Monday, December 13, 2010


I was raised to act - I do not understand the concept of martyrdom other than being a word devised by those who choose not to act. The concept was created to avoid true honor and make virtue elusive and thereby an excuse to not act.Today our choice in elected officials is between the overtly corrupt and those who act out of survival. In either case virtue is not the guiding light. Without virtue the interests of the people are never served. Self preservation is the opposite of virtue - it is dishonorable and cowardly.

Aristotle taught that honor comes from our actions and not a title. I hate using the term “your honor” when referring to judges because there is nothing honorable about the legal profession. This year we have seen federal judges resign to avoid removal or prosecution, others convicted and sent to jail, and others face discipline rather than do the honorable thing and resign.

There is the famous case of Judge Lanier who was convicted for civil rights violations of women - namely rape. He did it while using his position as a state judge. His brother was the DA so he was never investigated. The DOJ finally brought the case. He was convicted - the United States Court of Appeals found that the law was too vague to enforce because there was no way a judge could have known raping women violated their civil rights. Can anyone honestly say the federal appellate judges who made this ruling deserve the title “your honor?”

The US Supreme Court in a rare unanimous decision found that which is obvious is obvious, and reversed the court appeals. Judge Lanier was arrested fleeing to Mexico.

We have forgotten the lessons of Aristotle and no longer judge honor by a man’s virtue, but instead by his position, title or wealth.

It is amazing to me how we as a society have lost all focus on reality or facts. The people claim they want to reduce the deficit. The Republicans have $1.7 trillion in tax cuts over the next ten years on the table and the same people who claim the budget is out of control favor the $1.7 trillion in tax cuts. These same Republicans and people claim we cannot afford $14 billion in one time payments of $250 to the elderly and disabled vets. But we can afford $1.7 trillion in tax cuts. For the record I do not support the one time payments to seniors or disabled vets.

.24% of the American people after death pay the so called death tax. Yes I said less than 1%. But yet the Republicans have the country believing the people pay a death tax.

The age of reason and critical thinking is dead in the U.S. It is dead because the people who need to speak out do not - they do not out of fear of losing power - power which in the end they lose anyway.

To understand how easy it is to manipulate people one just need look at the claims being urged by the opponents of the Healthsmart lawsuit - although voted for by the 7 BISD Board Members the opponents claim it was filed as an election tool by Zayas and Cortez. Reality check - the suit was filed on August 24th - now we know these idiots have proven themselves incapable of adding in the past - 60 days from August 24th would still have meant the lawsuit being filed before the election. Further, the Board simply could have voted to authorize the 60 day demand letter, and it still would have been an issue in the campaign.

Forget the fact that with all the variables if the 4 get away with their plan BISD is looking at losing somewhere between $20 to $25 million dollars in lawsuit settlements, dismissal of lawsuits, and the lawsuits which will follow because of the 4. Brownsville is also taking a big hit. Prospective employers look to a school district when deciding to relocate their businesses or start a new business.

No right minded corporation would want to come to Brownsville at this time. On this issue I put the blame 100% on Cascos and Ahumada. They more so than anyone should be appearing before the cameras and demanding investigation of the 4. Cascos will not - he was a direct beneficiary of the PAC and the 4's conduct. The documents and emails secured to date make this clear. Ahumada is simply lost at sea.

What I have been told is law enforcement wants the 4 to take its first vote in either settling with Rendon or Juarez, or dismissal of Healthsmart lawsuit. The rationale is the vote will never be acted on because the indictments will come days later. The vote is needed to secure clear convictions. My source is an experienced federal prosecutor who does not necessarily have any inside information on the case.

A community should not have to wait for the DOJ or FBI to act. Its leaders should act. Unfortunately BISD, and Brownsville, or for that matter Cameron County have no leaders. To a person each elected official believes honor comes with the title and not their actions - so why act?

When you look at what Presas-Garcia did to Noe Sauceda in terms of recording him, and how Antonio Juarez recorded Otis Powers you would think Antonio Juarez would know better than to go to BISD and start bragging about how he controls the Board and is going to get his money. But I know enough a mere recording is not enough evidence to convict. So maybe waiting for the vote is what is needed.

In the end at this time I squarely blame Springston, Fuller, Aguilar, Colunga and Pena for the continued crisis. They each separately and jointly know enough to take down the 4. They can call a press conference and tell the story - a story which includes coverup by the Herald. I feel fairly confident they will not act - virtue is not part of who we are as a people  - which is why not only Brownsville, but the entire US is entering a Dark Ages of politics.

