Mark Titus, others, likely targets of new charges in River Birch probe ...

Titus attorney, Jimmy Ardoin, said prosecutors have given him notice of their plans to file a new indictment soon

Aiming to stay on the offensive in the River Birch probe, federal prosecutors are preparing a new indictment to pile on additional charges - and perhaps add new defendants - as early as Thursday, according to court testimony and sources close to the probe.

Mark Titus, who was sentenced Wednesday to five years in prison on a conspiracy charge, is likely to be charged in the superseding indictment, said his attorney, Jimmy Ardoin. In court, Ardoin revealed that prosecutors have given him notice of their plans to file a new indictment soon.

Ardoin said he didn't know who would be hit with new charges or what new allegations prosecutors might make. But he said he expects a new indictment to focus on transactions Titus made after he signed a plea deal with the government last year. Prosecutors last week alleged that Titus, his wife, his son and his mother-in-law were part of a "scheme" to shield the family's assets from government seizure.

"I've been given the heads up, but not the details," Ardoin said of the pending indictment.

Prosecutors would not comment Wednesday. But during a hearing that preceded Titus' sentencing, they confirmed that a grand jury recently issued a subpoena to Titus' wife, Valerie Titus, asking for records related to properties in her name.

The government last week said Valerie Titus sold two New Orleans properties that were held in community property with her husband. According to records cited by prosecutors, Valerie Titus sold the properties to her mother for nominal amounts that were well below the structures' market value.

But a source close to the probe said Valerie Titus isn't expected to figure in the new indictment. It's unclear, however, whether other members of Titus' family that were allegedly parties to the transactions could become targets of the investigation.

Sources said the government also appears to be considering charges that could expand the scheme involving Titus, which resulted in more than $1 million being embezzled from Garner Services, a construction firm Titus co-owns. Titus alleged that his brother-in-law, River Birch landfill executive Dominick Fazzio, was part of the scheme, and Titus even wore a wire to help prosecutors build a case against Fazzio. Both Dominick Fazzio and his wife, Rebecca Fazzio, were present at Titus' hearing Wednesday.

Fazzio has maintained he did nothing wrong and is set to go to trial later this month. But sources said prosecutors appear to be considering additional charges against Fazzio, especially as Titus is not expected to cooperate any further with the investigation. Prosecutors are trying to turn Fazzio against River Birch's owners, Fred Heebe and Jim Ward, who are the main targets of the investigation.

Fazzio's attorney, Arthur "Buddy" Lemann, declined to comment after Titus' sentencing Wednesday. Ardoin, Titus' attorney, said prosecutors have not asked his client to cooperate anymore.

Asked if his client would cooperate the government sought his testimony, Ardoin said, "I don't think so."

Source: http://www.nola.com/crime/index.ssf/2012/10/mark_titus_others_likely_targe.html

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