Showing posts with label Kott/Weyhrauch Trial. Show all posts
Showing posts with label Kott/Weyhrauch Trial. Show all posts

Tuesday, November 08, 2011

"the moment I said that to them . . .that was it. We owned them" Jack Abramoff

Here's what Jack Abramoff said to Leslie Stahl on 60 Minutes Sunday:
“When we would become friendly with an office and they were important to us, and the chief of staff was a competent person, I would say or my staff would say to him or her at some point, ‘You know, when you’re done working on the Hill, we’d very much like you to consider coming to work for us.’ Now the moment I said that to them or any of our staff said that to ’em, that was it. We owned them. And what does that mean? Every request from our office, every request of our clients, everything that we want, they’re gonna do. And not only that, they’re gonna think of things we can’t think of to do.”
In the Alaska corruption trials, both Pete Kott and Bruce Weyhrauch were offered possible future jobs by Bill Allen.  And both, as the FBI tapes showed, did his bidding on the House floor in Juneau.  Bill Allen even told Pete Kott, "I own your ass."  It seems Alaskans speak the same language they speak in DC.

I would note that Abramoff who made, according to the CBS video, $20,000,000 a year lobbying, and in his own words 'owned' 100 offices, got a four year sentence. 

Tom Anderson's crime, and I'm retelling this from memory you can get the precise charges here, was a vague scheme to have a lobbyist pay $10,000 to an Alaska public policy website which would pay Anderson for work he did on the site. He did get paid, and deposited it directly into his account.   In exchange, Anderson talked to a few people, including a commissioner and a community meeting, about the need for building facilities for kids in Alaska so they didn't get sent out of state.  He did this without revealing his relationship to the lobbyist.  Nor did he report the $10,000 to APOC. But he didn't write or change any legislation.  He got sentenced to five years compared to Abramoff's four years.  

Every politician I've ever talked to thinks he's being ethical.  And many if not most are. But even if they aren't they think they are. Here's Abramoff's take:
"Most Congressmen don't feel they're being bought.  Most Congressmen, in their own minds, can justify the system. . . by the way, we wanted, as lobbyists, for them to think that way."
You can watch the 14 minute segment here.

Abramoff's suggestion for fighting DC corruption is to ban anyone who works for Congress to ever become a lobbyist.  We might consider that here in Alaska.  Except guess who makes the laws?  Lobbyists, staffers, and legislators.  

He also talks about getting language put into bills that's absolutely precise but no one would every know what it was for.  Seems like that's precisely what Don Young did to fund that highway in Florida that the people in Florida didn't even want.

I found this video through Cliff Groh's Alaska Political Corruption blog.

Friday, July 30, 2010

Weyhrauch Hearing Vacates September Trial Date

U.S. District Court for the District of Alaska
Court Calendar for Friday, July 30, 2010
8:00 AM 3:07-cr-00056-02-JWS Judge Sedwick ANCHORAGE COURTROOM 3
USA vs. BRUCE WEYHRAUCH*
(Karen Loeffler) (Douglas Pope)
(Kevin Feldis) (Ray R. Brown)
(James M. Trusty)
(Kevin R. Gingras)
(M. Kendall Day
(Marc Elliot Levin)



(Peter M. Koski)
STATUS CONFERENCE

8:02 am 

Opened.

Judge Sedwick:  Has SC mandate been issued?  When due?  What do you think 9th circuit to rule?

Kendall Day (Prosecutor):  [Began explaining the issues and was interrupted by Judge
Sedwick, "I just asked if you knew when, not the issues.  And Day said he didn't know.]

Douglas Pope (Weyhrauch's attorney):  A couple of months, minimum.  Who knows but 2 months minimum and then there could be a petition for rehearing.

Sedwick:  I think minimum of 6 weeks, plus. . .  I don't know that we can meet in September.  Not worth meeting until 9th Circuit rules.


Day:  The court will be  able to proceed more expeditiously if some of the ancillary issues are resolved before.

Sedwick:  I'm sure you can work things out beforehand.  My order for this morning is Sept. 13th date is vacated and will set a date as soon as possible.



