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Thread: WHOA..What Is This? Ticket-fixing charade in court is costly for ex-judge

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    Post WHOA..What Is This? Ticket-fixing charade in court is costly for ex-judge

    Ticket-fixing charade in court is costly for ex-judge

    Both legal jobs lost in misconduct case
    Louis P. Violanti had a cop pretend to be a motorist in court, leading to loss of his judgeship, city lawyer role.
    Louis P. Violanti had a cop pretend to be a motorist in court, leading to loss of his judgeship, city lawyer role. Charles Lewis/News file photo


    By Jay Tokasz | News Staff Reporter , Patrick Lakamp | News Staff Reporter | @LakampBuffNews

    on June 5, 2013 - 9:10 PM

    , updated June 6, 2013 at 8:19 AM

    Louis P. Violanti was a Lackawanna City Court judge earlier this year when he orchestrated a courtroom charade to dismiss a ticket on behalf of a friend.

    Violanti instructed a Lackawanna police officer to act as the ticketed motorist and ask for the dismissal.

    What happened in the roughly 2 minutes of that sham hearing eventually would cost Violanti his judgeship.

    “I was going to reappoint him,” Mayor Geoffrey M. Szymanski said. “Then, everything came down, and he had to resign.”

    But the criminal breach of court conduct did not get in the way of Violanti’s appointment to another city job – as assistant city attorney with a $43,800 annual salary.

    The job opened up when the mayor named his father-in-law, Norman A. LeBlanc Jr., who had been city attorney, to the judgeship that Violanti left.

    Antonio M. Savaglio, who had been assistant city attorney, was promoted to city attorney.

    That is often how hiring happens in Lackawanna for the politically connected.

    Violanti’s new job lasted two months. After separate state and county investigations, he was criminally charged with official misconduct for fixing the traffic ticket.

    He was forced to quit the assistant city attorney job, as a condition of a plea deal negotiated with the Erie County District Attorney’s Office, said District Attorney Frank A. Sedita III.

    The case of official misconduct against Violanti, 40, was adjourned in contemplation of dismissal, a plea deal that means the charge will be dismissed if he stays out of trouble for a short time.

    Violanti appeared May 3 in Buffalo City Court, where his case was moved to avoid any conflicts of interest in Lackawanna.

    Szymanski confirmed Wednesday that Violanti has submitted his resignation letter. Violanti did not respond to a request to comment.

    The mayor, who told The Buffalo News in March that Violanti wanted to step away from the judicial position in order to do more private legal work, acknowledged Wednesday that he knew about the sham proceeding that prompted Violanti to step down as judge.

    Szymanski defended hiring him as the city’s assistant attorney, even though under normal circumstances Violanti would have been expected to prosecute cases in the same City Court where he had held the sham hearing Jan. 15.

    “Lou was doing mostly just research,” Szymanski said. “He was not going in front of any judges.” Tony Savaglio was handling that, he said.

    The mayor said Lackawanna has a small number of lawyers qualified for the job, which must go to a city resident.

    “It was one incident,” Szymanski said. “Do I think this has ever happened before? No. It’s unfortunate.”

    Violanti often serves as emcee at community events sponsored by the city, churches and nonprofit groups.

    “He’s really popular. He’s always funny,” Szymanski said. “Everyone loves Lou.”

    Violanti broke the law by the way he dismissed an expired-registration ticket given to Daniel E. Endress, of Hamburg, Sedita said.

    “You just can’t fix tickets anymore,” Sedita said.

    “It doesn’t work like that anymore. If you do it, you’re subject to criminal prosecution.”

    Chief City Judge Frederic J. Marrano was supposed to handle the misdemeanor expired-registration charge against Endress. But Violanti arranged to preside over the case.

    John S. Hruby, the Lackawanna police officer assigned to the courtroom, said he was following Violanti’s instructions when he pretended to be the defendant and handed paperwork to the judge during the court session.

    Hruby could not be reached to comment, but he described to Sedita’s investigators what occurred.

    “It was a stupid thing I did,” Hruby told the investigators, according to a transcript of his interview. “For 18 years I’ve been trained to follow orders. I basically did what I thought the judge told me to do.”

    Did Violanti instruct him to pose as the defendant in open court?

    “Yes,” Hruby told the investigators. “I went on the record, and said I was this Daniel. He told me to do that. I don’t know if it was a trial or what, but I pretended to be the person, and I handed up the proof.”

    Hruby faces a possible 60-day unpaid suspension from the Lackawanna Police Department for his role in the sham proceeding, Szymanski said.

    Endress’ Dec. 7 ticket likely would have been dismissed, if the case had been handled properly. At worst, it would have been downgraded to a parking ticket, Sedita said.

