McHenry County Blog

Keith Nygren

Lou Bianchi

Two local official holders in opposite factions of the McHenry County Republican Party have had legal expenses in the last half year, McHenry County State’s Attorney Lou Bianchi and McHenry County Sheriff Keith Nygren.

We know where Bianchi’s legal fees for defense attorney Terry Ekl came from.

$275,000 was approved by the McHenry County Board in return for indemnification and a cut of any winnings from a civil law suit against Special Prosecutors Henry Tonigan and Thomas McQueen, plus their investigative firm Quest International.

Nothing was advanced from his campaign fund, which ended September with $93,700 in the bank. (The report due January 16th has not yet been filed.)

Nygren has engaged attorney Mark Gummerson to represent him in former Deputy Zane Seipler’s attempt to have a Special Prosecutor named to investigate whether the Sheriff used taxpayer resources to advance his campaign.

The Sheriff has almost $12,300 in his campaign checking account and has spent $1,300 in the last three months of 2011, but none says, “Legal Expenses.”

So, unlike Governors George Ryan and Rod Blagojevich, neither McHenry County politician spent contributors’ money to defend himself from legal challenges.

Without admitting liability, the McHenry County Board voted 18-3 to pay Terry Ekl and Ernest DiBenedetto $275,000 to settle claims of over $600,000 in legal fees and expenses to defend State’s Attorney Lou Bianchi and his assistant Joyce Synek.

Nick Provenzano explains that the agreement was approved "to save money." County Board Chairman Ken Koehler sat next to him at a post-meeting press conference.

Lou Bianch attorney Terry Ekl

That is $5,000 less than the $280,000 that Ekl requested in September of last year.

“It represents action by this County Board to save money,” Law and Justice Committee Chairman Nick Provenzano observed.

The payment, to be made within ten days, is “for full and final satisfaction if all legal fees, costs and expenses” related to the

Lake County Assistant State's Attorney Daniel L. Jasica

case brought by Henry Tonigan and Thomas McQueen in their capacities as Special Prosecutors appointed by then-Associate Judge Gordon Graham.

The settlement document and release does not, however, “release, acquit or discharge any claims against the Special State’s Attorneys” (Tonigan or McQueen) “or Quest Consultants International, or its employees.”

Should such a civil suit be successful, Bianchi and Synek agree to pay the County up to $275,000. Unless awarded legal fees, the two would deduct out-of-pocket expenses and one-third of attorneys’ fees.

Should Bianchi and Synek sue those involved in the two prosecutions, which were so poorly presented that they both resulted in directed verdicts, the two agree not to pursue any liability against county taxpayers or its insurers.

Lake County Assistant State’s Attorney Daniel J. Jasica will represent McHenry County’s interests. Such cross-county representation when there is a conflict of interest is not new to the two counties. There will be no charge for Jasica’s service.

The vote on the agreement was 18-3.

Paul Yensen

Kathy Bergan Schmidt

The two Democrats, Paula Yensen and Kathy Bergan Schmidt, plus retiring Republican Marc Munaretto, were the “No” votes. Absent from the meeting were Randy Donley and John Hammerand. Barb Wheeler left during the closed session prior to the time the Board voted in open session.

The McHenry County Board won’t allow the public to take an advance look at the resolution it will consider at its Tuesday morning meeting, but last September, McHenry County Blog published an article about its starting point.

Here’s what is on the bottom of the Tuesday agenda:

How will the County Board deal with the legal expenses incurred by State's Attorney Lou Bianchi as a result of Judge Gordon Graham's Special Prosecutors?

It is reprinted today:

An Over Million Dollar Offer the County Board Can’t Refuse

Then-Associate Judge Gordan Graham's court order that started the wheels in motion for the potential $1.6 million obligation for McHenry County taxpayers. Click to enlarge.

The Northwest Herald’s Kevin Craver had an exclusive yesterday about a deal being considered by the McHenry County Board to dig itself out of the financial hole its unquestioning members have dug.

Without demanding detailed bills from Judge Gordon Graham, the County Board authorized payment of several hundred thousand dollars of legal and investigative fees to Special Prosecutor Henry Tonigan, Thomas McQueen and Quest International.

As someone who has stopped counting the amount spent on divorce lawyers when the total reached $100,000, I can tell you I have never paid an attorney a dime that did not have itemized backup.

