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The Plowman Exit

Editor’s note: The following blog post is based on a number of interviews involving multiple sources, some of which were questioned by the FBI, over the past five weeks involving the case of former IMPD officer and City-County Councilor Lincoln Plowman.  In exchange for the information, I promised not to identify any individual I spoke with.  However, many of them confirmed information given to me by others, and none of them had any knowledge of who I interviewed.

Two of the big questions surrounding the resignation of IMPD Officer and City-County Councilor Lincoln Plowman involve the words “what” and “why”?   What was the nature of the federal investigation that led him to step down from his posts?  Was there a violation of IMPD policy?  Did it involve his activities as a Councilor, a police officer, private citizen?  Why did he resign instead of stand and fight?  All legitimate questions, and for the first time, I think there are answers.  Note neither Plowman nor his attorney are talking about this.  Let’s go.

My sources tell me in late September/early October, Plowman was approached by an acquaintance regarding zoning for a business proposition.   He told him about an out-of-state developer who wanted to build an adult entertainment establishment in Indianapolis and needed someone who understood zoning and could get things done.  The acquaintance, who was actually a police informant, connected the out-of-state developer, who turned out to be an FBI informant, with Plowman.

The two met a number of times, my sources tell me, however after researching city zoning laws, they realized there were only a handful of few places where project could go up and one spot was in Decatur Township.   These types of establishments need to receive a zoning variance or be zoned IC-4, which I’m told is some of the heaviest industrial zoning in the city.  My sources says a  few more weeks of calls and inquiries went  by and no money changed hands.

As time dragged on and more inquiries were made, sources say Plowman and the out-of-state developer looked at hiring a commercial real estate attorney to see if anything could be done to find zoning in Marion County that would fit this establishment.   At no time, my sources say, did Plowman do any sort of background check on the developer.

The two would go out some evenings and engage in what some might label “bar talk” about the project, however the entire time the developer, my sources say, was wearing a wire.  A couple times, actually unbeknownst to the FBI, the developer would give Plowman a hundred bucks or so for the night out.   That information came as a surprise to the agents who were conducting the sting, because they found that out during one of the interviews that it had happened.

More time goes by, more research is done, more “bar talk” takes place, but still no money has changed hands.  However, it all comes to a head, my sources say, in late December where there is a meeting between the developer and Plowman downtown in a hotel.   They talk about where the project is going, and according to my sources, Plowman tells the developer, that given the amount of consulting time that he has already invested in the project, if he wants to go forward, it will cost him $5,000 for consulting fees.  At that point, my sources tell me, the developer takes out an envelope of cash, gives it to Plowman, and walks out of the room.   It’s at that point where the FBI comes in and tells him he’s been under surveillance and has been videotaped.  He is never arrested, but he is questioned about his activities.   Shortly after questioning, the agents, according my sources, start asking Plowman what he knows about embattled financier Tim Durham as well as other elected officials. These same questions are also asked to a number of witnesses.  Plowman is then let go.

Over the next few weeks the agents, one of which has been transferred to Chicago, question a number of witnesses about Plowman.  The questions included: has he ever tried to influence a city board member to vote a certain way; has he ever taken money for votes; has he ever taken money or pulled strings to get a liquor license granted?  The agents, as I mentioned in the above paragraph also ask some witnesses about Durham and other Marion County elected officials.

When I called the FBI for official comment, they gave me the standard, “we can neither confirm nor deny any investigation”.

As far as I can tell from talking to some legal authorities, if the government goes forward with its case, it could try to prosecute Plowman under what’s known as The Hobbs Act. The Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce, thus the “out-of-state” developer.   The law was originally intended to go after union racketeering, but has also been used in public corruption cases.  Particulary when a public official uses his or her position to extort or coerce money from an individual.

As far as IMPD goes, my theory is Plowman would have been likely been disciplined under the provision that forbids merit rank officers from holding outside employment. While Plowman could have continued his leave of absence without pay pending the outcome of the investigation, he doesn’t have the financial resources to sustain his family without income, hence his retirement from the department where he can at least draw from his retirement pension.

