Audit: Ex-sheriff misspent TPSO cash

To see the entire audit report against former sheriff Vernon Bourgeois, click here

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Now that state auditors have detailed their allegations of wrongdoing against former Terrebonne Sheriff Vernon Bourgeois – and alleged the possibility of criminal violations – the question of what happens next remains open.

And it might not be answered for some time.

Bourgeois has stated he will repay an estimated $19,000 wrongfully spent during his administration, under protest.

He maintains that he has not done anything legally wrong, however, and stands by decisions he made during his brief administration.

Copies of the report were sent to the U.S. Attorney’s Office for the Eastern District of Louisiana, Terrebonne District Attorney Joe Waitz Jr. and the Louisiana Board of Ethics.

Louisiana Attorney General Buddy Caldwell’s staff is expected to review the investigative audit, released Monday, but no estimates were made as to how or when a determination on criminal action, if any, might be made.

The U.S. Attorney will not be involved unless a partner federal agency such as the Federal Bureau of Investigation finds that federal laws have been violated.

Although the U.S. Attorney’s Office has been forwarded a copy of the report, there are no indications of whether or how federal authorities might involve themselves.

Sources at federal agencies that could be involved said the audit report will be examined to see if federal laws have been violated.

“It would get a cursory review from the criminal division to see what are the parameters we are talking about,” one federal official said.

How much money is involved or other factors, even if federal law does apply, would factor into whether something would be considered at that level.

The audit alleges that Bourgeois:

• Drew $16,133 in accumulated leave pay at the conclusion of his service, which exceeded the legally mandated ceiling for payment of sheriffs in Louisiana.

• Improperly charged $1,950 in fuel expenses during trips to football games and car races, in parish vehicles.

• Failed to seize property of a company called Baby Oil after $394,627 taxes were not paid from 2009 through 2011, in violation of his duty,

• Improperly donated inmate labor estimated at $350,000 for work on a work release building that was occupied by a private company.

• Improperly supplied patrol cars and deputies to escort Nicholls State University athlete buses to out-of-town games, with no agreement in place to do so. Nicholls is in neighboring Lafourche Parish.

• Allowed deputies who re-enacted law enforcement activities for the television show “Cajun Justice” to be paid by the production company while also being paid by the sheriff’s office, in the amount of $988.

• Bourgeois also took a $600 per year clothing allowance that brought his salary over the maximum.

• Acceptance of transportation in a private plane, the details of which have not been disclosed in the report, could result in action by the state Ethics Board.

Bourgeois served as sheriff from 2008 through 2012. He succeeded Jerry Larpenter, who was sheriff from 1987 through 2008, when he left office for an unsuccessful parish president run. Larpenter was re-elected in 2012 after Bourgeois declined to seek a second term.

Legislative Auditor Daryl Purpera ordered the special audit after a private audit commissioned by Larpenter noted deficiencies, which included improper documentation of expenses and other issues.

Bourgeois’ official response to the audit, which is included in the report, includes a promise to pay the disputed money back. The $19,175 he has offered to pay covers the leave pay, uniform allowances and fuel expense.

During the three-year period studied, the audit maintains, Bourgeois attended six out-of-state football games, two out-of-state car races and two out-of-state conferences where he and some deputies took unauthorized sightseeing excursions that had nothing to do with TPSO business.

“Our audit revealed that former Sheriff Bourgeois and former deputy Keith Gallicio purchased fuel with a TPSO credit card for TPSO vehicles, rented vehicles and, in one instance, a personal vehicle.”

TPSO vehicles, the audit states, were used for trips to Texas, Alabama, Mississippi and Georgia for football games.

“Although Sheriff Bourgeois agreed that these … trips had no business purpose, he stated that he felt there was nothing wrong with his use of TPSO vehicles and purchase of fuel to attend football games, and claimed other Louisiana sheriffs did the same,” the report reads.

The report also notes a trip to the Talladega Superspeedway in Talladega, Ala., and Five Flags Speedway in Pensacola, Fla.

The Talladega trip, the audit says, arose from a promise of security detail work that never came to fruition. Bourgeois, the audit said, told their staff he planned to reimburse the parish for that trip “but never got around to it.”

The audit also found fault with a 2010 trip to the International Homicide Investigators Association Symposium in Sparks, Nev., with himself, his wife and a deputy and his wife.

“The purpose of the trip was for the deputy to receive an award for work on a serial killer case,” the report states. According to Sheriff Bourgeois, he arranged a private jet owned by a (Houma) businessman to fly to fly them to the conference, where they stayed for three nights at a hotel.

Prior to Bourgeois arranging the free flight, a commercial airline tickets had already been purchased by the association for the honoree.

The trip could violate state ethics laws, the report states.

During the conference, Bourgeois rented a Nissan Armada for $600 and made two purchases of fuel totaling $106.

“Since the distance from the airport to the conference hotel was about three miles, the $106 worth of fuel purchases appears to be for the benefit of former Sheriff Bouregois,” the report states.

The report recommends the sheriff’s office should seek recovery of the money spent for leave and clothing, adopt written policies concerning annual leave for the sheriff, and recovery of fuel expenses.

In his own response to the auditors, Larpenter said his office will demand $17,225 from Bourgeois, and that if it is not paid a civil suit will be filed.

Policies were in place, Larpenter said, during his own prior administration that would have prevented some of the issues had they been followed. Those policies, he said, will be followed during his own continuing tenure.

A suit has already been filed in connection with Bourgeois’ failure to collect money from Baby Oil and businessman Neal Suard.

“As a note, as it relates to this audit, I was told by the bookkeeping department that Sheriff Jerry Larpenter did receive a clothing allowance for each year it was given out,” Bourgeois’ statement reads. “Also, as I told the auditors in my interview, I do know that Sheriff Jerry Larpenter used the Terrebonne Parish Sheriff’s Office credit card for expenses on hunting trips and other occasions not associated with sheriff’s office business.”

The record of expenditures for the office, Larpenter said, back up his own assertion that he has done nothing wrong.

“I don’t know where [Bourgeois is] getting that, he was supposed to have spoken to somebody and he doesn’t say who, but his statements are not true,” Larpenter said. “The auditors never wrote me up for anything negative in my career or when they came in they did a comparison of his administration to mine. That goes to show what he stated was untrue.”

Vernon Bourgeois