Yet, the McHenry County Board did just that.

Until McHenry County Blog published Quest International’s billings, County officials had no clue that subpoenas were being served at sometimes ten times the cost the Sheriff’s Office would have charged.

Clearly the Special Prosecutor was not treating his fiduciary duty to the taxpayers seriously.

Now McHenry County State’s Attorney Lou Bianchi’s spectacularly successful defense attorney Terry Ekl has made an offer the county can’t refuse.

It doesn’t involve a horse’s head in the bed either.

He is offering to go after Tonigan, his assistant Special Prosecutor McQueen and investigative firm Quest International in a Federal Civil Rights violation case with the taxpayers getting a substantially reduced fee for defending Bianchi and his secretary Joyce Synek first.

$280,000 would have to be paid upfront, but of any money won on Bianchi’s and Synek’s claims, the county would get the first $298,000.

In addition, McHenry County would get two-thirds of anything won on its separate claims with Ekl getting one-third.

By accepting the proposal, the county could end up paying far less for this fiasco than if it just continued writing checks for unitemized legal and padded investigative work.

Otherwise, Ekl plans to ask Judge Joseph McGraw for something in the neighborhood of $650,000 for his and Ernest DiBenedetto’s defense work. There is no additional request to pay investigators on the defense side of the case.

With Tonigan-selected investigative firm Quest having billed about $300,000, does anyone think the total bill from the Special Prosecutors won’t exceed $1 million?

So, let’s assume the county has $1.6 million–both sides of the case–that it will have to pay, if the board does nothing.

The county will not have to pay any of Ekl’s legal fees in Federal Court. He would be representing Bianchi and Synek, plus McHenry County on a contingency fee basis.

To repeat, the county would get the first $298,000 to repay the reduced legal fees of Ekl and DiBenedetto. That would come from the winnings Ekl believes that will result from Bianchi’s and Synek’s claims.

In addition, two-thirds of any money recovered beyond that amount on the separate claim(s) of the county would go into the public treasury. Elk would get the other one-third.

The case against those involved with prosecuting Bianchi, Synek, Ron Salgado and Mike McCleary might be challenged on the basis of fraudulent and unnecessary billing.

It might include the assertion that the case should have been quickly closed because the charges made by Amy Dalby were all outdated, that is, barred by the statute of limitations.

Maybe a breach of fiduciary responsibility will be included.

= = = = =

A note about confidentiality. Those who participate in Executive Sessions (that is, secrete meetings) are not prohibited by law from sharing what is discussed with others. Ask former Crystal Lake Park Board member Leona Nelson about that.

Social pressure certainly can and is applied to keep the public from knowing what the “insiders” know.

So, how did the Northwest Herald reporter get his inside information?

My guess is that, with primary elections coming up, someone want to gain his favor.

The sources for this story, by the way, was neither the Northwest Herald nor any county board member.

Following the example of Congressman Randy Hultgren with his pizza party the Friday night before last, State Rep. Kent Gaffney is using free food to try to get know more of his constituents.

The email from McHenry County GOP Executive Director Geri Davis sums the opportunity up,

“Meet and greet State Representative Kent Gaffney and his wife Elizabeth on October 29 from 5-8pm at the Wool Street Grill in Cary. Free Food & Beverages.”

The location of Kent Gaffney's Oct. 29th event.

This approach didn’t start with Hultgren, of course.

Back with Skip Tonigan was running for Circuit Court Judge, he treated Republican Precinct Committeemen to treats and drink at a Biltmore Country Club near the intersection of Routes 59 and 12.

Congressman Phil Crane had sit down dinners, but I can’t remember where.

The Gaffney event is 800 Feinberg Court in Cary.  Not having a clue where that is, I looked it up and share the map with you.

Then-Associate Judge Gordan Graham's court order that started the wheels in motion for the potential $1.6 million obligation for McHenry County taxpayers. Click to enlarge.

The Northwest Herald’s Kevin Craver had an exclusive yesterday about a deal being considered by the McHenry County Board to dig itself out of the financial hole its unquestioning members have dug.

Without demanding detailed bills from Judge Gordon Graham, the County Board authorized payment of several hundred thousand dollars of legal and investigative fees to Special Prosecutor Henry Tonigan, Thomas McQueen and Quest International.