Now the big question, is Plowman guilty?  Of bad judgment and not using his head?From what I’ve gathered, definitely!   If someone came to me out of nowhere whom I didn’t know and started engaging in a lot of big talk about how he was going to build an adult entertainment business and he heard I was his go to guy, I’d probably start asking for references.  Is he guilty of the Hobbs Act?  To be honest I’m not sure.  There’s information floating around that neither I nor my sources have been privy to.  And as these conversations were likely recorded, who knows each and every word that was said over the course of four-month  long investigation?

For now, it is what it is and we’ll have to wait and see how the rest pans out.  At least now, we have some perspective.

  • varangianguard

    If I were Mr. Plowman, I would think twice about with who and where I lunched for the immediate future.

  • pogden297

    Wow, if all this is true, Lincoln has a slam dunk entrapment defense.

  • Name

    Is he guilty? Did I understand you to say he was handed an envelope of cash, somewhere between $4,000-$5,000–not a check with an anticipated 1099, but an envelope of cash–for “consulting on zoning” at the same time he happens to be on the Metropolitan Planning Commission? And it's on tape?

    That part may or may not be true. What does not make sense, however, is the part where you state that at the time of this alleged incident the FBI then identify themselves and start asking questions. If that were the case why would the FBI show up at his office later and start asking questions?

  • Think Again

    Good digging, Abdul. I sense you're about half-way there.

    You may be right, Paul. But there are a few very interesting questions:

    1. Why was Plowman even entertaining the thought of supporting an adult business variance? Didn't he think that would ultimately come out? He's a holier-than-thou guy on morals issues–did he actually think his multiple meetings with an adult entertainment business owner would never become public knowledge? Is he crazy?

    2. Why is any member of the CCC meeting with developers regarding potential zoning, and in any meeting, mentioning that he needs “consulting fees” ? How did the developer come into contact with LP? It certainly wasn't his zoning prowess or his IMPD duties—it was his role as Majority Leader or chair of the CCC Economic Development Committee. Ergo, his only access to this developer/undercover genius was his council position. And that right there means he has to go as a council member, period. Trading his public office for access/cash is verbotten.

    If this were a legitimate economic development activity, I can understand the council getting nominally involved–via its elected leaders, in conjunction with the paid economic development pros and the mayor's office. Certainly not as a paid “consultant” to the developer.

    Thanks for the digging, Abdul. If it's remotely true, he clearly should've resigned both positions. Criminal charges? I'll leave that to the federal authorities.

    But I'm betting there's a lot more to this than meets the eye.

    I've dealt with LP on zoning issues. He couldn't find the beginning or end of the zoning ordinance with both hands and a roadmap. Which was discouraging, because he was chair of the presiding committee.

    So, forgive me if I suspect there's much more to this story. And $4-5,000 for a major zoning case is a few hours' time in front of a top-notch zoning attorney.

    Now, if you want to investigate improper activity in zoning, you could start with any hints, innuendoes or outright direction, given by the 25th floor to the DMD staff regarding certain petitions. This has been a well-circulated accusation of neighborhood activists for years. There are specific examples of horrendous decisions which grossly violate code and the Comprehensive Plan, with campaign contributions from developers all ovoer the mix. All the familiar names are there–you know, the ones who can buy access wherever they want.

    It would be high theatre to suggest that somehow, after all these allegations for years, LP gets caught in the cross-hairs for an alleged $4-5,000 consultancy fee. Forest for the trees.

  • wilson46201

    Why was Plowman originally chosen for what was allegedly an expensive “fishing expedition” by the Feds? Why did they think they'd hit paydirt with Plowman? Were the other 28 Councilors approached by the FBI with phony zoning deals or other offers?

    Why did Plowman so attract the attention of investigators looking for public corruption?

  • Think Again

    Four months of listening to LP talk on tape.

    Someone is a glutton for punishment.

  • chrisworden

    Abdul:

    Lincoln should be glad you're his friend because your tone paints these facts in the most favorable light they could receive.

