FOIA Appeal (Exhibits): CREW: Department of Justice (DOJ): Regarding Tom DeLay Investigation:...

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    EXHIBIT A

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    c "C "bOI"cinzens ror responsl rhtyand ethics in w-ashingtonBy facsimile: 202-514-6117Rena Y. KimChief, FOlA/PA SectionCriminal DivisionU.S, Department of JusticeSuite 1127, Keeney Building950 Pennsylvania Avenue, N,W.Washington, D,C. 20530-0001

    October 19,2010

    Re: Freedom of Information Act RequestDear Ms. Kim:

    Citizens for Responsibility and Ethics in Washington ("CREW") makes this request forrecords, regardless of format, medium, or physical characteristics, and including electronicrecords and information, audiotapes, videotapes and photographs, pursuant to the Freedom ofInformation Act ("FOlA"), 5 U.S.c. 552, et seq., and U.S. Department of Justice COOT')regulations, 28 C.F.R. Part 16.

    Specifically, CREW requests any witness statements, investigation reports, prosecutionmemoranda, and FBI 302 reports related to DOl's investigation of former House Majority LeaderTom Del.ay. This includes, but is not l imited to, DOl's investigation of relationships betweenMr. Del.ay and Christine DeLay, Dani Del.ay, Jack Abramoff, Edwin Buckham, Tony Rudy,Michael Scanlon, Susan Hirshmann, the Alexander Strategy Group, the National Center forPublic Policy Research, eLottery, Inc" the U.S, Family Network, Americans for a RepublicanMajority PAC ("AlUv1PAC"), Texans for a Republican Majority PAC ("TRtvlPAC"), and/or theCommonwealth of the Northern Marianas Islands,

    Mr. Del.ay was one of the subjects ofDOJ's extensive investigation into illegal lobbyingactivities by Mr. Abramoff and others. See R. Jeffrey Smith, Justice Department DropsInvestigation ofDeLav Tics to Abramoff, Wash. Post, August 17,2010 (attached as Exhibit A),Among other things, DOJ investigated allegations Mr. Abramoff, Mr. Buckham, and 1\111'. Rudylaundered money from entities with interests before Congress through non-profit organizations topay for Mr. and Mrs. DeLay's overseas travel. For example, Mr. Abramoff funneled paymentsprovided by eLottery, Inc. and other gambling interests through the National Center for PublicPolicy Research to pay for 1v11'. and Mrs. Del.ay's trip to Scotland, and used the sameorganization to launder money from a Russian oil company to pay for Mr. and Mrs. DeLay's tripto Russia. See, e,g, Phil Shenon, Ex-DeLav Aide Pleads Guilty In Lobbv Case, N. Y. 'limes,April 1,2006 (attached as Exhibit B); R. Jeffrey Smith , The DeLav-Abramoff Monev Trail,

    1400 Eye Street, N.W, Suite Washington, D.G. 2 C O O ~ ) 2 C 2 4 C 8 S ) 6 ~ ) phone 202,588,5C20 fax

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    Rena Y. KimOctober 19,2010Page 2Wash. Post, December 31,2005 (attached as Exhibit C); R. Jeffrey Smith, DeLay Airfare WasCharged To Lobbyist's Credit Card, Wash. Post, April 24, 2005 (attached as Exhibit D); JamesV. Grimaldi & R. Jeffrey Smith, Gambling Interests Funded DeLay Trip, Wash. Post, March 12,2005 (attached as Exhibit E).

    DOJ also investigated allegations: (1) the Alexander Strategy Group, a lobbying firm runby Mr. Buckham and Mr. Rudy, employed Mrs, DeLay in an effort to influence Mr. DeLay, seeSusan Schmidt & James V. Grimaldi, Lawmakers Under Scrutiny in Probe of Lobbyist, Wash.Post, November 26, 2005 (attached as Exhibit F); Philip Shenon, Lobbying Cases HighlightPrime Targets' Family Ties, N Y Times, April 9, 2006 (attached as Exhibit G); (2) Mrs. DeLayand the DeLays' daughter Dani improperly were paid $350,000 in consult ing fees and expensespaid by ARMPAC, Mr. DeLay's political action committee, see Michael Hedges, As LobbvingScandal Drags On, DeLay Takes a Shot at FBI, Houston Chronicle, May 9, 2007 (attached asExhibit H); (3) Mr. Abramoff and Mr. Buckham funneled $1 million from the Russian oilcompany through the U.S, Family Network in an effort to influence Mr. DeLay and others, seeSmith, Wash. Post, December 31, 2005; Laylan Copelin, Subpoena List in DeLay Case ReadsLike Who's Who of Political, Business Interests, Austin American-Statesman, October 16,2010(attached as Exhibit I); and (4) Mr. DeLay and two associates conspired to illegally laudercorporate campaign contributions through TRMPAC, id.; and (5) Mr. Abramoff arranged for atrip to the Commonwealth of the NorthernMariana Islands to influence Mr. DeLay, see MichaelHedges, Lobbyist Pleads Guilty to Conspiracy, Houston Chronicle, November 22,2005 (attachedas Exhibit J).

    DOJ apparently concluded its investigation ofMr. DeLay recently without bringingcharges against him. See Smith, Wash. Post, August 17,2010.Please search for responsive records regardless of format, medium, or physicalcharacteristics. Where possible, please produce records electronically, in PDF or TIF format on a

    CD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes,and photographs, Our request includes any letters, ernails, facsimiles, telephone messages, voicemail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, ordiscussions. Our request also includes any attachments to these records.

    If it is your position that any portion of the requested records is exempt from disclosure,CREW requests that you provide it with an index of those documents as required under Vaughnv. Rosen, 484 F.2d 820 (D,C, Cir. 1973) , cert. denied, 415 U.S. 977 (1972). As you are aware, aVaughn index must describe each document claimed as exempt with sufficient specificity "topermit a reasoned judgment as to whether the material is actually exempt under FOrA."Founding Church o fScientology v. Bell, 603 F,2d 945, 949 (D,C, Cir. 1979), Moreover , theVaughn index must "describe each document or portion thereof withheld, and for eachwithholding it must discuss the consequences of supplying the sought-after information." King v.

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    Rena Y. KimOctober 19,2010Page 3US, Dep 't ofJustice, 830 F.2d 210,223-24 (D.C. Cir. 1987) (emphasis added), Further, "thewithholding agency must supply' a relatively detailed justification, specifically identifying thereasons why a particular exemption is relevant and correlating those claims with the particularpart of a withheld document to which they apply.'" Id. at 224 (citing Mead Data Central v, USDep't of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977.

    In the event that some portions of the requested records are properly exempt fromdisclosure, please disclose any reasonably segregable non-exempt portions of the requestedrecords. See 5 U.S.c. 552(b). Ifit is your position that a document contains non-exemptsegments, but that those non-exempt segments are so dispersed throughout the document as tomake segregation impossible, please state what portion of the document is non-exempt, and howthe material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261, Claimsof nonsegregability must be made with the same degree of detail as required for claims ofexemptions in a Vaughn index. If a request is denied in whole, please state specifically that it isnot reasonable to segregate portions of the record for release.

    Finally, CREW welcomes the opportunity to discuss with you whether and to what extentthis request can be narrowed or modified to better enable DO] to process it within the FOIA'sdeadlines,

    Fee Waiver RequestIn accordance with 5 U.S.C. 552(a)(4)(A)(ii i) and 28 C.F.R. 16.11(k), CREW

    requests a waiver of fees associated with processing this request for records. The subject of thisrequest concerns the operations of the federal government and expenditures, and the disclosureswill likely contribute to a better understanding of relevant government procedures by CREW andthe general public in a significant way. Moreover, the request is primarily and fundamentally fornon-commercial purposes. 5 U.S.C. 552(a)(4)(A)(ii i) . See, e.g., McClellan Ecological v,Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987).

    These records are likely to contribute to greater public awareness of alleged malfeasanceand possible criminal behavior by the former majority leader of the House of Representatives,and of DOl' s recently concluded investigation into Mr. DeLay's activities. Related DO]investigations resulted in criminal convictions of Mr. Abramoff, Mr. Rudy, Mr. Scanlon, formerRep. Bob Ney, and others. While DO] eventually decided not to prosecute Mr. DeLay, hisactivities still may have been illegal or violations of the rules of the House of Representatives,and the requested records would shed l ight on them. In addi tion, other criminal allegationsagainst Mr. DeLay remain very active - a trial on state charges related to money launderingthrough TRMPAC is scheduled to begin on October 26,2010. See Copelin, Austin American-Statesman, October 16, 2010. The public unquestionably has a powerful interest in learning theextent to which a leading member of Congress engaged in illegal or improper behavior. USDep 't o fJustice v. Reporters Comm. fo r Freedom of the Press, 489 U.S. 749, 774 (1989)

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    Rena Y. KimOctober 19,2010Page 4(suggesting a public interest in documents that would reveal a congressman's allegedly corruptbehavior).

    These documents also would shed light on DOl's conduct in conducting the investigationofMr. DeLay, and its apparent decision to close the investigation without bringing chargesagainst Mr. DeLay.

