Spooked by a man who turned out to be a convicted felon and who appears to have repeatedly lied on his way to acquiring a lease for an empty jail in Hardin, MT, town leaders yesterday put the deal with American Private Police Force on hold.
Last week, the state attorney general launched a probe of the deal that was pushed through by a man calling himself "Captain" Michael Hilton.
The AP reports on the Hardin board meeting yesterday that put a stop to the whole project:
"We won't move forward. I don't think any of us want to be on the chopping block," said Gary Arneson, president of Hardin's Two Rivers Authority, which owns the jail. ...On Friday, a California judge ordered Hilton to appear in court Oct. 27 over an outstanding judgment in a fraud lawsuit.
In that case, Hilton lured investors to sink money into an assisted living complex in Southern California that was never built. ...
Arneson said no further action would be taken until the authority hires an attorney to replace Becky Convery, the lawyer who helped forge the agreement with American Police Force.
A bank that is trustee on the bond taken out by Hardin to build the jail -- long in default -- never OKed the deal with APPF. Besides the jail lease, the deal would give APPF the right to run the town's law enforcement operations.
Also yesterday, Greg Smith, the chief of the town's economic development agency who had been put on paid leave without explanation since a few days after the initial deal was brokered last month, gave up his post. No explanation was offered for why Smith, who was said to have conducted a background check on Hilton, resigned.
And AP reports that town officials were told by Hilton that a man named Michael Cohen, of International Security Associates in Ohio, would be director of operations for the jail project. But Cohen told the AP that's not true -- he only had a cursory meeting with Hilton.
Hardin official Al Peterson told TPMmuckraker yesterday that the director of ops was "highly qualified" and had a "pretty nice" resume, but was currently in Afghanistan.
This isn't the first time Hilton has claimed that people and companies with whom he's only had superficial contact would be playing major roles at APPF.
So what's next? Even though the deal was never consummated, APPF has had the keys to the jail since at least a week. In fact, APPF flack -- and former Billings Gazette reporter -- Becky Shay has been working out of the facility, she told us last week.
Peterson told TPMmuckraker before the board meeting yesterday: "I have no idea who gave [the keys] to them or what day."
Late Update: Guess who was a no show for that board meeting? KULR in Billings:
APF Spokeswoman Becky Shay said she wasn't aware Hilton told the board he would attend Monday's meeting. "Apparently he said he would be here before I went to work for him," Shay said.

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prostratedragon
October 6, 2009 9:24 AM
Whew! Good for the board. Hope they can find a better way to solve their remaining problems.
The hazards of secret dealmaking for public entities were on clear display here.
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rynato
October 6, 2009 10:27 AM in reply to prostratedragon
So, I wonder how Becky Shay is feeling now about the career move she just made...
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EastWest
October 6, 2009 11:47 AM in reply to rynato
Yeah, it would be embarrassing to be that clueless - if she wasn't so clueless....
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brillobreaks
October 6, 2009 11:52 AM in reply to EastWest
She quit before all the stuff about this guy came out.
It stunk to a lot of us from the start, but there wasn't any actual confirmation that this guy was a con man till a day or two after she quit.
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Stiggs
October 6, 2009 12:52 PM in reply to brillobreaks
But I think what makes this so embarrassing for her is that she was a journalist covering the deal. She should have been doing digging into his past but apparently it was more beneficial for APF (or is it APPF?) to buy her off rather than having somebody independent running around out there and asking questions.
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rynato
October 6, 2009 1:22 PM in reply to Stiggs
yeah well at the end of the day she will allow herself to have been bought off for a few months' (or possibly weeks') worth of her fantastic, generous $60,000 a year salary.
And the only thing she gave up was her reputation in a relatively small city where she's lived all her life.
Sorry, but nobody with a brain would have gone for that, without an ironclad contract guaranteeing that they'll get paid for the entire term of the contract even if their services were no longer needed.
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Seafarer
October 6, 2009 9:36 AM
I'm waiting for this to turn Red Dawn, with APPPPF or whatever their name will be by next week playing the part of the Mexican and Russian armies, while Hardin residents will play the role of the American students. Wolverines!
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shannom
October 6, 2009 9:53 AM in reply to Seafarer
Somehow I think that will be less impressive with the Mexican and Russian armies consisting of one ex-con and a middle-aged PR flak...