    Does Plowman have a “consulting company” about which I'm not aware? I just checked the Secretary of State's Office, and he doesn't. Does he have a law degree? I just checked the Roll of Attorneys. He doesn't. Is he a registered lobbyist? I just checked the Lobby Registration Commission, and he's not.

    So, on what possible basis could Plowman ask for $5,000? What was he “selling” of value, Abdul, if not his position?

    Listen, we all feel betrayed when our friends fall so staggeringly short of our own expectations of them, so I understand you might be in the denial phase, but this was either:

    (1) back-door bribery; or

    (2) “rain making” like Clay Davis in The Wire. This is where a public official takes money while providing no real value while giving the impression he can make something happen. Is it criminal? No, but people who do it have the exact same shady state of mind. What they prey on is the BELIEF that whoever gives them money will THINK they're bribing someone.

    Was Plowman the guy who sold $5,000 worth of drugs? No. He was the guy who sold baking soda for $5,000 to a guy THINKING he was buying drugs. Is either one of those morally superior?

    And, as much as I agree with a lot of what Paul writes, there's no entrapment here. There's just a dirty cop and councillor.

    Plowman resigned because he knew he was going to get canned. And IMPD let him walk because it didn't want to further tarnish its reputation by airing the full details of a scandal involving one of its highest-ranking officials.

    That's how we do it in this town. Step down, and all the questions stop.

  • Think Again

    Chris just hit the ball out of the park. Spot-on. Bravo.

  • pogden297

    TA,

    The entrapment comment was meant to be sarcastic. I too believe there has to be more to this story.

  • http://twitter.com/IndyStudent Matthew Stone

    Wilson actually makes a point that I was kicking around in my head earlier. Why is it that Plowman was chosen? Is he being used by the FBI to get to other politicians? Or is something more lying underneath the surface?

    On another note, Ryan Vaughn must be the most lenient boss ever. He's like the “cool” boss who lets his employees get away with anything. Do you think any other Council President (or a majority or minority leader in any caucus in any legislative body) would stay in the dark this long?

  • Indiana_Barrister

    Chris/TA,

    While I respect your opinions, I spent a month walking through this and confirming information through multiple sources, albeit they were secondary. And don't forget, I am an attorney and former reporter, so I know how to objectively look at evidence and make a judgment call. And is there probably more to the story, of course. Thus the line about the conversations.

    If either of you have information to the contrary to what I've presented here, please share. I think it will make for an enlightened conversation.

  • Think Again

    I don't have contrary information, Abdul. I appreciate what you've pieced together.

    But as it now stands, there has to be more to it. LP wasn't “big enough” to take down in this manner. I suspect he got done-in by schrapnel from a parallel investigation. The FBI won't run from info they get in a parallel inevstigation; a $4-5,000 offer and acceptance is hardly big stuff. But, if true, it is illegal. Good Lord, more money than that, changes hands before noon in a pea-shake house. And no FBI wires there–that we know of.

    But I gotta tell ya, after working with LP on a few issues, there are a lot of things I'd suspect him of. Taking money in this regard was the furthest thing from my mind. He was dillusional to think his DMD expertise was worth anything. The professional staff people know the council members whose insight they can trust. LP is not on that list, by a country mile.

    I'll wait for more info. If I hear anything, I'll let you know, Abdul. I'm still trying to get over anyone paying Lincoln for access to the zoning process and supposed approval, AND his desire to work with an adult business. It contradicts everything he ever stood for, as far as I know.

    So, if it's all true, we know his price of whorishness. After multiple meetings. In the zoning/development world, he's a cheap date.

  • Nick

    Must be more to this than than a $5,000 shakedown from a connected policemen/councilmen.

    Seems rather odd to drop an investigation into wrong doing on a high level police official after he resigns. He must be talking with the FBI and giving up the bigger targets.

    Hope the truth comes out.

  • Rico

    Would it have killed you, Abdul, to actually name one of these 'elected officials' as Carl Brizzi?

