Saturday, April 27, 2013

Auberger, Loszynski Sued Under RICO


Former Deputy Police Chief William Mackin alleges that:
  •  Auberger made Mackin’s tenure as deputy chief “impossible and miserable.”
  • The town greatly reduced Mackin's salary
  •  The internal charges (shredding documents, misconduct, etc.) made by Loszynski were “untrue and falsely made.”
  • His suspension was made without being told a cause
  • Loszynski wrongly targeted Mackin while ignoring evidence of wrongdoing by Auberger related to the hiring of Gary Pignato
  • Auberger and Loszynski engaged in racketeering acts, including extortion & mail fraud
READ the LAWSUIT (It's fascinating!!)
(SOURCE)

SCATS ~~ Maybe this is why Auberger hasn't been in his Ivory Tower much in recent weeks. The kingdom has begun to crumble ... How fitting that this lawsuit comes in time for "Spruce Up Greece Day"!!
   

28 comments:

Anonymous said...

The article is a good start in getting some information to the Greece resident tax payers, who are paying these bills in the form of lawsuits. The actual lawsuit has a lot more information.

SCATS said...

To 10:29AM ~~ Is the actual lawsuit posted someplace where we can view it?

Anonymous said...

Yes, the democrat and chronicle.com web page under the Mackin article

Anonymous said...

Interesting development. The timing is most interesting. It is viewed in some circles relevant to the soon to be concluded FBI investigation. The fact that
the suit is being filed in Federal Court is no accident. It is widely expected that those named in the suit will be charged under the RICO statute as a
criminal conspiracy to cover evidence of wide spread criminal activity on their part. In effect, the Feds will provide the burden of proof needed to meet the Federal threshold for Mackin's suit to be upheld in that jurisdiction. We
shall see very soon.

Anonymous said...

This lawsuit is a joke. It is almost all fiction. Mackin had to get immunity to testify. That says it all. The only people who need immunity are criminals. Not only that, this lawsuit contains flat out lies. Who is Mackin going to get back him up? Merritt? He is an outcast for good reason. Why would you file this so long after the fact? Mackin is going to look foolish even if there are minor truths in this. Because in the end all the things Mackin got immunity for will be made public.

SCATS said...

To 2:52PM ~~ TY, not sure if it was added later or not.

To 3:07PM ~~ Yes, VERY INTERESTING TIMING for sure! I forgot about the FBI investigation ... I seriously hope there is one & that you are correct.

To 3:34PM ~~ No one could ever look more foolish than John Alzheimer ... er, I mean Auberger.

Anonymous said...

3:34 You nor I know that Mackin HAD to get immunity. If the town ( Auberger) and the hired investigator ( Loz) were/are dirty I'd want immunity too! I'd say he good great legal advise. I do believe that there were good police officers caught up in this mess. I for one would not be surprised if his allegation are proven true. Some one tell me what we got for the cool million we paid for the investigation?

SCATS said...

To 4:38PM ~~ We got the re-election of Auberger!

Anonymous said...

I'm surprised by the different spellings of Loszynski's name in the brief. It's quite interesting.

Anonymous said...

Why can’t we vote the police department out and have the sheriff’s department so we can save our tax money and ourselves from embarrassment. The new chief should watch out for the guy who told on them for the shredding, I am sure he would tell on him so he could get Phelan or Chatterton in as chief and we can pay for another scandal.

Anonymous said...

I also find it funny how the lawsuit has it's dates completely messed up. Auggie was re-elected in 2009, so why would he care about getting the "well timed" police report out in July 2010? He had already been re-elected and it wasn't a local election year.

On a side note, word is that Mackin was at Reilich's fundraiser just last week.

SCATS said...

To 7:59PM ~~ AND have just ONE Fire Dept. too ;) By the way, Chatterton is gone, retired.

To 8:02PM ~~ Interesting bedfellows!

Anonymous said...

Unless there's something nefarious in Loszynski's background that we don't know about, this lawsuit isn't going anywhere, except that the process itself will be embarrassing, especially for whomever replaced Mackin.

The article lays out the traditional loser's complaint, all motive and no specific offense. "He pushed me out to make way for his preferred guy" is not specific enough to be actionable. You've got to allege that Auberger did a pecific thing in violation of a specific standard. All the motive in the world won't make you guilty until you take a specific action that is demonstrably wrong.

Anonymous said...

Can't have just 1 Fire Department kittycat.

There are way too many EGOS and ATTITUDES for just 1 Fire Department to hold.

Hell, Greece needs 3 school districts, and contaminates every one of them.

Anonymous said...

Pathetic Complaint written by a 3rd rate lawyer.

Bill Mackin has obviously had to shop this lawsuit hard to find a lawyer to take it.

SCATS said...

To 1:20AM ~~ Mackin's position was eliminated with Baxter's hiring. Did you know that Loszynski returned to work for the Town of Greece a few months AFTER his final report on the GPD was made public? We weren't told WHY he was retained ... or how long he was here for ... it's possible he's still drawing a salary for all we're told.

To 2:41AM ~~ That's one thing Greece has a plethora of: EGOS!!

To 3:05AM ~~ Why do you call Wicks a third rate lawyer? I don't see indications of that.

Anonymous said...

Captain Mackin was smart enough to wear a wire when talking with Auburger
including the one where he tried to order Mackin to remove his name from the
list of those on the captain's list so Auburger could hire the person that the
Captain's position was established for in the first place. This person was a
Sargent with the local State Police whose family had close political ties to both the Town and county political establishments. He now holds the rank of Captain and is in charge of the SP traffic enforcement division.