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mophan
October 6, 2009 10:36 AM in reply to Seafarer
Um, you meant Cuban? I can see how you could get Cubans confused with Soviets (LOL)... Of course, you wouldn't ever have that problem between Cubans and Mexicans.
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Johann
October 6, 2009 9:39 AM
There are still many unanswered questions.
Who has already profited from these dealings?
Who provided the start-up money?
Was Hilton acting on his own, or in a conspiracy with others?
Is there actually any connection with any federal agency, or anyone who works for a federal agency?
To go further:
What is a legitimate role for an "Authority"?
Who are "Authorities" responsible to, and how are they controlled?
There are many more questions which should be asked, and answered concerning not only Hardin and Hilton, but about the entire system of establishing "Authorities" to invest local, city, township, or county funds.
.
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brillobreaks
October 6, 2009 10:12 AM in reply to Johann
I doubt there ever was any real start up money. What's been spent? A fake, badly done, plagarized website. Three SUV's with magnet stickers on them, none of which are actually being paid for. A couple plane tickets to Montana. Gas and a couple drivers. A PO box in DC, and a strip mall office in CA.
Everything else is just talk.
This guy's got a few new courts and the state Attorney General after him now, hopefully he didn't actually get anyone to pony up any cash for this 'great investment opportunity.'
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McMia
October 6, 2009 9:40 AM
My favorite character in this whole bizarre saga must be Becky Shay. Talk about bad timing and bad career choices.
Perhaps she can get a job with the minutemen or some other element of the black helicopter freakshow....
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Stiggs
October 6, 2009 12:55 PM in reply to McMia
Well it's a good thing that she has some experience as a stellar reporter and both the economy and the newspaper industry are in great shape. Wait, that doesn't sound right...
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San Fernando Curt
October 6, 2009 9:49 AM
Hmm. So a convicted felon and chronic con man somehow gets control of a private prison, then moves in his super-duper secret "police force" to become de facto law enforcement for the nearby town. ...And then the deal falls apart. What was it? The inmate menu? Too much starch? It couldn't have been the dangerously ridiculous set up. Not in these days and times. After all, he's a member of Middle European royalty - Prince Horse Trader Ed.
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ARG in Chicago
October 6, 2009 9:52 AM
I think the lede here is that a town in Montana was just about to privitize their police force. What might have happened if this guy were not some kind of con-man, attracting all this negative attention?
When I argue the question of "private" versus "public" (government) in other areas (e.g. healthcare), I often ask the question, Where do you draw the line? Would it make sense to privitize the police force, for example? Most people agree that this would not be desireable, and would lead to all kinds of problems. (So at least I can get them to agree that government does have some functions it should perform -- then it's on to convincing them that the subject function, e.g. healthcare, is one of those.)
But this story blows my mind. Imagine if this had been some kind of credible company (not that any really exist, but they could, in theory). Once one small out-of-the-way town privitizes its police force, how long will it be before a significant percentage of law enforcement is turned over to mercenaries?
Already many cities have turned over traffic enforcement to private companies (typically to manage video red-light enforcement traps) for a cut of the take from the tickets. Seems unconstitutional to me, but I'm no lawyer.
-- ARG
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brillobreaks
October 6, 2009 10:05 AM in reply to ARG in Chicago
No, they weren't. Maybe it's just because I'm actually from this area and know the backstory, not the shoddily reported conspiracy theory crap, but that simply was not happening, ever. Even if the contract had been finalized, the people signing it aren't the city, just a private development authority, they don't have any control over the police. And even if it had been the city, the city does not have a police force to privatize to begin with, the city's policing is controlled by the county sheriff.
These guys showed up in a couple Mercedes SUV's with magnet stickers on them not to actually take over the town, but in an attempt to look fancy, to impress, to make themselves seem more legitimate. It was just part of their scam, and it obviously didn't work.
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NitPicker1
October 6, 2009 12:32 PM in reply to brillobreaks
They think they're part of the city. A "quasi-govermental arm" of it, in fact. Look at the website:
http://www.tworiversauthority.org/
Note too the official City of Hardin seal.
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brillobreaks
October 6, 2009 12:39 PM in reply to NitPicker1
I'm guessing you don't know what a development authority is then?