The courtroom was pretty much empty.  There were three other media folks, Rick Smith's attorney (or so I was told but I didn't recognize him), and then a man and a woman who turned out to be FBI agents who sat with the Prosecutor.  I was trying to match the names on the court list - I knew Karen Loefler wasn't there - with the people at the Prosecutor's table and couldn't.  So after I went up to the man and woman who'd been sitting with the prosecutor and introduced myself as a blogger and asked who they each were.  The man responded with mild derision in his voice, "I'm not telling a blogger who I am.  Ask the attorney."

I introduced myself to the attorney who identified himself, very politely, as Kendall Day and the other two as FBI agents.  I normally wouldn't put this sort of trivia down. On the surface, it wasn't a big deal, but it seems to me that FBI agents should treat people politely, as individuals not as members of a class, until they have justification to act otherwise.

Maybe we should create a new term here:  media profiling. 

Wednesday, September 05, 2007

Kott and Weyhrauch Cases Severed

The judge came back into court at 10:30am after reading the cases and decided that the Government could appeal his ruling to the 9th Circuit and that this would require the cases be severed. The Kott case jury selection begins next.

Kott-Weyhrauch Pre-Trial 4 - Sparring over Technical Matters

The government's attorneys have said they now want to split the two cases so they can appeal the judge's ruling not to include the claim that Kott and Weyhrauch were required by state law to disclose that they were negotiating with VECO for jobs.

Weyhrauch had tried to sever the cases before and the government opposed it. Now the government wants them severed so they can appeal the ruling in Weyhrauch's case, but not Kott's. They have lots of other things on Kott.

Weyhrauch's attorney, Doug Pope, argued that a case in the 9th circuit allowed the judge to dismiss charges if he found the Government was using the appeal as a delaying tactic. So things are in recess as the judge reads the related cases.

On another note, I mentioned that John McKay is the attorney for KTUU and the Daily News who are 'interested parties' in the case. One thing he's gotten for them is that journalists can now bring the cell phones past the security.

More later.

Tuesday, September 04, 2007

Kott/Weyhrauch Pre-Trial 3 - The Charges

[Note: I'm not an attorney. If I get something wrong here and you are an attorney or otherwise know this stuff, please leave a comment to correct it. I'll try to qualify everything as I write. This is all "as I understand it" and as best as I can read my notes.]

From the Case Summary in the Court Computer System (available free in the Clerk's Office 2nd Floor of the Anchorage Federal Building and from the May 3, 2007 indictment)
Count 1: 18:371 Conspiring to commit extortion under color of official right, bribery, and honest services mail and wire fraud. (As I understand this from the Anderson trial, 'color of official right' relates to the defendants having been public officials and thus were doing things in that capacity.)

Count 2: 18:1951(a) and 2 Interference with commerce by extortion induced under color of official right.

[The Summary skips from Count 2 to Count 4. The May 5 Indictment has "(Kott)" written at the end of Count 2 and adds Count 3. Count 3 is the same as Count 2 except a) it has 'Attempted" at the beginning and "(Weyhrauch).

Count 4: 18:666(a)(1)(B) [Some might think Devil worshipers wrote this part of the code] Bribery concerning programs receiving Federal Funds. (I think this refers to grants and other government programs receiving a minimum amount of federal funding. I think in the Anderson trial it was $10,000 - and that was why they kept asking witnesses how much federal funding their agencies received.)

[In the May 5 indictment Count 4 ends with "(Kott)" and Count 5 is identical except "(Weyhrauch)" is at the end.]]

Count 6:18:1343, 1346 an 2. Honest Services Wire Fraud.
Again - Count 6 is for "(Kott)" and Count 7 is for "(Weyhrauch)" in the indictment.


