Tag Archives: Seven Days

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.

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 State Senate, where leadership goes to die

Yesterday, the State Senate took up S.230, the energy siting bill.

And promptly dropped it on the floor, kicked it around, and stomped it into mush, in a particularly unedifying display of sausage-making. A four-and-a-half hour debate included a blizzard of amendments — some adopted and some never even considered — and produced a result that satisfied no one on either side of the debate. Including many of the Senators who actually voted to pass the much-amended bill, Seven Days’ Paul Heintz Terri Hallenbeck:

By 7 p.m., when the final vote came, the majority of the senators appeared to be voting for the bill just to put an end to the day’s events.

Democracy in action, folks.

I wasn’t there, but from media accounts, this has the greasy fingerprints of Senate President Pro Tem John Campbell all over it. His tenure has been marked by frequent breakdowns in process, and headstrong senators taking advantage of the situation. This was classic Campbell: helpless to steer a complicated course through the reefs of strongly-held viewpoints and the shallows of senatorial ego.

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I gotta say, sometimes it’s just nice to live in Vermont

I have often been critical of Vermonters’ exaggerated perception of their own inherent virtue. We’re far from perfect on race relations; there are subtle forms of sexism here that I haven’t seen elsewhere; and, of course, our vaunted reputation for environmentalism is largely due to forces out of our control: small population, not much industry, and lack of exploitable resources. Based on how we’ve handled Lake Champlain, or the damage done when we HAVE had the opportunity to do so (the Elizabeth Mine, the PFOA contamination around Bennington), I contend that if there was a lot of coal under the Green Mountains, we’d be West Virginia North.

But while I contend that Vermont isn’t as special as we think it is, I readily acknowledge that it definitely has its virtues. We have two examples from recent headlines, where other states are pursuing destructive, hateful paths while we quietly handle our business in a positive manner.

Example #1: the Vermont House passes — with broad bipartisan tripartisan support — a bill that would guarantee women’s access to contraception even if that section of Obamacare is repealed.

Example #2: The Agency of Education issues guidelines for supporting transgender and gender-nonconforming students.

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Phil Scott’s Four Corners Campaign

At this point in the campaign, Lt. Gov. Phil Scott is the presumptive front-runner. He’s got name recognition and personal popularity; he’s got the solid backing of the business/Republican community anxious for a winner.

And he’s campaigning like a front-runner: maximizing appearances before friendly audiences and minimizing exposure to open-ended affairs that might lead to missteps or embarrassment.

The latest example: the left-wing group Rights & Democracy organized a pair of events for gubernatorial candidates on April 9. Accepting the invitation: all three Democratic candidates, plus Republican Bruce Lisman.

Mr. Front-Runner (not exactly as illustrated)

Mr. Front-Runner (not exactly as illustrated)

Rejecting: Phil Scott.

What’s the matter, Phil? Can’t take the heat, so you’re staying clear of the kitchen? I guess not. Scott’s formal response to R&D:

“I’m not convinced my candidate would get fair and equal treatment at a forum hosted by a very liberal organization. Therefore, we would like to respectfully decline participation in your organization’s forums,” wrote Scott Campaign Manager Brittney Wilson.

She has a point. But heck, Bruce Lisman’s gonna show up.

Besides, if Phil Scott claims to have the necessary cojone quotient for being governor, shouldn’t he be able to handle an unfriendly crowd?

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Senate Tweaks Doomed Program

Well, huzzah. The State Senate has approved a change in the public financing law. Currently, a candidate who wants public financing has to wait until February 15 to say or do anything campaign-related. Given the current fashion in extra-early campaign launches, that’s a significant handicap.

Tne new bill would start the clock “as soon as a privately financed candidate raised or spent up to $2,000 on a gubernatorial or lieutenant gubernatorial campaign — up to one year before Election Day,” reports Seven Days’ Paul Heintz.

This solves the too-late problem without ensuring ever-earlier campaign launches. Good idea.

However, it’s quickly becoming apparent that the deadline is far from the biggest problem with the public financing system. The biggest problem is the skyrocketing cost of statewide campaigns and the paltry sums on offer through the public funding system.

Currently, a gubernatorial hopeful who earns enough small donations gets to (a) keep that money and (b) get enough public dollars to bring their campaign total to $450,000. For lieutenant governor, the figure is $200,000.

And those are absolute limits. Not a penny more, from any source. Not even a mention in a party’s email blast.