The city formed them, but it's a private corporation. It exists for the same reason your or I would form a corporation- to shield them from failure.
But just because the city formed them, that doesn't mean that they in turn have any authority back over the city government. They can't just turn the city police (which again, does not exist, their policing is provided by the county) over to this scammer.
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NitPicker1
October 6, 2009 1:20 PM in reply to brillobreaks
The non-existence of the police force is a straw man: the offer was to create the police force for the city. Not to take over one that already existed.
That the TRA did not actually have the authority to make such a contract is neither here nor there. It is scandalous that they claimed such an authority - and they did by drawing up that contract - and it is scandalous that they were willing to privatize police functions, a willingness that once again is demonstrated by that contract.
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brillobreaks
October 6, 2009 1:26 PM in reply to NitPicker1
I'm not defending their actions. I just wish people would focus on the actual story here (small town corruption, Republican insanity, incompetence, racism, and I suppose this scam artist), rather than the crazy conspiracy theories about mercenaries, private armies, H1N1 vaccine internment camps, and all the rest of that crap.
Not just because it's true, but because it's actually a lot more interesting. I'm really dissapointed that TPM isn't covering that stuff, and has instead chosen to go with the conspiracy theory angle.
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NitPicker1
October 6, 2009 2:19 PM in reply to brillobreaks
I am totally with you, about where the real story is. But come on, look at the text on the TRA front page!
"There are no commandos in the streets.
There is no fence or gate being built around Hardin. People are free to come and go as they please. APF is not running our town or our police force."
So anyway, I think there are many people amazed that a town would embark on a multi-million dollar project on a hand-shake deal, and build it without regard to the State's requirements for such a facility (got that from Becky Shay's earlier reporting on the subject, btw). Me, not so much. Funny how those handshake deals tend to fall through - something like that happened in my hometown too. No mercenary fantasy gun porn involved, though.
Who was it who waltzed into Hardin singing,
"Oh, we've got Trouble -
Right here in River City!
With a capital T and that rhymes with P and that stands for..."
...uh, Prison?
So forget the con man (who didn't show up until after even al-Jazeera was covering the town's desperate situation), who actually made money off this project?
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pqowieur
October 6, 2009 3:02 PM in reply to brillobreaks
Hey brillobreaks,
Yeah there was some tinfoil hat preaching from Jones like people, of course, what do you expect. But you cant use that to discredit everything that you think is too wierd to believe. You say there is no private police force angle to this? Are you kidding? The name of the "corp" is American Private Police Force?
Becky Shay hereslf says The APPF will be the Hardin Police in her own dang Sep 20 article (before she was hired as a shill):
" Hilton said APF has proposed that, if Hardin creates a police department, the company [APPF themselves!] would provide the initial officers and hire a local chief of police [!!]. APF has already purchased Mercedes vehicles that are being outfitted and will be available for patrol cars, Hilton said. [!!!] The training center also could provide some officers [!!!] to support the city, he said. Hilton said that during a trip to Hardin to check out the jail facility, he was shocked to see people selling and using drugs, so he wants to have two narcotics agents [!!!] in Hardin, too. After Tuesday's council meeting, resident Virginia Pitsche said she welcomes anyone who can help clean up Hardin. "
http://www.billingsgazette.com/news/state-and-regional/montana/article_babd814e-a591-11de-8891-001cc4c002e0.html
Hardin voted in City Council (not TRA) to deconsolidate (ie form separate dept from Sheriffs). They have been working on that for awhile. Coincidence could be argued. But dont say theres no angle.
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luckysitsinback
October 6, 2009 10:09 AM
seafarer, you look like you belong in a top-level position with this gang...
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GTFOOH
October 6, 2009 10:10 AM
Nice work TPM. You have been largely driving this story. Haven't seen this kind of coverage anywhere else. And I'm sure this would have quietly gone into effect, if there had not been the coverage. You guys ROCK!
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brillobreaks
October 6, 2009 10:15 AM in reply to GTFOOH
Seriously?
The AP and the Billings Gazette (nearest major paper to Hardin) dug up all the info being reported by TPM. And reported it straight, none of the conspiracy theory crap giving dire predictions of corporate takeovers of the police and other Alex Jones style crazy.