    Endress’ registration was suspended because of a reported lapse in insurance. But his insurance did not actually lapse, Sedita said. A state Department of Motor Vehicles paperwork mix-up apparently led to the suspension, he said.

    If Endress had explained the mix-up or showed a good-faith effort to fix the problem, Sedita said, the prosecutor likely would have dismissed the case.

    Violanti was “essentially trying to fix a ticket that, ironically, never needed to be fixed,” Sedita said.

    A clerk in the court, who was not present when Violanti dismissed the case, noticed a glitch in the paperwork. The clerk was surprised that the case was called because it was scheduled to be heard by Marrano at a later date.

    The Office of the Inspector General for the state court system began investigating Jan. 24, Sedita said.

    The sham started when Endress encountered Violanti at church after being ticketed and mentioned his upcoming court appearance to the judge, according to his statement to an investigator.

    “Give me the ticket. I’ll take care of it for you,” Violanti told him, according to Endress’ statement.

    The bogus hearing was recorded, so investigators could listen to what Violanti and Hruby said.

    “Are you Mr. Endress?” Violanti asked Hruby.

    Yes, Hruby answered.

    “You came in today for what, sir?” Violanti asked.

    Hruby, pretending to be Endress, said he had paperwork proving he had insurance.

    “Let me see what you have,” Violanti said.

    Hruby apparently handed over the paperwork.

    “OK, thank you,” Violanti said. “What I don’t understand is why you’re here now?”

    Hruby mentioned the high cost of the ticket.

    Violanti then said he anticipated that the District Attorney’s Office would dismiss the ticket.

    “I don’t think I’m out of bounds by dismissing this case in the interest of justice,” Violanti said.

    Once investigators started asking questions, Violanti told both Endress and Hruby to explain what happened.

    Sedita explained why he agreed to adjourning is case in contemplation of dismissal.“It’s his first offense,” Sedita said. “The investigations by the Office of Court Administration and my office indicated it was an isolated incident. There was no pattern of corruption or ticket fixing. It was a non-violent misdemeanor-level offense. As a condition of the plea, I made him resign from his public position. Nobody benefited from the offense.”Also, once investigators started asking questions about what happened, Violanti told both Endress and Hruby to tell the truth.“To his credit, he told them to tell the truth,” Sedita said.

    In the past, ticket fixing might have been swept under the rug, but not so anymore, Sedita said.“We don’t sweep things under the rug,” he said.

    email: plakamp@buffnews.com and jtokasz@buffnews.com

  2. #2
    Member andreahaxton's Avatar
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    Post And This.......??????!!!!!???????

    28 Comments:
    repomania • 4 hours ago

    He should have been fired for wearing that wig!

    12 △ ▽
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    Steve > repomania • 4 hours ago

    Who do those who wear toupees think they are fooling? They look terrible.
    4 △ ▽
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    repomania > Steve • 4 hours ago

    Themselves?
    4 △ ▽
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    Cindy > repomania • an hour ago

    Nice one! Why don't you grow up and realize people in glass houses shouldn't throw stones!!!!!!!!!!!!!!!!!!!!!!

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    Bud Tugley > repomania • 2 hours ago −

    It's either Hair Club for Men $99 special, or a Dr. Pignataro snap-on.

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    Bryan Domenico > repomania • 24 minutes ago

    Even Ed Kilgore's toupe looks better than that thing.

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    Michael Towers • 2 hours ago

    Lackawanna is a cesspool.

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    AGM1 • 10 hours ago

    Next week he'll have his license at the firm of Doowee Chest'em and Howe...
    What on-line law school did this guy graduate from? Where's the suspension, What's the Bar Association's stance on this? Where's the ethics?

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    Marvin M. > AGM1 • 6 hours ago

    There is no ethics in Lackawanna. It's been the same story there for decades. Family and friends run or try to run that city, thus its continuing trend toward a ghost town.....Don't believe it? Look up the names of all the politicians and their friends since the sixties, there will be a connection.....................

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    Luigi Parsoni > AGM1 • 6 hours ago

    I hate to correct you AGM1 but Dewey Cheatem and Howe is an accounting firm. He will probably work for the law firm of Kwit, Bichin, and Setl.

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    Walmartyr > AGM1 • 2 hours ago

    This type of chicanery is widespread in courts throughout Western New York. The entire legal community is based on the old-boy network. You get appointed, promoted and elected solely based on who you know, and who you've contributed to.

    Much of it is small-scale, and involves minor payoffs, but either way, it's a perversion of justice.

