Trib's Ganey: Todd Graves in Mississippi Misconduct Mess

By Howard Beale
Created 04/16/2008 - 3:18pm

Go read Terry Ganey's piece [1] on legal claims made against former U.S. Attorney and MOGOP stalwart Todd Graves.  Go read it right now [2], then come on back.  From the story:

State Farm alleges that former state Supreme Court Judge Edward "Chip" Robertson, former U.S. Attorney Todd Graves and two of Robertson’s associates were present at meetings in 2006 in which the two whistleblowers accessed State Farm’s confidential databases. The accusations are contained in motions filed last week in federal court in Mississippi.

Ganey's piece, while well reported and accurate, treads lightly on what may be the most damning allegations lodged by State Farm against Todd Graves. 

The claims and counterclaims in this case center on two meetings that took place in a trailer in Mississippi in 2006 during which two women who would later become clients of Todd Graves provided remote access to confidential computer files belonging to State Farm.  Those files were to be used for purposes of supporting litigation against State Farm (An attorney, Dickie Scruggs, who quarterbacked the effort, has since pleaded guilty to bribing a judge in the case). 

The first of those meetings took place on March 11, 2006.  A pleading filed by State Farm last week [3] cites deposition testimony from one of the women who accessed the State Farm files and who would later become a Todd Graves law client.  Kerri Rigsby testified about the first of those "trailer meetings":

Q. You met with Mr. Scruggs in a trailer sometime in '06?
A. I did.
Q. And when was that?
A. I believe that was March of '06.
Q. You drove with your mom and your sister?
A. Correct.
Q. Anyone else?
A. It was just the three of us.
Q. And who did you meet with at the trailer?
A. We met with several attorneys at that trailer.
Q. Give me their names, please.
A. Tony Dewitt, there was an attorney named Mary, Todd, and Chip.
Q. Mary's last name?
A. I don't recall her last name.
Q. Is she an attorney?
A. She is an attorney. She works with Tony Dewitt.
Q. Does Tony Dewitt have a law firm name?
A. It does, but I don't know what the name is.
Q. How about Todd, was he an attorney?
A. He's an attorney, but I don't believe he's in the same office.
Q. Do you know what firm he's with?
A. I don't.

Q. And Chip, does he have a last name?
A. He does, but I don't recall his last name.
Q. Is he a lawyer?
A. He's a lawyer. I believe he's the head of that firm that Tony works with.
Q. Is that the Merlin firm?
A. I don't think so, no.
Q. Anybody else there?
A. Dick Scruggs was there.
Q. Anyone else?
A. Zach Scruggs may have been there, but I don't -- I don't recall.
Q. And where was this trailer set up?
A. In Pascagoula, right off the beach.

Relying upon that testimony, State Farm's pleading then immediately makes an earth-shattering statement:

83. On information and belief, the “Todd” about whom Kerri Rigsby testified in the preceding paragraph is either Todd Graves or Todd A. Scott.

Why is the prospect that Todd Graves was at that first trailer meeting so potentially explosive? 

Because on the date of the meeting, Graves was still in his post as United States Attorney for the Western District of Missouri.  The meeting took place on March 11, 2006, just one day after Todd Graves announced that he would resign [4] his post on March 24, 2006 --some two weeks later. 

If indeed Todd Graves was present at the March 11, 2006 trailer meeting, he was not only present while the Rigsby sisters and other attorneys gained illicit access to State Farm files in preparation for litigation, but also present while still carrying a badge and wearing a title of law enforcement prestige from the Department of Justice.  He would have been there while still an employee of the taxpayers of the United States.

A little more than a month later, Graves and his firm would officially be counsel to the Rigsby sisters on certain legal claims filed against State Farm.  

Ganey's story, while it includes some defensive posturing by Todd Graves about State Farm's claims, adds little evidence regarding the answer to the question about whether it was Todd Graves or Todd A. Scott who was actually in the first trailer meeting.  From the story:

"I’ve never been around a computer that was on a State Farm database," Graves said. "The allegation is ridiculous. They don’t have a basis for it." ...

"The facts that are in the motion are all wrong," DeWitt added. "We never went onto their computer system. We never did the things we are alleged to have done. We have not violated any of the rules of professional conduct in Missouri or Mississippi."

Note that Graves and DeWitt couch their denials very carefully.  Both go to lengths to refute specifically the claim that they accessed State Farm's computer files, though nothing provided by Ganey indicates that either man denies having been present at the March 11, 2006 trailer meeting.

Immediate clarity is necessary on whether Todd Graves claims to have been present at or absent from the March 11, 2006 meeting.  If Ganey explored this topic with Graves and did receive answers and simply chose not to publish them in this piece, I would hope he would make those responses available.  If Ganey did not, perhaps some other reporter will put that query to the former U.S. Attorney.

If Graves was at the March 11, 2006 trailer meeting, an immediate accounting must be given to the people of Missouri, and of the United States, for why a sitting U.S. Attorney was in another state, effectively engaging the private practice of law before leaving office.  And then the appropriate punishments should be assigned.

UPDATE, 10:14pm: The KCStar's Dave Helling --who apparently has a choice spot on Todd Graves' speed-dial-- notes in a PrimeBuzz post [5] that Graves "categorically" and "unequivocally" denies having been present at the March 11 trailer meeting.  So, asked and answered.  We're glad someone got Graves on record on that point.  I suspect there'll be more questions that Graves should be answering regarding his involvement in the State Farm case.  Hopefully he'll be equally forthcoming.

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The country owes a super-sized hat-tip and debt of gratitude to David Rossmiller of Insurance Coverage Blog [6] for having been well out in front of everyone else on this story.


Source URL:
http://www.firedupmissouri.com/graves_in_mississippi_misconduct_mess