    I share Wilson's belief that Plowman was targeted for a reason. Maybe the Feds felt he was more vulnerable than others on the CCC due to his employment as an IMPD officer. Or maybe Plowman has a history that would lead the Feds to believe he was 'on the take'. I'm sure we'll all find out soon enough. The plot thickens.

  • Think Again

    It does thicken, Rico. I believe the details Abdul provided did in fact occur, more or less.

    But Lincoln Plowman? Seriously? I don't know of one single zoning case in which his influence was the determining factor. He's just not taken that seriously. And if he thought some develoepr would approach him for serious advice on zoning issues, well…it'd be the first developer in the county who did so. So, LP was dillusional to the highest degree.

    It's like indicting a bank teller for the CFO's embezzlement. I think the feds tripped across this opportunity enroute to something much bigger. And if that's Tim Durham, then Tim's stupider than I thought.

    Then again, he did donate $5-10 large to Paul Ricketts when he was a township assessor. And an assessor who employed relatives and did a mediocre job, at that.

    Maybe Tim needs some advice in how much it takes to buy off low-level malcontents. He overpaid–badly. I just can't figure out why some guys needed to be bought off. So there must be a lot more to this. It just makes no sense.

    I mean who's next, Marilyn Pfisterer? Susie Day? Dane Mahern? LOL

  • IndyAries

    “The Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce, thus the “out-of-state” developer.”

    I'm surprised that the feds even bothered with the so-called 'interstate commerce' nexus.

  • Nick

    The FBI had to show it was their jurisdiction with the “out of state developer” comment so the locals couldn't take the case over and brush it under the rug.

  • Name

    Only in Indy.

    Abdul, I am still waiting for the “neutral journalist in you” to ask Brizzi the real question about WHY he timely bought Cellstar in massive quantities prior to Brightpoint buying the assets of Cellstar, and why he continued to hold the stock when it was supposedly worthless after the post-Brightpoint acquisition.

    After all, it was not public information two years ago, last year or even five months ago that the $15,192,000 in cash listed on the accounts payable line below was allegedly really a payable due to Verizon, that none of the shareholders knew was not ever going to be paid, that would possibly have been distributed but instead was redirected to none other than Fair Finance, run by Tim Durham, Carl's bff!

    http://finance.yahoo.com/q/bs?s=CLHI.PK&annual

    From Carl's Facebook (what a prophetic post:)

    Carl Brizzi posting: “Although today's economic climate is difficult, resorting to the use of soothsayers is just asking for trouble.”

    http://blogs.abcnews.com/theworldnewser/2010/03...

  • helvis

    Plowman can always rely on his good buddy Jack Cottey:

    http://photos1.blogger.com/hello/261/2778/1024/...

  • melyssa

    Abdul…this is digging that no one else in town got for us. Thank you.

  • guest

    JHC. It is about time you connected the dots Abdul. Abdul, did you or did your not refer to him as your good friend on your radio show? You would think he would fill you in if he were your good friend.

    Couple of points. Your source is close to correct. However, follow the money, you will find the loose ends. Someone needs to check his financial accounts as well as his re-election money. Actually, who were his donors. They are having a hard time following the money??? This is where it gets fuzzy for them. Bottom line, Plowman is guilty of all the above and he knew it. That is why he resigned. But like a bad penney, he will land on his feet.

    Next issue. According to the Indystar, several nominees are in line to replace Plowman empty seat. Let me say this, the GOP better not select a wife beater/wife cheater and or someone with a checkered past.

  • Mark Allen

    When are they gonna hang Hank Bosworth he's been an eyesore to the MCSD since 2003 when ole Frank GAVE him a job all he has ever done is draw a pay check and bully the employees of the MCSD

  • http://www.indianabarrister.com/archives/2011/05/weekend_update-5.html Indiana Barrister » Blog Archive » Weekend Update

    [...] The trial of former City-County Councilman Lincoln Plowman begins today in federal court.  Plowman is accused of taking a bribe from an undercover FBI agent posing as a developer.  You can get a refresher on the facts here. [...]

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