Illegals may get slide from court

(Report 2-28-09)



Illlegals could get bypass on identity theft

by DNN Weekend Staff
DNN Reports!
Saturday, Feb. 28, 2009

The Supreme court appeared poised yesterday to rule that illegal aliens who use phony Social Security numbers to get work should not be considered identity thieves, even if those numbers belong to real people.

The court seemed likely to reject the government's argument that under a 2004 law that metes out a mandatory two-year prison term for "aggravated identity theft," prosecutors do not have to offer any proof that a defendant knew the identification belonged to someone else and was simply not made up.

Should someone get two extra years in prison "if it just so happens that the number you picked out of the air belongs to someone else?" Chief Justice John Roberts asked Justice Department lawyer Tobey Heytens.

The justice was joined by his conservative and liberal colleagues in signaling they have problems with the government's use of the law against defendants who were unaware they were invading the privacy of real people.

Kevin Russell, a Washington lawyer arguing on behalf of the illegal alien worker from Mexico, said there is no question that his client committed a crime by using false documents.

But Russell said when Congress passed its 2004 law, it intended to toughen identity thieves who use information to steal.

Illegal aliens commonly buy ID cards from forger without any intention on invading someone elses privacy, he said. The government has used identity theft charge to persuade people seized in raids to plead guilty to lesser immigration charges and accept prompt deportation.

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Fast Lane slips in stealth fees

(Report 2-26-09-2)



Up to 1 million customers hit with faulty charges

by Hillary Chabot
DNN Reports!
Thursday, Feb. 26, 2009

The Pike has pulled a fast one on potentially thousands of FastLane users, slipping truck-sized charges onto their bills after their cars were electronically mistaken for bigger rigs.

The hefty fees - in some cases more than double what drivers were meant to pay - have been applied to as many as 1 million FastLane transactions at a time when tollpayers are already digging deep, according to a Turnpike audit.

“The reality is the technology that reads the number of axles is at least 10 years old. We recognize we need to replace a lot of our infrastructure including this technology,” said Jennifer Flagg, the Pike’s chief administrative officer.

The revelation comes a day after board members approved a $2 hike in tolls in the tunnels and a 25-cent hike at the Allston and Weston tollbooths.

Flagg said FastLane cameras are 99 percent accurate, but during bad weather the camera meant to read the number of axles on a vehicle can be covered with grime or snow and misread its target.

The potential misread has occurred on 1 percent of FastLane transactions annually, Flagg said.

Turnpike policy is to automatically charge the driver a fee for the higher number of axles.

For example, a motorist traveling from West Stockbridge to Boston’s South Station on the Pike would be charged $4.60 while driving an ordinary two-axle car with a FastLane transponder, but would be charged $10 if traveling in a truck or other vehicle with three to five axles.

“I firmly believe this is not a case of finders keepers, losers weepers. Financial crisis or not, we should return this money to the tollpayer,” said Turnpike board member Mary Connaughton.

Making matters worse, customers no longer get a statement in the mail, so many don’t even know they’re being overcharged unless they review their acccount online. Motorists have 60 days to dispute a charge.

Pike board member Judy Pagliuca said, “If you sign up for it, you should be checking your bill, but we want to make sure whatever policy we have in place is fair to the tollpayer.”

Roughly 720,000 people have FastLane transponders.

An investigation was sparked last spring by an eagle-eyed Framingham resident who noticed the extra charge and pointed it out to Connaughton.

“They were just going to refund him the 25 cents, but I thought if it happened once it’ll probably happen again,” Connaughton said. “This needed a systemic change.”

NOT SO FAST! Cars travel under a sign on the Massachusetts
Turnpike advertising FastLane transponders, shown in a car here.
(DNN Staff photo)



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Demand for food stamps in Mass. soar

(Report 2-26-09-1)

by Associated Press
Thursday, Feb. 26, 2009

Welfare officials say the demand for food stamps in Massachusetts jumped 20 percent last year, straining the system and trying the patience of some residents applying for the benefit.

There are now about 600,000 Massachusetts residents getting food stamps after nearly 100,000 people were added to the rolls in 2008.

As many as 20,000 new applications are coming in each month, along with an average of 18,000 requests for extensions.

The rise in demand for food stamps comes at a time when the state Department of Transitional Assistance is dealing with a reduction in staff. It now takes as long as a month to process some applications.