We are going bankrupt and no one has the courage to say it with conviction, real conviction which means more than words. I have always been good about selling off before the market takes a major correction - I am not sure I will make the right decision this time - I think it will correct between 12,000 and 12,500 - but I could be wrong - it may correct at between 11,750 and 12,000. This time it will drop below 6000.

You cannot pass $1.7 billion in tax cuts over 10 years and expect a bankrupt country to move forward . We are too divided as a nation and too willing to believe lies to correct what is happening. Our economy will collapse sooner than later because compromise Washington (and even locally in BISD's case) style means self preservation for the politicos, and no place for virtue. The Dark Ages of politics is upon us.

Between my health getting worse, and a true lack of interest on my part, I will probably pull back on BISD. Unless some unusual document appears, nothing really is going to happen until after the 1st of the year anyway. Between now and the end of the year you may see fewer posts at the BV - just enjoy the Holidays while you can - in someways knowing what I know about the economy makes BISD seem so small - so just enjoy the next couple of weeks - Christmas may not be so good next year.

In the end unless Springston, Fuller, Peña, Colunga and Aguilar call a press conference to tell the truth nothing is going to change. The Herald has a news black out on the truth. When it is over with if Springston is shown to not have gone to the state seeking assistance, then he deserves to get fired. The state on evidence is prepared to begin proceedings to take control of the district. The problem is we have a superintendent who thinks he is going to survive this - he is not - he thinks he has cut a deal with Escobedo - he has not - Escobedo is just playing Springston to keep him from going to the state - how sad - how very sad. Go back and watch the all night meeting - watch how many times Escobedo stepped in to defend Springston - even on the AFLAC issue he stated Springston and administration did nothing wrong while Presas-Garcia and Longoria continued to push the issue.


Anonymous said...

Hey Bobby, No, they have not. Sometimes it is better to just way and see what is in store for those that misuse the PUBLIC TRUST! Trust Them and You Will See!!!!!!!!

Anonymous said...

You hit the nail on the head! They deserve what they get for allowing it to happen.

Anonymous said...

So they could have filed the lawsuit except they had omit the Deceptive Trade practices that brings your totals to 12 million. What will happen if BISD loses the case against Healthsmart, who pay for lawyers, damages and all that stuff.

BobbyWC said...

The DTPA still goes forward 60 days after they receive the detailed notice -

The 15 million is based on the independent audit which was around $5 million - under dtpa you can get treble damages.

The other claims carry possible common law punitive damages - the reality is BISD could probably get more without DTPA. A jury if the fraud is sufficiently proven could easily give $50 million in punitive damages - now to be fair the Texas Supreme Court would probably reduce that amount - they are on the verge of declaring all punitive damages unconstitutional - which for the record I wish they would because then the US Supreme Court would finally intervene and end the abuses coming from the TExas Supreme Court.

On the conservative side BISD is poised to walk away with $15 million - but as a mediator I would push them to settle for $8 million

Who pays if they loose - it depends - if the jury finds any damages at all Healthsmart pays the damages and attorneys fees - assuming attorneys fees are on the table - no all claims has the losing party paying attorneys fees. You allege DTPA when you feel like you have a very strong case - this is so you can recover your attorneys fees - you do not get attorneys fees in common law actions - save breach of contract

For a jury to find against BISD they will have to find 100% of the independent audit was fraudulent

Healthsmart is being sued by Lubbock on the same issues - actually if I am reading correctly an arbitrator will be issuing an opinion before we even get close to a trial in the BISD case.

Once Healthsmart looses in Lubbock and they will, they will then put money on the table in the case of BISD.

If the current owners of Healthsmart were so confident with Ted parker why remove him from the operations of the company?

Ted parker sued Lubbock for the damages they allegedly did to his business - Ted Parker paid Lubbock $850,000 in damages for that frivolous lawsuit

You do not pay out $850,000 in damages for a frivilous lawsuit if your business was wrongly accused -
Now since you want to continue playing the deception game Mr. convicted felon - if you are going to lie and say you get your information from the court - at least be smart enough to research which court the case is in

no one - not even the great Carlos Quintanilla will ever find anything with the Cameron County Clerks office related to BISD's lawsuit against Healthsmart - it simply does not exist

Anonymous said...

The "corrupt and ignorant" will always win in Brownsville...that's who we are. As Dr. Tony Zavaleta has often said, "Corruption is a part of Mexican culture, and we should accept it (corruption). Add ignorance and corruption and you have BISD, BRownsville, UTB-TSC and the RGV.

Anonymous said...

Hey Bobby, NO ONE and I mean NO ONE should accept corruption. Corruption lasts only as long as the good people allow it to last. That is a FACT!!!!!!!!!!!