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In the United States Court of Appeals for the District of Columbia Circuit
USCA Case #16-5138 DocumentRECORD #1657109 NO. 16 -Filed:5138 01/24/2017 Page 1 of 59 ORAL ARGUMENT SCHEDULED FOR MARCH 3, 2017 In The United States Court of Appeals For The District of Columbia Circuit CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellee. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BRIEF OF APPELLANT David L. Sobel Adam J. Rappaport LAW OFFICE OF DAVID L. SOBEL CITIZENS FOR RESPONSIBILITY AND 5335 Wisconsin Avenue, N.W., Suite 640 ETHICS IN WASHINGTON Washington, DC 20015 455 Massachusetts Avenue, N.W., Floor 6 (202) 246-6180 Washington, DC 20001 (202) 408-5565 Counsel for Appellant Counsel for Appellant THE LEX GROUPDC ♦ 1825 K Street, N.W. ♦ Suite 103 ♦ Washington, D.C. 20006 (202) 955-0001 ♦ (800) 856-4419 ♦ Fax: (202) 955-0022 ♦ www.thelexgroup.com USCA Case #16-5138 Document #1657109 Filed: 01/24/2017 Page 2 of 59 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rule 28(a)(1), Appellant Citizens for Responsibility and Ethics in Washington hereby certifies as follows: A. Parties and Amici. Plaintiff-appellant is Citizens for Responsibility and Ethics in Washington, a non-profit corporation. Defendant-appellee is the United States Department of Justice. There were no amici curiae in district court. B. Ruling Under Review. The ruling under review is the district court’s March 30, 2016 order, ECF Dkt. No. 37 (and incorporated memorandum opinion, ECF Dkt. No. 36), in Citizens for Responsibility and Ethics in Washington v. -
2006 FOIA References, Data, Summaries, and Real Person Type Contacts Related to the Cherokee Peoples and to the Many U.S
2006 BIA FOIA Log January 1, 2006 - December 31, 2006 FOIA/PA# First Name Last Name Description of Request Dated Completed All documents establishing or interpreting policy or procedural standards and requirements governing a petition for a secretarial 02075 Regina J. Parot election under Part 82 of 25 CFR 2/9/2006 5/16/2006 02152 Exempt Information Exempt Information 10/18/2006 10/20/2006 Copy of letter sent to the Office of Federal Acknowledgment dated 02152o Leon Stockton August 8, 2006 from named individuals 10/18/2006 10/20/2006 Administrative file of what the Secretary of Interior recognized as the 03277 Jerri Mazzetti base roll for the Rincon, San Luiseno Band of Mission Indians 2/22/2006 8/3/2006 The complete administrative file that assisted William D. Bettenberg in 03280 Jerri Mazzetti determining his written response dated 7/5/91 letter 2/22/2006 9/22/2006 Copy of administrative record in proceedings that may have taken place before the IBIA in consideration of tribe's petition for Federal 03985 Gary Johnson acknowledgment 3/20/2006 4/26/2006 All letters, correspondence, minutes, email, etc, between BIA and Cherokee Nation concerning litigation, approval of amendment to 04644 David Thornton, Sr. constitution and/all correspondence regarding the 2003 tribal election 1/9/2006 11/5/2005 Any and all listed documents re Oneida Nation of New York; Certification of Raymond Halbritter's current government over Oneida 05309 Leslie Lo Baugh Nation in New York and other related documents 1/20/2006 3/23/2006 All electronic records, electronic documents, and other documents pertaining to the Juaneno Band of Mission Indians, California, Petitions 06550 Loretta Tuell 84a and 84b 4/24/2006 4/24/2006 Documents regarding the BIA's reconsidered final determinations (RFD) for the Schaghticoke Tribal Nation and the Eastern Pequot Tribal 06557 Gale Courey Toensing Nation 2/14/2006 12/8/2006 06816 Leonard L. -
People Convicted in the Abramoff Lobbying Scandal
