You’re unbelievable

Astounding Coincidences in Vermont Politics, EB-5 Scandal Edition…

a. Five days before the Bill Stenger/EB-5 scandal broke wide open, the Shumlin administration requests the deletion of archived emails from five former staffers in Shumlin’s office. One of the five is Alex MacLean, who left state government to take a job with Stenger’s massive development project.

b. On the day before the scandal broke, Senator Pat Leahy — until then a staunch supporter of EB-5 and Stenger — adopted a much more skeptical tone toward EB-5, saying that the program needed a major overhaul if it’s going to stay in business. Leahy insists he knew nothing about the imminent collapse of Stenger’s (alleged) pyramid scheme.

You know, call me a cynic, but I don’t believe any of it.

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Let’s not let ’em rewrite history

Governor Shumlin calls the Stengerville Scandal “a dark day for Vermont.” Well, no, not really.

It’s a bad day for the Northeast Kingdom. For the rest of Vermont, it’s not going to make much of a difference. Not in economic terms, anyway.

No, the day is darkest, by far, for Vermont’s political and business elite, who have eagerly promoted this project for years, and have done Captain Renault proud in overseeing a couple of guys who spun a tale too good to be true, and who turned out to be fraudsters on a massive scale.

A lot of smart people acted like rubes. They were completely taken in by the immigration equivalent of a Nigerian email scam. And many of them should be held to account. My own list includes the past two Governors (the fraud began “from day one” in 2008, which means it was the Douglas administration that orchestrated this deal and established the regulatory process that failed so spectacularly), the past three Secretaries of Commerce and Community Development, the various bureaucrats who were directly tasked with EB-5 oversight, top lawmakers from both parties, business leaders who might have realized it was in their interest to avoid an embarrassing and wide-ranging financial scandal in their backyards, and various and sundry members of the political establishment — whose number, IMO, includes one Phil Scott, a contented and connected establishmentarian since 2002, I believe.

The day is even darker for would-be immigrant investors, many of whom will not only never see their money again, but will also never get their green cards. But hey, they’re just a buncha foreigners, so whatever.

As far as I know, nobody has yet asked Governor Douglas or his top economic-development officials any hard questions about the creation of the Stenger/Quiros EB-5 project, which happened under his watch. Douglas happily traveled around the world on Stenger’s dime (cough, I mean, his foreign marks’ dime) promoting the project, thus helping Stenger and Quiros perpetrate their massive fraud.

I do hope somebody pins down Jim Douglas on all of this. We need to know how it happened so we can prevent it from ever happening again.

As for Governor Shumlin, still busily depicting himself as the hero of this two-bit melodrama, well, more evidence that he’s just blowing smoke comes to us from a younger Paul Heintz, writing in Seven Days a full four years ago. 

Reminder: Shumlin is asserting that he started feeling queasy about Stengerville in 2014, which led to transferring oversight from ACCD to the Department of Financial Regulation. It was the DFR’s bloodhounds who did much to uncover the scam.

Which doesn’t explain why Shumlin resolutely kept his doubts to himself until the scandal broke wide open this week. It also doesn’t explain why Shumlin didn’t think anything was wrong until 2014, since there were definite signs of trouble a full two years earlier. Take it away, Younger Paul Heintz, dateline April 4, 2012:

… one of Jay Peak’s closest associates, Rapid USA Visas, recently disparaged Stenger and his company by publicly severing its ties with the resort and questioning its financial health.

For five years, Rapid USA had worked closely with Jay Peak to attract foreign investors.

… That changed [in March 2012], when hundreds of immigration attorneys around the world received an email from the firm that announced, “Rapid USA no longer has confidence in the accuracy of representations made by Jay Peak, Inc., or in the financial status of and disclosures made by [it].”

Now, there’s a big red flag if ever I saw one. A company whose business is enabling EB-5 programs suddenly backs away from Stenger. And, pray tell, how did the Shumlin administration respond?