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GTFOOH
October 6, 2009 11:19 AM in reply to brillobreaks
The Billings Gazette? Yeah, I'm sure lots of folks are reading that!
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brillobreaks
October 6, 2009 11:22 AM in reply to GTFOOH
You may not be reading it, but it's their local coverage and reporting that sank this deal and exposed the con to the locals (hopefully) in time to keep them from being totally taken for a ride. So yeah, that matters a lot more than TPM's coverage, even if it's not kept you personally entertained.
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Ducktape1
October 6, 2009 12:11 PM in reply to brillobreaks
Their coverage sank the deal? Excuse me? I thought the reporter that the Billings Gazette had "covering" it all this time quit and went to work for them as their PR flack.
So if they were so on top of the story, how come their reporter didn't know he was a con artist?
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brillobreaks
October 6, 2009 12:20 PM in reply to Ducktape1
All this time? She wrote one or two stories about the deal after it was announced, and then quit. It was a span of maybe a couple days. In the week or two since then, it's been covered by several reporters, along with the AP.
They were also the ones who dug up this guy's past convictions for fraud and these scams, and interviewed all the previous victims and some of the people indicted alongside him.
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GTFOOH
October 6, 2009 3:11 PM in reply to brillobreaks
Okay, we give...TPM played no part in covering the story. People in MT don't even use computers. We're wrong, you're right! Now you can sleep nights!
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pqowieur
October 6, 2009 3:38 PM in reply to brillobreaks
'one or two stories'?
From this quick search I spotted 6 articles from Sep10 until Sep25.
http://billingsgazette.com/search/?l=50&sd=desc&s=start_time&f=html&q=%22By+BECKY+SHAY%22&t=article
Up until she left, she was the only reporter at the Gazette covering it, as far as I have seen.
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Whiskey George
October 6, 2009 10:41 AM
If I might play Devil's Advocate, private police forces have a long history in this country, especially in the West. After all, it was the Pinkerton Agency who hunted down Butch Cassidy and his Wild Bunch, and Erp Brothers were called "Town Marshalls" but they were, for all intents and purposes, Tombstones own "private police force".
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The Hedonistic Pleasureseeker
October 6, 2009 10:47 AM
My opinion: The transnationals behind this project are taking a time-out to create a pajamahadeen-proof cutout that is more palatable to Middle America.
And I disagree with brillobreaks: If not for the crazy bloggers this issue would have remained local and more-or-less under the radar. The MSM appears quite content to leave the anonymous principals anonymous. It was the muckrakers and (ironically) the shrieky controlled-ops shills who did the forensics necessary to force the issue (even if they were wrong much of the time), and IMHO a few lone and independent bloggers have come very close to outing the parent companies and their partners. Notice the principals would rather shelf the project than reveal themselves. That is very interesting.
The next step: Get the names of the people on the TRA board of directors and find out who their "friends" are. Is it true that most are NOT locals? If so, that's even more interesting.
Bottom line: Pajamahadeen, make like pit bulls and don't let this one go. The "simple fraud" angle is a cover story. It does not wash.
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brillobreaks
October 6, 2009 11:03 AM in reply to The Hedonistic Pleasureseeker
This guy has committed this exact same scam before, at least twice we know about- once setting up a fake nursing home or something similar and bilking investors out of their money, and once doing the same thing selling art. Now he's trying to do the same thing with a jail.
There are no 'transnational' backers behind this. The only indications of any come from this con man trying to make his little con seem more legitimate- the claim that his company is a spinoff of a mysterious organization that can't be revealed, the text and images lifted from dozens of different websites, it's all bullshit.
There's absolutely no indication that any of it's more than just this guy trying to lend legitimacy to his con. None of it's real or ever was, even though some of you conspiracy buffs would like to think it is.
And yes, much of the board is made up of people who aren't locals. But unless your conspiracy theory involves them being planted here from California 30 years ago and spending a few decades running the local movie theatre, dentist's office, and school district, it's probably not a very good one.
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pqowieur
October 6, 2009 6:23 PM in reply to brillobreaks
but the point you are missing is that the TRA and City Council had to be aware of APPF's push to be the Hardin police dept. Do they not read the news paper or speak to the APPF spokesman who said this very thing? See my comment above for the Shay Quote: http://tpmmuckraker.talkingpointsmemo.com/2009/10/hardin_montana_puts_jail_deal_with_appf_on_ice.php#comment-3624279
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pqowieur
October 6, 2009 6:29 PM in reply to pqowieur
Just to clarify... I dont know about all the transnational link theory and if theres anyone other than TRA/Hardin/APPF involved, I'm just saying one of the goals all along was to have APPF as local Hardin police dept.