    CREW is a non-profit corporation, organized under section 501(c)(3) of the InternalRevenue Code. CREW is committed to protecting the public's right to be aware of the activitiesof government officials and to ensuring the integrity of those officials. CREW uses acombination of research, litigation, and advocacy to advance its mission. The release ofinformation garnered through this request is not in CREW's financial interest. CREW willanalyze the information responsive to this request, and will share its analysis with the public,either through memoranda, reports, or press releases. In addition, CREW will disseminate anydocuments it acquires from this request to the public through its website,www.citizensforethics.org, which also includes links to thousands ofpagcs of documents CREWacquired through its multiple FOIA requests as well as documents related to CREW's litigationand agency complaints, and through www.scribd.com.

    News Media Fee Waiver RequestCREW also asks that it not be charged search or review fees for this request because

    CREW qualifies as a "representative of the news media" pursuant to the FOIA and SECregulation 17 C.F.R. 200.80(e)(l 0). In Nat'! Sec. Archive v. Us. Dep 't ofDefense, 880 F.2d1381,1386 (D.C. Cir. 1989), the Court of Appeals for the District of Columbia Circuit found theNational Security Archive was a representative of the news media under the FOIA, relying on theFOIA's legislative history, which indicates the phrase "representative of the news media" is to beinterpreted broadly; "i t is critical that the phrase 'representative of the news media' be broadlyinterpreted if the act is to work as expected.... In fact, any person or organization whichregularly publishes or disseminates information to the public . . . should qualify for waivers as a'representative of the news media. '" 132 Congo Rec. S14298 (daily ed. Sept. 30, 1986) (emphasisadded), cited in id.

    CREW routinely and systematically disseminates information to the public in severalways. First, CREW maintains a frequently visited website, v/v/\v.citizensforcthics.oH,J:, thatreceived 108,643 visits in September 2010. In addition, CREW posts all of the documents itreceives under the FOIA on www.scribd.com. and that site has received 419,786visits toCREW's documents since April 14,2010.

    Second, since May 2007 CREW has published an online newsletter, CREWCuts, thatcurrently has 17,322 subscribers. CREWCuts provides subscribers with regular updatesregarding CREW's activities and information the organization has received from government

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    Rena Y. KimOctober 19,2010Page 5entities. A complete archive of past CREWCuts is available athttp://wvvvv.citizensforeth ics. org/newsletter .

    Third, CREW publishes a blog, Citizens bloggingfor responsibility and ethics inWashington, that reports on and analyzes newsworthy developments regarding government ethicsand corruption. The blog, located at http://'vvwvY.citiznesforethics.org/blog, also provides linksthat direct readers to other news articles and commentary on these issues. CREW's blog had1,772 hits in September.

    Finally, CREW has published numerous reports to educate the public about governmentethics and corruption, including agencies' failure to comply with their record keepingresponsibilities. See Record Chaos, which examines agency compliance with electronic recordkeeping responsibilities; The Revolving Door, a comprehensive look into the post-governmentactivities of24 former members of President Bush's cabinet; and Those Who Dared: 30 OfficialsWho Stood Up For Our Country. These and all o ther CREW's reports are available athttp://Vvww.citizensforethics.org/reports.

    Based on these extensive publication activities, CREW qualifies for a fee waiver as a"representative of the news media" under the FOIA and agency regulations.

    Request for ExpeditionPursuant to 5 U.S.c. 552(a) (6) (E)(I ) and 28 C.F.R. 16.5(d)(l)(iv), CREW requests

    that your office expedite the processing of this request . As required by DO] regulations, 28C.F.R. 16.5(d)(2), CREW is submitting its request for expedition to the director of PublicAffairs. A copy of CREW's request is enclosed.

    CREW also requests that DO] expedite its request pursuant to 28 C.F.R. 16.5(d)(l)( ii).As explained above, CREW is engaged primarily in the dissemination of information that itgathers from a variety of sources, including the FOIA, and seeks the information requested in theFOIA request for the express purpose of disseminating it to the public. In addition to thewebsites on which CREW posts all documents it acquires through the FOIA, CREW's websitecontains numerous examples of its efforts, including reports it has published based oninformation it receives through the FOIA. For example, CREW's report, Record Chaos: TheDeplorable State o fElectronic Record Keeping in the Federal Government, was based onsignificant part on documents CREW requested under the FOIA from a variety of agencies,including DOl

    There is a particular urgency to inform the public about these investigations because, asnoted above, Mr. DeLay's criminal trial on state conspiracy charges is scheduled to begin in oneweek. See Copelin, Austin American-Statesman, October 16, 2010. Witnesses subpoenaed bythe prosecution for the trial include Mr. Buckham and Mr. Scanlon, who may be questioned

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    Rena v.KimOctober 19, 2010Page 6about ' ' 'the inner workings of Tom DeLay's political organization' as well as the defendant 'slobby-paid trips to Russia, Scotland and the Northern Marianas Islands" that were the subject ofDOJ's investigation, Id. In light of the importance of this information for Mr. DeLay's criminaltrial, immediate action is required,

    Pursuant to 28 C.F,R. l6,5(d)(3), I hereby certify that the basis for CREW's request forexpedit ion, as outlined above, is t rue and correct to the best ofmy knowledge and belief.

    Conclusion

    If you have any questions about this request or foresee any problems in releasing fully therequested records please contact me at (202) 408-5565, Also, if CREW's request for a feewaiver is not granted in full , please contact our office immediately upon making such adetermination, Please send the requested records to Adam 1.Rappaport, Citizens forResponsibility and Ethics in Washington, 1400 Eye Street, N,W" Suite 450, Washington, D,C.20005,

    Sincerely,

    Adam J, xappaportSenior Counsel

    Enclosures

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    EXHIBIT A

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    Justice Department drops investigation ofDelay ties to Abramoff

    tl}l? .f.U(ltllf}ington ;PO!iltJustice Department dropsinvestigation ofDeLay ties toAbramoffBy R. Jeffrey SmithWashington Post StaffWriterTuesday, August 17,2010; AOIFormer House majority leader Tom DeLay (R-Tex.)was both defiant and ebullient on Monday afterhearing that the Justice Department had dropped itssix-year investigation of his interactions with lobbyistJack Abramoff and a host of other politicalcontributors for whom he allegedly did political favors.

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    "I always knew this day would come," DeLay said on the telephone from his home in Sugar Land, Tex.He said he has no regre ts about his conduct in Washington, insisted that his actions were always legal,and assailed what he called the "criminalization of politics" by a federal ethics enforcement process heconsiders deeply flawed.His celebratory remarks came a week before he is slated to return to a Texas courtroom for a pretrialhearing on allegations of felony conspiracy and money laundering, which still could put the 63-year-oldpolitician behind bars. His 2005 indictment in that Texas case is what short-circuited his three-yeartenure in one of Washington's most powerful jobs.T11e Justice Department declined to comment about DeLay's claim of exoneration, following its policy ofnot discussing the status or termination of its criminal investigations. A source familiar with thelong-running inquiry, in which many witnesses were brought before one or more grand juries, confirmedthat it had ended.Speaking on the condition of anonymity, he said the main reason for dropping the effort was thatprosecutors were unable to compel incriminating testimony by a former DeLay aide, Edwin A.Buckham, and find other witnesses or evidence that could have led to a convict ion.Buckham has similarly been cleared by the Justice Department, a source close to DeLay said. Buckham'sattorney, David Geneson, declined to comment.

    In recent years, DeLay has worked on rehabil itat ing his public image as well as his career, appearing in atelevision dancing competition, working as a paid consultant to corporations and advising -- by his owndescription -- the factions that make up the "tea party" movement.Asked whether he plans to attempt a return to Congress, DeLay acknowledged that his politicaleffectiveness has been hampered by years of scrutiny. People don't necessarily "want to associate withyou" after being under such a heavy legal cloud for so long, he said, explaining why he has declined toendorse candidates.T11e Justice Department investigation focused in part on payments made by Buckham, a former adviser

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    Justice Department drops investigation of DeLay ties to Abramoff http://www.washingtonpost.comlwp-dynlcontentlarti cle/20 10/

