That's what gets me. The government is NOT supposed to be lodging court cases that are likely to lose on the merits. It is NOT the role of government to extort people on the taxpayer dime.
3 tiered corruption . 1) the agent that set up the business 2) the DA that did not drop the charges 3) the judge that allowed this case to go forward . An audit needs to happen to find out the amount of money from this scam each tier received , FOLLOW THE MONEY .
I often thought that about the judges and I listen to a lawyer talk about it and he said there's a lot of times. Judges might have a feeling on something but they have to let it go through so the process can play out and they can get all the facts. And while I don't necessarily agree, I see the need for it. But that's where there needs to be a. If that goes to trial then the state is on the hook for the lawyer fees if any laws were broken
stay out of TENNESSEE.. the entire state is nothing but corruption. I live in Tenn. and I have had a problem where someone(an ex) forged my name the police refused to do anything, they said it was a matter for the DA, the DA refused to do anything. they said it was a matter for the commissioner. the commissioner said it was a matter for the police so he wouldn't do anything. I told him the the system was CORRUPT and he was corrupt. he said YEAH we are but you can't do anything about it. I contacted TBI about the matter... a few weeks later i managed to get a FAKE trial and the Judge dismissed the case with NO punishment for the crime. it was an INCOME TAX check that was forged with my signature.... no punishment,, and I never got one penny of the tax return. Tennessee is 100% CORRUPT from the bottom to the TOP. from the local officials all the way up to the governor and beyond.
Probably an elected official, which makes being "fired" all but impossible. Even in a case like this one, an elected official can't be fired for incompetence Malice is another issue, but that is difficult to prove.
No don't fire them. Just force it so they'll never get a pay. Raise a permanent bad review in their file and put not rehiable if they ever leave as well as give them the worst cases possible where it's the most mind-numbing tedious work there is and make sure all around the state their name is known as not a good lawyer and watch as they have to leave the profession
@@roberthudson1959 that's what we need to change then. intentions are imaginary, lets make it inadmissible. if you do bad things, pay for them. thinking happy thoughts while you do them doesn't change what you did.
The state should not have to pay the Bordogna family back for their lawyer fees and court costs, it should the come out of the pockets of the Tenn. Alcohol and Beverage Commission *_AGENTS that ENGAGED in the illegal tactics._*
The prosecutor and agents need to be held personally liable for the costs and fees. The agents acted fraudulently and the prosecutor failed in their due diligence.
This is ridiculous! Any time law enforcement or prosecutors wrongfully charge anyone they should have to pay the legal fees. This goes hand in hand with the field sobriety tests police are using to charge sober drivers with DUI that we’ve been hearing about.
Under the TN Constitution, no fine may exceed $50 without a jury trial. Always ask for your jury trial if you get any ticket over 50 bucks in TN. State v. Dusina is the TN Supreme Court decision that enforces this provision of the State Constitution.
@@AccountInactive The TN Supreme Court's cases make no distinction and neither does the TN Constitution. The Dusina case involved a speeding ticket, considered an infraction and not a crime under TN law.
@unbreakable7633 not an assumption. I live in Tenn. I have been in court many times(nothing criminal on my part). I have delt with many public officials in Tenn. From the DR'S office, to dhs and child support office. TENNESSEE is 100% CORRUPT from the top to the bottom. My ex pull a RO against me(no evidence needed), when we went to court the judge asked her what I did, she could not give any reason. The judge told her in OPEN COURT the he wanted me in his jail. She needs to give him just one reason.... I am almost 60. I have NEVER had a criminal charge on me( other than traffic tickets). 100% CORRUPT. The RO was dismissed due to no evidence of any wrong doing on my part. Tennessee is a corrupt shit hole.
@GeoffryWK So, if the B's paid $40k in legal fees and a fine of $5k, they lost a total of $45k. So even if the fine had been "erased" they lost more than $35k
Thank qualified immunity for prosecutors and judges. The DA should be liable for pursuing the charges despite the facts, but there is no accountability.
