IN RE: SALVADOR R. PERRICONE
ATTORNEY DISCIPLINARY PROCEEDING
disciplinary matter arises from formal charges filed by the
Office of Disciplinary Counsel ("ODC") against
respondent, Salvador R. Perricone, an attorney licensed to
practice law in Louisiana.
underlying facts of this case are largely undisputed. By way
of background, respondent commenced employment as an
Assistant United States Attorney ("AUSA") with the
United States Attorney's Office for the Eastern District
of Louisiana ("USAO") in 1991. At all times
relevant to these proceedings, respondent was a Senior
Litigation Counsel and the USAO's training officer.
the times pertinent to these proceedings, a New Orleans
newspaper, The Times-Picayune, maintained an
Internet website identified as nola.com. The website
typically permitted readers to post comments to news stories
using pseudonyms and/or anonymous identities.
in or around November 2007 and continuing through March 14,
2012, respondent was a frequent poster of comments on a
myriad of subjects on nola.com,  including comments on cases
which he and/or his colleagues at the USAO were assigned to
prosecute. Of the more than 2, 600 comments respondent
posted, between one hundred and two hundred - less than one
percent - related to matters being prosecuted in the USAO.
None of the comments identified respondent by name or as an
employee of the USAO. Rather, respondent posted on nola.com
using at least five online identities:
"campstblue," "legacyusa," "dramatis
personae," "Henry L. Mencken1951," and
2009, the FBI and the USAO commenced an investigation into
allegations of corruption against various Jefferson Parish
officials. In particular, investigations included allegations
involving improper health insurance contracts between
government entities and/or contractors and an insurance
company owned by Tim Whitmer, the Jefferson Parish Chief
Administrative Officer. Among the insurance contracts under
investigation was one with River Birch, Inc., a privately
held landfill company owned by Fred Heebe, whose company had
been awarded a $160 million landfill contract with Jefferson
February 2011, a federal grand jury indicted Henry Mouton, a
former member of the Louisiana Wildlife and Fisheries
Commission. The indictment charged that "co-conspirator
A" paid Mr. Mouton more than $400, 000 to use his
influence with the Commission to force the closure of the Old
Gentilly Landfill, which competed with River Birch. In June
2011, Mr. Mouton pleaded guilty to conspiracy.
additional investigation alleged embezzlement by Dominick
Fazzio, the chief financial officer for River Birch, and his
brother-in-law, Mark Titus. Mr. Titus pleaded guilty and
cooperated in the subsequent indictment of Mr. Fazzio for
fraud and money laundering. Respondent was not on the
prosecution team in that case, which was assigned to United
States District Judge Ginger Berrigan in the Eastern
District, but he did enroll for the limited purpose of
disqualifying attorney Stephen London as Mr. Fazzio's
the pendency of these investigations and prosecutions,
respondent began commenting on nola.com using the pseudonym
"Henry L. Mencken1951":
If Heebe had one firing synapse, he would go speak to
Letten's posse and purge himself of this sordid episode
and let them go after the council and public officials. Why
prolong this pain...perhaps Queen Jennifer has something to
say about that. -December 18, 2011, 10:21 a.m.
Heebe comes from a long line of corruptors. -September 3,
2011, 10:55 a.m.
Heebe's goose is cooked. -September 4, 2011, 10:45 a.m.
regards a nola.com story announcing the indictment of Mr.
Mouton, respondent commented using his pseudonym
I read the indictment....there is no legitimate reason for
this type of behavior in such a short period of time and for
a limited purpose. GUILTY!!! -February 26, 2011, 9:16 a.m.
regards a nola.com article on the indictment of Mr. Fazzio,
respondent posted a comment using his pseudonym
"dramatis personae" and wrote:
Well, Mr. Fazzio, I hope you have room in your scrap book for
your conviction and mug shot. London didn't too well with
Archie Kaufman. You're next. -August 5, 2011, 3:09 p.m.
Judge Berrigan's decision to disqualify Mr. Fazzio's
attorney due to a conflict, Mr. Fazzio hired Arthur
"Buddy" Lemann as his new attorney, as reported on
nola.com. Respondent commented using "Henry L.
Looks like Fazzio got a lemon. That book you refer to Mr.
Rioux is about all of his losses. The guy is a clown and
Fazzio is going down. -January 13, 2012, 10:36 p.m.
another post following Judge Berrigan's disqualification
order, respondent commented as "Henry L.
Mencken1951" and wrote:
It's the right decision. Judges don't take this
action lightly. There must be something going on we don't
know about or the TP is too stupid (more likely) to
understand. Please get to the bottom of this, PLEASE!!!
-January 5, 2012, 7:36 p.m.
personality Garland Robinette was featured in an article in
The Times-Picayune which reported that Mr. Heebe
provided him a $250, 000 interest-free loan allegedly in
exchange for Mr. Robinette's on-air opposition to
reopening the Old Gentilly Landfill rather than honoring the
$160 million River Birch contract. Mr. Robinette had been
notified that he was the subject of an investigation by the
FBI and the USAO. Using "Henry L. Mencken1951,"
respondent wrote on nola.com:
Looks like he got another 250K to keep his mouth shut. What a
show!! WWL radio is dead!!! -September 6, 2011, 10:13 a.m.
TRANSLATION: Heebe's attorney won't let me talk, lest
I implicate his client. Additionally, I am New Orleans
Royalty and I don't have to explain anything to anyone.
-September 7, 2011, 7:59 a.m.
prosecuted Mose Jefferson, the brother of Congressman William
Jefferson, in a case in which he was indicted for bribing
former Orleans Parish School Board president Ellenese
Brooks-Simms. During the trial, respondent posted comments on
nola.com about Mose Jefferson and his attorney, Mike Fawer,
under the pseudonym "campstblue":
Fawer has screwed his client!!!! He revealed exactly what
Mose needed on the board to get what Mose wanted. Good job
Mike!!!! You're just as arrogant as Ellenese Y and the
jury knows it.
-August 15, 2009, 9:19 p.m.
They got the corrupted, now they have to get the corruptor.
-August 16, 2009, 7:41 p.m.
second indictment not personally prosecuted by respondent,
Mose Jefferson, his sister Betty Jefferson, and Renee Gill
Pratt were charged with sending funds to a
Jefferson-controlled non-profit. William Jefferson was then
pending trial on corruption charges in Virginia. Using the
name "legacyusa," respondent posted:
The sad part of all this is that Bill is preventing his
siblings from pleading guilty and cooperating, thus exposing
them to more prison time. Additionally, local defense
attorneys are just milking these cases for their own ego
gratification and financial enrichment. Something is sick
about our system. -May 22, 2009, 9:40 p.m.