SCATS said...

To 9:39AM ~~ Capt. Mackin?? He was Deputy Chief!

Anonymous said...

Not at the time. The position in question was the Deputy Chief position and his ranking on the Civil Service List for Deputy Chief was #1. Auburger's choice was #4. Under Civil Service Rules, the town must select one of the top 3. So in order reach the SP Sargent, one of the 3 ahead of him would have to withdraw his name from consideration. That's what Auburger wanted Mackin to
do and he refused. This left Auberger with little choice as he could not reach the person of
his choice and Mackin got the job. That tape will play a huge roll in his lawsuit as well as the Fed investigation.

Anonymous said...

Too bad no one wore a wire when Auberger agreed to hire Pignato in Parinello's office.

Anonymous said...

not to be picky but according to his linkedin and other internet sources the name is Cerretto. Also the document says the position of Public Safety Commissioner was newly created. It claims before Loszynsky this position did not exist This is imprecise. The position of Public Safety Commissioner has been use extensively in the past to get rid of old police chiefs. there are a lot of dinky-dunk errors in the brief that should have been caught given the amount of time that has passed.

SCATS said...

To 7:48PM ~~ Loszynski's name appeared to be purposely spelled two different ways, but without explanation. Re: public safety director - none was in place here for quite a number of years, but I see your point.

Anonymous said...

This lawsuit is at best a hummer, not worth the filing fees. One or 2 previous police command lawsuits with merit have been taken to the Federal system in the last 10 years, and both were tossed as political favors, one favor being granted to Bob Duffy when he became Mayor.

This hummer will probably settle out with Lawyer Wicks, who couldn't write a complaint if his ass depended on it, getting the best payday he's seen in years.
Mr Wicks track record is easy to establish via the County Clerk's database.

Mackin will be fortunate to recover his front money to Wicks and filing fees based on previous cases.

Still to be seen, who will theTown give a large chunk of taxpayer money to to defend? Will it be Iacavangelo, the man who got Auberger a sweet Divorce again?

Mr Mackin's "wire" will be of dubious value, even though NY is a single party consent State.

As to the Public Safety Comish crap,I believe there was a discussion at the time of appointment on this site bringing forth that Greece was playing the same old crap to shed another Chief. Phelon did it to Paul, Rahn did it to Phelon, and the same tired script was hauled out to scrap Rahn. NY Law is fairly specific in the requirements for said office, it must include jurisdiction over a Fire Department, and this time around Greece failed to include one.

Should the Courts take an interest in this pile of slop suit, that oversight may well cost Greece.

Mr Wicks must be practicing from a laptop based on the structure and content of his complaint. Small Claims Court generally demands better.

Anonymous said...

You are correct, Five Individuals held the position of Public Safety Commissioner dating back to the Eckert, Riley, Boily days. The last was Merritt
Rahn who came from Ogden and was hired by Boily when Bill Neary suddenly quit the job. The idea was to take out Phalen who as Commissioner took out then Chief
Paul. It worked because Rahn and a now retired cop, set up Phelan at a function and he quickly retired. In contrast, when Auburger replaced Boily, he vowed
that he would never use the Commissioner system to control the chief and department. However, he now wanted Rahn gone so he created the Deputy Chief
position to accomplish the same outcome. It would backfire on Auburger when his choice to do in Rahn failed and Mackin became Deputy Chief and continued his
loyal relationship with Rahn. Now it hits the fan with the Pignato and Joseph incidents and in order to cover his behind, Auburger abandons his pledge, has
the board authorize the position of Commissior. Enter Lozsinski The rest is history or is it?

Patience and time will determine that in the coming weeks as
the town rug is about to be rolled back exposing all those dirty little secrets swept there and accumulating over time by the few at the expense of the
many.

SCATS said...

To 1:40AM ~~ Yes, you are correct. There have been several discussions about the Public Safety Commissioner position on this BLOG. Always fascinating ... watching history repeat itself ;)

To 10:34AM ~~ I laugh whenever I read things like "Auberger vowed ..." See how well that worked out?

Anonymous said...

Does anyone else see think Reillich's fingerprints are all over this one? Let's see. Mackin is seen schmoozing at the very first Reillich for Supervisor fundraiser. (Held after Meritt Rahn was seen at Maggie's ball no less!)The lawsuit is poorly written. No time to proofread. In a hurry. Why wait 4 years? And look who it defends. The town board. The suit says they didn't know what was going on. Information was kept from they but they reluctantly voted to suspend? Really? Would you? Who were they at the time? Shannon Okeefe who is now resigning. Jerry Helfer who works for Maggie and who Reillich will surely be giving a job in Greece once elected. Rick Antelli who will be running for tax receiver. Bob Bilsky another county employee who will end up a Greece employee.
Are we just blind sheep or can we see the the ventriloquist moving his lips? Look, no ones talking about Shannon Okeefe leaving anymore. never found out why she's really leaving. Distraction completed.
this lawsuit doesn't stand a chance of holding up in court but filing it alone had caused a stir. The exact reaction anticipated by Reillich.

Anonymous said...

History will be repeating itself Phelan will be public safety director and Baxter will be remodeling houses with his predecessor if he is lucky. Phelan and his daddy have been pressing politicians for the chiefs job for JR, stay tuned for the next scandal.

SCATS said...

To 9:26PM ~~ Are you suggesting that Reilich will replace the Golden Boy with Sonny Boy? Interesting!