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StumbleJudge to rule whether Lt. Gov. Krolicki case continues
Published Tuesday, Nov. 24, 2009 | 11:38 a.m.
Updated Tuesday, Nov. 24, 2009 | 5:20 p.m.
Lt. Governor and President of the Senate Brian Krolicki talks to Senate Majority Leader Steven Horsford on the first day of the 2009 legislative session in Carson City.
Sun Archives
- Krolicki case to remain in Clark County (9-8-2009)
- Lt. Gov. Krolicki wants charges against him dropped (4-13-2009)
- Lt. Gov. challenges AG’s ability to prosecute him (3-2-2009)
- Krolicki pleads not guilty to felonies (12-30-2008)
- Krolicki case highlights accounting ethics issue (12-29-2008)
- Dix questions for Conrad Hafen, Chief Deputy Attorney General (12-24-2008)
- Yellow notes could help fraud charges stick to Krolicki (12-22-2008)
- Lt. Gov. Krolick says he’s an indictment target (11-24-2008)
- Guv wants Loux to pay back $64,000 (11-14-2008)
Lt. Gov. Brian Krolicki, accused by prosecutors of improperly managing a multi-billion dollar college savings program while he served as state treasurer, was in Clark County District Court on Tuesday as a judge is set to rule on dismissal of the case.
Judge Valerie Adair heard arguments from attorneys representing Krolicki and Kathryn Besser, his former chief of staff, requesting to dismiss the criminal case against their clients.
Adair hasn’t ruled on the arguments, which in addition to the request for dismissal include issues of law – if wording in state law about the Nevada budget and management procedures is overly vague – and issues related to the grand jury. Defense attorneys said there were problems with the grand jury that indicted Besser and Krolicki.
Adair also must rule as to whether there is a conflict for the Nevada Attorney General’s Office, which is prosecuting the case against Krolicki. A trial was set for Dec. 14.
The judge will issue her ruling after the Thanksgiving holiday, a courts spokesman said late this afternoon.
The office of Nevada Attorney General Catherine Cortez Masto offered to remove itself from the prosecution, but the defense rejected the offer, calling the move “too little, too late.” Prosecutors said Masto learned of a possible conflict after being contacted by the Review-Journal about a fundraising party her husband was planning next month in Las Vegas for a Democratic candidate for lieutenant governor.
“We are willing at this point to give them what we thought they wanted, which was our disqualification,” said Deputy Attorney General Christine Guerci-Nyhus.
The defense, however, objected to removing the attorney general’s office from the case, protesting further delays and the price tag of a contract for a special prosecutor – about a half-million dollars for the services of Dominic Gentile.
“We respectfully decline this offer,” said Richard Wright, representing Krolicki. Wright criticized the use of taxpayer money to hire the special prosecutor, adding that he was skeptical that Masto had no knowledge of her husband’s plans for a fundraiser.
Wright said further delays in the case would be damaging to Krolicki’s bid for re-election.
Adair acknowledged that the fee to retain Gentile was high and hinted that she might not approve the contract if it landed in front of her.
Prosecutors defended the proposed contract with Gentile, saying he was offering his services at a rate discounted from his usual fees. Reports indicate the top deputy in the attorney general’s office earns a yearly salary of $140,000.
Representatives from Masto’s office added that district attorneys’ offices in Las Vegas and Reno had declined to prosecute the case, leaving no option besides the special prosecutor if the attorney general was found to have a conflict.
Wright and co-counsel Margaret Standish previously had said prosecution by the attorney general’s office “creates an extreme appearance of impropriety and fundamental unfairness.”
Before the case landed in front of Adair, Judge Elissa Cadish had ruled there was a conflict and barred the attorney general’s office from prosecuting; however, she removed herself from the case over a potential conflict. In August, both sides agreed to void their protest to the Nevada Supreme Court, allowing the attorney general’s office to continue with the prosecution.
Adair will rule if that prosecution can continue.
The charges against Krolicki and Besser stem from a 2007 audit of a $3 billion dollar, state-run college savings program. The two were indicted in December 2008. Krolicki is charged with two felony counts of misappropriation and falsification of accounts by a public officer, and two felony counts of misappropriation by a treasurer. Besser, as his chief of staff, is charged with aiding and abetting Krolicki’s alleged crimes.