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    who was a registered lobbyist in 2000, to cover some of DeLay's expenses on an overseas golf trip.Doing so violated House rules, but DeLay said he was unaware of the payments. Buckham'snow-shuttered firm employed DeLay's wife, Chris tine, from 1998 to 2002 and set up a retirementaccount for her. A pol it ical action committee that Buckham controlled employed both DeLay's wife andhis daughter.111e payments amounted to nearly half a million dollars, drawn partly from revenue from corporationsand their officers that had interes ts in legislation pending before the House.DeLay and Buckham were at one point two of the principal targets in the department's multifacetedprobe of Abramoffs lobbying practice that led to the convictions of 19 people, including two DeLayaides. DeLay has maintained he was unaware of their wrongdoing. He said Monday that the department"couldn't find anything" otherwise in the documents, e-mails and computer hard drives that his officehad turned over to investigators without protest.The source familiar with the investigation said that some of those working on the probe had disagreedabout the importance of holding out for Buckham's testimony when Abramoff himself was potentiallyavailable as a cooperating witness. Abramoff recently worked in a kosher pizza parlor in Baltimore whilewrapping up a four-year sentence for conspiracy, mail fraud and tax evasion.DeLay referred to Abramoff, who admitted to corrupting public officials and defrauding his clients, as "afriend of mine." He said Abramoffs lavish pay from Native American tribes for lobbying had resultedfrom inattention by the leaders of those tribes.Known for a hard-edged, take-no-prisoners political style reflected in his nickname, "The Hammer,"DeLay decried what he called "new politics" in which opponents try to "drown you," ruin your financesand then "dance on your grave."When asked whether he thought the recent House ethics charges against Democratic Reps. MaxineWaters (Calif.) and Charles B. Rangel (N.Y.) also resulted an effort to punish successful fundraising andstrong political views, DeLay said their cases are different from his.DeLay's principal attorney, Richard Cullen ofRichmond, said the Justice Department's decision alsocovered Christine DeLay. "We had conversations off and on during '05, '06, '07 that were across theboard," Cullen said of his contacts with the Justice Department. "Prosecutors fol low leads and a lot ofthose leads were in the paper."DeLay and Cullen said that he was neve r interviewed during the probe.Staffwriter James V Grimaldi contributed to this report.View all comments that have been posted about this article.Post a Comment

    View all comments that have been posted about this article.

    10/15/2010

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    EXHIBIT B

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    Ex-DeLay Aide Pleads Guilty In Lobby Case - The New York Times http://query.nytimes.com/gst/fullpage.hbnJ ? r c s ~ 9 9 0 3 E4D71230

    This copy Is for your personal, noncommercial use only, You can order presentation-ready copies for distribution toyour colleagues, clients or customers, please click here or use the "Reprints" tool that appears next to any article,Visit www.nytreprints.corn for samples and additional information. Order a reprint of this article now.

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    April 1, 2006Ex-DeLayAide Pleads Guilty In Lobby CaseBy PHILIP SHENON

    A former top aide to Representative Tom DeLay pleaded guilty on Friday to charges that heaccepted thousands of dollars in illegal gifts, including money funneled through a consultingfirm he set up with his wife and travel by private je t to California, in return for influencinglegislation on behalf of the lobbyist Jack Abramoff.The plea agreement by the aide, Tony Rudy, a lobbyist who was Mr. DeLay's deputy chief ofstaff from 1998 to 2000 and one of his closest advisers, makes Mr. Rudy the second formerDeLay aide to admit wrongdoing in the corruption investigation centered on Mr. Abramoff.Mr. Abramoff pleaded guilty in the investigation in January, aclmowledging that he hadconspired with Mr. Rudy and others to corrupt public officials, including members of Congress.Another of Mr. Abramoffs former lobbying partners, Michael Scanlon, who had been Mr.DeLay's press secretary in the House, pleaded guilty last year to similar criminal charges in ascandal that has put pressure on Congressional leaders to tighten federal ethics rules.Mr. Rudy, Mr. Scanlon and Mr. Abramoff are all cooperating with th e Justice Department,which is investigating whether Mr. DeLay and other members of Congress, includingRepresentative Bob Ney, Republican of Ohio, accepted travel, gifts or money from Mr. Abramoffand his associates in return for legislative favors.Mr. Rudy's plea agreement, which covers actions he took on Mr. Abramoffs behalf both whileon Mr. DeLay's staff and after leaving the House to work as a lobbyist , did no t allege anywrongdoing by Mr. DeLay, the former Republican majority leader, or say that Mr. DeLay knewof any criminal activities by Mr. Rudy. Mr. DeLay is under indictment in Texas on unrelatedcharges involving violations of state election laws.But the plea agreement suggested more trouble for Mr. Ney. I t said that Mr. Rudy, who joinedMr. Abramoffs lobbying firm after leaving Mr. DeLay's staff in late 2000 , said he, too, wasinvolved in "providing things of value to and soliciting and obtaining the agreement" of alawmaker -- identified only as "Representative No. I" -- to assist Mr. Abramoff and his clients.Federal law-enforcement officials, speaking on condition of anonymity because federal grandjury rules bar them from commenting publicly, said "Representative No. I" was Mr. Ney.

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    Ex-DeLay Aide Pleads Guilty In Lobby Case - The New York Times http://query.nytimes .comlgst/fllllpage.html?res=9903E4D71230

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    Mr. Rudy's plea agreement suggested that tens of thousands of dollars in illegal gifts werefunneled to Mr. Rudy through a consulting firm that he and his wife, Lisa Rudy, established inAugust 1999, when Mr. Rudy was working on Mr. DeLay's House staff. According to the JusticeDepartment's calculations, the firm, Liberty Consulting, took in about $86,000 , much of itfrom a nonprofit group underwritten by Mr. Abramoffs lobbying clients.Under the plea bargain, th e Justice Department agreed not to prosecute Ms. Rudy in exchangefor her cooperation. Prosecutors said at the hearing that they would ask that Mr. Rudy, whoremains free, not be incarcerated until his cooperation was no longer needed in theinvestigation.He faces a maximum penalty of five years in prison, a $250 ,000 fine and restitution of up to$100,000 . But under federal sentencing guidelines, Judge Ellen Huvelle of the Federal DistrictCourt in Washington said he was more likely to receive a prison sentence between two andtwo-and-a-half years.In return for the gifts, court documents show, Mr. Rudy helped block a bill in the summer of2000 to restrict Internet gambling -- Mr. Abramoff represented an Internet-gambling company-- and had Mr. DeLay sign a letter in April 2000 opposing a postal-rate increase. Mr.Abramoffs clients in the magazine-publishing industry opposed the increase.In the plea agreement, Mr. Rudy acknowledged that he had received a long list of gifts fromMr. Abramoffwhile serving on Mr. DeLay's staff, including a trip by private je t to the U.S. Opengolf tournament in Pebble Beach, Calif., in 2000 ; use of a box suite for a bachelor party at anAugust 2000 Washington Redskins game; tickets to the Daytona 500 in Florida; a trip with his'Wife to Hilton Head, S.C.; meals at "expensive restaurants" in Washington; and golf clubs"costing several hundred dollars."Mr. DeLay has acknowledged that he took a series of lavish overseas trips that were arrangedby Mr. Abramoff; Mr. DeLay's wife received more than $100,000 in consulting fees between1998 and 2002 from Alexander Strategy Group, the lobbying firm where Mr. Rudy workedmost recently.But the plea agreement signed by Mr. Rudy and made public on Friday does not allege that Mr.DeLay had any knowledge of his former aide's corruption or that he himself had ever acceptedany gifts in exchange for specific acts in Congress."I have no indication that prosecutors are circling in on Mr. DeLay," said Richard Cullen, Mr.DeLay's criminal defense lawyer. Mr. Cullen said he was advised several months ago by theJustice Department that Mr. DeLay was not considered a target of the investigation. Thelawyer said he had no reason to believe Mr. DeLay's status had changed."Mr. DeLay was unaware of any of the acts to which Mr. Rudy has pleaded guilty," Mr. Cullensaid. "To say that he's bitterly disappointed is an understatement."

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    Ex-Del.ay Aide Pleads Guilty In Lobby Case - The New York Times http://query. nytimes.com/gsUfullpage.htmJ?res=9903E4D71230F

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    Mr. Rudy, 39, entered his guilty plea in Federal District Court in Washington, saying nothingbeyond "yes" and "no" in response to a series of quest ions posed by Judge Huvelle about theterms of his agreement with the Justice Department. Asked later how he pleaded to the singleconspiracy count in the plea agreement, Mr. Rudy replied, "Guilty, your honor."

    Photo: Tony Rudy, a lobbyist and former Congressional aide, pleaded guilty to corruptioncharges yesterday at Federal District Court in Washington. Mr. Rudy's case is tied with that ofthe lobbyist Jack Abramoff. (Photo by Lawrence Jackson/Associated Press)(pg. A12)

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    EXHIBIT C

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    The DeLay-AbramoffMoney Trail

    r-(t:1}e IDal1)ington ~ P 0 5 tThe DeLay-Abramoff Money TrailNonprofit Group Linked to Lawmaker Was FundedMostly by Clients of LobbyistBy R. Jeffrey SmithWashington Post StaffWriterSaturday, December 31, 2005111e U.S. Family Network, a public advocacy groupthat operated in the 1990s with close ties to Rep. TomDeLay and claimed to be a nationwide grass-rootsorganization, was funded almost entirely bycorporations linked to embattled lobbyist JackAbramoff, according to tax records and formerassociates of the group.

