The Obscene Power Of Careerist Prosecutors To Ruin Honest Citizens' Lives
Howard Root is a highly successful businessman with the money to fight malicious government, well, persecution pretending to be justified prosecution.
He writes about what was done to him in the Minnie Star Tribune:
'Not guilty."Since I had not committed any crime, you would think hearing the jury return that verdict at the end of my trial a week ago would give me faith in our criminal justice system. But that's not how I feel. Let me explain why.
I took the entrepreneurial plunge in 1997 when I started Vascular Solutions. Over the last 20 years, I've led the company in developing over 100 new medical devices that are used worldwide to improve the lives of patients suffering from vascular disease. In the process, we've created more than 500 well-paying American jobs and never received so much as a warning letter from the Food and Drug Administration (FDA).
But over the past five years, the Department of Justice has tried to convict me of a felony that could have put me in prison for years. My "crime"? The prosecutors thought it was "off-label" for our salespeople to talk with physicians about using just one version of just one of our more than 100 medical devices to treat perforator varicose veins rather than saphenous varicose veins.
They believed this was a felony even though our device was FDA-cleared for treating all varicose veins, over two-thirds of our salespeople never sold even one unit of it, sales constituted only 0.1 percent of our total sales and not a single patient was harmed.
Why would federal prosecutors spend five years pursuing something so wrongheaded and so insignificant?
It all started when one of our salesmen became upset he didn't receive a promotion. So he quit and filed a baseless complaint with the U.S. attorney's office in San Antonio, alleging a multitude of offenses to try to justify a $20 million claim. Simply by hiring a lawyer and making wild accusations, this former employee with an ax to grind became entitled under the law to receive 20 percent of whatever money the government could "recover" from Vascular Solutions.
The government lawyers reviewed his allegations and chose to pursue just one. I offered to meet with them to correct their misinformation, but two days before that scheduled meeting, they called my lawyer and canceled it. And they never would reschedule. So before deciding to bring criminal charges, these prosecutors never heard my side of the story.
Instead, they subpoenaed over 2 million pages of our documents and interviewed over 60 customers and employees. In the process, they received evidence that conflicted with the story told by that money-motivated former employee. But instead of changing their conclusions to fit the evidence, these prosecutors engaged in obscene tactics to try to change the evidence.
...Why would prosecutors act this way? The answer is pretty simple. They started with bad information, jumped to a conclusion, and then, in these prosecutors' own words, they had "invested their blood, sweat and tears" in this case and "needed a body" in return.
You think prosecutors search for the truth? The Department of Justice rewards its prosecutors for convictions, not exonerations. The government agent who conducted our investigation said "it's not my job to make the defense's argument" when interviewing witnesses. A senior government lawyer publicly boasted that our case was "hand-picked" by prosecutors who "went on the offensive" because they had such a strong case. Search for the truth be damned.
To defend against these false criminal charges, we hired lawyers -- lots of lawyers. All told, we hired 10 different law firms, with over 100 lawyers billing us a combined $25 million. I can't imagine the millions of taxpayer dollars wasted by these prosecutors.
I've seen this happen to two dear friends and to one acquaintance. In each case, it was quite clear they weren't guilty. However, that didn't matter to the government, because careerist government employees saw it all as a big video game they were vying to win.
What was done to Root was obscene. Again, what's different about his case from so many is that he had the money to say "fuck you; we're innocent" to the government -- until they finally got that "not guilty." $25 million of his company's dollars later -- and, as he notes, who knows how many taxpayer dollars.
This is just one arena of government overreach, so it's easy to shrug off. But if you look around, you see overreach in so many areas, from executive branch overreach to free speech rights being rolled back on campuses, to the TSA and beyond.
And since few notice, complain, or do anything about the abuses -- and the erosion of our constitutional rights, it sends a message: "HEY, ABUSERS -- KEEP DOIN' WHAT YOU'RE DOIN'!"








Stuff like this will continue until investigators and litigators find their qualified immunity stripped from them for cause. Once the specter of becoming personally liable for the conduct of the prosecution falls on them, they'll become more responsible.
Otherwise, they're gambling with the house's money: if they lose, so what? and more times than not, they don't run into deep pockets, and can claim a win.
I R A Darth Aggie at March 13, 2017 5:55 AM
Related: https://pjmedia.com/jchristianadams/2017/03/11/federal-judge-blasts-unprofessional-behavior-of-justice-department-lawyers/
I R A Darth Aggie at March 13, 2017 6:07 AM
The problem here is that people won't back down once they have gone down a certain road. It is pride, pure and simple. It is also a lack of ethics. If as a prosecutor you conclude you have no case, you are ethically, and even legally, bound to drop the case. But if "winning" is the only thing, then they carry on. The Justice Dept has been getting its hands slapped a lot recently.
cc at March 13, 2017 10:27 AM
It's as IRA says CC. If there are no downsides for the prosecutors why wouldn't they engage in unethical or illegal action? Some have higher moral standards. But most just respond to their incentives.
Ben at March 13, 2017 1:03 PM
The Pacific Standard ran a piece in 2012 about why it's so hard for cops to admit it when they're wrong. Here's a sciency explanation from the article:
“It’s always easier to recognize the mistakes of others,” cognitive neuroscientist Itiel Dror says of these often mystifying denials. “The problem we face,” says social psychologist Carol Tavris, “is not from bad people covering up their mistakes and not wanting to face the truth. It’s from good people who deny the evidence in order to preserve their belief that they’re good people.”
Canvasback at March 13, 2017 1:39 PM
It also gives them something to parade on the mediatic circus in case they aim for a political career.
Kamala Harris is a good example of that. Despite losing her case(s) against Backpage, she got all of this media exposure. She's a senator now.
Sixclaws at March 13, 2017 3:08 PM
C-Back, this applies to every government employee in every context. They have no competition for their jobs, so their prices & costs cannot be corrected by market forces.
Crid at March 13, 2017 3:14 PM
Look what happened to Dinish Desouza. He was forced to spend 8 months on work release and receive psychiatric treatment, just like they used to do in the USSR to political prisoners. He went to prison on charge no other American citizen has EVER gone to jail for. He was deemed an enemy of the state and was treated as such.
Sheep Mom at March 13, 2017 4:23 PM
On the bright side Dinish has some really funny stories to tell. And he tells them well. 'What are you in for? Murder. Rape. Arson. Giving someone money. . . . wait what?'
Canvasback, you get the same thing in finance. Bernie Sanders isn't some greedy jerk out to rip people off. He is a charismatic fellow who promised more than he could deliver. And to keep everyone happy he started to lie a little. And the next thing you know he's running a pyramid scheme and the whole thing collapses. Incompetent people who mean well do an awful lot of damage. Which is why while the thought may count it doesn't really count for much.
Ben at March 13, 2017 7:44 PM
"They have no competition for their jobs, so their prices & costs cannot be corrected by market forces."
True, with an exception: the salaries for Federal contractor personnel are adjusted to the mean for the area, a function of the market. The lack of market penalty for failure has wasted millions of tax dollars where I work.
Radwaste at March 14, 2017 1:19 PM
Right, so I'm all like whatever: This is not a marketplace.
Crid (No More Dronekills) at March 14, 2017 4:53 PM
That Trump fellow is beyond the pale, wanting deep cuts in the Federal government. I wonder why anyone would vote for him.
MarkD at March 16, 2017 4:56 AM
That Trump fellow is beyond the pale, wanting deep cuts in the Federal government. I wonder why anyone would vote for him.
MarkD at March 16, 2017 4:56 AM
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