Phuoc Cao, director of the state’s food stamps program, tells DNN, his department is doing its best.

DeNucci: T bled 18M on 'Charlie Card' Transition

(Report 2-24-09-2)



by Hillary Chabot
DNN Reports!
Tuesday, Feb. 24, 2009

The debt-plagued MBTA hemorrhaged more than $18 million due to sloppy oversight and delays while the system transitioned from using tokens to the Charlie card, state auditor Joe DeNucci found.

MBTA officials, who have recently threatened to hike fares and cut services, also risked an additional $37.5 million in taxpayer cash by failing to ensure the contractors would complete the work as requested, DeNucci found.

“This is another example of a multi-million dollar project costing more than it should because there wasn’t enough oversight,” DeNucci said in a press release. “The taxpayers and the MBTA’s riders are paying for that extra cost.

In the future, the T management should provide more oversight of the design process and make sure that its contractors live up to their obligations.”

DeNucci said the transition was riddled with design mistakes, clumsy planning and questionable decisions - such as when officials decided to cut back on the repair warranty for 400 fare boxes. The decision cost taxpayers $606,000 in repairs.

The MBTA began transitioning from the outdated token fare system to the smart card Charlie Pass in 2003, but the multiple communication failures and design goofs added another two years to the implementation, DeNucci said. Those delays cost another $2.9 million, DeNucci said.

Officials also reduced the contractor’s performance bond safeguarding the $75 million project from 100 to 50 percent, risking $37.5 million that went into the project. The bond was supposed to ensure that all the work would be completed properly.

DeNucci questioned the decision to reduce that bond, saying the contractor didn’t have much experience installing the smart card.

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Menino Jr. taps city-connected firms, worker for home renovations

(Report 2-24-09)


by Dave Wedge
DNN Reports!
Tuesday, Feb. 24, 2009

Mayor Thomas Menino’s police detective son has used a city engineer and a prominent architect who does business with City Hall for work on rental properties he owns, records show, raising further questions about potential conflicts for his father’s administration.

Neither John J. Sinagra, a $103,000-a-year “building systems engineer” in the city’s Property Management Division, nor architect Arthur Choo could specifically recall doing the work for the mayor’s son.

But Sinagra’s City Hall office number is listed on an Aug. 6, 1997 permit identifying him as the “master” gas fitter for Thomas M. Menino Jr.’s rental property at 44 Clifford St. in Hyde Park. Sinagra works in the same city department where Menino Jr.’s wife, Lisa, is employed as a secretary.

Choo, who records show drew up remodeling plans in January 1997 for the 44 Clifford St. property, did not remember the job but said the mayor was not involved.

“They just called me because I’m quite well-known in Boston,” said the architect, whose clients include the mayor’s alma mater, University of Massachusetts at Boston, Fisher College and Bunker Hill Community College, as well as several Hub realty companies.

Sinagra has worked for the city since 1990. His signature and an East Boston address for him are both on the permit, but his business phone number is listed as his City Hall office. State ethics rules prohibit government workers from using public resources for private business purposes.

In a brief interview, Sinagra said he didn’t remember working at Menino’s rental house.

The Herald reported last month that Menino Jr. has been moonlighting 20 hours a week as a safety officer for Suffolk Construction, on top of his full-time Boston police job. Suffolk is a major firm that does business on numerous construction projects requiring city permitting and inspections, but the mayor said he did not need to formally disclose his son’s post.

Menino Jr.’s lawyer, Philip A. Tracy Jr., said his client is a “distinguished” officer who would never accept “preferential treatment.”

“I don’t believe any improper relationship exists,” Tracy said. “Young Tom Menino, who has to live under a microscope, is an honest person who I am sure paid for the services he received. I don’t believe in any way, shape or form that he would look for . . . any preferential treatment. It’s a very small city and it’s very hard not to be cross-referenced with different people.”

Dot Joyce, spokeswoman for Mayor Menino, said he is not aware of which contractors his son employs. “The mayor believes his son is an honest, hard-working kid who would never take advantage of anyone,” Joyce said.

Another contractor used several times by Menino Jr. is City Councilor Rob Consalvo’s cousin, Joseph Consalvo. Consalvo built a garage and a shed at another rental property, at 46 Clifford St., in 2002 and did remodeling work at 44 Clifford St. in 1995.