As someone who has stopped counting the amount spent on divorce lawyers when the total reached $100,000, I can tell you I have never paid an attorney a dime that did not have itemized backup.

Yet, the McHenry County Board did just that.

Until McHenry County Blog published Quest International’s billings, County officials had no clue that subpoenas were being served at sometimes ten times the cost the Sheriff’s Office would have charged.

Clearly the Special Prosecutor was not treating his fiduciary duty to the taxpayers seriously.

Now McHenry County State’s Attorney Lou Bianchi’s spectacularly successful defense attorney Terry Ekl has made an offer the county can’t refuse.

It doesn’t involve a horse’s head in the bed either.

He is offering to go after Tonigan, his assistant Special Prosecutor McQueen and investigative firm Quest International in a Federal Civil Rights violation case with the taxpayers getting a substantially reduced fee for defending Bianchi and his secretary Joyce Synek first.

$280,000 would have to be paid upfront, but of any money won on Bianchi’s and Synek’s claims, the county would get the first $298,000.

In addition, McHenry County would get two-thirds of anything won on its separate claims with Ekl getting one-third.

By accepting the proposal, the county could end up paying far less for this fiasco than if it just continued writing checks for unitemized legal and padded investigative work.

Otherwise, Ekl plans to ask Judge Joseph McGraw for something in the neighborhood of $650,000 for his and Ernest DiBenedetto’s defense work. There is no additional request to pay investigators on the defense side of the case.

With Tonigan-selected investigative firm Quest having billed about $300,000, does anyone think the total bill from the Special Prosecutors won’t exceed $1 million?

So, let’s assume the county has $1.6 million–both sides of the case–that it will have to pay, if the board does nothing.

The county will not have to pay any of Ekl’s legal fees in Federal Court. He would be representing Bianchi and Synek, plus McHenry County on a contingency fee basis.

To repeat, the county would get the first $298,000 to repay the reduced legal fees of Ekl and DiBenedetto. That would come from the winnings Ekl believes that will result from Bianchi’s and Synek’s claims.

In addition, two-thirds of any money recovered beyond that amount on the separate claim(s) of the county would go into the public treasury. Elk would get the othe one-third.

The case against those involved with prosecuting Bianchi, Synek, Ron Salgado and Mike McCleary might be challenged on the basis of fraudulent and unnecessary billing.

It might include the assertion that the case should have been quickly closed because the charges made by Amy Dalby were all outdated, that is, barred by the statute of limitations.

Maybe a breach of fiduciary responsibility will be included.

= = = = =

A note about confidentiality. Those who participate in Executive Sessions (that is, secret meetings) are not prohibited by law from sharing what is discussed with others. Ask former Crystal Lake Park Board member Leona Nelson about that.

Social pressure certainly can and is applied to keep the public from knowing what the “insiders” know.

So, how did the Northwest Herald reporter get his inside information?

My guess is that, with primary elections coming up, someone want to gain his favor.

The sources for this story, by the way, was neither the Northwest Herald nor any county board member.

Over the last week or so, McHenry County Blog has laid out the bills submitted by Quest International, the investigative firm hired by Special Prosecutors Henry Tonigan and Thomas McQueen in its failed mission to convict McHenry County State’s Attorney Lou Bianchi for official misconduct.

Robert Scigalski

Not much this month before Bianchi’s second trial–just $236.25.

All of it resulted from activity on the part of Robert Scigalski.

7-8-11 0.75 hours – Meet with investigators for subpoena service/ Receive and review subpoeana

7-12-11 1 hour – Meeting with special prosecutor McQueen re subpoena requirements and review subpoenas

There was more money billed the Special Prosecutors of McHenry County State’s Attorney Lou Bianchi in June than in May.

Submitted to Henry Tonigan and Thomas McQueen was an invoice for $9,091.65. That includes hourly billing at $135 per hour, plus mileage.

Robert Scigalski, Pat Hanretty, Dan Jerger and Gerald Theis had billable hours. Although at times Scigalski has billed $70 per hour for travel, in June he billed $135 per hour.

Here are the details for Scigalski:

6-21-11 1 hour – Review judges order and contact with Agents Hanretty, Reilly, Their, O’Connell, Jerger

6-23-11 3 hours – Meeting at Tonigan’s office with McQueen & Flosi to prepare for hearing before Jdg McGraw.

