Global Fastener News

Powers Seeks Special Prosecutor

Jason Sandefur

Attorneys for Powers Fasteners announced they would file a motion seeking to disqualify Coakley and her assistant prosecutors.
Attorneys Martin Levin and Max Stern of Stern, Shapiro, Weissberg & Garin also indicated they would ask that the indictment be dismissed, while also seeking the appointment of an independent prosecutor “because Attorney General Coakley has an irreconcilable conflict of interest,” the company said in a statement.
Powers Fasteners claimed that “while the Attorney General was making the determination to criminally charge Powers, she has been seeking to advance the Commonwealth”s ability to collect as much money as possiblefrom Powers and others to cover the significant cost overruns caused at least in part by the state”s own mismanagement of the Big Dig.”
This perceived conflict “led the Attorney General to scapegoat a blameless party,” Stern claimed.
Stern said Coakley and special assistant Paul Ware have made clear in public statements that “they are simultaneously prosecuting Powers Fasteners and also representing both the Commonwealth and the Massachusetts Highway Department (MHD)” in a parallel civil suit.
Stern claimed the prosecution amounted to “a cover-up of state officials” responsibility and a serious injustice to a small company.”
Schwartzman told FIN the indictment was a “significant distraction” for Powers executives, who continue to try to focus on the company”s business dealings.
“A finding of guilt would have a significant impact on a civil outcome in this case, as well as impacting Powers” reputation,” Schwartzman stated.
Powers, the Massachusetts Turnpike Authority, and eight other companies also face a wrongful death lawsuit filed by the Del Valle”s family. \ �2007 FastenerNews.com