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The Hedonistic Pleasureseeker
October 6, 2009 11:23 AM
Tsk Tsk . . . I suppose the State Department will cancel their Billings MT vacancies that they just posted mid-September? 90 day internships in DC and a nice salary for an entry level:
http://cia.jobamatic.com/a/jbb/job-details/130876
Undergraduate Internship Program-NCS
CIA (Billings, Montana) Posted:September 17, 2009
Address:Billings, MT 59101Description:
Undergraduate Internship Program - NCS
Work Schedule: Full Time
Salary: $37,039
Location: Washington, DC metropolitan area
Applications for the Undergraduate Internship Program - NCS are accepted from March 1 - July 31.
The National Clandestine Service (NCS) Internship Program is designed to give a limited number of talented undergraduate students the opportunity to work in supporting the NCS mission of collecting human intelligence on critical international developments. The NCS intern will be part of a unique world of important events and meaningful accomplishments.
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brillobreaks
October 6, 2009 11:49 AM
Uh, click on the full list of job postings. They posted that same exact ad, for the same exact internship, in a few hundred cities. I would guess it's posted in every town in the country over a certain population size.
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acf_ma
October 6, 2009 11:52 AM
This deal sounds like an attempt to do with small town America's police forces what Blackwater (Xe?) did with the US military.
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brillobreaks
October 6, 2009 12:07 PM in reply to acf_ma
Hardin is a town of maybe 3,000, in the middle of nowhere. It doesn't have a police force, just a few country sherrif's deputies that patrol it, along with the rest of the county.
The whole (nonexistent) private police force angle is such a tiny part of this thing, it's amazing how much coverage it's getting, and obscuring the real story here.
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NitPicker1
October 6, 2009 12:27 PM
The Two Rivers Authority website is amazingly awful - the horizontal scrolling banners and photos set off a migraine earlier when I tried to look at it.
But a couple of interesting things I learned...
- The timeline is word-for-word the same as a May 14, 2009 article in the Billings Gazette, credited to Becky Shay. No idea if she wrote it and they copied it, or vice versa, and yes I know its standard practice for businesses to write press releases that show up as reported articles, but given all the attention to AP(P)F's plagiarism, I thought it was worth mentioning.
- The 9/29 cached version of the timeline page (I was trying to avoid those rolling scripts on the current page, which triggered the aforementioned migraine) has an accompanying soundtrack! After a few bars of somewhat ominous dum, dum, dums it truns out to be Enya, or something of that ilk. "Who can say where the road goes..." I'm guessing it came with the homestead.com template the TRA used. Still, weirdly inappropriate for a website promoting an industrial park and a prison.
- The TRA website prominently displays the City of Hardin Seal, its contact page displays a large picture of the City Of Hardin Administrative Offices, and the front page has flashing red rolling scripts shouting that they are "...a quasi-governmental arm of the City of Hardin."
For everyone shaking their heads at how anyone could be taken in by the obvious fakery of the AP(P)F website, the plagiarism, the cheesy music, the flashing of badges - we now know what the TRA's own expectations for what the website of an organization looking for business should look like.
The cached version w/soundtrack & the Billings Gazette article can be found by googling "Two Rivers Authority timeline"
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tchamp77
October 6, 2009 12:55 PM
Resume:
BECKY SHAY
Work Experience
Sept. 2009 - Oct. 2009: Spokeswoman, American Private Police Force. Shilled for fraudsters in setup of sham prison.
Reason for leaving: Terminated when the house of cards came tumbling down.
Salary: $75,000 and a down payment on a house.
1982 - Sept. 2009: Billings Gazette. Worked my ass off for peanuts doing noble work that no one noticed.
Reason for leaving: Left to accept dream job in Hardin, Montana prison.
Poor Becky. Her position at the paper has probably been eliminated as a cost-cutting measure.
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ManOmega
October 6, 2009 1:28 PM in reply to tchamp77
Becky Shay will be persona non grata at the paper she left; she'll probably be laughed out of town.