The Indictment Basically covers:

Introductory/Summary Material (P.1-2)

  • NAMES OF ALL THE ATTORNEYS
  • LIST OF DEFENDANTS AND BRIEF SUMMARY OF CHARGES
INDICTMENT (P. 2)

COUNT ONE (P. 2-21)

  • General Allegations (pp. 3-4 lists key players/entities in case)
    • Peter Kott
    • Kott's Hardwood Flooring
    • Bruce Weyhrauch
    • Company A [clearly VECO]
    • Alaska State Legislature (of which Kott and Weyhrauch were members and which had business with Company A)
    • Company [A] CEO [Bill Allen]
    • Company [A] Vice President [Rick Smith]
    • State Senator A [Confirmed this week by Judge Sedwick as Ben Stevens]
    • Political Polling company with offices in Anchorage [Some blogs and Wikipedia I assume this is as Dittman Research but I couldn't find a more solid source for this.]
    • Suite 604 of a Juneau Hotel [The Baranof] rented by Company A CEO and VP and others.

  • Alaska's Intra-State Natural Gas Pipeline (pp. 4-5)
[Discusses the legislative battle over the pipeline and Company A's interest in this.]
  • The Conspiracy (pp. 6-7)
    • (A) Kott and Weyhrauch "unlawfully obtain[ed] ... money and other property... in agreement for the performance of official acts, in violation of Title 18..."
    • (B) 'corruptly solicit ..anything of value ...for KOTT and WEYHRAUCH ... while an agent for the State...an entity that received more than $10,000 in federal funding [the minimum necessary amount under the charge] ...with the intent . . . would each be influence and rewarded ..."
    • (C) "to devise...a scheme...to defraud...the State of its intangible right to honest services and for the purpose of executing the scheme . . . to ...transmit . . . writing and sounds . . .in communications in interstate commerce by means of wire...in the US mails in violation of Title 18..."
  • Objects of the Conspiracy (pp. 7-8)
    • To provide Kott with money and future employment when he left the legislature for legislative favors
    • To provide Weyhrauch with money for legislative favors
    • For both to use the US mails to carry this out
  • Manner and Means of the Conspiracy (pp8-9)
    • Both (1) 'voting in favor of versions of the PPT [Petroleum Production Tax] bill supported by Company CEO...VP, Company A, and the oil producers
    • Both (2) "lobbying other elected public officials to support versions of the PPT bill that [Company A and friends] favored; and"
    • Both (3) "offering to assist and help [Company A and friends] by providing official support for the natural gas pipeline legislation and the PPT bill."
    • For Kott, additionally, that he got some illegal payments through invoices for flooring work through Kott Hardwood Flooring.
    • For Weyhrauch, that he got extra contractual legal work from Company A.
  • Overt Acts (pp. 9-21)
    • [Each paragraph in the indictment is numbered. As you can see there are 13 pages listing overt acts, starting with paragraph #23 - 75, for over 50. They sound like this:]
    • "24. On or about September 26, 2005. . .in discussing the PPT tax issue and the natural gas pipeline legislation KOTT again told COMPANY VP, 'I just want to be the warden in Barbados' to which COMPANY VP replied that he wanted the 'gas pipeline.'"
    • "27. On January 10, 2006, in a telephone call, KOTT assured COMPANY CEO that KOTT would deliver the gas pipeline legislation for COMPANY CEO as follows,
      • KOTT: I'm going to get this fucking gas line done so I can get out of here.
      • COMPANY CEO: Get the gas, get the gas.
      • KOTT: That's my commitment to you, so...
    • "32. On or about March 29, 2006, KOTT met with COMPANY VP and COMPANY CEO in Suite 604 and described how KOTT had attempted to gain everage over another member of the alaska State Legislature by placing a "hold" on a bill that was important to that state legislator, and how KOTT hoped to use that leverage to get support for COMPANY A's preferred version of the PPT tax bill.
    • "72. On or about July 31, 2006, COMPANY CEO and KOTT discussed how to come up with a "foolproof" plan to get KOTT the additional money."

  • COUNT TWO (pp. 21-22)
  • Interference with Commerce by extortion.... [This pretty much just says each knowingly did this]

  • COUNT FOUR (pp. 23)
The rest is pretty much the same. Listing the count and saying they did it. Counts 6 (p.26) and 7 (p. 27) list specific acts each did - Kott confirming his commitment to COMPANY A by phone AND Weyhrauch writing a letter asking for a job.

