ABC BOARD VOIDS PERMIT THEY NEVER ISSUED

Back on June 12^th, we reported that the ABC refused to provide information about two ABC permit holders that according to statements made by ABC attorney Milton Lueken, were issued permits in violation of ABC regulations.  As of this date the ABC and DFA have refused to respond to any requests regarding Lueken’s statement and these two questionable permits.

This information was “leaked” by Lueken in an administrative hearing regarding Louis A. Sheppard’s application for an ABC permit. Pay particular attention the word application . That word will be important later in this story.

Louis Sheppard made an application for an ABC permit back in October 2011. Sheppard’s application for a permit was conditionally approved by the ABC Board.  It is important to note that the application for his permit was conditionally approved, there was no permit issued. ABC Regulation 1.35 requires that any conditions attached to the granting of a permit be met within 12 months or the application will be cancelled. Sheppard was granted two extensions and he had a final deadline of December 31, 2012 to meet the conditions.

On December 31, 2012, Sheppard notified the ABC Board that he was ready for a final

inspection. The ABC sent Enforcement Agent Seletia Smith (now Powell) to inspect the

premises on January 2, 2013. Smith conducted an inspection on January 2, 2013 and her hand written note clearly states that the building is in compliance with our regulations.

On January 4, 2013 the ABC director at the time, Michael Langley, received a letter from Charles Singleton, a former ABC Director and attorney for an individual that wanted the application slot that Sheppard was awarded. Singleton makes allegations about Sheppard's application and requests that a hearing be held. Singleton did not send a copy of his letter to Sheppard.  Some might consider Singleton's contact with Langley to be improper.

After receiving Singleton's letter, it appears that Smith-Powell changed her findings about Sheppard's location being ready to open.

Was Smith-Powell directed to change her findings or did Smith-Powell not actually make an inspection on January 2, 2013, the day after celebrating New Year's Eve?

On February 8, 2013 the ABC sent a letter to Singleton stating that based on his allegations about Sheppard's application an administrative hearing was being scheduled.  They ABC did not send Sheppard a copy of this letter.

The ABC sent Sheppard a separate letter advising him of the hearing.

In the administrative hearing, Smith-Powell claims she made two visits.

Either Sheppard's place was in compliance or it wasn't.  From the information available it appears that Smith-Powell simply said it was in compliance when it wasn't which questions her credibility and the ABC for keeping her on as an employee. 

The administrative hearing was a three ring circus.  It's clear from reading the transcript  that the ABC Board let Singleton, the former director and an adversary of Sheppard, run the show as the ring master. Singleton brought up a deceased daughter of Sheppard's that had nothing whatsoever to do with the hearing.The Board never said anything about Singleton when he got out of line and Sheppard objected but the pounced on Sheppard every chance they could.

  CLICK TO VIEW ADMIN HEARING TRANSCRIPT

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Note:  The redactions in the transcript were made by us.  The ABC filed un-redacted documents with the circuit court.  The ABC provided Sheppard's date of birth, social security number and other personal information which can be used by identity thieves. The information is available to anyone with Internet access. 

******

The Board voted to revoke Sheppard's permit. That's rather odd, because a permanent was never issued to Sheppard it was his application that was conditionally approved.  Once he met the conditions then a permit would be issued.

Sheppard appealed the ABC Board's decision in circuit court (they ruled in favor with the board) and then with the appeals court.

The appeals court sided with the ABC. However one judge, Robin Wynne took the ABC and their attorney Mary Robin Casteel to task.  Judge Wynne agreed that something was sketchy about the whole hearing and that the ABC Board took back a permit that was never issued.




How embarrassing for the ABC. We recommend that you watch the video of the oral arguments and take a look at Casteel get grilled.

CLICK TO WATCH THE ORAL ARGUMENTS

CLICK TO VIEW APPEALS COURT OPINION

Shame on the ABC and the ABC Board for their actions in dealing with Sheppard.  Shame on the ABC for giving out Sheppard's information so that identity thieves can use his information. 

POLICE REPORTS INDICATE BOYCE HAMLET IS CARELESS WITH WEAPONS

We posted on June 23rd that when Hamlet worked as an investigator for the Faulkner County Prosecuting Attorney, he left a pistol issued to him in a Faulkner County Sheriff's Department patrol car assigned to him, and it was allegedly stolen out of the patrol car sometime in April 2014 while parked at his residence. 