Winnebago County Courthouse

6-24-11 7.25 hours – Pre-hearing meeting & review at Tonigan’s office w/ McQueen, Jerger & Flosi & travel to Rockford/ attend hearing & return.

Billing by Pat Hanretty:

6-24-11 7.5 hours – Pre hearing conference at Wynstone, Appearance at Discovering Hearing in Rockford, IL.

Billing by Dan Jerger:

6-22-11 1 hour – Per request of McQueen, prepared materials for discover and emailed to Tom McQueen. Performed imaging for preservation.

6-24-11 8 hours – Prepared, and traveled to 102 South Wynstone, Park Drive, Suite 100, North Barrington, IL 60010. Met with Tom McQueen. Traveled to and returned from Rockford courthouse. Appeared at hearing. Continued imaging for preservation.

6-25-11 5 hours – Forensically imaged systems for preservation.

6-26-11 1.5 hours – Forensically imaged systems for preservation.

6-28-11 2 hours – Forensically imaged systems for preservation.

6-29-11 2 hours – Forensically imaged systems for preservation.

Billing by Gerald C. Theis:

6-24-11 5.5 hours – Travel to Rockford to attend heading and return.

McHenry County Blog today presents the May, 2011, bills from Quest International.

Special Prosecutors Thomas McQueen and Henry Tonigan, plus Quest International investigator Robert Scigalski appear at a press conference to announce the second indictment of Lou Bianchi. Photo by First Electric Newspaper.

As the prosecution awaits the second trial of McHenry County State’s Attorney Lou Bianchi, investigator Robert Scigalski isn’t given a lot of work to do. Just 9.5 hours are billed, totaling $1,282.50. Although mentioned, Quest investigator Patrick Hanretty bills nothing.

Unlike sometimes previously, Scigalski does not bill $70 an hour for travel, but, instead, bills the investigatory rate of $135 per hour for travel.

The details follow:

5-5-11 7.25 hours – Per instructions of McQueen, prepare ordered discovery material involving reviewing all docs, copying, copying data disks and reporting results.

5-25-11 1.25 hours – Travel to Tonigan’s office as requested by McQueen for 3:30 meeting and return

5-26-11 0.75 hours – Review and provide documents to McQueen as instructed/ locate, copy send copies of Right to Live Victory PAC [sic] to McQueen/ review copies of docs sent by Weyna to Haretty for quality determination.

5-31-11 0.25 hours – Call from McQueen re info on Salvi investigation and call to and from Hanretty re interview results.

McHenry County Blog moves on to the April bill submitted by Quest International in the criminal investigation started by Associate Judge Gordon Graham by his appointment of Special Prosecutor Henry Tonigan.

Investigators Robert Seigalski, Lee Flosi, Patrick Hanretty, Gerald Theis, James P. Reilly and Dan Jerger bill the Special Prosecutors $135 per hour, except for some travel, which Scigalski notes he bills at $70 an hour. The others do not bill $70 for travel time.

Bob Scigalski's photo was taken by Pete Gonigan of First Electric Newspaper.

Here are the bills for April, 2011, in chronological order:

4-12-11 2 hours – Scigalski: Conf call with McQueen, as directed, Review all McHenry County interviews and reread seven relating to the second prosecution.

4-14-11 0.5 hours – Jerger: Prepared materials for discovery including T15.

4-18-11 2 hours – Jerger: Prepared materials for discovery.

4-19-11 3 hours – Jerger: Prepared materials for discovery and provided to Bob Scigalski.

The total bill for April was a modest $1,645.

Today McHenry County blog looks at March, 2011, billings from Quest International.

Quest is the company selected by McHenry County Special Prosecutor Henry Tonigan in his unsuccessful quest to convict McHenry County State’s Attorney Lou Bianchi of felony criminal offenses.

From left to right are Assistant Special Prosecutor Tom McQueen, Special Prosecutor Henry Tonigan and Quest investigator Robert Scigalski. Photo credit: First Electric Newspaper.

Robert Seigalski, Lee Flosi, Patrick Hanretty, Gerald Theis, James P. Reilly and Dan Jerger bill the Special Prosecutors $135 per hour, except for some travel, which Scigalski notes he bills at $70 an hour. The others do not bill $70 for travel time.

