Many of the four-year old acting comedians of NWI seem to have no idea of what constitutes illegal financial conflict of interest. They even do not seem to believe that such a thing exists. For their sake and as previously promised I have referenced some laws that would possibly clarify things for them.
Everyone should keep in mind that I do not really expect any of these people to stop and think and possibly change their minds. It is part and parcel of NWI tribal political mentality best represented by Mayors such as McDermott of Hammond and Pabey of East Chicago. If my tribal head says it is so, then it is as though G-d is speaking and truth and facts do not matter.
The first item is taken from the web-site of the United State Office of Government Ethics, a U.S. Federal Agency. It specifically identifies conflict of interest and what is called a “covered relationship”. Specifically a covered relationship includes “father or brother” and the Cabelas decisions under Federal Law would seem to be a criminal conflict of interest, a felony.
ITEM 1, taken direct from web-site: Impartiality in Performing Official Duties: Executive branch employees are required to consider whether their impartiality may be questioned whenever their involvement in a particular matter involving specific parties might affect certain personal and business relationships. A pending case, contract, grant, permit, license or loan are some examples of particular matters involving specific parties. A general rulemaking, on the other hand, is not.
If a particular matter involving specific parties would have an effect on the financial interest of a member of the employee's household, or if a person with whom the employee has a “covered relationship” is or represents a party to such a matter, then the employee must consider whether a reasonable person would question his impartiality in the matter. If the employee concludes that there would be an appearance problem, then the employee should not participate in the matter unless authorized by the agency.
An employee has a “covered relationship” with the following persons:
a person with whom the employee has or seeks a business, contractual or other financial relationship
a person who is a member of the employee's household or is a relative with whom the employee has a close personal relationship
a person for whom the employee's spouse, parent or dependent child serves or seeks to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee
any person for whom the employee has within the last year served as officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee, or
any organization (other than a political party) in which the employee is an active participant.
An employee may have a concern that circumstances other than those expressly described in the regulation may raise a question regarding the employee's impartiality. In such a situation, the employee should follow certain procedures to determine whether or not participation in the particular matter would be appropriate.
If someone who is entering Government service has received a special severance payment or other benefit in excess of $10,000 which his former employer does not make to other departing employees not entering into Federal service, and if certain other factors are present, then the employee must be disqualified for two years from participating in any particular matter in which the former employer is a party or represents a party. The agency may waive or shorten the disqualification period.
Since the activities of the McDermott enterprise with Cabelas crossed many state lines and I am sure included the mail and other Federally regulated entities, it is a question to what degree has the enterprise or Cabelas committed any Federal crimes. This would be up to U. S. Attoney Von Bokklein to determine.
From the web-site of the Indiana Inspector General the following excerpt is taken. It specifically indicates that no Indiana State Employee can make any decision that provides financial benefit to a member of his family, including father or brother. Therefore under Indiana State statue what the McDermott family did is most likely a felony.
How the State law applies to the McDermott enterprise is up to Indiana Attorney General Steve Carter to determine. But the underlying law is clear and I assume known by any first year law student. That assumption when it comes to NWI's politicians may be a stretch.
ITEM 2 taken from the web-site:
(a) A state officer, an employee, or a special state appointee may not participate in any decision or vote if the state officer, employee, or special state appointee has knowledge that any of the following has a financial interest in the outcome of the matter:
(1) The state officer, employee, or special state appointee.
(2) A member of the immediate family of the state officer, employee, or special state appointee.
(3) A business organization in which the state officer, employee, or special state appointee is serving as an officer, a director, a trustee, a partner, or an employee.
(4) Any person or organization with whom the state officer, employee, or special state appointee is negotiating or has an arrangement concerning prospective employment.
(b) A state officer, an employee, or a special state appointee who identifies a potential conflict of interest shall notify the person's appointing authority and seek an advisory opinion from the commission by filing a written description detailing the nature and circumstances of the particular matter and making full disclosure of any related financial interest in the matter. The commission shall:
(1) with the approval of the appointing authority, assign the particular matter to another person and implement all necessary procedures to screen the state officer, employee, or special state appointee seeking an advisory opinion from involvement in the matter; or
(2) make a written determination
There are certainly questions of fact as to what can be proven legally that has crossed the line into criminality. That is a question in any investigation. It is clear though that under Federal and State laws, what is generally known publicly about the McDermott enterprise's relationship with Cabelas is illegal. At the very best it must be said unequivocally that this is one of the most blatantly unethical activities to have occurred in NWI in the past four years.
There is also a question of Cabelas involvement and liability. They are a publicly traded corporation. If they knowingly committed a felony involving a government official, I do not know what the authority of the Security and Exchange Commission is in these matters. It certainly is of major concern to their stockholders, if they perceive that this is how the management of the corporation is going to carry forth its business.