The people shouldn't have to pay. Deduct it from the operating budget of the corrupt agencies. No budget to pay agents or officials = no illegal targeting of the innocent.
happens everyday in TENN courts. I have seen a judge ask a guy in court if he had an attorney. the guy said he did not because he could not afford one. the judge told the man he would lose the case simply because he did not have representation.
Did the agent that did it get retrianed or fired? I mean start at the bottom and trace the problem up, put the squeeze at the bottom and they will give up if its being instructed at the top.
For the most part, people follow rules and laws because of the penalties and consequences they'll face if they don't. Without consequences, like having to repay the accused business' legal fees, the same overzealous agency and prosecutors will do this again. And with more success next time because business owners wanting to avoid the legal fees will just go ahead and pay the much cheaper citation. It's a shame.
That was the point. To cost them thousands and to teach them to keep their mouth shut and say thank you sir can I have another. That's the whole point. One had unlimited taxpayers funds to defend themselves and the other didn't.
And ultimately it's the taxpayers will fit the bill if that new law is put into place. I totally agree with the new law the state should pay. I'm also sick and tired of high-ranking officials having shocked looks on their faces and giving platitudes instead of coming back with "I'm going to fix that".
The US court system is so unfair. Because of the cost of an attorney, it is cheaper to plead no contest than to hire one - even as in this case you have done nothing wrong. Every day, people are at the mercy of this injustice - every day, people are stepped on by the law.
All the politicians involved need to lose their jobs. They all say the same thing that they’re shocked and they’re appalled and then they’re flabbergasted. We need to stop paying these people. They’re not leaders their figureheads and they provide no service to the community.
@rogermosberger6856 They got the $5,000 fine back. Just not the legal costs. But....... With interest why not pay them at least 40K! However, including interest in the bill might be a hard sell to legislators.
These criminals that work for the ABC should have to pay out of their own pocket. Taxpayers and insurance companies should not have to pay out for the coming lawsuits. END QUALIFIED IMMUNITY! This will be the start of people being responsible for what they do.
Do not change the law so the state of Tennessee pays. The out-of-control state employees must pay out of their pockets. That is the only way to stop this overreach.
The Governor needs to call the ABC chief onto the carpet and demand a check be cut ASAP. It also should come out of the ABC's budget starting with Mercier's employment.
You basically have to go to law school now to own a business. If you can’t fight on your own, you’re going to pay way more in legal fees than a law degree costs.
They shouldn’t HAVE to rewrite a law, this was injury without fair trial. If they can walk into any small business and do this. Why even bother? Just start the court proceedings and just fine every independent business owner in the state.
Glad you won your case. Word of advice to the winery, move your register to the service counter. Never turn your back on the customer while accessing the register. You could have just as easily turned around to a gun in your face.
I'm sorry I don't live near this business. To the people watching this, if you are within driving distance to this restaurant please patron their service. If the are unable to recoup their loss hopefully this article will help them.
So.... what happens if a family group goes in and buys booze, then when they leave the premises, gives the booze to the teenager? In what functional way was this different to what happened?
Our eldest daughter (Now mid 50s) is a career hospitality career woman. In West Michigan. She said decades ago folks in the hospitality industry should n most do,,FEAR the Liquor Control State Agencies. Next most terrify,,the IRS. You never win against EITHER. This is NOT NEW going back decades n decades .
So basically they are saying that if you purchased alcohol and the store put it in a store provided carry bag. That if a minor that was with the purchaser wanted to carry the bag and the store keeper handed it to them to carry. Then the store is providing alcohol to a miner. Now that’s a stretch in anyone’s imagination.
This type of sting is ALWAYS done in such a way as to be able to ticket you. Not just simply to see if you’re careless and intentionally breaking the law.
He said the state being held accountable? Ask him about the lawlessness in memphis.That is a power move by those who want land and real-estate along the river.Those heavy hitters don't care who gets killed, as long as they get what they want.Some people know what I am talking about.