Here are the billings for March of this year:

3-1-11 2 hours – Jerger: Prepared discovery materials. Verify and label copies of evidence for production.

3-2-11 3.5 hours – Jerger: Prepared discovery materials. Prepared, traveled to and returned from 901 Warrenville road, Suite 176, Lisle, IL 60532. Dropped off evidence CD’s to Mary Nash, assistant to Terry A. Ekl of Ekl Williams PLLC. Updated McQueen telephonically.

3-3-11 3.75 hours – Scigalski: Call to Nichole Owens / call to McQueen / work on subpoena requiring internal communications

3-5-11 4 hours – Scigalski: Work on subpoena compliance making sure all McHenry relevant emails & notes are gathered, copied and notebooked.

3-6-11 4 hours – Scigalski: Meeting at Tonigan’s office / review with T. Carroll

3-6-11 3 hours – Jerger: Prepared materials for discovery.

3-7-11 6 hours – Jerger: Prepared materials for discovery. Reviewed case details.

3-8-11 9 hours – Jerger: Prepared materials for discovery production. Prepared, traveled to, and returned from 102 South Wynstone Park Dr. Suite 100, North Barrington, Il 60010. Met with Judge Henry “Skip” Tonigan and Tom McQueen to discuss case updates and strategy.

3-9-11 10 hours – Jerger: Prepared materials for discovery. Reviewed case details

3-10-11 1.5 hours – Flosi – Served subpoena on Keith Chval, Clarendon Hills, IL

3-10-11 9 hours – Jerger: Prepared materials for discovery. Reviewed case details

3-11-11 1.5 hours – Flosi – Served subpoena on Ronald Weiss, Arlington Heights, IL.

3-11-11 4 hours – Jerger: Prepared discovery materials. Prepared, traveled to and returned from…Lisle…Dropped off T2 evidence tape and T4CD to Tracy Kreczmer with Ekl williams PLLC. Updated McQueen telephonically and email.

3-12-11 1 hour – Jerger: Reviewed case details.

3-13-11 4 hours – Scigalski: At Tonigan’s Office, Participate in interview/ trial prep of A. Dalby. Again, later meeting at Tonigan’s office with McQueen for interview of Ron Weiss/ email Ownes/ call to Rein.

3-13-11 – Jerger: Prepared, traveled to, and returned from…North Barrington. Met with Judge Henry “Skip” Tonigan and Tom McQueen to discuss case. Reviewed case materials.

3-14-11 2 hours – Scigalski: Prep for and conference call with Tonigan and Nicole Owens and with McQueen

3-14-11 8 hours – Jerger: Reviewed details in preparation for meeting with Tom McQueen.

3-15-11 8 hours – Jerger: Prepared, traveled to, and returned from…North Barrington. Met with Tom McQueen to discuss case. Reviewed case materials.

3-16-11 1 hour – Flosi – Attempted to locate Sgt. Harris for subpoena service.

3-16-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-17-11 8 hours – Scigalski: Continue work on trial materials. Continue review for confirmation of production of all reports and notes beyond original order.

3-17-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-18-11 7.5 hours – Scigalski: Review ints – Weiss, Sullivan & Rein / prep PDF’s & email/ contact and email McQueen/ Call to Mist. Sgt. J. Jarris/ Call Chval w email/ confirm Subpoena – Harris

3-18-11 1 hour – Flosi – Served subpoena on Sgt. Harris, c/o Dispatch Desk, Illinois State Police H.Q., 9511 W. Harrison, Des Plaines, IL.

3-18-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-19-11 2.5 hours – Scigalski: At HT’s [Henry Tonigan's] office- Meeting to debrief Carroll

3-19-11 8 hours – Jerger: Prepared, traveled to, and returned…from North Barrington. Met with Tom McQueen to discuss case. Reviewed case materials.

3-20-11 2.5 hours – Scigalski: At HT’s office – Meeting with McQueen to debrief Dalby

3-20-11 5 hours – Jerger: Reviewed case details in preparation for trial.

The defendants and defense teams leave the McHenry County Courthouse after adquittal is announced without the defense having put on any witnesses.

3-23-11 Bianchi, Synek Acquitted of All Charges

The grand total for the February and March, 2011, bill from Quest International was $46,875.04.

April tomorrow.