Union Calendar No. 951
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Union Calendar No. 951 95TH CONGRESS HOUSE OF REPRESENTATIVES I REPORT 2d Session No. 95-1817 KOREAN INFLUENCE INVESTIGATION REPORT BY THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT (Pursuant to H. Res. 952) WITH ADDITIONAL VIEWS DECEMBER 22, 1978.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE * 36-699 0 WASHINGTON : 1978 COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT JOHN J. FLYNT, JR., Georgia, Chairman OLIN E. TEAGUE, Texas FLOYD D. SPENCE, South Carolina CHARLES E. BENNETT, Florida JAMES H. QUILLEN, Tennessee LEE H. HAMILTON, Indiana ALBERT H. QUIET, Minnesota RICHARDSON PREYER, North Carolina THAD COCHRAN, Mississippi WALTER FLOWERS, Alabama MILLICENT FENWICK, New Jersey BRUCE F. CAPUTO, New York JOHN M. SWANNER, Staff Director JOHN W. NIELDS, JR., Chief Counsel JEFFREY HARRIS, Deputy Chief Counsel ROBERT A. BERMINGHAM, Investigator CONTENTS F o re w o r d ------------ -- - - ----------- - - - - - - - - - - - - - - - - - - - - - - - - -- - I. Introduction ----------------------------------------- A. The investigation -- B. Adequacy of existing law: Recommendations ----------- C. Disciplinary recommendations------------- II. Tongsun Park ------------------------------------------ A. Introduction ---- B. The adoption of the lobbying plan and the relationship of Tongsun Park to the ROK Government ------------ C. The plan in operation: Park's relationships with and efforts to influence Members of Congress -- - 1. Richard T. Hanna ....-- 2. Cornelius E. Gallagher-- 3. Otto E. Passman and Edwin W. Edwards --- 4. William E. Minshall .---- 5. Sitting Members as to whom the committee insti- tuted disciplinary proceedings---------- 6. Sitting Members who were investigated as to whom the committee did not institute disciplinary pro- ceedings------------------------- 7. Other form er M embers -------------------------- III. Hancho C. Kim -.... A. Introduction - B. The plan --- 1. Kim Sang Keun's evidence - - 2. Evidence corroborating Kim Sang Keun's testimony- C. The implementation of the plan . - ---- 1. Hancho Kim's testimony and contempt -- 2. The Korea Exchange Bank_ 3. Investigation of the advance guard -_-- IV. Payments to Members of Congress and their families by officials of the ROK Government -- - --- A. Publicized information - B. Nonpublicized information - C. Investigative efforts--------- 1. Investigation of Members' finances and contacts with ROK officials_-_ 2. Efforts to obtain testimony from officials of the ROK Government -- D. Conclusions - V. Suzi Park Thomson ---- VI. Trips ---- - -- VII. Findings, conclusions, and recommendations with respect to existing rules of conduct-------------------------- - -- A. Criminal statutes --- B. The constitutional prohibition --- C. House rules ---- D. Evaluation----------- VIII. Disciplinary recommendations -------------- - A. Recommended procedural reforms -- B. Recommended substantive reforms ------.... IX. Additional views _----- X. Appendix - - XI. Exhibits -- ---- -- FOREWORD On December 4, 5, and 6, 1978, a quorum being present, the Com- inittee on Standards of Official Conduct met in executive session to review a draft of this report. On December 5, 1978, the committee tentatively approved this report, as amended, by a vote of 7-0. On December 6, 1978, the committee finally approved the report, as amended, by a vote of 8-0 subject to further review and corrections to be made by the chairman and the ranking minority member of the committee. the report as so reviewed and corrected follows: (V) Union Calendar No. 951 95TH CONGRESS HOUSE OF REPRESENTATIVES I REPORT 2d esion No. 95-1817 KOREAN INFLUENCE INVESTIGATION DECEMBER 22, 1978.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. FIYNT, from the Committee on Standards of Official Conduct, submitted the following REPORT I I. INTRODUCTION On February 9, 1977, citing informationn" alleging "that Members of the House of Representatives have been the object of efforts by . the Government of the Republic of Korea [ROK] to influence the Members' official conduct by conferring things of value on them," the House of Representatives unanimously adopted House Resolution 252.1 House Resolution 252 imposed three obligations on this commit- tee. First, it directed the committee to conduct a "full and complete inquiry 'and investigation" into the allegation set forth above that Members of Congress accepted things of value from the ROK Govern- inent. Second, it directed the committee to make "findings, conclusions and recommendations" with respect to the adequacy of the existing riles of conduct to prevent actual and apparent exertion of improper influence by foreign governments on Members of