Krolicki, a Republican whose name was discussed as a possible candidate against Senate Majority Leader Harry Reid, has called the charges politically motivated. Reid and Masto, both Democrats, have vehemently rejected those allegations.
No state funds were reported missing, but Krolicki is accused of ignoring state rules in spending and bypassing budgeting rules.
Krolicki’s attorneys said the state attorney general's office advised him and his staff on managing the fund.
Prosecutor Conrad Hafen objected to the calls for dismissal, saying Nevada taxpayers had a reasonable expectation that elected officials are responsible “not to violate public trust and to be responsible for funds they have a stewardship over.”
Sun reporter Cy Ryan contributed to this story.
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why the hell wouldn't the case continue???
I seriously want to see Lt. Brian Krolicki removed from his office!
I want to see Lorraine Hunt reinstated as Lieutenant Governor ASAP!
Conrad Hafen has the jury appeal of cod liver oil in my opinion.
Krolicki must NOT have the Attorney General's office conflicted off this case as his best hope of an acquittal is with the AG's prosecuting him.
Hopefully, one day we will have an AG that represents the whole state and not just Democrats.
On 12-29-2008 the LV Sun had a "Hero" piece on DEMOCRAT Attorney General Catherine Cortez Masto on how she intends to raise the ethical standard. She is a straight arrow..."
What is at play here is that DEMOCRAT Attorney General Catherine Cortez Masto abused her exercise of selective prosecutorial discretion. What happened to gathering the facts before a decision.
DEMOCRAT Attorney General Catherine Cortez Masto prejudged that when her BFF confessed lobbyist Bob Loux stole real money that it would only be an ethics problem.
DEMOCRAT Attorney General Catherine Cortez Masto prejudged that BFF Loux did not commit a misdemeanor or a felony.
Meanwhile DEMOCRAT Attorney General Catherine Cortez Masto prejudged that Krolicki was a felony.
When Democrat Kate Marshall took over, Deputy Treasurer Janice Wright told the new treasurer about what had been going on, which she thought was not illegal.
Democrat Kate Marshall "said, because she was an attorney, this is wrong, this is not legal and you can't do that," Wright said. But DAG Hafen admitted that money was not the issue for Krolicki.
The AG's office is continuing her effort to put the trial in the public long before the court room trial in 2010. The AG Office is holding a Public Trial without a jury.
Meanwhile John Marvel who had served on the legislative audit committee since 1989, said this is the first time he can remember an audit leading to an indictment.
"Every audit we have, there's some infringement of the law," he said. "We could probably indict everybody for something."
"Every audit we have, there's some infringement of the law," he said. "We could probably indict everybody for something."
Sounds like a plan too me.
"Krolicki, a Republican whose name was discussed as a possible candidate against Senate Majority Leader Harry Reid, has called the charges politically motivated. Reid and Masto, both Democrats, have vehemently rejected those allegations."
How could anyone think that Reid would be involved in something like this to remove one of the strongest opponents he could face next Novemeber?
SgtRock, Future -- you guys hit it right here.
I remember reading earlier articles showing Masto's office had actually advised Krolicki's office to do what she's now prosecuting him and his assistant for.
crackedbeak -- your ignorance of the law is underwhelming. I suggest you pick up on at least the spirit of the new book "Three Felonies A Day."
Law in all its complexity is a cesspool that even its practitioners can't keep track of. Funny thing is our government of laws, by passing so many laws, has become the government of men Justice Marshal warned us about more than two centuries ago.
"Representatives from Masto's office added that district attorneys' offices in Las Vegas and Reno had declined to prosecute the case, leaving no option besides the special prosecutor if the attorney general was found to have a conflict."
So the other DAs could not make a case --Why is Masto still on the hunt
So let's see. Someone doesn't like where the state treasurer parked some money, even though it was approved by the then-attorney general and there is no money missing.
How much is this politically motivated prosecution costing the taxpayers? The state is already broke & we're seriously spending resources on this? Where is the common sense?
Just_Me -- welcome to the wonderful world of publicly-funded prosecutors. Like all government, they're off their leash, and only We the People can rein them in -- except the citizenry won't do it. Not sure whether that's due to ignorance, for which there's no excuse especially with Google, or apathy.
Try it. One truth you'll learn eventually -- no good deed goes unpunished.
Future is an idiot,posts the same crap on the same kind of posts.