“We, of course, wanted to take a closer look, so we spent the entire day at Jay after that letter,” says James Candido, who directs the state’s EB-5 program at the Agency of Commerce and Community Development. “There was absolutely nothing that was out of the ordinary.”

A day.

A day.

A whole bleepin’ day. Presumably in the company of Stenger and friends. And presumably the state Commerce officials didn’t have the accounting expertise that, say, the Department of Financial Regulation could bring to bear.

Wouldn’t have mattered anyway, because ONE FRICKIN’ DAY is not enough to untangle a carefully-constructed fraudulent enterprise. It is enough to share a drink with good ol’ Bill Stenger and fill up on his silver-tongued reassurances.

(By the way, would it surprise you in the slightest to hear that Mr. Candido left ACCD in 2012 to take a job with a Boston law firm developing an EB-5 project out west? No? Oh, you cynical bastard. Welcome to the club.)

This wasn’t the only red flag concerning EB-5 in Vermont that predated Shumlin’s self-proclaimed Eureka moment. Heintz goes on to recount the sad story of DreamLife, a Canadian company that promised to use EB-5 money to build four luxurious senior-living complexes in Vermont.

Problem: DreamLife was basically a company whose sole function was to attract EB-5 investors and skim off commissions. And the company was spectacularly unsuccessful; it never attracted investors, and never even began acquiring land for its developments.

Former DreamLife employee Douglas Littlefield says the company has reneged on numerous business commitments. “Personally, I don’t think he should have been allowed to come to Vermont,” says Littlefield, who was hired two years ago to scout potential sites. “I wish anyone who works with him good luck.”

“He” is DreamLife founder Richard Parenteau, a man with a checkered past who had to cut ties with DreamLife when his legal entanglements in Canada prevented him from crossing the border to do business in the States. And what Littlefield is saying, basically, is “How in hell did the state of Vermont let this guy get a foot in the door?”

You can read many more details at Heintz’ 2012 piece, which is strongly recommended. Suffice it to say, there was a hell of a lot of smoke, and even some visible flames, around Vermont’s EB-5 program long before Shumlin attained clarity in 2014. The pot of gold at the end of the rainbow was too enticing for Shumlin to start asking questions about EB-5 until he had no choice.

He chooses to start his narrative from a point in time that makes him look good. Or at least not quite so bad. We shouldn’t let him get away with it.

Nor should we let Shumlin take all the blame. Jim Douglas, what say you? Any regrets? Any apologies for the EB-5 investors you helped ensnare in Stenger’s web of deceit?

Phil Scott, you’re casting postdated aspersions about Shumlin’s oversight of Stengerville. What’s your record on EB-5 projects? Have you touted EB-5 as a valuable tool for economic development? Have you been there, smiling and punching shoulders, at project unveilings? Have you cozied up to EB-5 developers? Have you gone on any junkets?

As for the rest of you… well, you know who you are, and your time will come.

Let the rewriting of history commence

Slightly off topic: Good thing the Burlington Free Press published its advertorial piece about Q Burke (written by a Q Burke PR person) before the shit hit the fan at Stengerville. I hope the Freeploid got paid in advance, because Stenger’s not cutting any checks anytime soon. The article, identified as “NEWS,” can still be viewed on the Freeper’s website. At least for now. I’m surprised they haven’t consigned it to the dark web already.

Anyway, on with the shitshow. Unsurprisingly, Governor Shumlin has launched full-steam-ahead into a thorough rewrite of history. He’s claiming that he saw the Stenger/Quiros scandal coming before everyone else, and his administration took proactive steps to uncover the scandal and limit the damage.

Bwahahahahahahahahahaha.

If true, his response to the scandal was astoundingly muted. It looks as though he began slowly edging away from his previous boosterism for the project, which included many an international junket which saw him doing his level best to steer investors into the Stenger/Quiros web of fraud and deceit. Slowly edging away, but otherwise holding his tongue. How unlike a watchdog.

