LAPA President: Rev. Freddie
Phillips
Louisiana Auctioneer Q & A
March 4, 2014
(Updated on April 20, 2014)
LAPA President Rev. Freddie Phillips
Q 1: What ever became of the "I's here" roll call responses?
A 1: Rev.
Phillips: "It concluded with
this letter from the
Inspector General's Office to Gov. Jindal dated February 20, 2013.
However,
LALB attorney Larry S. Bankston refused to permit me to address the matter at
the January 8, 2013 LALB meeting. Accordingly,
I filed this lawsuit on
March 6, 2013."
Q 2:
It shows LAPA Vice President Robert Burns is also a
plaintiff. What was his beef?
A 2:
Rev. Phillips:
"Mr. Bankston refused to permit Mr. Burns to address the Board regarding
what he contends were illegal per diem
payments for the Board Meeting of September 17, 2012. Those payments were
deemed illegal by the Governor's Office, and
the Governor's Office thanked Mr. Burns for his diligence in monitoring its
Executive Orders. The Governor's Office also
instructed the Board Members to refund the illegal payments, which they did. Nevertheless, the litigation
remains outstanding regarding certain Board Members (Steinkamp, Sims, and former
Member Bordelon) refusing to permit
Burns to address the issue at the January 8, 2013 LALB meeting."
Q 3:
You mentioned FORMER Board Member Bordelon. What
led to his LALB Membership being severed?
A 3:
Rev. Phillips:
"No official word has been conveyed; however, his "I's here, too" roll
call response (and his
subsequent denial of it in
this Advocate article of December 22, 2012) likely didn't help his LALB
standing any."
Q 4:
Speaking of lawsuits, can you provide a quick rundown
of each and where it stands?
A 4:
Rev. Phillips:
"Sure. Here's a recap:
"I's here suit:"
2 Dilatory Exception Hearings Held. On April 3, 2014 Judge Hernandez
DENIED defendants' exception, so an answer should
be forthcoming from defendants.
Executive Session lawsuit for 9/17/12 LALB v. Burns hearing:
Trial conducted on April 9, 2014. Although the case was dismissed, LAPA
Vice President Burns plans to appeal Judge
Fields' ruling to the First Circuit Court of Appeals.
Burns Defamation lawsuit entailing Anna Dow and Louisiana State Police Terrorism
Unit called to Burns' home.
Discovery ongoing."
Q 5:
Did we hear reference to a third attorney hired by the
LALB, Shows, Cali?
A 5:
Rev. Phillips:
"Yes, and our efforts regarding obtaining invoices for services performed
by Shows, Cali have been
fruitless. It's possible that Shows, Cali, a firm that obtains most of the
contracts awarded by AG Buddy Caldwell
may have agreed to perform their brief services at no charge (or the AG's Office
"ate" the charges) as a result of
past questionable guidance provided by the AG's office (specifically
Michael Vallan's erroneous guidance regarding
Louisiana's Open Meetings Laws and Lindsey Hunter's
ill-advised guidance to pursue 19th JDC action against LAPA
Vice President Robert Burns' walking out of an LALB hearing after being called
upon to testify when he LALB had
issued no subpoena - BOTH these actions by Louisiana AG Buddy Caldwell's Office
cost the LALB dearly in outside
legal fees).
Q 6:
Can you provide the legal fees for 2013 for Bankston
and Dow?
A
6: Rev.
Phillips:
"Yes.
Bankston's
legal fees totaled $24,099.48 while
Dow's totaled
$17,449.46 (of which $3,453.01 were
for subcontracted investigative work). The total of the two is $41,548.94,
but remember that we do not have the figures
for Shows, Cali, so this total is below what the final figure will be (or is).
Mr.
Bankston's cumulative legal billings total $33,837.43."
Q 7:
So the auctioneers have essentially covered Mr.
Bankston's fine associated with his felony conviction? Aren't these legal
fees
far
larger than in past years?
A 7:
Rev. Phillips:
"Yes and yes. Mr. Bankston's fine associated with his
felony conviction
was $20,000, so it has now been covered
by Louisiana auctioneers. Historical legal fees for the LALB used to run
from $8,000 - $15,000 annually, so clearly last year's
legal fees of almost $42,000 (exclusive of Shows, Cali) vastly exceed charges
for previous years. Basically the days of $8,000 -
$15,000 in annual LALB legal fees are likely gone for the foreseeable future."
Q 8: You said the "foreseeable future." Do you anticipate MORE lawsuits?
A 8:
Rev. Phillips: "Lawsuits have
arisen in 2010, 2011, 2012, and 2013. We'll have to see on 2014, but if the LALB
continues to show
disregard for Louisiana's Open Meetings laws, more lawsuits will inevitably
follow."
Q 9:
What's the situation regarding LAPA's requested agenda
item for Louisiana-based licensees to be able to renew their
licenses for a mere $5 processing fee in 2015?
A 9:
Rev. Phillips: "That is an item I
have requested for the March 11, 2014 meeting. More details are available
at this link."
