Tuesday, June 2, 2009

Defendants in Foy Case Won't Turn Over Documents

Here's another case of the state refusing to turn over documents related to the investment scandals. This time it's in the "discovery phase" of the Frank Foy whistle-blowing suit.

State officials as well as the Chicago-based Vanderbilt Financial, which lost $90 million in investments from state pensions and public trust funds, have told the court they won't turn over discovery documents requested in Frank Foy's pay-to-play suit against former Bill Richardson chief of staff and campaign manager Dave Contarino, state Investment Officer Gary Bland, Educational Retirement Board chairman Bruce Malott and others.

In a motion filed in state District Court in Santa Fe last week, Victor Marshall, attorney for Foy, who is a former ERB investment officer, said, "All of the defendants have refused to answer any interrogatories or produce any documents whatsoever, even the most basic documents concerning the transaction giving rise to this lawsuit."

In his response to Foy's discovery motion asking for various documents, Bland said the requests were "vague, overly broad and overly burdensome." Vanderbilt, in its response, uses similar terms, which the plaintiffs call "boilerplate" language.

See my story in the New Mexican on this HERE.

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