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    john cappelletti > AGM1 • 5 hours ago

    Bra Association? You gotta be kidding. They cover up worse crimes.This dude pulls a sham and gets coverage by The News like he murdered someone.. We have been begging The News editor, and others, for years to expose a fraud committed on the courts by attorneys from two prestigious buffalo law firms who committed perjury, filed false documents, swore under oath that we cashed a $121,903.96 check three times, twice in the Supreme court and again in the Appellate court. Doing this while they had possession of the un-cashed check and still has today. To top that, one attorney forged three Proofs of Loss, and another attorney who was involved stated to a judge that there was "malpractice" in the case, then he became Chairman of the Bar Association, they covering up the matter. All this proven beyond a doubt by court records, documents, and testimony of forensic handwriting expert. Due process and Justice for all, except in New York State. for over 20 years we
    still waiting for promised trial, "a trier of facr", as is stated in the Appellate Court Decision. No one will touch this case with a ten foot pole, especially
    the Cuomo's, both father and son as Governors or Attorney Generals, including Spitzer.

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    Cindy > john cappelletti • 44 minutes ago

    Exactly it's happening every where.Don't tell me that every person commenting on here has not called in a favor or has tried.So where are your standards or morals!!!!!!!!!!!

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    Steve > john cappelletti • an hour ago

    I'm enjoying watching my parents being looted by lawyers during their ongoing divorce of two years. All the lawyers are doing is wasting time until they eat up their assets, mostly the money from the house that was sold. I told them both to file complaints, knowing the complaint will end up going to place other corrupt lawyers "handle" these sorts of things.

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    Bud Tugley > john cappelletti • 2 hours ago

    Try Artvoice, the best investigative journalism in Buffalo. They aren't beholden to millionaire corporate masters or Buffalo politicians.

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    john cappelletti > Bud Tugley • an hour ago

    thanks Bud. yours is the only positive answer we have gotten from the hundreds, upon hundreds, of letters we have written to attorneys, judges, editors, state and federal offices, legal aid organizations, you name it, we wrote to them. I'll drop Artvoice a line

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    Windafriendship > john cappelletti • 30 minutes ago

    Our family learned a lesson about the NYS legal system years ago when we received a bill from an attorney we NEVER hired. All I did was testify in favor for the client, who had hired the attorney at her brother-in-laws law firm. We were shocked to receive half of her bill. She hung the phone up when we questioned her about the bill, as we had nothing to do with this attorney. We took the bill to the Buffalo court, and the judge asked my husband and me, "What plant do you live on?" He then DOUBLED the fee to the attorney, and locked all of our banks accounts, until it was paid. Evil is out there. Our family prays to the one God, and hopes Good will one day triumph over Evil. No different than a terrorist, are people that prey on others.

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    Pat Liddle > AGM1 • 5 hours ago

    Attorney discipline cases move at a glacial pace. It'll happen eventually.

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    A Responsible Adult • 2 hours ago

    A clueless, mop-headed clown! Typical for his kind........

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    A Responsible Adult • 2 hours ago

    Just another self-centered scumbag of the "I"talian persuasion who used his family "connections" to get a job where he could wield his power to help his fellow goombas.

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    Hambone > A Responsible Adult • 15 minutes ago

    A 'Responsible Adult' with an 'Irresponsible comment'. What is your persuasion, so we all know what the perfect persuasion is? How about this, it's a story of a jerk who abused his power, end of story. Please do us all a favor, if you are indeed, a 'responsible adult' - don't pass your judgmental prejudices to any offspring, if you possess them. Thank you.

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    Veritas vos Liberabit • 28 minutes ago

    The judge's expression reminds me of that of José Canseco when he was exposed to juicing up..."¿HUH?"

    1 △ ▽

  3. #3
    Member andreahaxton's Avatar
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    Very sad...........for ALL of us......

    I truly am saddened for him and his family........

    And don't understand really why this all happened the way it did....................?!?

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    Member YNOTNOW's Avatar
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    Ha!

    Quote Originally Posted by andreahaxton View Post
    I truly am saddened for him and his family........

    And don't understand really why this all happened the way it did....................?!?
    NO, I'm gonna beg to differ here! I have been in his courtroom, and I have seen how he treats people. As far as this scandal goes, it couldn't have happened to a nicer guy!

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    Tony Fracasso - Admin
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    Szymanski confirmed Wednesday that Violanti has submitted his resignation letter. Violanti did not respond to a request to comment.
    Which local political party gave our community the recommendation to vote for him?