LEGACY 1997 2000 2001 2002 2003 March July February April July 24 January Pull and archive Sue Schmidt Pull and archive Jim Van Pull and archive Erika Bolstad Miami Pull and archive David Rosenbaum New Jack Abramoff in an e-mail message Bernie Sprague contacts Tom Washington Post stories on lobbying DeHei WSJ lobbying article on Jack Herald story on SunCruz Casino partner York Times story on Jack Abramoff calls the federal lobbyist for the Rodgers in order to tell Tom what is abuses as involves Oklahoma Abramoff; Adam Kidan and accompanying murder and the amounts he is charging Native Alabama Coushatta Tribe of Texas occurring on the Saginaw Chippewa Cheyenne-Arapaho Indian tribe; allegations; American tribes; (Tom Rodgers) a moron for seeking reservation as involves their lobbyist Meet with David Safavian, future Bush to publicly execute a federal Jack Abramoff and asks for help. Administration GSA Chief of Staff Pull and archive Jim Legget Alexan- legislative strategy: They agree to work together and and OMB Administrator for Federal dria Town Talk article referencing Jack share information; Procurement Policy, at law offices of June Abramoff and efforts by him to stop the Pull and archive Larry Lebowitz Miami McGuiness & Holch in order to discuss Jena Choctaw casino; Ernest Sickey and Tom Rodgers Herald story on SunCruz casinos and November internet gaming strategy. Tom Rodgers meet in Palm Springs California to alleged mob ties; Monica Quigly an attorney for the states to David Safavian that “David Pull and archive Peter Stone discuss Jack Abramoff and what Saginaw Chippewas contacts Tom you need to stay away from Jack the National Journal story on K Street and Jack is doing to the Coushatta Tribe Rodgers and asks for help. -
H:\Cases\Rainmakers\Witnesses
Case 1:06-cr-00001-ESH Document 33 Filed 08/27/2008 Page 16 of 27 level by six levels to a final offense level of 25 due to his substantial assistance in the investigation and prosecution of others. Although Abramoff’s misconduct is an extremely serious matter to his private clients and to the integrity of - and public confidence in - government, his cooperation and that of others following his and Scanlon’s pleas, has exposed significant misconduct by others in and out of public office and revealed to law enforcement officials and the public the manner and means used by government officials to game the system for private advantage in violation of criminal, regulatory, and ethical laws and rules. In making its recommendation for this sentence reduction for Abramoff, the United States asks the Court to consider the following public information. 1. Abramoff’s substantial assistance was especially important in four convictions. Abramoff deserves substantial credit for the following convictions by guilty plea: • Tony Rudy (former deputy chief of staff to a leader in the U.S. House of Representatives). On March 31, 2006, Rudy pled guilty to a multi-object conspiracy with Abramoff and others to commit honest services fraud, violate his one year lobbying ban, and defraud SPI Spirits and the Saginaw Chippewa each of $25,000, which was used to partially fund the August 2002 golf trip to Scotland. Abramoff was debriefed multiple times regarding Rudy. Among other things, he described how $50,000 paid to Rudy’s wife through a non-profit was really money intended to support Rudy without regard to whether his wife performed any real service for the organization for which she purportedly worked. -
M:\Oversight and Investigation\Indian Lobbying\Report\Sections\Bosses' Drafts\ID1.Cover Page.Wpd
“GIMME FIVE”— INVESTIGATION OF TRIBAL LOBBYING MATTERS FINAL REPORT BEFORE THE COMMITTEE ON INDIAN AFFAIRS ONE HUNDRED AND NINTH CONGRESS SECOND SESSION JUNE 22, 2006 PRINTED FOR THE USE OF THE COMMITTEE ON INDIAN AFFAIRS “GIMME FIVE”— INVESTIGATION OF TRIBAL LOBBYING MATTERS CONTENTS Page TABLE OF NAMES ............................................................................................................ vi TABLE OF ENTITIES ........................................................................................................... ix INVESTIGATION HEARINGS ............................................................................................. xii INVESTIGATION STAFF LIST ............................................................................................. xv INTRODUCTION ............................................................................................................... 1 EXECUTIVE SUMMARY AND FINDINGS ............................................................................ 9 Part One - Fact Summary by Tribe I. MISSISSIPPI BAND OF CHOCTAW INDIANS .................................................................. 15 A. Introduction ................................................................................................. 15 B. Background on Tribe ................................................................................... 16 C. Background on Abramoff and the Tribe’s Relationship .............................. 18 D. Substantial Fees and Conduit Organizations .............................................. -