Again, this is pretty much an overview of the May 3, 2007 indictment) where you can find more details.

Sunday, September 02, 2007

Kott/Wehrauch Pre-Trial 2 The Other Attorneys

Finding information on the attorneys for the Government is more difficult. So I'll serve up what little I can. The Court Documents I looked at Friday listed the following attorneys for the government:

Joseph W. Bottini
James A. Goeke
Edward P. Sullivan

We learn a little more about each from this FBI press release May 4, 2007, when the grand jury indictments were released. Marsh worked with Bottini on the Anderson trial.


This case is being prosecuted by trial attorneys Nicholas A. Marsh and Edward P. Sullivan of the Criminal Division’s Public Integrity Section, headed by Chief William M. Welch, II, and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke from the District of Alaska. The case is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigative Division.



From the United States Attorney Office - District of Alaska webpage. we learn about some past US Attorneys in Alaska:


United States Attorney - Later Years

Other prominent United States Attorneys served this district. Joseph W. Kehoe (1934-1942) gained recognition as a watercolor artist of Alaskan scenes. Warren N. Cuddy (1929-1933) founded the First National Bank of Anchorage, one of Alaska's two largest banking enterprises. Ralph Julian Rivers (1933-1944) was Alaska's first elected Representative in Congress, serving from 1959 to 1966. Theodore Fulton (Ted) Stevens was appointed in Fairbanks from 1954 to 1956 and later elected Senator in 1968. Michael Spaan (1981-1989) served the longest term as a United States Attorney for this district. He also personally tried the longest criminal case in the history of the state which resulted in RICO, fraud, and extortion convictions of two well-known lobbyists and political brokers. Spaan also gained widespread reputation for this vigorous enforcement of laws designed to protect Alaska's rich fishing grounds.



What I hadn't expected to see was an attorney listed for the Anchorage Daily News and KTUU, who were listed as "interested parties." Their attorney is John McKay. An article from April 2007 about him receiving the First Amendment Award from the Alaska Press Club says:

McKay's many legal victories include a unanimous Alaska Supreme Court decision about the people's right to know the details of legal-settlement payments after a public institution such as a school district gets sued.
McKay's fingerprints are all over Alaska's open meetings and open records law and its interpretation, be that testifying at hearings, arguing in court, leading open-government workshops, publishing open-government handbooks, or offering legal advice to a reporter, an elected official or just an average citizen.
He's taught communication law at the University of Alaska Anchorage since 1984. He has helped train Russian journalists. He's defended educators punished for exercising their free speech rights. And on and on.
For more go here.

I was a bit curious about the media being an interested party, when who should walk in? John McKay himself. So I asked him what his role in all this was. He said it was to petition to keep the as much of the trial open to the public as possible and to get access to evidence - such as the audio and video materials the Federal Government uses in the trials - as soon as possible. He said it took a month to get the video from the Anderson trial, for example.

Friday, August 31, 2007

Kott/Weyhrauch Pre Trial 1

I went to the US District Court Clerk's office today to see what their public computers might tell me about the upcoming trials of Pete Kott and Bruce Weyhrauch. For one thing it listed all the attorneys. In this post I'll give a little background I found through Google on the defendants' attorneys.



Bruce Weyhrauch’s attorneys


Ray R. Brown has been a shareholder in the firm since 1994. His legal interests are centered on complex civil litigation and trial practice. He is particularly interested in plaintiff's medical malpractice and litigation that involves the use of scientific or technical expertise. Ray graduated cum laude from Gonzaga University School of Law in 1981. He has an undergraduate degree in accounting from the University of Texas at Arlington. He has also attended and completed the Trial Practice Institute of the National Criminal Defense College at Mercer Law School.

Following law school and his admission to the bar, Ray served as a senior felony trial attorney and later as the training director for the Alaska Public Defender Agency. He also served as an Assistant District Attorney with the State of Alaska Department of Law, Criminal Division. Following a successful career in the criminal justice system, Ray decided to pursue a civil practice.