Joseph Consalvo is listed in Boston Redevelopment Authority documents as the builder on a restaurant proposed for a vacant MBTA substation in Roslindale. He is also part of a development team seeking to build 22 condo units on a Massachusetts Turnpike-owned property in Charlestown.

Consalvo did not return calls.

Choo said he has known Mayor Menino “since his days as a city councilor.” The architect, who donated a total of $850 to the elder Menino’s campaign from July 2005 to July 2006, was part of a development team that worked on the Alexandria Hotel in the South End - a pet project of the mayor’s that was recently scrapped because the building was sold. He also designed the Columbia Point housing projects in the 1980s and regularly does business with the city.

Tom Menino Jr. and his wife paid $115,000 for 44 Clifford St. in 1995 and sold it in 2003 for $380,000, records show. The couple still owns rental properties at 46 Clifford. St. and 64 Clifford St.

They bought 64 Clifford St. in 1999 for $160,000. The two-family home is currently worth $360,000, records show. In December 2001, they bought 46 Clifford St. for $210,000. The single-family home is currently worth $328,000.

Menino Jr. pulled in $106,000 as a cop in 2008, including 310 hours he clocked in overtime.

Like Father Like Son: Mayor Tom Menino and his son, Thomas
Menino Jr. (Above) are shown in a photo during an award presentation
presented to Thomas Menino Jr. (DNN Staff photo)

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Turnpike approves toll hikes

(Report 2-24-09)


Tolls now set to increase to $5.50 at Harbor Tunnels by March 29, then to $7 by July 1 unless...

by DNN Alert Staff
DNN Reports!
Tuesday, Feb. 24,2009 4:23 PM EDT

The Massachusetts Turnpike Authority’s board voted today to enact a two-stage hike in Boston-area tolls that would be repealed if the Legislature approves a proposed increase in the statewide gasoline tax.

By a 4-1 vote, the board agreed to hike eastern Massachusetts tolls to $1.50 at the Allston-Brighton and Weston booths, and $5.50 at the Boston Harbor tunnel crossings, effective March 29.

The board also voted to raise tolls to $2 at Allston-Brighton and Weston and $7 at the tunnels, effective July 1. Those tolls currently are $1.25 and $3.50. Tolls in western Massachusetts would be unaffected.

Both proposed increases would be canceled if the Legislature approves Gov. Deval Patrick’s plan to increase the state’s gasoline tax by 19 cents per gallon. The governor proposed the hike — which would leave the state with a nation-leading 42.2-cent gasoline tax — as an alternative to a doubling of tolls initially approved by the Turnpike board in November.

That touched off a wave of public protest and calls for a more equitable means of spreading transportation costs. The Pike is the main route into Boston for MetroWest commuters, while the residents of East Boston, South Boston, Winthrop and the North and South shores frequent the tunnels.

Board member Mary Connaughton voted against the hikes and said she wanted the board to consider fairer alternatives and cost reductions. As she tried to outline a proposed amendment, Transportation Secretary James Aloisi, who also serves as the board’s chairman, continually interrupted her and asked her to remain focused on the vote at hand.

As Connaughton sought to explain her amendment, Aloisi stopped her and reread the proposed vote very slowly.

"None of us prefer to do this," said board member Michael Angelini, who proposed the increase. "This is a matter of public responsibility."

He said he hoped the gasoline tax increase would make the toll hikes unnecessary.

Rep. Joseph Wagner of Chicopee and Sen. Steven Baddour of Methuen, co-chairmen of the Joint Committee on Transportation, had urged the board to delay the toll increases until the Legislature decides whether to approve the higher gas tax.

Baddour also chided Patrick for urging swift action on a comprehensive transportation overhaul that includes the gas tax hike even though he hadn’t yet filed the bill. Aloisi promised to do so later Tuesday.

"We vote on legislation, not PowerPoint presentations," Baddour said. "It’s been 510 days since the governor first started talking about a transportation reform package."

Aloisi said the toll increases are needed to preserve bond ratings for the Turnpike. It is saddled with $2.2 billion in debt from the Big Dig project.

"A two-phased toll increase will allow time for a reform bill to be passed without the full impact of the Turnpike’s fiscal problems falling on the toll payers," Aloisi said in a statement issued before the board meeting. "Without the initial action taken (Tuesday), Turnpike bonds will be downgraded to junk bond status — something that’s bad for every state agency and authority. Our commitment is to roll this toll increase back as soon as the Legislature passes a comprehensive reform and revenue package."