Think there needs to be a lawsuit. Clearly the prosecutor did not follow the law or even the letter of the law. The Tennessee bureau of alcohol or whatever the heck it's called, violated its own rules and violated the law. I think we need to do a GoFundMe to get a lawyers to go after the state and then watch as the citizens have to pay for a bunch of guilty civil servants
How often are they sending agents to set up Walmart employees that sale wine? I bet never. This is why almost all small businesses have disappeared. Someone has to already be rich before they start a business to survive Federal, State, County, and City regulations and taxes.
Where is Governor in this? Why not fire the people responsible and then pay the people back. When heads start rolling and people lose their jobs, then others think twice before doing this kind of stuff??
Stop with state courts, take them to Federal court for civil rights violations under color of authority. The civil remedy for this would be worth way more than 40k and teach the state that they can’t do this. Also name the agent and the prosecutor in the civil action as they wouldn’t be allowed to claim qualified immunity as they committed an actual crime which is a automatic loss of that immunity. Any judgement ageist the agent and prosecutor would have to be paid by them and not the state along with punitive damages. Which can’t be taken away even through bankruptcy.
if the state brings a case and loses they need to pay up to all reasonable attorney fees.
All the government fraudsters should be fired so they can never do this again.
It's simply not fair to bankrupt innocent people with false charges.
That's what gets me. The government is NOT supposed to be lodging court cases that are likely to lose on the merits. It is NOT the role of government to extort people on the taxpayer dime.
@@bermchasin No matter what the outcome is, the attorneys always win.
Now arrest the criminals that brought the false charges.
Special Agent Mercier needs to be fired.
pretty sure that somehow you misspelled the word shot
And he needs to be in jail for supplying alcohol to a minor.
And jailed. He caused harm to a family and possibly the local economy if the business has to shut down.
Fired *from a canon*
@@joeyglass6323 with lots of TNT not gun powder
3 tiered corruption . 1) the agent that set up the business 2) the DA that did not drop the charges 3) the judge that allowed this case to go forward . An audit needs to happen to find out the amount of money from this scam each tier received , FOLLOW THE MONEY .
I often thought that about the judges and I listen to a lawyer talk about it and he said there's a lot of times. Judges might have a feeling on something but they have to let it go through so the process can play out and they can get all the facts. And while I don't necessarily agree, I see the need for it. But that's where there needs to be a. If that goes to trial then the state is on the hook for the lawyer fees if any laws were broken
FOUR. and the Attorney for charging $40k that no one seems to want to question nor care about.
Absolutely sick of these corrupt Government agencies
Right there with you man. We must demand accountability from those in government.
stay out of TENNESSEE.. the entire state is nothing but corruption. I live in Tenn. and I have had a problem where someone(an ex) forged my name the police refused to do anything, they said it was a matter for the DA, the DA refused to do anything. they said it was a matter for the commissioner. the commissioner said it was a matter for the police so he wouldn't do anything. I told him the the system was CORRUPT and he was corrupt. he said YEAH we are but you can't do anything about it. I contacted TBI about the matter... a few weeks later i managed to get a FAKE trial and the Judge dismissed the case with NO punishment for the crime. it was an INCOME TAX check that was forged with my signature.... no punishment,, and I never got one penny of the tax return.
Tennessee is 100% CORRUPT from the bottom to the TOP. from the local officials all the way up to the governor and beyond.
Trump's coming, hold on
Never trust government, never
@@RJ1999x hold trump is coming what the hell does that mean.
The prosecutor should be fired immediately
Probably an elected official, which makes being "fired" all but impossible. Even in a case like this one, an elected official can't be fired for incompetence Malice is another issue, but that is difficult to prove.
No don't fire them. Just force it so they'll never get a pay. Raise a permanent bad review in their file and put not rehiable if they ever leave as well as give them the worst cases possible where it's the most mind-numbing tedious work there is and make sure all around the state their name is known as not a good lawyer and watch as they have to leave the profession
How could any prosecutor claim to be impartially performing their job after persisting with one of the most ridiculous charges imaginable?