Ray's main areas of civil practice include plaintiff's medical malpractice, employee side labor law, class action litigation and serious injury or death cases.

He has tried to verdict more than 150 cases. He is "AV" rated by Martindale-Hubbell and is listed in the Best Lawyers in America since 2003. He served on the Alaska Bar Association Board of Governors (1995-98), and is a frequent presenter at Trial Advocacy programs both in Alaska and in the lower 48. He is a member of the Alaska Academy of Trial Lawyers, Association of Trial Lawyers of America and the National Association of Criminal Defense Lawyers. He loves traveling, his family and his two dogs. Source



Douglas Pope
Member

Practice Areas: Civil Practice; Personal Injury; Products Liability; Wrongful Discharge; Antitrust; Commercial Torts; Corporate Law; Constitutional Law; Appellate Practice.

Admitted: 1973, Alaska; 1974, U.S. District Court, District of Alaska; 1976, U.S. Court of Appeals, Ninth Circuit; 1978, U.S. Supreme Court

Law School: Willamette University, J.D., 1973

College: University of Alaska, B.S., 1970

Member: Alaska and American Bar Associations; The Association of Trial Lawyers of America; National Association of Criminal Defense Lawyers; Alaska Academy of Trial Lawyers.

Biography: (Also Member, Pope & Katcher)

Reported Cases: Hammond v. Hickel, 588 P.2d 256 (Alaska 1978); Brown v. United States, 665 F.2d 271 (9th Cir. 1982); Johns v. Commercial Fisheries Entry Comm., 699 P.2d 334 (Alaska 1985); Hickel v. Cowper, 874 P.2d 922 (Alaska 1994); Capital Info. Group v. Office of Governor, 923 A.2d 29 (Alaska 1996); Brooks v. Wright, 971 P.2d 1025 (Alaska 1999); Chijide v. Maniilaq Assoc. of Kotz., 972 P.2d 167 (Alaska, 1999); Cable v. Shefchik, 985 P.2d 474 (Alaska, 1999).

Born: Fairbanks, Alaska, June 1, 1945
Source





Pete Kott's Attorneys

Margaret R. Simonian ("Meg") joined Friedman, Rubin & White in 2003. Her prior experience includes a successful career as a criminal defense attorney at the Alaska Public Defender's Office and the Office of Public Advocacy. In this capacity she gained valuable trial skills. Before that, she served as a law clerk for Judge Eric Sanders on the Alaska Superior Court. She is a member of the Criminal Pattern Jury Instructions Committee, the Alaska Trust Board of the Alaska Trial Lawyers Association and the Planning and Zoning Commission.

Meg was born and raised in Alaska. She graduated with honors from the University of Alaska. While an undergraduate, she was a national debate champion and nationally honored as a Truman Scholar. She graduated from Northeastern University School of Law in 1997. She is admitted to practice in Alaska.

Source



James A. Wendt

I couldn't find a bio on Wendt. I couldn't find a law firm website. Just the bare minimum. From martindale.com I got this:

James A. Wendt
Anchorage, Alaska
(Third Judicial District)

Featured BV Peer Review Rated Lawyer Source

He did run in the Humpy’s Half Marathon August 16, 2007 finishing at a pretty respectable pace for his age group. He came in 104th out of 200 finishers listed at 1:56:43, a 8:55 miles/per minute pace. Not bad for 58 years old.


Brown was supposed to teach a seminar for the Alaska Bar Association on September 14, but he's been replaced - presumably because he expects this trial not to be finished. We was going to teach "Look Good" Cross-Examination with Terry MacCarthy which covers:

  • The 3 Types of Cross
  • How to Tell Your Story Persuasively through Cross to the Jury
  • How to Structure Your Cross with Transitions and Looping
  • How to Control Your Witness Without Appearing Overbearing
  • How to Elicit and Reinforce Helpful Information from Your Witness
  • How to Use Short Statements Effectively
  • How to Respond to Objections
Maybe we can watch for these in the courtroom.