Meanwhile, Connaughton complained that Aloisi was pushing her off the Pike’s Audit Committee, even though she is the only certified public accountant on the panel, because she has been a vocal critic of Patrick’s Turnpike plans.

Former Republican Gov. Mitt Romney appointed Connaughton to the board in September 2005. She will be replaced by Angelini, a lawyer and appointee of Patrick, a Democrat. Aloisi also is a Patrick appointee.

"The chair is revolving seats on the committee to ensure fairness and let every board member have the opportunity to serve on the Audit Committee," said a statement from Aloisi spokesman Colin Durrant. "The only reason the chair made this decision is to ensure fairness in committee membership, allowing every board member the opportunity to serve."

Connaughton said taking her off the committee will reduce her access to financial data.

"This is not about fairness to committee members, but about what’s right for toll payers," she said. "And what’s fair for toll payers is to have someone on the board with financial expertise."

Transportation Secretary and Chair of the
Massachusetts Turnpike Board James Aloisi
(above) shows concern over the toll hikes not
passing. (DNN Staff photo)

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Facing Deval's gas tax nightmare!

(Article 2-23-09)

Gov. proposes gas tax hike leaving out hidden secret

by Donnie Bernabei
DNN Staff – EXCLUSIVE!
Monday, Feb. 23, 2009

First just a few questions.

How many of you are so fed up with Gov. Deval Patrick that you would like to meet him in a dark alley to settle some of your differences with him? I bet by the time you finish reading this piece the line will more than double.

Here's just two more questions I have, this time for our liberal friends:

How many of you thought Patrick was a generous guy when he chose to only raise the gas tax 19 cents instead of his original proposal of 29 cents on a gallon-of-gasoline? Better off yet... How many of you thought Patrick was a swell guy after choosing to raise the gas tax instead of the tolls?

The show of hands was nothing but overwhelming at his formal breakfast that he threw last week when the Beautiful People showed their support. Here's a bigger laugh: Patrick went on to say that his proposal would only cost the average consumer an extra large cup of coffee per week. Little does he know that most people in today's day and age brew their coffee at home. And little do the Beautiful People know how much they will be getting hosed again regarding Patrick's gas tax hike proposal.

Here's the secret:

You see Patrick made sure that his proposal was linked to what we call The Consumer Price Index. So if inflation goes up so will the gas tax. Not only will you have to worry about the cost of gasoline rising, you will also have to include inflation as another key factor.

Now if this is passed swiftly, Massachusetts will own the highest gas tax in the country. What else is new around these parts? The proposed 19 cent tax hike would bring it to 42.5 cents for a gallon-of-gasoline.

So you might as well forget about not being a scape goat during a recession around the parts. Let's tax the people to death to make up for all the irresponsibility and corruption that this government has caused. This is how it works in Massachusetts when you got a one party rule of liberals governing our state. And how many times did I warn everyone about voting this way?

Ultimately, I've always thought that the only way to stimulate our economy is to reduce taxes on businesses, which in return would allow them to hire more people. Employed people make better consumers. An increase in consumer confidence is what our ailing economy needs.

The liberals running this state tend to differ.

They believe by taxing you to death that it will fix everything during a recession. Little do they know that when this happens people have less money to spend and puts fear in their buying habits. And when people buy less it forces businesses to earn less profits, causing them to layoff a good chunk of their workforce with some even having to close up shop entirely.

So this is what's happening around here.

Next, we'll see what's going on with the toll hikes that are being proposed by Pike board members again. Then, there's that 1 percent meals tax hike statewide. The MBTA will probably follow suite. Then we'll have to take more of an in depth look on what the loons up on Beacon Hill are working on. That is wanting to place a computer chip in your inspection sticker so they can charge you on every mile you drive.

So, do you still think this will only cost us one extra large cup of coffee each week, Deval? The question I have for you is how many more cups will we have to buy? That's if we even have the money to buy them by the time you get done.

Correct me if I'm wrong? I bet before the year 2010 is out that Deval will then get the message. You see by that time, even many of the Beautiful People we have in this state would have woken up, making it their turn to finally send him a message.

"Anyone accept Deval Patrick for governor!"