United States District Court for the District of Columbia
Case 1:08-cr-00274-ESH Document 289 Filed 09/20/11 Page 1 of 42 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA ) ) v. ) Criminal No. 08-274 (ESH) ) KEVIN A. RING, ) ) Defendant. ) ) MEMORANDUM OPINION BACKGROUND On September 5, 2008, a federal grand jury indicted Kevin Ring, a lobbyist who worked with Jack Abramoff, for payment of an illegal gratuity (Count II), honest services wire fraud (Counts III, IV, V, VI, VII, and VIII), and conspiracy (Count I). A jury trial that commenced on September 1, 2009 ultimately resulted in a hung jury on all counts.1 A second trial commenced on October 18, 2010. Following a two-week trial and four days of deliberations, the jury returned a verdict of guilty on Counts I, II, III, VII, and VIII and a verdict of not guilty on Counts IV, V, and VI. Before the Court is the matter of calculating the appropriate sentence for defendant under the Sentencing Guidelines. The parties’ respective positions could hardly differ more dramatically. By the government’s calculation, Ring’s total offense level is 37, corresponding to 1 Because seven of the eight counts involved violations of the honest services wire fraud statute, 18 U.S.C. § 1346, the Court continued the retrial pending the Supreme Court’s decision in Skilling v. United States, 130 S. Ct. 2896 (2010), which was handed down on June 24, 2010. Case 1:08-cr-00274-ESH Document 289 Filed 09/20/11 Page 2 of 42 a Guidelines sentence of 210 to 262 months.2 Defendant, however, calculates his offense level as 16,3 resulting in a Guidelines range of 21-27 months—a difference of approximately 17 years. -
Report to Congress on the Activities and Operations Of
REPORT TO CONGRESS ON THE ACTIVITIES AND OPERATIONS OF THE PUBLIC INTEGRITY SECTION FOR 2009 Public Integrity Section Criminal Division United States Department of Justice Submitted Pursuant to Section 603 of the Ethics in Government Act of 1978 INTRODUCTION This Report to Congress is submitted pursuant to the Ethics in Government Act of 1978, which requires the Attorney General to report annually to Congress on the operations and activities of the Justice Department’s Public Integrity Section. The Report describes the activities of the Public Integrity Section during 2009. It also provides statistics on the nationwide federal effort against public corruption during 2009 and over the previous two decades. The Public Integrity Section was created in 1976 in order to consolidate the Department’s oversight responsibilities for the prosecution of criminal abuses of the public trust by government officials into one unit of the Criminal Division. Section attorneys prosecute selected cases involving federal, state, or local officials, and also provide advice and assistance to prosecutors and agents in the field regarding the handling of public corruption cases. In addition, the Section serves as the Justice Department’s center for handling various issues that arise regarding public corruption statutes and cases. An Election Crimes Branch was created within the Section in 1980 to supervise the Department’s nationwide response to election crimes, such as voter fraud and campaign- financing offenses. The Branch reviews all major election crime investigations throughout the country and all proposed criminal charges relating to election crime. During the year, the Section maintained a staff of approximately twenty-nine attorneys, including experts in extortion, bribery, election crimes, and criminal conflicts of interest. -
Government's Sentencing Memorandum
