Scruggs Nation, Day 43: the timeline
March 15-28. Dickie Scruggs, Zach Scruggs, Backstrom, Balducci and Patterson allegedly met at the Scruggs Law Firm in Oxford to discuss how to influence the outcome of the Jones v. Scruggs lawsuit. Indictment.
March 28. Balducci placed a call to Judge Henry Lackey asking to meet with him later that day. Indictment.
March 28. Balducci traveled to Calhoun County to meet with Lackey to make an overture on behalf of the co-conspirators about the Jones lawsuit. Indictment.
May 3. Balducci had a telephone conversation with Lackey where Balducci said “they had changed their strategy” and would rely on a motion to compel arbitration rather than a summary judgment. Indictment.
May 4. Backstrom e-mailed a proposed order compelling arbitration to Balducci, who faxed the proposed order to Lackey. Indictment.
May 9. Balducci has a conversation with Lackey at Lackey’s chambers. This is the now famous “there are bodies buried that . . . he [Dickie Scruggs] and I know where” conversation, in which Balducci also tells the judge that if he is inclined to rule in their favor, “everything will be good.” Indictment.
May 9-September 21. Balducci has several meetings with Lackey. Indictment. May 9 and September 21 meetings between Balducci and Lackey were taped via video and audio. Defense motion. It is logical for us to assume that any other meetings between the two were also recorded.
September 21. At a meeting with Lackey, Balducci agreed to pay Lackey $40,000 cash on behalf of Dickie Scruggs and the Scruggs Law Firm for a favorable order. Indictment. Immediately after the Lackey meeting, Balducci placed a four-minute call to the Scruggs firm and discussed the bribery transaction with Backstrom. Indictment.
September 25. FBI Special Agent William P. Delaney makes an application for a Title III wiretap. Government response.
September 26. A call made from Balducci’s phone at 10:11 p.m. is recorded. Defense motion. The recording of the call ended abruptly because Balducci was talking to his father about unrelated matters and the government did not record this. Government response.
September 27. Patterson had a conversation with Balducci discussing the bribe. Balducci delivered $20,000 in cash to Lackey in the judge’s chambers, then traveled to the Scruggs firm in Oxford. Balducci had a phone conversation with Patterson where Balducci said “All is done, all is handled and all is well.” Indictment. A call was made from Balducci’s phone at 8:36 a.m. This was recorded. Defense motion. The call broke up abruptly because Balducci lost cell phone service. Government response.
September 28. A call is made from Balducci’s phone at 5:03 p.m. Recorded. Defense motion. The call ended abruptly when Balducci lost cell phone service. Government response.
September 29. A call is made from Balducci’s phone at 4:56 p.m. Recorded. Defense motion. The government stopped recording apparently when they realized the subject of the conversation was not related to the alleged scheme. Government response.
October 2. A call is made from Balducci’s phone at 5:31 p.m. Recorded. Defense motion. The government stopped recording when it became clear Balducci was talking to an associate at his firm about an unrelated matter — how to repair a gas leak to the associate’s hot water heater. Government response.
October 4. A call is made from Balducci’s phone at 2:50 p.m. Recorded. Balducci and Lackey talked by phone at 3:49 p.m. This was recorded. Defense motion. The government stopped recording the earlier call when it became clear Balducci was talking to someone about a political campaign. Government response.
October 16. Balducci and Lackey talked by phone at 7:26 p.m. This was recorded. Defense motion.
October 18. Patterson called Balducci and wanted to know what was going on with the order. Patterson said he talked to Dickie Scruggs about 15 times and Balducci needed to call Scruggs. Balducci delivered $10,000 in cash to Lackey in his chambers. Dickie Scruggs called Patterson and they discussed “Tim” coming to the Scruggs Firm when he left the judge’s chambers. He was to bring the order, put it on Dickie Scruggs’ desk and pick up a “package.” Dickie Scruggs prepared a $40,000 check for Balducci and false documentation to cover up the true reason for the payment. Balducci delivered the order [apparently signed by the judge] to Zach Scruggs and picked up the false documentation. Balducci then called Backstrom and told him he had delivered a copy of “those papers that we’ve been waiting on.” Indictment. Lackey’s secretary called Balducci at 11:16 a.m. to say Lackey was running late at the doctor’s office and would call Balducci later. Recorded. Government response. Balducci and Lackey talked at 1:18 p.m. This was also recorded. A recording was made from Patterson’s phone at 4:21 p.m. Defense motion.
October 19. A recording was made from Patterson’s phone at 10:35 a.m. and another at 10:39 a.m. Defense motion.
October 24. Government applies for an extension of the wiretap. Government response.
November 1. Balducci delivered another $10,000 in cash to Lackey and obtained an amended order. Balducci discussed the amended order with Zach Scruggs and Backstrom, saying “we paid for this ruling, let’s be sure it says what we want it to say.” Also that day, Balducci talked to Dickie Scruggs and Scruggs agreed to take care of an extra $10,000 payment to the judge and said he would “hire” Balducci in an unrelated case to prepare jury instructions to cover up the $10,000 payment. Indictment. Balducci made a consensual recording of a conversation. It is 90 minutes long and involves the other four alleged conspirators. Defense motion.
November 3. A recording was made from Patterson’s phone at 11:10 a.m. Defense motion. The government stopped recording when agents realized Patterson was talking to an employee about unrelated litigation. Government response.
November 4. A recording was made from Patterson’s phone at 8:40 p.m. Defense motion. The government stopped recording when agents realized Patterson was talking to an employee about unrelated litigation. Government response.
November 5. Dickie Scruggs sent an e-mail to Balducci forwarding the false documentation to cover up the extra $10,000 payment. Balducci drove to Oxford and took hand delivery of the $10,000 check and false documentation. Indictment.
November 13. Backstrom and Balducci had a phone conversation where they discussed the bribery scheme. Indictment.
November 27. Scruggs Law Firm raided. Patterson is taken into custody and makes some kind of statement to FBI agents. Balducci and Patterson hold a telephone conversation, of which no recording or written record was made. Backstrom makes some kind of statement to FBI agents. Government response.
November 28. Indictment served on Dickie and Zach Scruggs, Backstrom, Patterson and Balducci.
December 5. Balducci pleads guilty. Click here for a post I wrote about this.
December 10. FBI raids Joey Langston’s law office.
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