At a formal breakfast, Gov. Deval Patrick (above) states
how his gas tax proposal would only cost the average
consumer an extra large cup of coffee per week.
(DNN Staff photo)





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Transportation bill won't stall toll vote

(Article 2-20-09)




Toll hike in the works

by Hillary Chabot
DNN Reports!
Friday, Feb. 20, 2009

Gov. Deval Patrick’s transportation reform package won’t stave off a vote to hike tolls on the Massachusetts Turnpike - potentially triggering $5.50 tolls in the tunnels as soon as March 29.

Patrick, who promised earlier this week he wouldn’t support both tolls and a gas tax hike, will propose a 19-cent gas tax hike today, according to two published reports this morning. The proposed jump would add 19 cents to the already 23.5-cent-per-gallon gas tax.

“The timing will be very tight to avoid a toll hike at this point,” said Pike board member Mary Connaughton, adding members could include a clause avoiding the hike if lawmakers pass Patrick’s reforms quickly.

In order to avoid a credit rating downgrade, Pike board members will vote on a staggered increase Tuesday that would jack up Allston and Weston tolls by 25 cents and tunnels by $2 on March 29.

Tolls would increase again on July 1 to $7 at the tunnels and $2 at the Allston and Weston booths.

“The governor’s plan that will be announced (today), if enacted, will negate the need for the scheduled toll increase,” said an administration source.

Surprised lawmakers accused Patrick of using the upcoming toll hike vote as leverage to jam through his reforms - the timeframe leaves them only five weeks to review Patrick’s plan.

“I’ve tried to give the administration the benefit here, but submitting a bill at the eleventh hour on the eve of a toll vote is the wrong way to go,” said Rep. Joseph Wagner (D-Chicopee), who co-chairs the transportation committee. “There really shouldn’t be an expectation on the part of the administration that we would turn substantial reform legislation around on a dime.”

Patrick’s long-awaited transportation reform would end the practice of providing pensions to MBTA employees after 23 years of service, according to an administration source.

The reform would also force contractors to detail any former lawsuits or unfinished projects in an effort to avoid hiring risky companies, such as when Massport hired Parsons Brinckerhoff to construct a parking lot at Logan International Airport. Patrick has been mulling hiking the gas tax by as much as 29 cents, which would make the Bay State’s gas tax the highest in the country. He also was considering implementing an open road tolling system that would tax cars per mile traveled, and broad consolidation of the transportation departments.

Unlike the others, we tell you what's really happening.

Governor sees gas-hogs paying higher fees

(Article 2-19-09)

Registration hikes eyed

by Jay Fitzgerald
DNN Reports!
Thursday, Feb 19, 2009

Owners of SUVs and other gas-guzzling vehicles could pay higher registration fees under a transportation plan being floated by the Patrick administration.

Gov. Deval Patrick said tomorrow he will unveil a comprehensive transportation overhaul that will either include a higher gas tax or toll hikes on the Mass. Turnpike and tunnels - but not both.

Speaking at a Greater Boston Chamber of Commerce breakfast yesterday, the governor also signaled, and sources confirmed, that his administration will slap motorists who drive SUVs, pickup trucks and other fuel-hogging vehicles with higher registration fees.

Currently, new registration for a passenger car costs $36 - with a biennial renewal fee of $41. Prices for vanity, reserved and other specialty plates can run as high as $81. No dollar figures were available yesterday on Patrick’s proposed fee adjustments.

The Patrick administration’s goal is to force those driving heavier, less fuel-efficient cars to pay more for the wear-and-tear on roadways and the extra pollution spewed by their cars.

The fee increase idea comes as the governor scrambles to find ways to raise funds for a state transportation system now burdened by billions of dollars in debts and projects that can’t be funded.

Patrick said yesterday there’s no easy option. He must either raise the gas tax or tolls. A bond obligation for the Big Dig is all but forcing the state’s hand, Patrick said.

“It’s not exactly like this is a happy choice,” said Patrick, who asked at the chamber breakfast what option audience members would prefer - a gas tax hike or a toll increase.

The overwhelming majority raised their hands for a gas tax hike.

While the administration searches for new funding sources, it’s also looking at implementing in future years a pilot “Vehicle Mileage Travel” tax that would charge motorists a fee based on how much they drive.

The American Civil Liberties Union and others have expressed reservations about that idea if it involves installing transponder chips in cars that can track where motorists have driven.