Hang on to your hat, because that is not the first time a weapon was taken from a vehicle parked at Hamlet's residence.

On November 1, 2011, Hamlet reported to the Conway Police Department that a Mossberg 12 gauge shotgun had been taken from his Chevorlet Avalanche. Hamlet did not know when it had been taken but thought it was sometime the previous week.

CLICK TO VIEW NOVEMBER 2011 POLICE REPORT

Only an idiot would leave a gun in a car parked in front of their home, or anywhere else.  

Hamlet 's home has a two car garage...

If he wants to leave weapons in his vehicles why not park them in the garage?
Is Boyce a hoarder and his garage is full of crap and there is no room for his vehicles?

But wait, there's more!

On June 9, 2015 an officer with the Conway Police Department was driving down Hamlet's street at about 8:00 a.m. and noticed a white Honda Accord with the door ajar. Yep, it was at Hamlet's residence!  I guess Hamlet had the day off or he was going in late (we will send a FOIA request for his leave records to see).

CLICK TO VIEW JUNE 9TH POLICE REPORT

After two vehicle break-ins, you would think that Hamlet would have learned a lesson and cleaned out the garage and park his vehicles in there.  Not ol' Boyce. That is a sign of a true simpleton! It also calls into question Hamlet's conduct as a public employee and the effect of his careless actions on public safety.  What will we find out about Boyce next?

HUMP DAY HUMOR

BOYCE HAMLET LOST GUN IN PREVIOUS POSITION

Prior to landing the position as the Administrator of ABC Enforcement, Hamlet was an investigator for the 20th Judicial District Prosecuting Attorney's Office in Conway. 

On April 16, 2014 Hamlet filed a report with the Conway Police Department to report the theft of a Glock .45 caliber pistol from a 2011 Chevrolet Impala (a vehicle owned by the Faulkner County Sheriff's Department) while parked at his residence almost a month before. The pistol was the property of the 20th Judicial District Prosecuting Attorney's Office.

CLICK TO VIEW FULL POLICE REPORT

It is interesting to note that Heath Edens, the Conway Police Office that took Hamlet's information, did not note in the report that he found that the vehicle had visible signs that someone had broken into it.

OFFICER EDENS 

Was the vehicle really broken into?  Was the pistol actually stolen or did Boyce misplace or leave it someplace and forget about it after too many beers?

How he was ever able to get that position after being fired from the Arkansas State Police for cheating on a test and lying to investigators is highly questionable - we'll have more on how he got to be a certified law enforcement officer in Mississippi, in spite of his questionable actions and behavior, and transferred his certification to Arkansas in an upcoming bombshell story.

CELLPHONE RECORDS OF FORMER ABC DEPUTY DIRECTOR RICK CRISMAN SHOW LATE NIGHT DATA USAGE

On May 13, 2015 we made a Freedom of Information request to obtain copies of cellphone records of the former ABC Deputy Director Rick Crisman.  We requested records from the last year of his employment.

Crisman was allowed to resign in April 2015 during an internal investigation by DFA/ABC into criminal and ethical violations regarding his use of information obtained in his official capacity for his own gain or benefit.

ABC has been less that cooperative in responding to the FOIA request and has only released a few months records.  But what they have released indicates a lot of late night and early morning data usage by Crisman.

What in the world was Crisman doing at those odd hours? Certainly it was not job related as the ABC has stated that Crisman never had any after hours work.Perhaps he was checking out his mobile application or surfing the web.

Once the ABC has fully complied with the FOIA request and furnished the requested documents we will post an update.

HUMP DAY HUMOR

ABC EMPLOYEE OF THE WEEK – SELETIA POWELL

SELETIA POWELL

Seletia Lea (Smith) Powell is 30 years old and is an Enforcement Agent at ABC. Before coming to the ABC, Seletia was a police office in El Dorado.

Seletia lives in Magnolia and went to high school there (Class of 2003).

Seletia obtained a bachelor of science in criminal justice at Southern Arkansas University (Class of 2010). 