Q 10: Getting back to Mr. Bankston, we've heard he now has his own "embarrassment page" on LAPA's website. Correct?
A 10:
Rev. Phillips:
"Yes, feel free to visit it
at this link.
The alphabetical master index of LALB embarrassments listed
by Board Member or affiliate is
always available at this link."
Q 11:
What's this about a sales tax lawsuit shown on
Jeff Henderson's page? Has that been resolved through the recent
tax
amnesty program?
A 11: Rev. Phillips:
"J. A. H. Enterprises d/b/a Henderson Auctions is indeed being
sued by the
Louisiana Department of Revenue.
A review of the lawsuit file conducted by LAPA on February 25, 2014 showed that the LA
Revenue Department filed a
Motion for Summary Judgment (means they assert no issue of material fact exists and
the Department therefore seeks
a court-ordered judgment in its favor without the need for a trial). J. A. H.
Enterprises filed
this Memorandum Opposing the
Department's Summary Judgment Motion. As of 2/25/14, the file did not
indicate
whether the Motion for Summary Judgment, which was scheduled for January 13,
2014, was granted or denied.
If granted,
presumably a Judgment will soon be filed into the record. If denied, the litigation remains outstanding.
Either way, it does not appear Henderson Auctions availed itself of any benefit offered
by the tax amnesty program."
Q 12:
Wasn't there a small-time auctioneer the LALB was trying to jam for alleged
non-payment of Calcasieu Parish sales taxes?
What ever happened with that?
A 12: Rev. Phillips:
"Yes. The Board was actively
trying to jam
auctioneer Kathleen "Sue" White; however, once LAPA Vice
President Robert Burns subtly introduced Marvin Henderson's sales tax issues
(see 2nd to last video on prior link), the
Board suddenly lost all interest in pursuing Kathleen "Sue" White."
Q 13: What
about auctioneers? Is there a listing for issues concerning them?
A 13: Rev. Phillips: "Certainly! It's readily available at this link."
Q 14: Any action ever taken regarding the whole New Orleans Auction Gallery (NOAG) / Tessa Steinkamp fiasco?
A 14: Rev.
Phillips: "No.
The corruption chronicle remains available at this link.
As LAPA has pointed out before
Ms. Steinkamp was identified
at the bottom of page two on this link as the VP, Sec., Treasurer, and Director of NOAG,
When I was on the Board, I attempted to
address a lawsuit filed in January of 2010 by Massoud Pouratian, who alleges
to have been
victimized
for $114,000 in bidding on fake paintings which
arrived with CHRISTIE'S REJECTION STICKERS
on them.
The result? Ms. Steikcamp threatened my license.
LAPA has recently examined historical problems associated
with NOAG, and we will update NOAG's webpage accordingly in the near future."
Q 15: Is
it true you have filed a complaint with the Louisiana Attorney General's Office
regarding the LALB's refusal to
place a link for LAPA on its website?
A 15: Rev.
Phillips: "Yes. Full details on the entirety of that
matter are available at
this link."
Q 16:
What about CE? We heard there was a push to
restore it. Was there? Where does it stand?
A 16: Rev.
Phillips: "Mr. Wiley Collins, soon after being elected
President of the LAA, did make an appeal before the LALB
to restore CE. You can see his presentation
this link. Since
that time, Mr. Collins has not appeared before the LALB
to follow up on his stated intent to present a firm proposal to reinstate CE in
Louisiana."
Q 17: Didn't Mr. Collins also have some less-than-flattering commentary about LAPA at that same meeting?
A 17: Rev. Phillips: "Yes. Anyone is free to view his commentary at this link."
Q 18: What about Ms. Edmonds' payroll problems. Have they been discussed publicly by the Board?
A 18: Rev.
Phillips: "The
Inspector General's Office issued this report December 9, 2013. In it,
they indicated Ms. Edmonds
is frequently on the LALB (& IDB) payroll "performing no public purpose."
They also cited out-of-state vacations Ms. Edmonds
has taken (for BOTH Boards) while reporting being "on the clock." They also
indicated that she lied to investigators with the
IG's office when questioned about the practice. For her deceit, the IG
recommended 'appropriate disciplinary action, up to
and including termination.' Nevertheless, neither Board has opted to
address the matter in any formal manner at a
Board Meeting, nor has it been placed on either Board's agenda for discussion."
Q 19: Care to share with us what you discussed with Gov. Jindal about 60 days ago?
A 19: Rev.
Phillips: "I
did chat with Gov.
Jindal in early January of this year. Out of respect for our
discussions and anything his
office may have in the works regarding the LALB, I will refrain from elaborating
on specifics of our discussions."
Q 20: When you said last year that many things were happening "behind he scenes" on LAPA's website, you weren't kidding, huh?
A 20:
Rev. Phillips: "No, and we've been
delighted with the feedback we've gotten, especially from consumers.
Furthermore, I have
no intention whatsoever to back down from what I believe is an indefensible
stand on the part of the LALB regarding a LAPA
link. Stay tuned, folks. More litigation may very well be on the way
in coming weeks and months."
.
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