@@arthurneddysmith Prosecutors don't get elected by NOT charging criminals.
@@roberthudson1959 that's what we need to change then. intentions are imaginary, lets make it inadmissible. if you do bad things, pay for them. thinking happy thoughts while you do them doesn't change what you did.
The agent involved needs to lose their job. They knew exactly what they were doing.
The state should not have to pay the Bordogna family back for their lawyer fees and court costs, it should the come out of the pockets of the Tenn. Alcohol and Beverage Commission *_AGENTS that ENGAGED in the illegal tactics._*
Sue them in FEDERAL courts for civil rights violations!! 1983 usc 242
Special agent Mercer needs to go to Federal Lockup for a minimum of 5 years
The prosecutor and agents need to be held personally liable for the costs and fees. The agents acted fraudulently and the prosecutor failed in their due diligence.
corruption runs deep
🤣🤣🤣🤣🤣🤣
@@user-qr7ee2cp4y as if the blue states don't have worse things going for them... Bet you live happily in a red state. Hmm. Wonder why.
This is ridiculous! Any time law enforcement or prosecutors wrongfully charge anyone they should have to pay the legal fees. This goes hand in hand with the field sobriety tests police are using to charge sober drivers with DUI that we’ve been hearing about.
Under the TN Constitution, no fine may exceed $50 without a jury trial. Always ask for your jury trial if you get any ticket over 50 bucks in TN. State v. Dusina is the TN Supreme Court decision that enforces this provision of the State Constitution.
@@AccountInactive The TN Supreme Court's cases make no distinction and neither does the TN Constitution. The Dusina case involved a speeding ticket, considered an infraction and not a crime under TN law.
obviously you don't live in TENN. the law is,,,'THEY MAKE the LAW, YOU follow the LAW'.
@@redhytech I am a retired TN attorney. Lived in TN all my life. Don't make assumptions.
@unbreakable7633 not an assumption. I live in Tenn. I have been in court many times(nothing criminal on my part). I have delt with many public officials in Tenn. From the DR'S office, to dhs and child support office. TENNESSEE is 100% CORRUPT from the top to the bottom. My ex pull a RO against me(no evidence needed), when we went to court the judge asked her what I did, she could not give any reason. The judge told her in OPEN COURT the he wanted me in his jail. She needs to give him just one reason.... I am almost 60. I have NEVER had a criminal charge on me( other than traffic tickets). 100% CORRUPT. The RO was dismissed due to no evidence of any wrong doing on my part. Tennessee is a corrupt shit hole.
@@redhytech Your assumption was that I don't live in TN. So, yes, you made an assumption. Try thinking. I know, it's hard.
The agent is the one who unlawfully provided alcohol to a minor. The agent is the one who needs to be punished.
How about firing the people responsible? They knew this was wrong. Where is the accountability?
Review 2:11
• the B's spent $40k to win this case
• $5k fee was erased.
The B's have LOST $40k, not $35k. Let's do the math!
@GeoffryWK So, if the B's paid $40k in legal fees and a fine of $5k, they lost a total of $45k. So even if the fine had been "erased" they lost more than $35k
such a shame when even when you win, you lose.
welcome to AMERICA
They should be able to sue the agent personally
Thank qualified immunity for prosecutors and judges. The DA should be liable for pursuing the charges despite the facts, but there is no accountability.
When people are immune from the law they ignore the law - that’s true for everyone from police officers to kings.
The people shouldn't have to pay. Deduct it from the operating budget of the corrupt agencies. No budget to pay agents or officials = no illegal targeting of the innocent.
Not one of these politicians talked about giving the money back. Disgusting.
They need to sue. This judge is out of his gourd.
Now think about all the cases of corruption that never get talked about.
happens everyday in TENN courts. I have seen a judge ask a guy in court if he had an attorney. the guy said he did not because he could not afford one. the judge told the man he would lose the case simply because he did not have representation.
