Will Morros & Moline Face Grand Jury?

Pete Morros, Director of the Nevada Department of Conservation and Natural Resources, has added a new tool to his job description -- blackmail.

You see, Morros' agency has the authority to issue permits to mining companies for various purposes. Without these permits, the mines, by law, cannot open and work.

This gives a bureaucrat like Morros an immense amount of power and leverage over the mining industry. Get on the wrong side of the government and you may find yourself having difficulty securing a permit.

Tackling a major industry like mining isn't something your run-of-the-mill government hack does on a whim. They may play games with podunk folks such as family ranchers over grazing permits and the like, but not the big boys like mining companies.

Of course, there are exceptions.

In 1989, the Independence Mining Company needed to secure a permit from the U.S. Forest Service to expand its operations. The U.S.F.S. sought input from other agencies, and the Nevada Division of Wildlife (NDOW) felt the expansion would have an "adverse impact" on about 5,500 acres of deer habitat. They apparently cut a deal with the Forest Service, that, unless NDOW approved, no permit would be issued to Independence.

NDOW demanded

$1.5 million in "mitigation" money from Independence before a permit would be granted. After extended negotiations between NDOW and Independence, an agreement was reached. Independence would pay half a million dollars to NDOW, and NDOW would then give the green light for the permit.
Independence is a small company, and with the two government agencies holding the power of economic life or death over its head, crawled on its belly and jumped through the hoops the government masters required. After paying the money, Independence got its permit.
Problem is, NDOW, a division of Morros' agency, has no legal authority to blackmail mining companies for a half million bucks. I looked up the statutes governing NDOW's permit authority, (see NRS 502.390), and surprise, surprise, the maximum amount a permit can cost is $100; however, an "assessment" of up to $10,000 per year for each such permit is also authorized. Thus Independence was forced to pay about $490,000 more than allowed by law.
This was brought to the attention of an Elko County Grand Jury which, after an extensive investigation,

issued a stinging indictment. On Feb. 13 of this year, four NDOW employees, including the head honcho, Willie Molini, were accused of "oppression under color of office," a gross misdemeanor under Nevada law.
Essentially, the grand jury found no statutory authority for NDOW's blackmail; that other mining companies had permits issued without such payments; and that damage to the deer habitat was minimal. In short, the Independence Mining Company had been a victim of extortion by the government agency.
Fortunately for the government swindlers, the statute of limitations had expired and no criminal indictments could be handed down.
Enter Pete Morros. In what has to be the most laughable statement of the year, Morros claimed his employees "are above reproach." Above reproach? Let's see. NDOW Director Molini has, in the last couple of years, twice violated state budget laws -- punishable as "malfeasance in office," and grounds for dismissal -- as well as taking a state vehicle to a bar in Fallon and getting his ribs broken in a barroom brawl. Morros' chief game warden was involved in a big game poaching in 1988, his law enforcement branch at NDOW repeated lies to the public about

poaching in Nevada, and NDOW shelled out $291,000 of taxpayer money for losing two separate cases of sexual discrimination. I could go on, but you get the point. Morros' henchmen are hardly "above reproach."
Morros, like an over-protective mother, claims his babies can do no wrong and attacked the grand jury, claiming they were on a "witch hunt." But Morros went even further. In a statement designed to scare the mining industry back into submission, Morros warned: "I have one more message for the mining industry: In view of the cloud that is now going to hang over the mitigation industry, we'll certainly have to go back and reconsider that maybe we'll not be able to execute that option in dealing with new mining projects..."
The threat contained in this rather twisted statement is clear -- permits may be a bit tougher to obtain -- unless you knuckle under and kiss Morros' ring.
Can you get a much clearer example of "oppression under the color of office" than that?!? Can a man who issues such a blatant threat really claim his workers "...are above reproach?" And people wonder why I fear government's ever-growing powers.
Morros conveniently (and wisely) failed to include

this threat in reports sent to the press -- but couldn't contain his bureaucratic wrath while delivering a public speech to a friendly audience. Unfortunately for Morros, his comments were caught on tape.
Morros demanded an apology from the grand jury, a complete retraction of the charges and stated the only thing his boys did wrong was letting Independence "off the hook" so cheap -- they should have extorted the full $1.5 million.
Morros also threatened the grand jury with "judicial action" since Molini & Co. cannot exonerate themselves of the charges due to the statute of limitations.
Fortunately, the Morros-Molini mob

can still have their much-desired day in court. Elko District Judge Mike Memeo agreed that the defendants can waive the statute of limitations and redeem their sullied honor in a court of law. Elko County D.A. Gary Woodbury has agreed to go to court as well.
The ball's now in Molini's court. If he and Morros are so cocksure they' re right, both sides can make their arguments before a jury of their peers and get everything out in the open, rather than hiding behind Mama Morros' skirt through press releases.
They demanded their day in court. Now that they can have it, let's see if they have the guts to take it.

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