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    During its five-year existence, the US, Family Network raised $2,5 million but kept its donor list secret.The list, obtained by 111e Washington Post, shows that $1 million of its revenue came in a single 1998check from a now-defunct London law firm whose former partners would not identify the money'sorigins.Two former associates of Edwin A. Buckham, the congressman's former chief of staff and the organizerof the US, Family Network, said Buckham told them the funds came f rom Russian oil and gasexecutives. Abramoff had been working closely with two such Russian energy executives on theirWashington agenda, and the lobbyist and Buckham had helped organize a 1997 Moscow visit by DeLay(R-Tex,).The former president of the US. Family Network said Buckham told him that Russians contributed $1million to the group in 1998 specifically to influence DeLay's vote on legislation the InternationalMonetary Fund needed to fmance a bailout of the collapsing Russian economy.A spokesman for DeLay, who is fighting in a Texas state court unrelated charges of illegal fundraising,denied that the contributions influenced the former House majority leader's political activities, TheRussian energy executives who worked with Abramoff denied yesterday knowing anything about themillion-dollar London transaction described in tax documents,Whatever the real motive for the contribution of $1 million -- a sum not prohibited by law butextraordinary for a small, nonprofit group -- the steady stream of corporate payments detailed on thedonor list makes it clear that Abrarnoff's long-standing alliance with DeLay was sealed by a much moreextensive web of financial ties than previously known,Records and interviews also illuminate the mixture of influence and illusion that surrounded the US,Family Network. Despite the group's avowed purpose, records show it did little to promote conservativeideas through grass-roots advocacy. The money it raised came from businesses with no demonstratedinterest in the conservative "moral fitness" agenda that was the group's professed aim,

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    In addition to the million-dollar payment involving the London law firm, for example, half a milliondollars was donated to the U.S. Family Network by the owners of textile companies in the MarianaIslands in the Pacific, according to the tax records. 111e textile owners -- with Abramoffs help -- solicitedand received DeLay's public commitment to block legislation that would boost their labor costs,according to Abramoff associates, one of the owners and a DeLay speech in 1997.A quarter of a million dollars was donated over two years by the Mississippi Band of Choctaw Indians,Abramoffs largest lobbying client, which counted DeLay as an ally in fighting legislation allowing thetaxation of its gambling revenue.The records, other documents and interviews call into question the very purpose of the U.S. FamilyNetwork, which functioned mostly by collecting funds from domestic and foreign businesses whoseinterests coincided with DeLay's activities while he was serving as House majority whip from 1995 to2002, and as majority leader from 2002 until the end of September.After the group was formed in 1996, its d irector told the In ternal Revenue Service that its goal was toadvocate policies favorable for "economic growth and prosperity, social improvement, moral fitness, andthe general well-being of the United States." DeLay, in a 1999 fundraising letter, called the group "apowerful nationwide organization dedicated to restoring our government to citizen control" by mobilizinggrass-roots citizen support.But the records show that the t iny U.S. Family Network, which never had more than one full-time staffmember, spent comparatively little money on public advocacy or education projects. Althoughestablished as a nonprofit organization, it paid hundreds of thousands of dollars in fees to Buckham andhis lobbying firm, Alexander Strategy Group.There is no evidence DeLay received a direct financial benefit, but Buckham's firm employed DeLay'swife, Christine, and paid her a salary of at least $3,200 each month for three of the years the groupexisted. Richard Cullen, DeLay's attorney, has said that the pay was compensation for lists ChristineDeLay supplied to Buckham of lawmakers' favorite charities, and that it was appropriate under Houserules and election law.Some of the U.S. Family Network's revenue was used to pay for radio ads attacking vulnerableDemocratic lawmakers in 1999; other funds were used to finance the cash purchase of a townhousethree blocks from DeLay's congressional office. DeLay's associates at th e t ime cal led it "the SafeHouse."DeLay made his own fundraising telephone pitches from the townhouse's second-floor master suiteevery few weeks, according to two former associates. Other rooms in the townhouse were used byAlexander Strategy Group, Buckham's newly formed lobbying firm, and Americans for a RepublicanMajority (ARMPAC), DeLay's leadership committee.They paid modest rent to the U.S. Family Network, which occupied a single small room in the back.'Red Flags' on Tax ReturnsNine months before the June 25, 1998, payment of $1 million by the London law firm James & SarchCo., as recorded in the tax forms, Buckham and DeLay were the dinner guests in Moscow ofMarinaNevskaya and Alexander Koulakovsky of the oil firm Naftasib, which in promotional literature countedas its principal clients the Ministry of Defense and the Ministry of Interior.

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    Buckham, a graduate of the University of Tennessee, had worked for DeLay since 1995, after serving inother congressional offices and then as executive director of the Republican Study Committee, a groupof fiscally conservative House members.Their other dining companions were Abramoff and Washington lawyer Julius "Jay" Kaplan, whoselobbying firms collected $440,000 in 1997 and 1998 from an obscure Bahamian firm that helpedorganize and indirectly pay for the DeLay trip, in conjunction with the Russians. In disclosure forms, thestated purpose of the lobbying was to promote the policies of the Russian government.Kaplan and British lawyer David Sarch had worked together previously. (Sarch died a month before the$1 million was paid.) Buckham's trip with DeLay was his second to Moscow that year for meetings withNevskaya and Kou1akovsky; on the earlier one, the DeLay aide attracted media attention by returningthrough Paris aboard the Concorde, a $5,500 flight.Former Abramoff associates and documents in the hands of federal prosecutors state that Nevskaya andKoulakovsky sought Abramoffs help at the time in securing various favors from the US. government,including congressional earmarks or federal grants for their modular-home construction firm nearMoscow and the construction of a fossil-fuel plant in Israel. None appears to have been obtained by theirfirm.Former DeLay employees say Koulakovsky and Nevskaya met with him on multiple occasions. TheRussians also frequently used Abramoffs skyboxes at local sports stadiums -- as did Kaplan, accordingto sources and a 2001 e-mail Abramoff wrote to another client.Three sources familiar with Abramoffs activities on their behalf say that the two Russians -- who knewthe head of the Russian energy giant Gazprom and had invested heavily in that firm -- partly wanted justto be seen with a prominent American politician as a way of bolstering their credibility with the Russiangovernment and their safety on Moscow's streets. The Russian oil and gas business at the time had aWild West character, and its executives worried about extortion and kidnapping threats. The anxieties ofNevskaya and Koulakovsky were not hidden; like many other business people, they traveled in Moscowwith guards armed with machine guns.During the DeLays' visit on Aug. 5 to 11, 1997, the congressman met with Nevskaya and was escortedaround Moscow by Koulakovsky, Naftasib's general manager. DeLay told the House clerk that the trip'ssponsor was the National Center for Public Policy Research, but multiple sources told The Post that hisexpenses were indirectly reimbursed by the Russian-connected Bahamian company.DeLay spokesman Kevin Madden said the principal reason for his Moscow trip was "to meet withreligious leaders there." Nevskaya, in a letter this spring, said Naftasib's involvement in such trips wasmeant "to foster better understanding between our country and the United States" and denied that thefirm was seeking protection through its U.S. contacts.Nevskaya added in an e-mail yesterday that Naftasib and its officials were not representing the ministriesof defense and interior o r any o ther government agencies "in connection with meetings or other lobbyingactivities in Washington D.C. or Moscow."A former Abramoff associate said the two executives "wanted to contribute to DeLay" and clearly hadthe resources to do it. At one point, Koulakovsky asked during a dinner in Moscow "what would happenif the DeLays woke up one morning" and found a luxury car in their front driveway, the former associatesaid. They were told th e DeLays "would go to jai l and you would go to jai l. "

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    The tax form states that the $1 million came by check on June 25, 1998, from "Nations Corp, James &Sarch co." The Washington Post checked with the listed executives of Texas and Florida firms that havenames similar to Nations Corp, and they said they had no connection to any such payment.James & Sarch Co. was dissolved in May 2000, but two former partners said they recalled hearing thenames of the Russians at their office. Asked if the firm represented them, former partner Philip McGuirkat first said "it may ring a bell," but later he faxed a sta tement that he could say no more becauseconfidentiality practices prevent him "from disclosing any information regarding the affairs of a client (orformer client)."Nevskaya said in the e-mail yesterday, however, that "neither Naftasib nor the principals you mentionedhave ever been represented by a London law firm that you name as James & Sarch Co." She also saidthat Naftasib and its principals did not pay $1 million to the firm, and denied knowing about thetransaction.Two former Buckham associates said that he told them years ago not only that the $1 million donationwas solicited from Russian oil and gas executives, but also that the initial plan was for the donation to bemade via a delivery of cash to be p icked up at a Washington area airport.One of the former associates, a Frederick, Md., pastor named Christopher Geeslin who served as theU.S. Family Network's director or president from 1998 to 2001, said Buckham further told him in 1999that the payment was meant to influence DeLay's vote in 1998 on legislation that helped make it possiblefor the IMP to bailout the fal tering Russian economy and the wealthy investors there."Ed told me, 'This is the way things work in Washington, ' " Geeslin said. "He said the Russians wanted togive the money first in cash." Buckharn, he said, orchestrated all the group's fundraising and spendingand rarely informed the board about the details. Buckham and his attorney, Laura Miller, did not reply torepeated requests for C0ITll11ent on this article.The IMF funding legislation was a contentious issue in 1998. TIle Russian stock market fell steeply inApril and May, and the government in Moscow announced on June 18 -- just a week before the $1million check was sent by the London law firm -- that it needed $10 bil lion to $15 billion in newinternational loans.House Republican leaders had expressed opposition through that spring to giving the IMF the money itcould use for new bailouts, decrying what they described as previous destabilizing loans to othercountries. TIle IMP and its Western funders, meanwhile, were pressing Moscow, as a condit ion of anyloan, to increase taxes on major domestic oil companies such as Gazprom, which had earlier defaulted onbillions of dollars in tax payments.On Aug. 18, 1998, the Russian government devalued the ruble and defaulted on its treasury bills. ButDeLay, appearing on "Fox News Sunday" on Aug. 30 of that year, criticized the IMF financing bill,calling the replenishment of its funds "unfortunate" because the IMF was wrongly insisting on a Russiantax increase. "TIley are trying to force Russia to raise taxes at a time when they ought to be cutting taxesin order to get a loan from the IMF. That's just outrageous," DeLay said.In the end, the Russian legislature refused to raise taxes, the IMF agreed to lend the money anyway, andDeLay voted on Sept. 17, 1998, for a foreign aid bill containing new funds to replenish the IMP account.DeLay's spokesman said the lawmaker "makes decisions and sets legislative priorities based on goodpolicy and what is bes t fo r h is constituents and the country," He added: "Mr. DeLay has very firmbeliefs, and he fights very hard for them."