The state should have to pay for their lawyers
Fraud using tax payer $$, Ultimate Hypocrisy
Sue the lawyer for corruption
Did the agent that did it get retrianed or fired? I mean start at the bottom and trace the problem up, put the squeeze at the bottom and they will give up if its being instructed at the top.
They should take legal action to recover their money plus interest, including attorney fees! 😡
Please keep this story going.
The problem with changing the law is that it can't be retroactive.
For the most part, people follow rules and laws because of the penalties and consequences they'll face if they don't. Without consequences, like having to repay the accused business' legal fees, the same overzealous agency and prosecutors will do this again. And with more success next time because business owners wanting to avoid the legal fees will just go ahead and pay the much cheaper citation. It's a shame.
Sounds like MALICIOUS PROSECUTION; they knew it was wrong but prosecuted anyway.
So when is their Lawyers bill of 40k going to get paid yy the state of Tn a note to business Get hidden Cameras
That was the point. To cost them thousands and to teach them to keep their mouth shut and say thank you sir can I have another. That's the whole point. One had unlimited taxpayers funds to defend themselves and the other didn't.
This is why you always Lawyer Up and never cooperate with the government. Never pay them fees and fines until you exhaust all appeals.
Take them to Federal court!
And ultimately it's the taxpayers will fit the bill if that new law is put into place. I totally agree with the new law the state should pay. I'm also sick and tired of high-ranking officials having shocked looks on their faces and giving platitudes instead of coming back with "I'm going to fix that".
government employees looking for easy check marks for their reviews. I have lost faith in my government.
The system is rigged if it costs forty thousand dollars to challenge a five thousand dollar fine.
The US court system is so unfair. Because of the cost of an attorney, it is cheaper to plead no contest than to hire one - even as in this case you have done nothing wrong. Every day, people are at the mercy of this injustice - every day, people are stepped on by the law.
Trying to create a crime to justify their job
Utterly wicked.
When you fear integrity and accountability, you are no longer the good guys.
Againstshellteracism NYC😢
so who did the owner pizz off
Government thugs.
File a federal law suit.
Reform qualified immunity. Government officials should never be protected when they break the law.
I thought about retiring in Tennessee. Not any longer. The city, county and state governments are beyond corrupt.
All the politicians involved need to lose their jobs. They all say the same thing that they’re shocked and they’re appalled and then they’re flabbergasted. We need to stop paying these people. They’re not leaders their figureheads and they provide no service to the community.
Government attacking innocence
About time. Way to go Tennessee. Time for the judicial to man up. Do the right thing.
Write in the bill that the Winery will paid $35,000.
@@mandelstamm $40,000!!
@rogermosberger6856 They got the $5,000 fine back. Just not the legal costs.
But....... With interest why not pay them at least 40K!
However, including interest in the bill might be a hard sell to legislators.
Enforcement isn’t trying to trick someone into breaking a law
After losing ABC needs to pay restitution. Just like any civilian would.
These criminals that work for the ABC should have to pay out of their own pocket. Taxpayers and insurance companies should not have to pay out for the coming lawsuits.
END QUALIFIED IMMUNITY!
This will be the start of people being responsible for what they do.
Do not change the law so the state of Tennessee pays. The out-of-control state employees must pay out of their pockets. That is the only way to stop this overreach.
Does Tennessee not have a governor who is in charge of the Executive branch?
One word... Unbelievable 😡
The Governor needs to call the ABC chief onto the carpet and demand a check be cut ASAP. It also should come out of the ABC's budget starting with Mercier's employment.
Why can't a lawmaker waive immunity?
Criminals getting away with criminal activities. They should all go to prison.
You basically have to go to law school now to own a business. If you can’t fight on your own, you’re going to pay way more in legal fees than a law degree costs.
They shouldn’t HAVE to rewrite a law, this was injury without fair trial. If they can walk into any small business and do this. Why even bother? Just start the court proceedings and just fine every independent business owner in the state.
If you win in a civil case your fees should be covered
Since these ‘agents’ knowingly broke the law, they have lost their qualified immunity. Sue them individually.