Congress. Third, it directed the committee to report its recommendations to the House of Representatives regarding disciplinary action to be taken against any Member of the House of Representatives found, as a result of the investigation, to have violated any applicable standard of conduct. Although there was, at the time of the adoption of House Resolution 252, already an ongoing investigation by the Department of Justice into the allegations of influence buying by the ROK, the reasons for its adoption are manifest. Certain Members of the House of Represent- atives were the objects of the allegations and the integrity of the House of Representatives had been publicly questioned. This committee viewed House Resolution 252 as an attempt by the House of Represent- atives to establish that it has the will to conduct a thorough and un- inhibited investigation of itself and to judge and discipline its Mem- bers where warranted. Thus, in addition to conducting the Korean influence investiga- tion and fulfilling the tasks assigned to it under House Resolution 252, the committee believed that it had a second responsibility, namely, to establish that the House is serious about the very unpleasant but ex- tremely important job of self-investigation and self-discipline. The results of the committee's efforts are set forth in this report. A. THE INVESTIGATION In parts 11 through VI of this report, the committee sets forth the results of its investigative task. structure In order to insure that its own investigation would be thorough and impartial in both appearance and fact, the committee adopted, on February 8, 1977, a resolution-contingent -on the adoption by the House of House Resolution 252-under which the investigation would be conducted by 'an outside independent special counsel and a special 1 H. Res. 252 is set forth in Its entirety as exhibit 1 of this report. staff picked by the special counsel himself.2 The committee retained as special counsel, Philip Lacovara, of the firm Hughes, Hubbard & Reed. Mr. Lacovara previously had acted as counsel to the Special Prosecutor during the Watergate investigation and had been tenta- tively employed by the chairman a.id ranking minority member in the fall of 1976. Mr. Lacovara recruited a special staff of attorneys, investigators, and support staff to carry out the Korean influence inquiiT investi- gation. He was given total independence in his selection of staff. To super- vise the work of this staff, Lacovara appointed John W. Nields, Jr., senior law clerk to Supreme Court Justice Byron White and former Chief of the Civil Division of the Office of the U.S. Attorney, Southern District of New York. In addition, five other attorneys, nine investi- gators, three paralegals and seven secretaries were hired. The attorneys and investigators appointed to the special staff were experienced in law enforcement, financial investigations, and congressional investi- gations. Special staff investigators came largely from federal law enforcement agencies and local units investigating official corruption. On July 15, 1977, Philip Lacovara resigned as special counsel. On July 19, 1977, the committee retained as the new special counsel, for- mer Watergate Special Prosecutor Leon Jaworski. Mr. Jaworski brought with him as Deputy Special Counsel Peter A. White, a mem- ber of the firm of Fulbright and Jaworski. John W. Nields, Jr. re- nained as chief counsel directly in charge of the daily conduct of the investigation. The entire special staff recruited by Lacovara remained with the committee. During this change, the work of the special staff continued without interruption. Methods At the outset of the investigation, the information available to the staff consisted of diffuse and unspecific press reports that the Korean Government had adopted plans to influence Congress through three private citizens of Korean extraction, Tongsun Park, Hancho Kim, and Suzi Park Thomson, and through direct payments from ROK Embassy officials in Washington, D.C. In order to give the investiga- tion more focus, attempts were made at the outset to determine the scope of efforts by the Government of the Republic of Korea to influ- ence Members of Congress. There were two possible sources of infor- mation concerning the scope of such efforts: the ROK Government and the U.S. Congress. The committee had no access to the officials of the ROK Govern- ment at the outset of the investigation, and it was determined that the most fruitful way to gather information about the outlines and scope of any lobbying effort would be to canvass both present and former Members of the House of Representatives. Thus, the committee issued a questionnaire to each person who served as a Member of the House of Representatives since January