These days, that’s simply not enough to support a competitive campaign.

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One to beam up

Well, that was brief and uneventful.

Marlboro Democrat Brandon Riker, the first announced candidate for lieutenant governor in the 2016 election, bowed out of the race Wednesday after acknowledging his campaign had failed to fire up Vermonters.

Call it The Curse of The VPO. Riker was the only Democratic candidate for Lite-Guv I’d actually met. So keep your distance, David Zuckerman and Kesha Ram.

Riker acknowledged that he “made a lot of mistakes as a first-time candidate,” mentioning prominently his decision to “jump-start” his campaign with a massive infusion of his own (and his family’s) money. He says “it created a picture that I was trying to buy the seat.”

Well, yeah, you come from a family of wealthy hedge-fund operators and on Day One you throw more than 65,000 RikerBucks into the kitty, and you can see how people might get the wrong impression.

I’d start the “mistakes” even earlier — specifically, the decision by a little-known first-time candidate to launch his political career with a bid for statewide office. That was the fatal mistake.

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Protip: If you’re opening a china shop, don’t invite a bull

I don’t know whose bright idea it was to invite the former Most Hated Man in the Senate to Matt Dunne’s news conference on corporate campaign contributions, but apparently it worked out about as well as you might suspect.

In other words, as Seven Days’ Paul Heintz tells it, Peter Galbraith pretty much hijacked the affair.

Galbraith has been a longtime opponent of corporate contributions, having repeatedly proposed a ban during his time in the Senate. Which always seemed more than a bit disingenuous to me, since Galbraith had the resources to self-fund his own campaigns to his heart’s content. In his first bid for the Senate, he put more than $50,000 into his campaign, which was far, far more than any other candidate could have hoped to raise.

(He was the rare diplomat who returned home a very rich man, thanks to his connections with the Kurds and their oil-funded generosity. Indeed, he’s probably the closest thing Vermont has to an oil magnate.)

Galbraith has been musing about a run for governor. I don’t know if Dunne harbored some faint hope of co-opting him, but it sure didn’t work out that way.

You take your life into your hands when you get between Peter Galbraith and a TV camera. So when you invite him to a press conference, you’d best expect that bull to break a few dishes. Dunne, according to Heintz, wore a “somewhat pained expression” as Galbraith went on at length on his own favorite subject — Himself — and whether Himself would deign to run for governor.

Repeatedly. With barely-concealed barbs for the man who had invited him.

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Clueless Norm

If there was any doubt that Senator-In-Waiting Norm McAllister is completely unmoored from reality, well, this should be the last straw.

Two months after his suspension from the Vermont legislature, Sen. Norm McAllister (R-Franklin) petitioned a Senate panel last week to restore his voting privileges.

Yeah. Because, why the hell not.

Clueless Norm’s argument is: now that his trial on gross, disturbing sexual assault charges has been delayed until May, there’s no reason he shouldn’t be able to carry out his obligations as a duly-elected lawmaker.

Yeah, no reason at all. I can’t think of one. Can you?

Just because a return to the Senate would turn that body into a daily circus (I’d be tempted to show up every day and shout “Vaginal fisting!” every time he walked by). Just because, whether he is guilty or not, a massive stench surrounds him due to the notoriety of the charges.

Just because, based on what he has already admitted and his lawyer has already acknowledged, the only remaining question is whether he “merely” made his victims submit to unpleasant sexual encounters, or whether he actually committed assault over and over and over again.

Bear that in mind, Senator Peg Flory and his other defenders.

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That Rubio endorsement is looking better and better

Two days after his as-quiet-as-possible endorsement of Marco Rubio, Lt. Gov. Phil Scott finally talked to a reporter about it. And he made it even worse.

He told Seven Days’ Terri Hallenbeck that he had planned to endorse John Kasich until the Ohio governor signed a bill defunding Planned Parenthood. For the self-described pro-choicer Scott, that was a deal-breaker.

But wait: Rubio is, if anything, more profoundly anti-choice than Kasich. He has voted, numerous times, to defund Planned Parenthood, and opposes abortion rights even in cases of rape or incest. Scott’s weasely response?

Scott acknowledged that Rubio opposes funding Planned Parenthood, but said, “He didn’t sign a bill doing so.”

Oh, what a load of crap.

Which is worse: endorsing an actual Planned Parenthood defunder, or endorsing an anti-Planned Parenthood candidate to, among other things, nominate Supreme Court justices?

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