They need to sue the prosecutor. This was a malicious and false prosecution.
Don't pay the 35,000, pay the 3 1/2 million dollar lawsuit victory instead.
THE STATE NEEDS TO BE FINED FOR THIS CRAP
The state should pay all plus penalties
Glad you won your case. Word of advice to the winery, move your register to the service counter. Never turn your back on the customer while accessing the register. You could have just as easily turned around to a gun in your face.
I'm sorry I don't live near this business. To the people watching this, if you are within driving distance to this restaurant please patron their service. If the are unable to recoup their loss hopefully this article will help them.
This is y we all should stop paying taxes especially property taxes
How about punishing DA’s for false or knowingly insufficient cases being put forward. Why only tax the tax payers for their misdoings.
No surprise from the state that's been arresting sober drivers for DUI for years.
Well done Fox 17.
Outstanding! 💯 % It was ridiculous.... They better get that $$$ back...
So.... what happens if a family group goes in and buys booze, then when they leave the premises, gives the booze to the teenager? In what functional way was this different to what happened?
Our eldest daughter (Now mid 50s) is a career hospitality career woman. In West Michigan. She said decades ago folks in the hospitality industry should n most do,,FEAR the Liquor Control State Agencies. Next most terrify,,the IRS. You never win against EITHER. This is NOT NEW going back decades n decades .
Make the law retroactive and investigate all those fines handed out for fraud people should be charged for the fraud and fired.
This is sad. It should never be allowed this is the sort of thing that caused rebellion against England
6 days ago . Has that representative of that state done anything.
So basically they are saying that if you purchased alcohol and the store put it in a store provided carry bag. That if a minor that was with the purchaser wanted to carry the bag and the store keeper handed it to them to carry. Then the store is providing alcohol to a miner. Now that’s a stretch in anyone’s imagination.
Prosecutor is getting kick backs.
Tennessee needs a new governor..
This type of sting is ALWAYS done in such a way as to be able to ticket you. Not just simply to see if you’re careless and intentionally breaking the law.
How do you train integrity to the ethically corrupted?
He said the state being held accountable? Ask him about the lawlessness in memphis.That is a power move by those who want land and real-estate along the river.Those heavy hitters don't care who gets killed, as long as they get what they want.Some people know what I am talking about.
Think there needs to be a lawsuit. Clearly the prosecutor did not follow the law or even the letter of the law. The Tennessee bureau of alcohol or whatever the heck it's called, violated its own rules and violated the law. I think we need to do a GoFundMe to get a lawyers to go after the state and then watch as the citizens have to pay for a bunch of guilty civil servants
Take it to a higher court they should be reimbursed without having to pass another law
YOU SHOULD NEVER TALK TO A DEMOCRAT. PURE EVIL!
I'm old enough to remember that we have never had an honest goverment at any level in this country
Why is everyone so keen on only businesses being paid back costs if they win their case? What about individuals ... or do they not matter?
ABC needs to be forced and ordered to pay ALL MONIES THIS FAMILY BUSINESS LOST DUE TO THEIR EXTORTION.
How often are they sending agents to set up Walmart employees that sale wine? I bet never.
This is why almost all small businesses have disappeared. Someone has to already be rich before they start a business to survive Federal, State, County, and City regulations and taxes.
Even by stomping on a citizens rights…they will prove you guilty even if you are not. Then break you financially if you are innocent.
Where is Governor in this? Why not fire the people responsible and then pay the people back. When heads start rolling and people lose their jobs, then others think twice before doing this kind of stuff??
Stop with state courts, take them to Federal court for civil rights violations under color of authority. The civil remedy for this would be worth way more than 40k and teach the state that they can’t do this. Also name the agent and the prosecutor in the civil action as they wouldn’t be allowed to claim qualified immunity as they committed an actual crime which is a automatic loss of that immunity. Any judgement ageist the agent and prosecutor would have to be paid by them and not the state along with punitive damages. Which can’t be taken away even through bankruptcy.