Case 1:06-cr-00001-ESH Document 33 Filed 08/27/2008 Page 1 of 27 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : 06cr001 (ESH) : : : v. : : JACK A. ABRAMOFF, : : Defendant. : Government’s Sentencing Memorandum The United States, by the undersigned attorneys, submits this memorandum in connection with the sentencing of Jack Abramoff. Section I includes additional information about the Public Corruption, Fraud and Tax offenses Abramoff committed. Section II concerns Abramoff’s substantial assistance in this case and our motions to reduce his sentence pursuant to Sentencing Guidelines sections 3E1.1(b) (for timely acceptance of responsibility) and 5K1.1 (for substantial assistance). Section III addresses two issues created by Abramoff’s simultaneous guilty pleas, namely how to sentence Abramoff to concurrent time as well as criminal history points arising from the chance fact that he was sentenced in South Florida prior to being sentenced in this Court. Section IV contains our sentencing recommendation. I. SCOPE OF ABRAMOFF’S CRIMINAL CONDUCT Although the plea agreement and factual basis lay out all the facts relevant to the applicable guidelines ranges,1 the United States provides this additional information so that the 1The parties stipulated that the sentencing guidelines provided a reasonable sentence, which they will recommend be applied in this case. Plea Agreement at ¶ 9. Indeed, the plea agreement provides that, absent a breach of the agreement, neither party will “seek or advocate for or suggest in any way an adjustment or departure from the sentencing guidelines other than Case 1:06-cr-00001-ESH Document 33 Filed 08/27/2008 Page 2 of 27 Court may be better informed about the full scope of Abramoff’s misconduct. -
Banning the Juvenile Death Penalty” Continued on Page 12
THE NCRP QUARTERLY / SUMMER 2005 IN THIS EDITION Banning the Banning the 1 Juvenile Death Penalty Juvenile Success through Funding of Nonprofit Death Advocacy and Coalition Work Penalty Success through OPINION 2 The Duke’s Demise Funding of Philanthropic Maneuvers Nonprofit Don’t Excuse Questionable Advocacy and Defense Contracts Coalition Work By Adam Conner and Betsy Williams National 5 Heritage Last year, America stood alone in the world as the only country that still executed Foundation: minors. Only six other countries had executed minors in the 1990s, and by 2005 all Pushing Tax had either abolished the practice or publicly disavowed the execution of minors. Laws to the Limit It was not until March 1, 2005, that the U.S. Supreme Court ended juvenile execu- tions in America with its 5-4 decision in the Roper v. Simmons case. As Justice Kennedy would write in the majority decision, "In sum, it is fair to say that the United States now The Story of 8 stands alone in a world that has turned its face against the juvenile death penalty.” Saipan The Simmons decision was the culmination of a campaign begun years before that DeLay’s Petri Dish illustrated the power of strategic general operating funding from foundations and effec- and Another Abramoff Gold tive coalition building among nonprofits. Mine General operating grants over the last decade gave nonprofits the autonomy to coor- dinate their efforts and build expertise. From “Banning the Juvenile Death Penalty” continued on page 12. OPINION The Duke’s Demise Philanthropic Maneuvers Don’t Excuse Questionable Defense Contracts Responsive Philanthropy By Rick Cohen The quarterly journal of the National Committee for Responsive Philanthropy 2005, Issue No. -
Extras for the Ukiah Daily Journal
Ukiahi boys Weekend STORM STORIES basketball entertainment What did the Corps do? ..............Page 3 action ...................................Page 1 .............Page 6 INSIDE Mendocino County’s World briefly The Ukiah local newspaper ..........Page 2 Tomorrow: Rain in the afternoon 7 58551 69301 0 THURSDAY Jan, 5, 2006 50 cents tax included DAILY JOURNAL ukiahdailyjournal.com 16 pages, Volume 147 Number 271 email: [email protected] Fund WHAT’S AHEAD IN 2006 drive reaches Elections, housing, city skatepark Editor’s note: This is the first of three stories about what citizens goal! can expect from government in 2006. By SETH FREEDLAND To our readers: The Daily Journal As the storm and floods hit “Prediction is very difficult, and continued through the especially if it’s about the future," weekend, the Daily Journal wisely quoth Neils Bohr. Yet, devoted all its space to the despite an appropriate