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    Kaplan did not respond to repeated messages, and through a spokesman for lawyer Abbe Lowell,Abramoff declined to comment.No legal bar exists to a $1 million donat ion by a foreign ent ity to a group such as the U.S. FamilyNetwork, according to Marcus Owens, a Washington lawyer who directed the IRS's office of tax-exemptorganizations from 1990 to 2000 and who reviewed, at The Post's request, the tax returns filed by theUS. Family Network.But "a million dollars is a staggering amount of money to come from a foreign source" because such adonor would not be entit led to claim the tax deduction allowed for US. citizens, Owens said. "Givinglarge donations to an organization whose purposes are as ambiguous as these . . . is extraordinary. Ihaven't seen that before. It suggests something else is going on."There are any number of red flags on these returns."Hailing Indian Tribe's Hiring of LobbyistsBuckham and Tony Rudy were the first DeLay staffmembers to visit the Choctaw Reservation nearMeridian, Miss., where the tribe built a 500-room hotel and a 90,000-square-foot gambling casino. Theirtrip from March 25 to 27,1997, cost the Choctaws $3,000, according to statements filed with the Houseclerk.DeLay, his wife and Susan Hirschman -- Buckham's successor in 1998 as chief of staff -- were the nextto go. Their trip f rom July 31 to Aug. 2, 1998, was described on House disclosure forms as a "site reviewand reservation tour for charitable event," and the forms said it cost the Choctaws $6,935.Buckham, who was then a lobbyist, arranged DeLay's trip, which included a visit to the tribe's golfcourse to assess it as a possible locat ion for the lawmaker's annual charity tournament, according to atribal source. Abramoff told the tribe he could not accompany DeLay because of a prior commitment,the source said.One day after the DeLays departed for Washington, the US. Family Network registered an initial$150,000 payment made by the Choctaws, according to its tax return. The tribe made additionalpayments to the group totaling $100,000 on "various" dates the following year, the returns state. TheChoctaws separately paid Abramoff $4.5 million for his lobbying work on their behalf in 1998 and 1999.Abramoff and his wife contributed $22,000 to DeLay's political campaigns from 1997 to 2000, accordingto public records.A former Abramoff associate who is aware of the payments, and who spoke on the condition ofanonymity to protect his clients, said the tribe made contributions to entities associated with DeLaybecause DeLay was crucial to the tribe's continuing fight against legislation to allow the taxation ofIndians' gambling revenue.An attorney for the tribe, Bryant Rogers, said the funds were meant not only to "get the message out"about the adverse tax law proposals but also to finance a campaign by Buckham's group within "theconservative base" against legislation to strip tribes of their control over Indian adoptions. "This was agroup connected to the right-wing Christian movement," Rogers said. "This is Ed Buckham'sconnection. "In March 1999, after the tribe had paid a substantial sum directly to the US. Family Network, Buckhamexpressed his general gratitude to Abramoff in an e-mail. "I really appreciate you going to bat for us.

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    Remember it is the first bit ofmoney that is always the hardest, but means the most," Buckham said,according to a copy. He added: "Pray for God's wisdom. I really believe this is supposed to be what weare doing to save our team."During this period, a fundraising letter on the u.s. Family Network stationery was sent to residents ofAlabama, announcing a petit ion drive to promote a cause of interest to Abramoffs Indian gamblingclients in Mississippi and Louisiana, including the Choctaw casino that drew many customers fromAlabama: the blocking of a rival casino proposed by the Poarch Creek Indians on their land in Alabama."TI1e American family is under attack from all sides: crime, drugs, pornography, and one of the leasttalked about but equally as destructive -- gambling," said the group's letter, which was signed bythen-Rep. Bob Riley (R), now the Alabama governor. "We need your help today . . . to prevent thePoarch Creek Indians from building casinos in Alabama."Asked about the letter, Rogers said "none of us have seen" it and "the tribe's contributions have nothingto do with it." A spokesman for Riley said that he could not recall the circumstances behind the letter,but that he has long opposed any expansion of gambling in Alabama.DeLay, meanwhile, saluted Choctaw chief Philip Martin in the Congressional Record on Jan. 3,200 I,c it ing "all he has done to further the cause of freedom." DeLay also attached to his remarks an editorialthat hailed the tribe's gambling income and its "hiring [of] quality lobbyists."Throughout this period, the U.S. Family Network was paying a monthly fee of at least $10,000 toBuckham and Alexander Strategy Group for general "consulting," according to a former Buckhamassociate and a copy of the contract. While DeLay's wife drew a monthly salary from the lobbying firm,she did not work at its offices in the townhouse on Capitol Hill, according to former Buckham associates.Neither the House nor the Federal Election Commission bars the payment of corporate funds to spousesthrough consulting firms or political action committees, but the spouses must perform real work forreasonable wages."Anytime you [as a congressman] hire your child or spouse, it raises questions as to whether this is athrowback to the time when people used campaigns and government jobs to enrich their families," saidLarry Noble, executive director of the Center for Responsive Politics, a nonpartisan watchdog group,and a former general counsel of the FEe.Research editor Lucy Shackelford; researchers Alice Crites, Madonna Lebling, Karl Evanzz andMegSmith,' and research database editor Derek Willis contributed to this report.View all comments that have been posted about th is article.

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    washingtonpost.comDeLay Airfare Was Charged To Lobbyist's Credit CardBy R. Jeffrey SmithWashingtonPostStaff WriterSunday, April 24, 2005; Page AOlThe airfare to London and Scotland in 2000 for then-House Majority Whip TomDeLay (R-Tex.) wascharged to an American Express card issued to Jack Abramoff, a Washington lobbyist at the center of afederal criminal and tax probe, according to two sources who know Abrarnoff's credit card accountnumber and to a copy of a travel invoice displaying that number.DeLay's expenses during the same trip for food, phone calls and other items at a golf course hotel inScotland were billed to a different credit card also used on the trip by a second registered Washingtonlobbyist, Edwin A. Buckham, according to receipts documenting that portion of the trip.House ethics rules bar lawmakers from accepting travel and related expenses from registered lobbyists.DeLay, who is now House majority leader, has said that his expenses on this trip were paid by a nonprofitorganization and that the financial arrangements for it were proper. He has also said he had no way ofknowing that any lobbyist might have financially supported the trip, either directly or throughreimbursements to the nonprofit organization.

    J ~ r i c i ; u f (JThe documents obtained by The Washington Post, including receipts for his hotel stays in Scotland andLondon and billings for hisgolfing during the trip at the famed St. Andrews course inScotland,substantiate for the first time that some of DeLay's expenses on the trip were billed to charge cards usedby the two lobbyists. The invoice for DeLay's plane fare lists the name of what was then Abramoffslobbying finn, Preston Gates & Ellis.Multiple sources, incIudingDeLay's then-chief of staffSusan Hirschmann, have confirmed that DeLay'scongressional office was in direct contact with Preston Gates about the trip itinerary before DeLay'sdeparture, to work out details of his travel. These contacts raise questions about DeLay's statement thathe had no way of knowing about the financial and logistical support provided by Abramoff and his finn.Yesterday, DeLay's lawyer, Bobby R. Burchfield, said that DeLay's staffwas aware that Preston Gateswas trying to arrange meetings and hotels for the trip but that DeLay was unaware of the "logistics" of billpayments, and that DeLay "continues to understand his expenses" were properly paid by the nonprofitorganization, the National Center for Public Policy Research.In 2000, Abramoffwas a board member of the group. In a telephone interview yesterday, Hirschmannsaid the contacts between DeLay's office and persons at Preston Gates occurred because Abramoff "wasa board member of the sponsoring organization." Hirschmann added: "We were assured that the NationalCenter paid for the trip."House rules do not exempt such nonprofit organization board members from the prohibition on lobbyistpayments for travel. They also state that this prohibition "applies even where the lobbyist . . . will later bereimbursed for those expenses by a non-lobbyist client."

