Published: December 8, 2002 Edition: METRO Section: NEWS Page#: 1B

Federal ofcials could take months to charge Mark Andrew in connection with the free plumbing case, if they do anything at all.
By Rochelle Olson, Staff Writer
Former Hennepin County Board Chairman Mark Andrew recently was put in an unenviable spot when a former labor ofcial claimed to have used union money to underwrite plumbing work at Andrew's house. Andrew's attorney maintains that his client did nothing wrong, but with federal prosecutors refusing to indicate whether or not they will seek indictments, Andrew could be consigned to months or more of waiting for a resolution. Lawyers who have represented people under investigation by the U.S. Justice Department say it's not unheard of for clients to be questioned by the FBI, then face months or years of uncertainty before charges are led, the case is closed or the statute of limitations expires. ``People call me and say to me, `How long do I have to go through this with the sword hanging over me?' '' Minneapolis defense lawyer Joe Friedberg said. ``I always say, `It's much better than the sword dropping.' '' The allegations involving Andrew surfaced about two weeks ago in federal court. That's when Thomas Martin, the former business manager for the Minneapolis Plumbers Union Local 15, pleaded guilty to two felonies, including one in which he claimed to have arranged $3,175 in free plumbing for Andrew. Martin said he also took union money to pay for plumbing at property owned by Minneapolis City Council Member Joe Biernat in an attempt to buy ``goodwill'' and ``exposure'' for Local 15. Prosecutors contended that in exchange for the plumbing work, Biernat supported Martin's appointment to the city's Plumber's Examiner Board.

Last month, Biernat was convicted of ve felonies connected to the free plumbing and resigned from his council seat. He was found not guilty of charges that he extorted money as a public ofcial and that he conspired with a union ofcial. The plumbers board was abolished last summer.

Andrew mum Andrew, a 52-year-old public relations executive, isn't talking, but his attorney, Mike Colich, said Andrew paid for plumbing work at his home in 1998 with a personal check. The U.S. attorney's ofce, however, has told Andrew that plumbers performed more work than Andrew had requested or paid for, Colich said. Biernat, by contrast, signed a written statement to investigators in which he acknowledged that he never received a bill and never wrote a check for the plumbing work. Whether Andrew will face similar charges to those lodged against Biernat remains the open question. Federal prosecutors could take months or longer to make a decision - or one may have been made - but they aren't talking. All of the lawyers interviewed for this story emphasized that they have no actual knowledge of what prosecutors are doing, but they described a variety of possible outcomes. In one scenario, prosecutors may never charge Andrew. Federal defense lawyer Marc Kurzman notes that prosecutors have complete discretion; even if they believe a crime was committed they could choose not to press charges. The fact that Andrew - unlike Biernat at the time of his indictment last spring - no longer has sway over public money could make him a less desirable target for prosecution. ``They're not going to be as excited about a former ofceholder as they are about a sitting ofceholder,'' Kurzman said. Also, prosecutors could be trying to build a case or Andrew could be working with investigators to identify other targets. ``It's possible they may be talking with the target, trying to gather more information so the indictment can be as broad as possible,'' Kurzman said.

Martin's testimony alone might not be enough evidence for a conviction, in part because plea bargains tend to be suspect, Kurzman said. ``It is very common for people when facing prison to claim to have knowledge of other people's activities,'' Kurzman said. If prosecutors do charge Andrew, the case probably would be tougher to prove than Biernat's. Even with two signed statements from Biernat admitting that he had accepted the free plumbing, prosecutors were unable to convict him on the two larger charges of public corruption. ``If Mark Andrew's attorney is right, it appears that Andrew might have something Joe Biernat did not: a canceled check for plumbing work,'' former U.S. Attorney David Lillehaug said. ``We don't know what's happening behind the scenes, but that fact alone might make it more difcult for the government to prove illegal conduct.'' Defense attorney Earl Gray said Andrew's defense that he didn't know about additional work is a good one - ``unless more work is an extra toilet.'' But Gray found some signicance in Martin's plea. Although Martin was charged with 13 counts, he pleaded guilty to only two, including the one involving Andrew. ``That would tell me they're going to prosecute him, otherwise why would they have [Martin] plead to it?'' Gray said.

Union role Federal authorities also have refused to discuss whether the union remains under investigation or what might have happened to the rest of the $43,000 allegedly taken from the plumbers local. Subpoenas served on Hennepin County recently sought property records for plumbing permits on two more homes, neither of which involved elected ofcials. One of those homes is owned by an investment adviser who handles Local 15's pension fund. The other property owner is related to a close friend of Martin. Acting on the advice of their international leadership, Local 15 ofcials also declined to discuss the case. The local remains under the trusteeship of the United Association of Journeymen and Apprentices of the Plumbing and Pipetting Industry of the United States and Canada. Although Martin contended that the free plumbing was an effort to boost the local's clout, such action would appear out of character for a union that has not been

particularly active in politics. The union contributed just $1,800 to candidates this year and $13,250 over the past six years, $10,000 of which went to the state AFLCIO and DFL Central Committee. ``In my experience, I don't remember the plumbers doing much at all,'' said longtime City Hall observer and consultant Chuck Neerland. ``Tom Martin was a name I had not heard before.''

Staff writer David Phelps contributed to this report.