Fred Heebe trying to halt third lawsuit against him, River Birch ...

Jim Ward, left, and his stepson Fred Heebe turned River Birch into a landfill empire. (Photo by Editorial page staff, NOLA.com | The Times-Picayune)

"It would be like they?re being rewarded because they are the targets of a criminal investigation.? -- Plaintiffs' attorney Randy Smith

River Birch landfill owner Fred Heebe is asking a federal judge to pause a lawsuit filed by two competitors, arguing that the civil proceeding should take a back seat to the ongoing criminal investigation targeting him and River Birch. Concrete Busters of Louisiana and Waste Remediation of Plaquemines filed the civil suit last year in state court, accusing River Birch and co-owners Heebe and Jim Ward of unfair trade practices and antitrust violations.

The plaintiffs amended their suit last month to also allege racketeering violations, including accusations that several former Jefferson Parish officials "accepted bribes" in exchange for supporting a now-defunct garbage deal with the firm.

Heebe and Ward have denied they did anything wrong, and they haven't been charged with a crime.

Heebe earlier this year successfully petitioned to transfer the Concrete Busters suit to federal court. Now he's asked U.S. District Judge Nannette Jolivette Brown to stop the lawsuit altogether until the criminal investigation -- and any prosecutions arising from it -- are concluded. That would stop any discovery in the suit, including likely depositions of Heebe and Ward. Brown has not ruled on the motion.

Heebe's attorney, Billy Gibbens, argued in a motion to stay the case that his client would be affected if he's forced to defend the civil suit while the criminal investigation is ongoing.

"Mr. Heebe faces, without question, 'a real and appreciable risk of self-incrimination,'" Gibbens wrote.

Attorney Randy Smith, who represents the plaintiffs, said he would oppose an indefinite pause in the case of the sort Heebe is requesting. Instead, Smith suggested a six-month stay, or an order that halts only the depositions of Heebe and Ward, but allows plaintiffs to subpoena records and other materials from River Birch and other individuals.

"Why should my clients be deprived of their rights?" Smith asked, referring to a possible indefinite stay in the case. "It would be like (Heebe and Ward) are being rewarded with a stay because they are the targets of a criminal investigation."

Heebe previously succeeded in halting indefinitely two other separate suits that also accused him and River Birch of antitrust and racketeering violations.

The first suit, filed last year by Waste Management of Louisiana, is also in Brown's court. In February she agreed to halt the proceeding because of the criminal investigation of River Birch. Waste Management, which is seeking $50 million in damages, operates the Jefferson Parish landfill, which would have been closed under a deal the parish granted to River Birch. That deal was later nullified. But the agreement, and the circumstances in which it was approved, are being examined as part of the criminal investigation. Waste Management also operated the Chef Menteur landfill, which opened in eastern New Orleans in 2006, and was shuttered soon afterward -- thanks in part to Heebe's machinations, according to the suit.

The second suit that's been placed on hold was filed in February by AMID/Metro Partnership, the entity that ran the Old Gentilly landfill after Hurricane Katrina. River Birch helped fuel opposition to the landfill, according to the suit, though it remains open. U.S. District Judge Eldon Fallon halted that suit in March, also because of the River Birch criminal probe.

All three civil lawsuits against Heebe have borrowed heavily from the criminal investigation, citing allegations mentioned in indictments and in the guilty pleas of some public officials.

The Concrete Busters suit in particular claimed that at least one former Jefferson Parish Council member took bribes from River Birch, though it did not name the politician. The suit also said former Jefferson Parish President Aaron Broussard and former administrator Tim Whitmer "have also repeatedly accepted bribes."

Other than Broussard, prosecutors have not filed charges against any other former or current member of the Parish Council. Both Broussard and Whitmer have pleaded guilty to federal charges, but neither has been accused of taking bribes from River Birch.

Concrete Busters' bid to dispose of "woody waste" in Jefferson Parish was rejected in favor of the broader contract, proposed by Heebe and Ward, to shut down the parish landfill and dispose of all parish garbage in River Birch.

Source: http://www.nola.com/crime/index.ssf/2012/11/fred_heebe_trying_to_halt_thir.html

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