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    Burchfield did not dispute that Abramoff used his credit card to pay for DeLay's plane fare, but said in astatement that "the majority leader has always believed and continues to believe that all appropriate expenses for the U.K trip werepaid by the National Center for Public Policy Research." He said that "to the extent that Mr. Abramoff put the charges onhispersonal credit card, Mr. DeLay has no knowledge of this. But that would be consistent with Mr. Abramoff obtaining fullreimbursement from the National Center."He said further that, in his view, Abramoffs participation on this trip as a board member meant he was permitted to pay forsome ofthe expenses, subject to reimbursement, and that numerous COUli decisions recognize that different rules may be applicableto thesame person acting in different capacities.Andrew Blum, a publicist for Abramoffs lawyer and spokesman for Abramoff, did not respond to questions relating to the useofAbramoff's credit card for DeLay's plane fare. But he said ina statement yesterday that it was the National Center that "sponsored"the trip, "not Jack Abramoff."Blum said that DeLay was "one of the center's honored guests on this trip" and that Abramoff "is being singled out for doingwhat iscommonly done by lobbyists -- taking trips with members of Congress and their staff so that they can learn about issuesthat impact

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    the Congress and government policy." The center's ability to sponsor "this type of educational trip, using contributor'funds, is bothlegal and proper," Blum said.DeLay was admonished three times last year by the House ethics committee for infringing rules governing lawmakers' activities andtheir contacts with registered lobbyists. House ethics rules bar the payment by lobbyists for any lawmaker's travel-connectedentertainment and recreational activities costing more than $50; they also require that lawmakers accurately report the sponsor oftheir trips and the full cost.In an article last month about the same trip by DeLay, The Post reported that an Indian tribe and a gambling services companymade donations to the National Center for Public Policy Research that covered most of the expenses declared by participants atthat time. The article also said these payments were made two months before DeLay voted against legislation opposed bythe tribeand the company. DeLay has said the vote was unrelated to the payments.The article also reported that Abrarnoff submitted an expense voucher to Preston Gates seeking a reimbursement of $12,789.73 tocover expenses for meals, hotels and transportation during the London and Scotland trip incurred by DeLay; his wife, Christine; andhis two aides.The new receipts add more detail about these expenses, make clear that the total expenses for all of the participants were at least$50,000 more than was previously known, and connect Abramoff directly to the payment of some charges.For DeLay, the JO-daytrip began on May 25 with a flight to London from Dulles airport and ended on June 3 with a return tripfrom Europe via Newark and ending in Houston. In between, his itinerary called for stops in Edinburgh, Glasgow, and St. Andrews,in Scotland. DeLay said the purpose of the trip was to hold meetings with "Conservative leaders" in Britain and Scotland, includingMargaret Thatcher, The former prime minister's office has confirmed that such a meeting occurred.DeLay's two aides, Tony Rudy and Susan Hirschmann, had an overlapping itinerary; Rudy participated from May 29 to June 3, andHirschmann participated from May 22 to June 2. The spouses of Rudy and Buckharn also were present.The travel receipts do not make clear how the expenses for the entire trip -- which involved at least 10 people and which lwosources said exceeded $120,000 -- were paid. One source familiar with the billings said yesterday that the National Centerreimbursed Abramofffor the charges incurred by DeLay and his staffthat were billed to Abramoffs credit card; but the receiptsthemselves do not indicate whether some of the charges incurred byAbramoffwere ultimately reimbursed and, if so, bywhom.The receipts make clear that flights for DeLay and his wife were initially billed to Abramoff. The plane ticket for the husband ofone of DeLay's aides -- David Hirschmann -- was billed to the same American Express card used for the DeLay tickets, accordingto a copy of the invoice.Although Amy Ridenour, director of the National Center for Public Policy Research, has said she organized the trip, two othersources said that DeLay's round-trip business-class tickets on Continental Airlines and British Airways were booked by PrestonGates employees.The itinerary and invoice for DeLay's trip, prepared by a travel service in Seatt le , was sent by the service to Preston Gates on May23,2000, according to a copy of the invoice. That was two days before DeLay's departure. The invoice states that DeLay'sbusiness-class tickets on Continental Airlines and British Airways cost $6,938.70.The records also indicate that the expenses associated with DeLay exceeded those that he declared in a signed statement totheHouse clerk on June 30, 2000. That form listed the purpose of the trip as "educational" and gave a tally of$28,106 in expenses forDeLay and his wife, or an average of $2,800 a day; it stated that all of these charges were paid by the National Center for PublicPolicy Research, which provided the data to DeLay.Receipts from the golfing portion of the trip show that DeLay accumulated additional charges, which, according to fees set by thetour arranger, amounted to nearly $5,000 for each golfer and totaled in the tens of thousands of dollars for the entire group. Feesassociated with playing golf are not listed on DeLay's travel disclosure form, Burchfield, DeLay's lawyer, said DeLay "personallypaid for two rounds of golfand understands that the other two rounds of golf he played were included in his hotel package" andreimbursed by the National Center.A copy of the $184 bill for the DeLays' expenses during the trip at a separate hotel in St. Andrews -- the Old Course Hotel GolfResort & Spa -- states that those charges were paid by the same American Express credit card used on the trip by Buckham, thelobbyist, to pay for his own hotel room at the Glasgow Hilton. Buckham could not be reached by phone at home or his office anddid not respond to an e-rnailed request for comment. Burchfield said he cannot explain how this happened and did not know whoowned this credit card; he also said DeLay was unaware of this fact.Buckham, a former chief of staff to DeLay, was at the time a registered lobbyist for AT&T, Enron Corp., and the Nuclear EnergyInstitute. DeLay's wife was employed, at the time of the trip, by Buckham's lobbying firm, the Alexander Strategy Group, and was

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    receiving a salary from it, according to DeLay's personal financial disclosure statement for that year, on filewith the House clerk.Abramoff, at the time of the trip, represented eLottery Inc. , a gamblingservices company that opposed the Internet gamblingbillpending before the House. Preston Gates registered as a lobbyist for eLottery on June 2, 2000, one day before the trip ended; laterin the year, Abramoffregistered as a lobbyist for other clients who opposed the bill, including several Indian tribes, The federalprobe is looking into his handling of his tribal clients and the large fees he was paid.Hirschmann and her husband ultimately accumulated charges of 2,073 British pounds, or about $3, I09 at the prevailingexchangerate for four nights intheir "superior" room at the London Four Seasons Hotel. Those charges included $129 at the hotel lounge,$75 from the room bar, $34 from the gift shop, and $422 for chauffeured cars, according to a copy of their hotel bill. Hirschmannsaid one car was used to reach the meeting with Thatcher,At least one of the Hirschmanns also played golf at St. Andrews. Susan Hirschmann is now a lobbyist at the Washington finn ofWilliams & Jensen; the finn's Web site contains a published claim that DeLay and other House Republican leaders are infrequentcontact with her. As a staffmember at the time of the trip, she would have been covered by the same ethics rules that apply toDeLay and other House members. Rudy, her staffcolleague at the time, now works for Buckham's lobbying finn,DeLay and his wife, for their part, stayed for four nights in a "conservatory" room at the same hotel inLondon asHirschmann,accumulating charges of roughly $790 a night for rooms that included a glass-enclosed porch overlooking London's Park Lane,according to a copy of the bill for their stay and the Web site of the hotel.They also ran up hotel charges of$145 for room service, $13 for a valet pressing and $302 for a private car fromHeathrow airport,the billstates. Their room bill also lists a charge of $434 for six theater tickets, but Burchfield said the DeLays do not recallattending any plays in London. He said if the hotel charges were being "picked up" by a representative of the National Centcr,"they would not necessarily have seen the hotel bill."DeLay, Burchfield said, "does not know how the logistics .. , [of the billpayments for the trip] were being effectuated,"House ethics rules contain detailed provisions barring the acceptance of any travel funds from private sources ifdoing so would"create the appearance of using public office for private gain," They also obligate lawmakers to "make inquiry on the source of thefunds that willbe used to pay" for any travel ostensibly financed by a nonprofit organization -- to rule out the acceptance ofreimbursements that come from one organization when a trip is"in fact organized and conducted by someone else."Trips outside the United States are also not supposed to exceed a week in length out of concern, the rules state, for "the publicperception that such trips often may amount to paid vacations for the Member and his family at the expense of special interestgroups." Research editor Lucy Shackelford and researchers A/ice Crites and Madonna Lebling contributed to this report.