I wonder what he’d say to all those investors if he was somehow confronted by them all. Do I hear a “nothingburger”?

Perhaps I’m being overly harsh on the Guv, since he didn’t have direct oversight on EB-5 projects, he inherited the oversight process from the administratively flawless Douglas administration, and the Stenger/Quiros plan seemed like such a boon for a long-depressed part of the state. But his words today just made my blood boil.

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When the shit volcano erupts, everybody runs for cover

When you’ve got a big development scheme in your state that’s had the enthusiastic backing of The Great and Powerful, what’s the last thing you want to hear?

“Ponzi-like scheme”?

“Systematically looted”?

“… the gamut from false statements to deceptive financial transactions to outright theft”?

“… pilfering tens of millions of dollars in investor money”?

Yep, we’ve got ’em all, as Mount Quiros, the shit volcano, erupts and everybody runs for cover lest their expensive suits get ruined.

You know, it’s not very often that the term “clusterfuck” is an understatement, but here we are.

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There’s a gnat buzzing Beth Pearce’s head

Oh goodie. In this campaign season full of ill-considered, no-hoper, “who asked for this” candidacies, comes yet another: a 30-year-old financial analyst with no political experience who’s only lived in Vermont for four years has decided to challenge State Treasurer Beth Pearce for the Democratic nomination.

Hahahaha.

You go to any campaign or party event, Beth Pearce gets louder cheers and more applause than anybody else. She is incredibly popular. She is not losing the primary, no way, nohow.

The financial analyst in question, Richard Dunne, is running because he favors divestment of state funds from fossil fuel stocks. He’s on the same page as Governor Shumlin among many others. And Pearce’s steadfast opposition to divestment has been a thorn in Shumlin’s side since he started tub-thumping the issue earlier this year.

But there’s no way he’s backing a challenger. There’s no way Dunne can ride this one issue to victory in the primary. And Pearce’s stand on divestment should not put her in danger of losing her post.

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Your Plug-N-Play guide to writing Phil Scott press releases

Phil Scott’s press releases are so damn predictable. I’m sure he has a template on file. Anytime there’s a bit of bad economic or business news, no matter how irrelevant to state government, you just plug in the bit of news and add boilerplate language about “affordability” and “bad business climate” and “those scalawags in Montpelier” (by which he means Not Phil Scott, which is itself worth a laugh since he’s been part of Montpelier’s in-crowd for a good fifteen years).

Click “Save” and “Send.” There you go.

The latest cookie-cutter release from the Scott campaign is about the closure of the Manchester-area Chamber of Commerce. That Chamber apparently existed solely as a conduit for health insurance coverage for its members. After the onset of health care reform, it was stripped of that function — and it became apparent that nobody was interested in supporting the Chamber for any other reason.

Does that mean health care reform was a mistake? Of course not. If the Chamber can’t gin up enough money to keep the lights on without being an insurance middleman, then it won’t be missed.

Well, it did serve one purpose in dying: it gave Phil Scott a pretext for firing up his Press Release-O-Meter. A flimsy pretext, but that’s all he needs.

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Foxes Establish Henhouse Access Rules

Here’s another sign that Vermont’s Founding Fathers may have been drunk when they wrote our Constitution. Which, among other flaws, appears to give the Legislature sole authority over its own ethics.

Today, the Senate Rules Committee showed why that’s such a bad idea. While the Judiciary Committee has been busily slashing a proposed Ethics Commission into a glorified filing cabinet, the Rules Committee has been developing a parallel process for its own members.

Today, the Rules Committee adopted an ethics process for the Senate. And according to Seven Days’ Nancy Remsen, the Senate ethics process is designed, first and foremost, to ensure that its members are protected from public embarrassment. (To clarify: she didn’t say that, I did. But her outline of the procedure allows no other interpretation.)

As I’ve written before, the House Ethics Panel is a sorry-ass excuse for a watchdog. The Senate ethics panel won’t be any better, and may be significantly worse.