SELETIA AND HER DAD LESTER SMITH

That means Seletia is a Mulerider. Yee –haw!

Seletia was married in June 2014. 

And had a baby girl three months later.

Did you notice how much Seletia’s husband resembles Dwight from the TV show The Office?

Seletia was a Smith before she became a Powell.  Seletia’s mom divorced and remarried when Seletia was a young child and she married a guy named Powell. While we can’t be sure that Seletia married her step-brother the whole last name thing is too much of a coincidence, but this is Arkansas after all.

Seletia’s mom ran a failed campaign to be the Columbia County Circuit Clerk last year, but now she has time to help with the grand baby so Seletia can enforce those liquor laws.

CLICK FOR THE CAMPAIGN FB PAGE

Seletia has some hobbies.  One is boating…

Another is eating crawfish...

Here are some things you might not know about Seletia.

Seletia wants to live in a castle…

Seletia has a thing for police officers …

and hot sexy men...

Seletia like to use fancy fonts in her work emails…

Seletia likes to take selfies...

CLICK FOR SELETIA’S FACEBOOK PAGE

ABC ATTORNEY REFUSES TO PROVIDE DOCUMENTS

In an administrative hearing held before the Arkansas Alcoholic Beverage Control Board on February 20, 2013 regarding an application made by Louis A. Sheppard, ABC attorney Milton Lueken stated that he had knowledge of two permit holders that maintained two residences in separate locals, one even being in another state. The hearing was about the Sheppard claiming duel residency.

Charles Singleton, a former ABC director who represented a complainant  stated that those permits needed to be ”looked at”. Singleton knew that Arkansas laws did not allow duel residency, the permit holder has to reside where the permit is issued. Milton would be expected to know that too.

A reasonable person would consider Singleton's utterance that the permit holders referenced by Lueken needed to be "looked at" as a complaint.

CLICK TO VIEW EXCERPT FROM HEARING TRANSCRIPT

On June 9, 2015 we sent a Freedom of Information request to the ABC for the following:

1. The files of the two ABC permit holders referenced by ABC attorney Milton Lueken in statements made before the ABC Board on February 20, 2013 that held permits in locations in which they were not full time residents.

2. The outcome of any investigation or hearing regarding the two ABC permit holders Lueken referred to in the February 20, 2013 hearing.

3. If no investigation was initiated or forthcoming what was the reasoning that no investigation was made. 

    CLICK TO VIEW FOIA REQUEST

     On June 12, 2015, Milton Lueken sent a response to the June 9th FOIA request.

   Lueken said that the FOIA request "lacked sufficient specificity to enable the ABC to locate the record you suggested might exist".

     

     CLICK TO VIEW ABC RESPONSE

     Either Lueken has an extremely poor memory (there is a  history of substance abuse in his family) or he is hot and bothered about the recent post on this blog about him and is being passive aggressive.  If the records are non-existent then did Lueken lie about the ABC permit holders he said had dual residency? Does Lueken have knowledge of violations of Arkansas law and allow the violators to get way with their illegal actions? This may not end well for DFA/ABC and for Lueken.

    Lueken may not be aware of what happened to Little Rock Metropolitan Housing Alliance Executive Director Rodney Forte when he tried to pull a similar stunt with the Arkansas Democrat-Gazette with a FOIA request they made last year. 

    CLICK TO READ ABOUT FORTE

   Maybe it's time for Lueken to resign like Rick Crisman did (hint - leave before they fire you Milt).

HUMP DAY HUMOR

ABC EMPLOYEE OF THE WEEK – MILTON LUEKEN

MILTON LUEKEN

Milton Raymond Lueken is 71 years old (DOB: 3/6/44) and has been an attorney for various state agencies in Arkansas since he passed the bar on August 18, 1969 (Attorney General’s Office [1969-73]; Office of Child Support Enforcement [1973-92] and Alcoholic Beverage Control [1992-present].

Lueken is a Little Rock native and attended Catholic High School (Class of 1962) and then the University of Arkansas at Fayetteville (Class of 1966) and obtained a juris doctor from the University of Arkansas School of Law (Class of 1969).

One of the cases Lueken was assigned to in his brief time at the AG’s office was the one that dealt with conditions at Arkansas Prisons that was the basis for the movie Brubaker.