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    washingtonpost.com: Gambling Interests Funded DeLay Trip http://www.washingtonpost.com/ac2/wp-dyn/A28252-2005Mar

    washingtonpost.comGambling Interests Funded DeLay TripLater in 2000, Lawmaker's Vote Helped Defeat Regulatory MeasureBy James V, Grimaldi andR, Jeffrey SmithWashington PostStaffWritersSaturday,March 12,2005; Page AO!An Indian tribe and a gambling services company made donations to a Washington public policy groupthat covered most of the cost ofa $70,000 trip to Britain by House Majority Leader Tom DeLay (R-Tex.),his wife, two aides and two lobbyists inmid-2000, two months before DeLay helped kill legislationopposed by the tribe and the company.The sponsor of the week-long trip listed in DeLay's financial disclosures was the nonprofit NationalCenter for Public Policy Research, but a person involved in arranging DeLay's travel said that lobbyistJack Abramoffsuggested the trip and then arranged for checks to be sent by two of his clients, theMississippi Band of Choctaw Indians and eLottery Inc.The dates on the checks coincided with the day DeLay left on the trip, May 25, 2000, according to grantsdocuments reviewed by The Washington Post. The Choctaw and eLottery each sent a check for $25,000,according to the documents. They now say that they were unaware the money was being used to financeDeLay's travels.

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    But Amy Ridenour, president of the National Center, said that, when the trip was arranged, Abramoffpromised he would secure financial backing. She said that even without Abramoffs efforts, the NationalCenter would have borne the cost ofthe trip, which was intended to allow the group to network withconservative British politicians and included an outing to the famous St. Andrews golf course inScotland,"We paid for the trip," Ridenour said. "111is trip was going to be paid for by the National Center,regardless of whether we got the donations from the Choctaw or el.ottery."House ethics rules allow lawmakers and their staffs to have travel expenses paid only for officiallyconnected travel and only by organizations directly connected to the trips. The rules also require thatlawmakers accurately report the people or organizations that pay for the trips. 111ey prohibit payments byregistered lobbyists for lawmakers' travel.DeLay's spokesman, Dan Allen, said: "The trip was sponsored, organized and paid for by the NationalCenter for Public Policy Research, as our travel disclosures accurately reflect and what the NationalCenter has publicly said."Abramoffs attorney, Abbe David Lowell, declined to comment. Abramoff, the National Center and theflow of money between them are now being investigated by a federal task force and by the SenateCommittee on Indian Affairs; DeLay was admonished three times last year for infringements of Houseeth ics ru les,To prove an ethics violation, investigators would have to show that DeLay and his staff knew thegambling interests were funding the trip, said Jan W. Baran, a Wiley Rein & Fielding LLP ethics lawyerwho often represents Republicans. "I f somebody is doing some backdoor financing, how would themember know?"Abramoff, a member of the National Center's board,joined the DeLays on the May 25 to June 3, 2000, trip, which DeLay'scongressional office has said included a stop inLondon and a visit with Margaret Thatcher, along with the golf outing at St.Andrews, where colleagues say Abramoff has a membership.Del.ay, an avid golfer, listed the purpose of the trip on a report filed with the House clerk as "educational." He was majoritywhip atthe time and brought hiswife, Christine, and two top staff members --Tony Rudy from the whip's office and chiefof staff SusanHirschmann, as well as her husband, David Hirschmann, according to filings with the House clerk that indicated the total costoftransportation, lodging and meals was $70,265,Internet GamblingBill K il led

    Two months later, in July 2000, DeLay and 43 other Republicans joined 1J4 Democrats in killing the Internet Gambling ProhibitionAct, whichwould have made it a federal crime to place certain bets over the Internet and was opposed by eLottery and the

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    Choctaws. The bill was supported by 165 Republicans and 79 Democrats but fell about 25 votes short of passage; because of aparliamentary maneuver, it required a two-thirds majority vote.DeLay spokesman Allen said that DeLay voted against the bill because it had exemptions for jai alai and horse and dog racing.Rudy later that year went to work for Abramoffas a lobbyist.The Choctaw Indians run a highly profitable casino near Philadelphia, Miss., that bankrolls their community activities and hassubsidized an extensive lobbying effort in Washington. The tribe donated a total of $65,000 to Ridenour's group in 2000 and $1.07million in 2002.The Choctaw money was intended to help the center create a program to build support for the idea that Indian casinos coulddriveprosperity for poor tribes, Ridenour said. "We were trying to tell the Choctaw story," she said. On its Web site, the center attributesthe following statement to DeLay: "TIle National Center isThe Center for conservative communications."Asked about the DeLay trip to Britain, tribal lawyer Bryant Rogers said: "TI1e tribe did not authorize the use of any money for thispurpose. . . . If itoccurred, it occurred without the tribe's knowledge."ELottery isa Connecticut company that provides Internet services to state lotteries. One version of the gambling legislationcontained a provision that would have severely restricted state lottery sales over the Internet. Edwin 1.McGuinn, presidentof eLotInc., the parent ofeLottery, said the provision would have killed his company. "We wouldn't have been able to operate," he said.McGuinn said he was unaware that eLottery's $25,000 check was meant to pay for DeLay's trip. Of the donation to the NationalCenter, he said: "It certainly was our impression that any and all moneys were being positioned to get the attention and focusof ourcause."DeLay today describes himself as a longtime opponent of any expansion of gambling. But in a House floor speech six months afterhis trip to Britain, he praised the head of the Mississippi Band of Choctaw Indians as a "champion of peace and prosperity" andplaced in the Congressional Record an editorial praising chief Phillip Martin for enriching the tribe through the "construction of acasino. "The editorial, from the magazine Indian Country Today, noted that Martin had also wisely positioned his tribe "to solidifyfriendships with Republican powerhouses." It said -- in an apparent reference to Abramoff -- that the tribe and its chief had hired"quality lobbyists as their new wealth allowed" and successfully persuaded Republican leaders that the tribal revenue fromgambling and other ventures shouId not be taxed.Three and a halfweeks after DeLay's Jan. 3,200 I, speech saluting Martin "for all he has done to further the cause of freedom," atleast one of DeLay's aides went on a trip via private je t to the Super Bowl in Tampa arranged and financed by one of Abrarnoff'scompanies. Sources familiar with the trip said the guests were also taken out to an Abramoff-owned gambling ship that wasanchored near Tampa.No one on DeLay's staff filed a report disclosing the trip, a task required by House rules for "the receipt of travel expenses fromprivate sources" but not for government-funded or political travel.DeLay spokesman Allen said: "The staffer went down to participate in a National Republican Congressional Committee party,so itwas considered political travel. The staffer never saw Abramoff during the trip."The Internet gambling legislation was the only issue Abrarnoff and his employer at the time, Preston Gates Ellis & Rouvelas MeedsLLP, mentioned in lobbying disclosure records when they reported earning $440,000 in fees from eLottery in2000. The Internetgambling bill was one of several legislative issues listed in a separate lobbying disclosure for the firm's efforts on behalf oftheChoctaw, which paid Preston Gates $880,000 in 2000.Expense Voucher Submitted

    The trip to Britain by the DeLays previously attracted notice because Abrarnoff submitted an expense voucher to Preston Gatesseeking a reimbursement of$12,789.73 to cover expenses for meals, hotels and transportation incurred by the DeLays, theHirschrnanns and a former DeLay chief of staff -- lobbyist Ed Buckharn .- who also went on the trip.House ethics rules prohibit registered lobbyists such as Abramofffrom paying for a lawmaker's expenses. But the Preston Gatesrecords state that Abramofftold his firm he paid $4,285.35 for the DeLays' stay at London's Four Seasons Hotel, plus $5,174.64 forthe Hirschmanns' stay. He also reported spending $800 on transportation for the group between May 25 and May 29.The existence of the voucher and a portion of its contents were reported last month in the National Journal. The voucher's tally ofexpenses differs from the account given by DeLay in a signed report to the House c lerk on June 30, 2000, in which he reported that

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    tota/lodging for the couple over nine nights cost Ridenour's group $3,840. Susan Hirschmann's separate, signed report alsogave adifferent figure from Abramoff; she stated that lodging expenses for her husband and her for this period amounted to $3,360.Both the DeLays and the Hirschmanns reported their meal expenses during the trip as $2,000 per person, or roughly $200a day.Last week, DeLay told reporters that he had reported the trip "as we are supposed to do." He said that, to his knowledge, theNational Center "paid for the trip."DeLay toldCox News Service earlier this month: "1 went to London to meet with conservatives in England and Scotlandand talkabout the things we had been doing in the Republican, conservative House. They wanted to dialogue to see ifthey could adoptsome the things that we had done."A person who went on the trip but spoke on the condition of anonymity because of the controversy said that DeLay talked withThatcher about her efforts to help end the Cold War and with others about trade issues. An aide to Thatcher confirmed thatthemeeting occurred.Abrarnoff was a member of the board of the National Center from about 1997 until last October, when the center accepted hisresignation.Stanley Brand, a former Democratic counsel to the House and an ethics specialist, said arrangements in which funds are passedthrough an intermediary to pay for a lawmaker's travels breach ethics rules if the lawmaker who benefited "knew or shouldhaveknown" the origin of funds.Brand said the House ethics committee, if it opens an investigation, would have to decide whether the circumstances of the travel"should have put a reasonable person on notice that it was paid for by someone else."Researchers Alice Crites, Lucy Shackelford and Don Pohlman contributed to this report.