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The small-D democratic case for Hillary

The pressure is growing on the four Vermont superdelegates to drop Hillary Clinton in favor of Bernie Sanders. Well, the voices of the disaffected are growing louder, anyway. I don’t see any sign of a mass movement.

Nor should I. As I’ve explained before, the superdelegate system is a legitimate expression of a party’s legitimate self-interest. No presidential primary season has ever been a pure reflection of the popular vote; the presidential selection system is governed by the parties because their nomination is a prize that is theirs to bestow.

Superdelegates are people who have served the Democratic Party well and loyally. It’s reasonable to argue that they deserve a voice in the presidential selection process.

Which won’t convince Sanders supporters who believe they’re getting screwed. But let’s put it this way:

… by every possible democratic measure, Clinton is winning. She’s winning in states (and territories) won, which isn’t a meaningful margin of victory anyway. She’s winning in the popular vote by 2.4 million votes — more than a third more than Sanders has in total. In part that’s because Sanders is winning lower-turnout caucuses, but it’s mostly because he’s winning smaller states. And she’s winning with both types of delegates.

That’s from Philip Bump of the Washington Post. And the numbers don’t lie: Hillary Clinton has won 2.4 million more votes than Bernie Sanders. Indeed, if there were no superdelegates at all, and the delegates were apportioned based on the vote, Clinton would still have a substantial lead over Sanders. She would still be the clear favorite to win the nomination.

She is The People’s Choice, f’real.

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Last one out of House leadership, turn out the lights

Welp. Earlier this week, House Democratic caucus stalwart Tim Jerman announced he wouldn’t run for re-election. Today, Tony Klein, longtime chair of the House Natural Resources and Energy Committee, did the same. And since he’s actually my State Rep and I made some comments about Jerman, I’d better do the same for Klein.

Clearly, the Dr. Evil Lookalike Contest will be a wide-open affair in next year’s caucus. Otherwise, the House is losing a staunch advocate for renewable energy. Which, in some people’s eyes, really does make him Dr. Evil. For me, he’s a champion who has worked hard, and mostly quietly, to keep Vermont progressing toward a renewable future.

He told Seven Days’ Terri Hallenbeck that he actually made the decision early this year, but waited until the session was further along before going public. The timing will allow potential candidates to make plans before the late-May filing deadline.

He will have one more Sisyphean task to complete: trying to clean up the hash of an energy siting bill passed by the Senate last week. I bet he’s looking forward to a close examination of that turd. (On that note, he told VTDigger that he hopes to “remain involved in the energy field and the solid waste field.” Yeah, he’s been shoveling the manure for quite a few years now.)

But he’s used to it, and he faces legislative challenges with a smile and the occasional sarcastic remark.

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Erasing the line at the Freeploid

So I visited the Burlington Free Press’ website, just to see if they had anything new to report.

And there, in the prime spot on the homepage, the location for its biggest story, I saw this:

Screen Shot 2016-04-08 at 5.41.59 PM

Hmm, I thought. Strange time to be putting a feature article about Q Burke on the homepage, After all, the resort has been in the news for all the wrong reasons lately — thanks to Bill Stenger’s continued struggles with state regulators over his EB-5 investment scheme.

And then I thought, well, they’ve got to fill that “Freshies” section somehow, so I guess they’re filling their news hole with a dual-purpose soft feature. Advertiser-friendly, but not outrageous.

But then I clicked on the link and scrolled down through the story. Which is, in fact, a very soft feature about Q Burke. And at the bottom was this note about the writer:

Jessica B. Sechler is marketing manager at Q Burke Mountain Resort.

Aww, jeezus. Really, Free Press? Advertiser-provided content occupying the best real estate on your homepage? Formatted as if it was actual journalism?

I guess their Church/State wall has been reduced to rubble. Hey, advertisers, c’mon down! It’s all for sale at the Burlington Free Press!