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Kropotkin
October 6, 2009 1:58 PM
October 6, 2009 1:35 PM
Brillobrea is right about almost everything, and has it better than all but perhaps one reporter involved.
He or she obviously reads the papers and understands the stories, and can come to rational conclusions.
Unlike appointed and elected officials of the City of Hardin.
Actually, I was the person who determined that the APF was a fraud, a confidence game. I was fairly certain of that after reading the lead paragraphs of the first story on September 10th and within two hours, a colleague (Alex Friedman of Prison Legal News) and I had pretty much proven it.
That afternoon, I let the print media know that I was unhappy with the coverage that they had missed, the fraud aspect, one that had been neglected regarding this jail since it first appeared as a scam project in 2004. I proved that the DC address for the company was fake (along with much of the material on their website) and was able to enlist the assistance of the AP, when I wasn't able to get any local acquaintance in Orange county to go by an check what appeared to be an office in a strip mall and a "corporate headquarters" in a private home. A reporter did go to the mall. The private home turned out to be one in which "Hilton" rented a room!
We were unhappy with the slow pace of the media's investigation, so on the 25th I did the simple research, determined that "Hilton" as defendant had a host of aliases, criminal convinctions and fraud, recission, unlawful detainer losses. He cross-filed in two cases without legitimate grounds and filed two bankruptcy petitions to forestall evictions.
I let the two TV stations and newspapers from Billings know of my findings and asked if they wanted my date. Three responded in the affirmative and I faxed them each 28 pages of court filings and a two-page cover letter.
Even with that incentive, Alex and I in the next few days gathered as much unduplicated and critically relevant information as did the major and regional media whom I'd gotten involved.
Look up our website at www.privateci.org and use the internal browser to go to the corporate (i.e., CiviGenics, CorPlan, Hale-Mills, Municipal Capital Markets) players and separately add "Montana," for a state overview.
We have far more information about the for-profit prison industry than anyone in the world.
My e-mail address and phone number is on the top page of our website.
Frank Smith
Private Corrections Institute
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pqowieur
October 6, 2009 3:13 PM
"Puts Jail Deal With APPF On Ice"
TRA has been so deceptive throught this, every time we think they will wake up and smell the coffee, they keep proceeding. Dont expect the deal to be "on ice" long. Just until Hilton and Convery are replaced.
Yesterdays TRA meeting:
"...board president Gary Arneson said APF needs to **replace** Hilton as a representative to Hardin.
"I agree," said Mayor Ron Adams, standing in the audience. "He has no credibility in this community at all."
http://billingsgazette.com/news/state-and-regional/montana/article_3819f80a-b23c-11de-9b80-001cc4c03286.html
"Arneson said no further action would be taken until the authority hires an attorney to replace Becky Convery, the lawyer who helped forge the agreement with American Police Force."
http://billingsgazette.com/news/national/article_96df0ef5-a932-5400-a0cf-a1ffe3df8f97.html?mode=story
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pqowieur
October 6, 2009 3:23 PM
"As part of the offer, APF owner Michael Hilton said he'd help launch the police force by helping with hiring and providing the first vehicles.
Hilton and APF employees arrived Wednesday evening in Hardin driving three black Mercedes SUVs with removable decals that read "City of Hardin Police Department."
Hilton said the cars and decals are prototypes that show Hardin his commitment to help with policing and cleaning up the town.
Residents didn't see it that way, and when one accused Adams on Thursday night of secret discussions with APF on the police force, he had an emotional response, bouncing out of his folding chair, yelling and pointing his finger at the woman.
"We have not, categorically have not, had any discussions with 'em," he said. "We have no idea. Don't you dare say that."
http://billingsgazette.com/news/state-and-regional/montana/article_9215c76a-a98d-11de-8127-001cc4c03286.html
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pqowieur
October 6, 2009 3:51 PM
hey brillobreaks,
You are trying to have people believe there was no deconsolidation efforts (ie Hardin creating indpendent police dept). You are either a very uninfored Hardin resident or not really from Hardin. Please read "your" newspaper. It is filled with articlesw on this... This search on "deconsolidation" turns up tons of stuff....
http://billingsgazette.com/search/?l=50&sd=desc&s=start_time&f=html&q=deconsolidation
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