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    Member dtwarren's Avatar
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    From the Appellate Division: http://www.nycourts.gov/courts/ad4/C...f/P-13-050.pdf

    Respondent admits that, on December 7, 2012, the Lackawanna Police Department
    issued to an acquaintance of respondent a simplified traffic information
    charging the acquaintance with operating a motor vehicle with a suspended
    registration (Vehicle and Traffic Law § 512), an unclassified misdemeanor.
    Respondent further admits that, on December 24, 2012, he spoke with the
    acquaintance at a social event and, when the acquaintance mentioned the traffic
    ticket, respondent took the ticket and stated that he would "take care of it."
    Respondent admits that, on January [*2] 11, 2013, at respondent's request, a
    court officer assigned to respondent's courtroom appeared before respondent
    posing as the acquaintance. Respondent additionally admits that the court
    officer and respondent engaged in a colloquy on the record indicating that the
    acquaintance was submitting to respondent certain documents establishing that
    the alleged suspended registration was the result of an insurance company error.
    Following that colloquy, respondent from the bench stated that he was dismissing
    the traffic ticket in the interest of justice, remarking that the prosecutor,
    who was not present, would have agreed to dismissal of the matter. Respondent
    admits in this proceeding that the acquaintance neither appeared in respondent's
    court nor submitted documentation regarding the insurance coverage for the
    vehicle in question. In March 2013, after the Office of Court Administration
    commenced an investigation into respondent's conduct at issue in this
    proceeding, respondent resigned his position as Associate Judge.

    ***We conclude that respondent has violated the following Rules of Professional
    Conduct:

    ***rule 8.4 (b) (22 NYCRR 1200.0) -- engaging in illegal conduct that adversely
    reflects on [*3] his honesty, trustworthiness or fitness as a lawyer;

    ***rule 8.4 (c) (22 NYCRR 1200.0) -- engaging in conduct involving dishonesty,
    deceit or misrepresentation;

    ***rule 8.4 (d) (22 NYCRR 1200.0) -- engaging in conduct that is prejudicial to
    the administration of justice; and

    ***rule 8.4 (h) (22 NYCRR 1200.0) -- engaging in conduct that adversely reflects
    on his fitness as a lawyer.

    ***We have considered, in determining an appropriate sanction, the matters
    submitted by respondent in mitigation, including his longtime and substantial
    community involvement, as well as the fact that he derived no personal benefit
    from the misconduct. We have further considered that, when he became aware of
    the investigation initiated by the Office of Court Administration, respondent
    resigned from his judicial position and advised all parties involved to
    cooperate fully [**2] in the investigation. Finally, we have considered
    respondent's expression of remorse to this Court, which we find to be sincere.
    Respondent, however, has committed serious misconduct. Accordingly, after
    consideration of all of the factors in this matter, we conclude that respondent
    should be suspended from the practice of law for a period of two years and [*4]
    until further order of the Court.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  7. #7
    Member Frank Broughton's Avatar
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    Quote Originally Posted by YNOTNOW View Post
    NO, I'm gonna beg to differ here! I have been in his courtroom, and I have seen how he treats people. As far as this scandal goes, it couldn't have happened to a nicer guy!
    He has a great family. Stuff like this goes on in every court room in America. This is a non issue really comparatively speaking.
    The above is opinion & commentary, I am exercising my 1st Amendment rights as a US citizen. Posts are NOT made with any malicious intent.

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    Why would anyone think for a minute this isn't common place in "Party Controlled" areas?

    The Town/Village Judges are appointed by the Local Party Controllers - the Town/Village Attorney is also appointed by the same Local Party Controllers. The majority of the Law Enforcement is Friends and Family of same.

    Most of these Town/Village Attorney's and Judges also have a private practice -

    A guy,(lets say Mr. A ) - Mr .A gets a estimate for some work on his home. When the guy came for the estimate - he looked around and guesstimated around $3000.00. His cell phone rings and he says he must go.

    After a week Mr. A calls the guy and says - What's up - I need to get this done. The contractor promises to be back with a written estimate - Mr. A says - I am going to get another estimate while I am waiting.

    Five more days go by , during which Mr.A got another contractor to give him an estimate of $3500.00 and says he can start in two days. Mr. A calls the first contractor and tells him he has two days to get the deal in writing and come over with a start date. He tells the contractor he has another estimate.

    The first contractor shows up the next day with a written estimate - it did not specify what kind of finish wood nor did it include trim work. Finally the guy said, "Look I have been busy - my Boss is on my butt - I cant keep up ! - Could you just sign the estimate so I can tell my Boss I was here and you changed your mind - Mr.A out of frustration and naiveté signed the estimate and the guy left.

    Contractor 2 called and asked when he should start - within three days the job was completed as agreed - Mr.A paid five hundred more than what the first guy wanted.

    The no show contractor's Boss filed a claim against the home owner for loss of income. The home owner hired a local lawyer to represent him. They went to the Town Judge - the Judge made the home owner pay the first contractor for lost income.

    Later the home owner found out he had hired the Town Attorney and the Contractor was a member of the Village Mayors family
    .
    #Dems play musical chairs + patronage and nepotism = entitlement !

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