    2005 The Washington Post Company

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    Lawmakers Under Scrutiny in Probe of Lobbyist

    .:tile t U l l ~ f ) i n f l t { i l n ~ ~ l o ~ tLawmakers Under Scrutiny inProbe of LobbyistNey and DeLay Among the Members of Congress Saidto Be a Focus of Abramoff InvestigationBy Susan Schmidt and James V.GrimaldiWashington Post StaffWritersSaturday, November 26, 2005TIle Justice Department's wide-ranging investigation offormer lobbyist Jack Abramoff has entered a highlyactive phase as prosecutors are beginning to move onevidence pointing to possible corruption in Congressand executive branch agencies, lawyers involved in thecase said.

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    Prosecutors have already told one lawmaker, Rep. Robert W. Ney (R-Ohio), and his former chief ofstaff that they are preparing a possible bribery case against them, according to two sourcesknowledgeable about the matter who spoke on the condition of anonymity.The 35 to 40 investigators and prosecutors on the Abramoffcase are focused on at least half a dozenmembers of Congress, lawyers and others close to the probe said. The investigators are looking atpayments made by Abramoff and his colleagues to the wives of some lawmakers and at actions taken bysenior Capitol Hill aides, some ofwhom went to work for Abramoff at the law firm Greenberg TraurigLLP, lawyers and others familiar with the probe said.Former House majority leader Tom DeLay (R), now facing separate campaign finance charges inhishome state of Texas, is one of the members under scrutiny, the sources said. Sen. Conrad Burns(R-Mont.), Rep. John T. Doolittle (R-Calif.) and other members of Congress involved with Indian affairs,one of Abramoffs key areas of interest, are also said to be among them.Prosecutions and plea deals have become more likely, the lawyers said, now that Abramoffs formerpartner -- public relations executive Michael Scanlon -- has agreed to plead guilty to conspiracy and totestify about gifts that he and his K Street colleagues showered on lawmakers, allegedly in exchange forofficial favors.

    An attorney for DeLay, whose wife worked for a lobbying firm that received client referrals fromAbramoff, said there was no connection between her work and congressional business. A spokesman forDoolittle, whose wife received payments from Abramoffs lobbying firm, also said there was noconnection with her husband's position. Burns's office has said his actions were consistent with hissupport for improving conditions for Indian tribes.Ney is the congressman whose name has surfaced most prominently in the Abramoff investigation. Hisspokesman and attorney have said for weeks that Ney has not been told he is a target of the inquiry,even while acknowledging that his office has received a grand jury subpoena and that his activities werementioned in Scanlon's plea agreement.

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    But the sources said that during the third week of October prosecutors told Ney and his former chief ofstaff, Neil Volz, that they were preparing a bribery case based in part on activities that occurred inOctober 2000. Abramoff and another business partner, Adam Kidan, were also told that they are targetsin that case, the sources said.The five-year statute of limitations for filing charges based on those events expired last month; theprosecutors sought and received a waiver of the deadline from all four men while they continue theirinvestigation, the sources said. Prosecutors are often able to obtain such waivers by giving the targets achoice of being indicted right away or granting more time to see if information might surface thatexonerates them.Ney's attorney, Mark H. Tuohey, did not return calls seeking comment on the waiver. Ney spokesmanBrian Walsh said the office had no comment , as did a lawyer for Volz.The attorneys of Abramoff and Kidan did not return calls seeking comment.111e events in 2000 that interest investigators are connected to the purchase by Abramoff and Kidan ofSunCruz Casinos, owner of a f leet of Florida gambling boats. Ney twice placed comments in theCongressional Record about SunCruz, first criticizing its former owner when Abramoff and Kidan werein difficult purchase negotiations and then, in October, praising Kidan's new management. Abramoff andKidan are facing trial in January on charges of defrauding lenders in their purchase of the casino boats.The statute of limitations may also soon run out on a 2001 Super Bowl t rip sponsored by SunCruz thatsources said investigators have reviewed. The Washington Post reported earlier this year that aides toBurns and DeLay were ferried to Tampa on a SunCruz corporate je t arranged by Abramoff. Ney and hissons were invited to the 2001 Super Bowl outing, former Abramoff associates said, but did not go.The Hill aides were treated to the game and a night of gambling on a Sun Cruz ship. They were offered$500 in gambling chips, sources knowledgeable about the trip said.111e Post has reported that Burns, who received $137,000 in contributions from Abramofflobbyists andtheir tribal clients, obtained a controversial $3 million school construction grant for one ofAbramoffswealthy tribal clients after pressuring the Bureau ofIndian Affairs.Investigators are also gathering information about Abramoffs hiring of several congressional wives,sources said, as well as his referral of clients to Alexander Strategy Group, a lobbying and consultingfirm run by former senior aides to DeLay. Financial disclosure forms show that the firm employedDeLay's wife, Christine, from 1998 to 2002.Former Abramoff lobbying associates have said that Abramoff shared some of his high-paying clientswith the group, includingMalaysian interests, the Mississippi Choctaw Indian tribe and online gamblingfirms. Federal investigators have questioned some former Abramoff associates about whether thosereferrals were related to Christine DeLay's employment there, sources said.Alexander Strategy Group is run by former DeLay senior staffers Edwin A. Buckham and Tony C.Rudy. Rudy served as DeLay's deputy chief of staff until 200 1, when he took a job with Abramoff, andlater moved on to join Buckham.Investigators are looking into whether Rudy aided Abramoffs lobbying clients while he was working onthe Hill, the sources said, and are reviewing payments from Abramoff clients and associates to LibertyConsulting, a political firm founded by Rudy's wife, Lisa. The Washington Post reported last month that

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    Rudy, while on DeLay's staff, helped scuttle a bill opposed by eLottery Inc., an Abramoff client, andthat Abramoff had eLottery pay a foundation to hire Liberty Consulting.Richard Cullen, an at torney for the DeLays, said Christine DeLay was hired by Buckham, an old familyfriend, to determine the favorite charity of every member of Congress. She was paid $3,200 to $3,400 amonth for three years, or about $115,000 total, he said."I t wasn't like she did this 9 to 5, but it was an ongoing project ," Cul len said. He said Christine DeLay'swork was commensurate with the project and had nothing to do with her husband or any officialcongressional business. "This was something that she found to be very interesting, very challenging andvery worthwhile," Cullen said.Rudy and Buckham and their attorneys did not return calls seeking comment.Abramoff's connections to Doolittle are also of interest to investigators, sources said. Doolittle's formerchief of staff, Kevin A. Ring, went to work with Abramoff. Doolittle's wife, Julie, owned a consultingf irm that was hired by Abramoff and his firm, Greenberg Traurig , to do fundra ising for a char ity hefounded. Two sources close to the investigation said that Ring, while working for Abramoff, was anintermediary in the hiring of Julie Doolittle's firm, Sierra Dominion Financial Solutions Inc., which lastyear received a subpoena f rom the grand jury investigating Abramoff.Julie Doolittle's attorney, William L. Stauffer Jr., said Siena Dominion Financial was hired by GreenbergTraurig to provide "event planning, marketing and related services, as requested by Mr. Abramoff' forAbramoffs Capital Athletic Foundation and his Signatures restaurant. Sierra Dominion received amonthly retainer from Greenberg Traurig from January 2003 until February 2004, at a rate similar to thatpaid by other Sierra Dominion clients, Stauffer said.Abramoff frequently used the athletic foundation as a pass-through organization to run lobbying effortsand to pay for expenses, records show. Julie Doolittle was hired to put on a fundraiser for the foundationat the International Spy Museum, but the event was canceled because it had been scheduled to takeplace just at the I raq war was commencing, Stauffer said."Sierra Dominion primarily performed public relations and other event planning services for the SpyMuseum event," Stauffer said in an e-mail reply to questions. "This included responding to all individualscalling the Capital Athletic Foundation concerning the Spy Museum event, identifying (and contacting)possible attendees for the event, and assisting in fund raising strategy and letters."Doolittle's office denied any connection between the firm's work and official acts."In no way did Sierra Dominion's business services work for Greenberg Traurig have any relationship toCongressman Doolittle's official duties as a member of the House of Representatives," said Doolittlespokeswoman Laura Blackrnann."Congressman Doolittle has never received a subpoena regarding this matter, nor has he ever beencontacted by the Justice Department to provide information or be questioned," she said.The Justice Department investigation is also looking into Abramoffs influence among executive branchofficials. Sources said prosecutors are continuing to seek information about Abramoffs dealings withthen-Deputy Interior Secretary J. Steven Griles, including a job offer from the lobbyi st at a time when hewas seeking department act ions on behalf of his tribal clients.

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    The former top procurement official in the Bush administration, David H. Safavian, has already beencharged with lying and obstruction of justice in connection with the Abramoff investigation. Safavian,who traveled to Scotland with Ney on a golfouting arranged by Abramoff, is accused of concealing fromfederal investigators that Abramoffwas seeking to do business with the General Services Administrationat the time of the golftrip. Safavian was then GSA chi