modicum of crisis. Today we resume more respect for the Nobel laureate, any normal operations with some purveyor of Mendocino County pol- stories we had planned for the itics would be forced to realize New Year weekend and also today’s present is very much preg- our Food Bank Fund Drive nant with its future. With that in list. Even though we have mind, here are some of the largest reached our goal - THANK issues expected to make local gov- YOU ALL - we know there are ernment headlines in 2006. more names out there and we • A weighty election on June 6 will get them in as soon as will see Supervisors David Colfax they are forwarded to us from and Hal Wagenet seeking reelection the UCC. -
The Story of Saipan Delay’S Petri Dish and Another Abramoff Gold Mine
The Story of Saipan DeLay’s Petri Dish and Another Abramoff Gold Mine By Naomi T. Tacuyan NCRP’s ongoing investigations into the char- “Made in the U.S.A.” labels are not supposed itable activities of powerful Beltway figureheads to conjure up images of migrant laborers work- such as Tom DeLay, Bill Frist, and Jack Abramoff ing 90-hour weeks, living in subpar conditions, have never ceased to uncover more and more and making $3.05 an hour. This was exactly the questionable financial dealings. The Senate situation on an island that House Majority Finance Committee investigation on uberlobby- Leader Tom DeLay once laughingly referred to ist Jack Abramoff and his Capital Athletic as his “perfect petri dish of capitalism.” How did Foundation this past spring, the Indian Affairs horrid labor conditions like these—in a U.S. Committee hearing earlier this summer on his protectorate nonetheless—flourish well into the Indian lobbying activities, and an ongoing 1990s, and what did Jack Abramoff have to do House Ethics Committee investigation into with it? House Majority Leader Tom DeLay’s relationship Saipan, the island capital of the U.S. with Abramoff all bring into renewed focus a Commonwealth of the Northern Marianas Justice Department investigation into the sweat- Islands (CNMI) in the western Pacific, and its shops of the Northern Marianas Islands and sweatshops, were indeed the perfect petri dish Abramoff’s role in preserving the substandard in paradise. Under their 1986 charter, the CNMI labor conditions of the garment industry there. mandates its own immigration and labor regula- Covered before in NCRP articles on Abramoff1 tions. -
Delay Indictment Major Step Toward Bringing Down Corrupt Cartel
Click here for Full Issue of EIR Volume 32, Number 39, October 7, 2005 DeLay Indictment Major Step Toward Bringing Down Corrupt Cartel by Anton Chaitkin The control of Congress by the far right, and by the Bush- channels of corporate funding for DeLay, who rose in the Cheney Administration, has been shaken by the Sept. 28 Republican leadership after the 1994 takeover of the House of felony indictment of House Majority leader Tom DeLay Representatives by Republican rightists. Along with lobbying (R-Texas). strategist Grover Norquist, DeLay and Abramoff coerced cor- DeLay’s fall came on the heels of the Aug. 11 arrest and porations and trade associations to cut ties with Democrats, fraud indictment against lobbyist Jack Abramoff, an architect and to seed their lobbying offices with DeLay’s close allies of DeLay’s political machine, and the sensational Sept. 27 and former staff members. Now it seems clear that their power arrest of suspects in the gangland-style murder of the Florida days are numbered. man Abramoff is charged with defrauding. A Texas grand jury charged that DeLay had conspired to The DeLay Cartel hide the illegal funding of Texas legislative candidates by A decades-long partnership of Abramoff, Norquist, and “laundering” corporate contributions through payments to Christian Coalition founder Ralph Reed, lay at the heart of and from the Republican National Committee. The grand jury this Washington power cartel, providing House dictator De- had earlier indicted as co-conspirators John Colyandro, man- Lay, and Dick Cheney, and Karl Rove, with the money of ager of DeLay’s funding agency, Texans for a Republican Enron and other corporate players, and the enforcement mus- Majority, and a second DeLay underling, James Ellis.