a couple weeks ago, that "acting" Tax Commissioner Virgil Helton was making more than the statutorily required salary, because he was "acting" Tax Commissioner, and he was able to keep the higher salary of the two positions (Tax Commissioner or Deputy Lottery Director of Finance, which has since been filled by a guy making $79,000 per year - so technically, Helton has no "old" job to go back to). However, Helton's boss, "acting" Secretary of Tax and Revenue, who prior to being acting Secretary, was the Lottery Director, was not just getting the "higher" of the two salaries, he's getting both salaries, for a grand total of a $150,000 per year (for the last 2+ years, he was appointed in October of 2003 by Wise).

Now, I'm sure Secretary Musgrave is a nice guy. Hell, he might even know a thing or two about running the Lottery. But, does anyone but me think it's pure ignorance, to be paying this guy for TWO supposedly 40 hour per week, full time positions in state government? If he's working 80 hours a week, pulling 16 hour shifts, 5 days a week, by all means, give him both salaries. But I'm willing to bet a week's pay that he's not spending 80 hours week at the Capitol and down at Lottery HQ. He supposedly would have been doing this for over two years, non-stop.

This brings up a couple of issues. First, if neither job is so essential, that they can be effectively done by some guy essentially working each job half of the time, then why are we paying them 75,000$ per year for each position, regardless of whether it's one guy, or two? If some guy can do both of these jobs adequately in one 4o hour week, there's no need for two FULL TIME positions for these jobs. Just make them one position, or do away with one position.

Secondly, if these jobs are so easy that one guy can handle both effectively at the same time, then they aren't that difficult to begin with, and as such, they wouldn't warrant even the exorbitant (as far as state employees go) salary of $75,000 each. They evidently aren't so difficult some guy can't handle them in 20 hours per week, each. Hell, pay some poor schmuck working for 30k an extra 15 or 20 grand and let them do it. Average Joe Schmoe State Worker making 30k per year would be ecstatic to get a 20 grand raise. Remember, the job isn't so tough you can't do it in 20 hours. Otherwise, Musgrave wouldn't be doing it in the first place. If he had to truly work 80 hours per week to keep on top of both jobs, he'd say "no thanks, I'll just stay Director of Lottery."

And let's just operate on the assumption he's NOT spending 80 hours a week working for us poor taxpayers (in my opinion, pretty fair assumption to make). If that's the case, then he's flat out stealing. He's essentially collecting a paycheck, for work that he isn't doing. He's being paid to be in two places at one time. That's physically impossible. He's taking money, state money, for work that he's not doing. And not only is Manchin not outraged, he's evidently, supportive of this, according to his mouthpiece, Lara Ramsburg. Doesn't anyone but me see something that's just flat out wrong, with giving state employees one paltry raise in 3 or 4 years, that barely covers their cost of increased insurance premiums, while this guy is essentially getting paid for an entire positions he's not even doing? This guy is stealing state money, for a job he's not doing, Manchin sees nothing wrong with it, and State Auditor Glen Gainer knowingly signs the checks for this clown every two weeks. In my opinion, they are both guilty of ripping off me and every other taxpayer in West Virginia.

However outrageous that is, what is potentially even MORE outrageous, is the ambivalent response of Senator Shirley Love (a guy who's previous claim to fame was he hosted a local tv "rasslin'" show on WOAY Oak Hill TV - and you wonder why this state is FUBAR) to this problem:

"It seems to have been a trend in the past. Other governors have done the same thing. I assume he's doing this because they're qualified, overqualified in some instances."

Love then goes on to defend Manchin's plan to pay his top suckasses more money:

"It would give the governor some flexibility in recruiting for those positions. Someone in private industry can make a lot more than in state government. But if you take someone who manages a major company in this country, it's no different than managing one of our departments."

Are you kidding me? The old "well, in private industry......." argument? These people need freaking locked the hell up. That argument is so pathetic, it makes me want to puke every time I hear it. Aren't we always hearing that "well, we can't pay public employees what the private sector pays them." Then why the hell does that logic never apply to the top-level suckasses? And the very same legislators who adamantly oppose any state employee pay raises have no problem finding this kind of extra jack for suckasses like this Musgrave character or an assistant band director at WVU that needs a few extra hundred thousand dollars?

And Senator Love thinks we have to have these kickass, overqualified private sector success stories coming in and running these agencies? Well, I guess I shouldn't be too surprised from what comes out of a guy's mouth who announced "rasslin'" matches. Remember what I said above. One guy is effectively doing both jobs, in one 40-hour workweek. If these jobs need such specialized private sector hotshots doing them, don't you think they'd each be a little more time-intensive than something you could do in essentially half a workweek?

You want to get rid of the food tax? Demand Papa Joe Cheerleader and company start cutting some of this waste in state government that ends up in the hands of their suckass buddies.

I actually think I saw this Musgrave clown in Kanawha City the other day. I was at Baskin Robbins and the guy in front of me said "Gimme two scoops. I'm a double dipper."