Lueken has been employed as a staff attorney by the ABC for over 20 years.  Lueken is a plain speaker who is not afraid to say exactly what is on his mind. Last year he stated that claims made about purposed changes in legislation concerning the sale of alcoholic beverages by Arkansas citizens were “bullshit”.

Lueken likes to spout off information about Arkansas liquor laws to the press...

Lueken's mother. Louise Lueken, was somewhat of a local celebrity. She was the longtime spokesman for Coleman Dairy and was featured in their advertisements.

Lueken's life has had its ups and downs. One of his son's, Geoffrey,  was arrested in 2003 for manufacturing methamphetamine, possession of drug paraphernalia with the intent to manufacture methamphetamine, possession of drug paraphernalia, and maintaining a drug premises.  Geoffrey was sentenced to 120 months' imprisonment in the Arkansas Department of Correction. Geoffrey appealed his conviction in 2004 to no avail.

CLICK FOR DETAILS ABOUT SON'S CASE

This son's arrest led to problems with Milton's old employer, the office of Child Support Enforcement (remember Milton worked there for about 20 years). 

The son got behind in support payments due to his incarceration and was able to catch up in 2006.  But then he got behind again in 2010 to the tune of $11,000.00.  Arkansas Code § 5-26-401 provides criminal penalties for amount of that size.

CLICK TO VIEW 2010 CODE

Was this son given special consideration due to his father's association with the OCSE and his continued employment with it's sister agency the ABC (both are under the Department of Finance & Administration)?

The son has been able to turn his life around and in 2012 he received a scholarship while attending classes at UALR and is now engaged to be married.

Lueken's wife died back in 2004. But not too long after, Lueken found a new love, Joy Hardage, who's in in the funeral business and shacked up with her in her home.

By living with his girlfriend, Lueken was able to rent out the old marital home and with rental income contribute to political campaigns of Democratic candidates. Maybe that was how he avoided being fired for the "bullshit" remark."

Unfortunately it appears that addiction runs in Lueken's family as his grandson (who is Geoffrery's son) and namesake ran afoul of the law whilst attending college at the University of Central Arkansas in Conway in 2013 and  2014.

JOHN MILTON LUEKEN

The grandson was charged (CWC-13-6395 State v John Milton Lueken) with Careless and Prohibited Driving in November 15, 2013.  On December 2, 2013, he pleaded guilty was fined and was placed on unsupervised probation for six months. 

Young Milton was also arrested on November 16, 2013 (yep, the day after the careless driving incident above) and was charged (CWC-14-2751 State v John Milton Lueken) with (1) Underage Driving under the Influence (DUI); (2) Battery 3rd Degree; (3) Possession of Drug Paraphernalia; and (4) Possession of a Controlled Substance Schedule VI. For some reason the warrant for his arrest in this matter was not issued until July 21, 2014 and it was not served until October 1, 2014. In February 2015 the hearing for this case was continued. The hearing was rescheduled and then continued again until August 4, 2015.

CLICK TO VIEW ORDER TO CONTINUE

Did grandpa Milton exert any influence on the court or the Conway city attorney to get the second arrest pushed under the rug and delayed until the next year to lessen the impact of the judicial system on his namesake from the November 15th incident?

But that is not the end of young Milton's troubles. On September 14, 2014 he was again arrested and charged with Possession of a Controlled Substance Schedule I,II Excluding Meth Cocaine (23CR-14-874 State v John Milton Lueken). He was arrested for this on October 1, 2014 (yep, same time as for the other case). After some legal wrangling a very strange thing happened... the court entered an order of diversion.  Basically, the court at the urging of the prosecuting attorney wiped the case out if young Milton can stay out of trouble until December 28, 2015.

CLICK TO VIEW ORDER OF DIVERSION

Did grandpa Milton call in favors for young Milton?  Or did a new associate at work, Boyce Hamlet, use some influence with his old boss, Cody Hiland?  If you recall an earlier post about Boyce, just before he landed the job at ABC he worked for Hiland. 

It is way past time for Gov. Hutchinson and DFA Director Larry Walther to clean house at the ABC. How much longer are the citizens of Arkansas going to tolerate the governor appointing these unqualified, sketchy characters to a position in state government?