FEDERAL PUBLIC DEFENDER

EASTERN DISTRICT OF LOUISIANA

500 POYDRAS STREET, SUITE 318
HALE BOGGS FEDERAL BUILDING
NEW ORLEANS, LOUISIANA 70130

Claude J. Kelly TOLL FREE 1-(800) 296-4046

Federal Public Defender TELEPHONE (504) 589-7930
Gary V. Schwabe, Jr. FAX (504) 589-2556
First Assistant Defender
Valerie Welz Jusselin
Samuel J. Scillitani
Jerrod Thompson-Hicks
Maura M. Doherty
Celia Rhoads
Samantha Kuhn
Assistant Federal Public Defenders

October 1, 2018

JOINT STATEMENT
FROM THE COUNSEL FOR IRVIN MAYFIELD AND RONALD MARKHAM

The Louisiana Legislative Auditor’s (LLA) mission is to be “one of the Legislature’s most
objective resources,” providing “independent assessment and proactive guidance.” Sadly, the
current report of the LLA on the New Orleans Jazz Orchestra (NOJO) reveals that this purportedly
independent state agency has become nothing more than a biased, coercive tool of federal
prosecutors. The LLA refused to provide Mr. Mayfield and Mr. Markham with evidence for its
allegations, despite providing those materials to federal prosecutors two years ago. In fact, the
LLA refused to comply with a valid subpoena for those materials, claiming that its regular practice
is to comply only with subpoenas sought by law enforcement. This confirms the LLA’s role as
nothing more than an arm of federal law enforcement, rather than an impartial state entity.

The report’s conclusions are misleading and rest on assumptions for which the LLA provides no
factual support. Moreover, in an attempt to paint Mr. Mayfield and Mr. Markham in the worst
possible light, the LLA’s report conveniently obscures the following facts:

(1) Under the leadership of Board Chairman Ron Forman, the NOJO Board of Directors
retained outside counsel to conduct a thorough and independent financial and ethical
review regarding questions about its funding and relationships with various organizations.
This internal review audited monies from NOPLF, YRI, Wisner, NORA Capital Outlay
funds, and examined travel expenses. According to Mr. Forman and the rest of the NOJO
board members at the time, “this review found that no funds allocated to the NOJO by these
organizations were improperly spent on projects or initiatives for which they were not
intended. Likewise, the funds allocated to the NOJO by these organizations were not used
to personally benefit NOJO leaders in the form of salaries, bonuses, commissions or
additional compensation.”
 (2) In the LLA’s report, a current NOJO board member confirmed that NOJO is seeking only
$3,500 in reimbursement of travel expenses from Mr. Mayfield. The report confirms that
Ronald Markham’s travel expenses were reasonable and consistent with all other members
of the jazz orchestra.

(3) Further, the State of Louisiana Division of Administration conducted an internal audit
concluding that $1,110,000.00 in capital outlay funds sent to NOJO were properly paid to
Landis Construction between May 2014 and April 2015.
The LLA report is reckless, unsupported, and contrary to known facts. And its timing is
convenient—released as Mr. Mayfield and Mr. Markham attempt to defend themselves against
federal charges. The citizens of the State of Louisiana expect more professionalism and ethical
behavior from our state government entities. We demand that the Louisiana Legislative Auditor
put down its gun, take off its badge, and return to its original noble purpose of providing
meaningful and transparent services to the people of Louisiana—rather than play junior detective
for the federal government.

Claude J. Kelly Sara A. Johnson

Federal Public Defender Counsel for Ronald Markham
Eastern District of Louisiana
Counsel for Irvin Mayfield