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Scandal In the Bush Administration: Michael Scanlon and Rep. Richard Ney Join Lobbyist Jack Abramoff and Tom Delay
The Dalay-Abramoff-Rove-Libby scandal widens, and may consume the Bush Administration.
          
Abramoff Probe Spreads to White House, 4 Lawmakers
Reuters, Friday 25 November 2005

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New York - The US Justice Department's probe of Republican lobbyist Jack Abramoff is broader than previously thought, examining his dealings with four lawmakers, former and current congressional aides and two former Bush administration officials, the Wall Street Journal reported on Friday.

Prosecutors in the department's public integrity and fraud divisions are looking into Abramoff's dealings with four Republicans - former House of Representatives Majority Leader Tom DeLay of Texas, Rep. Bob Ney of Ohio, Rep. John Doolittle of California and Sen. Conrad Burns of Montana, the paper said, citing several people close to the investigation.

Abramoff is under investigation over his lobbying efforts for Indian tribes with casinos. He has also pleaded not guilty to federal charges in Florida that he defrauded lenders in a casino cruise line deal.

The prosecutors are also investigating at least 17 current and former congressional aides, about half of whom later took lobbying jobs with Abramoff, as well as an official from the Interior Department and another from the government's procurement office, the Journal said.

Justice Department spokesman Paul Bresson declined to comment on the investigation.

The newspaper said investigators were looking into whether Abramoff and his partners made illegal payoffs to the lawmakers and aides in the form of campaign contributions, sports tickets, meals, travel and job offers, in exchange for helping their clients.

DeLay and Ney have already retained criminal defense lawyers.

Spokespeople for the two lawmakers told the Journal that they have both hired lawyers and have not been contacted by the Justice Department.

Michael Scanlon, a former aide to DeLay and partner to powerful Republican lobbyist Abramoff, pleaded guilty to conspiracy on Monday under a deal in which he is cooperating with prosecutors probing the alleged influence-buying.

Scanlon left DeLay's office and become a partner to Abramoff, who has been indicted for fraud in a separate case in Florida. The plea agreement has been seen as a major advance in prosecutors' efforts to investigate the lobbyist.

Corruption Inquiry Threatens to Ensnare Lawmakers
By Philip Shenon, The New York Times, 20 November 2005

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Washington - The Justice Department has signaled for the first time in recent weeks that prominent members of Congress could be swept up in the corruption investigation of Jack Abramoff, the former Republican superlobbyist who diverted some of his tens of millions of dollars in fees to provide lavish travel, meals and campaign contributions to the lawmakers whose help he needed most.

The investigation by a federal grand jury, which began more than a year ago, has created alarm on Capitol Hill, especially with the announcement Friday of criminal charges against Michael Scanlon, Mr. Abramoff's former lobbying partner and a former top House aide to Representative Tom DeLay.

The charges against Mr. Scanlon identified no lawmakers by name, but a summary of the case released by the Justice Department accused him of being part of a broad conspiracy to provide "things of value, including money, meals, trips and entertainment to federal public officials in return for agreements to perform official acts" - an attempt at bribery, in other words, or something close to it.

Mr. Abramoff, who is under indictment in a separate bank-fraud case in Florida, has not been charged by the federal grand jury here. But Mr. Scanlon's lawyer says he has agreed to plead guilty and cooperate in the investigation, suggesting that Mr. Abramoff's day in court in Washington is only a matter of time.

Scholars who specialize in the history and operations of Congress say that given the brazenness of Mr. Abramoff's lobbying efforts, as measured by the huge fees he charged clients and the extravagant gifts he showered on friends on Capitol Hill, almost all of them Republicans, the investigation could end up costing several lawmakers their careers, if not their freedom.

The investigation threatens to ensnarl many outside Congress as well, including Interior Department officials and others in the Bush administration who were courted by Mr. Abramoff on behalf of the Indian tribe casinos that were his most lucrative clients.

The inquiry has already reached into the White House; a White House budget official, David H. Safavian, resigned only days before his arrest in September on charges of lying to investigators about his business ties to Mr. Abramoff, a former lobbying partner.

"I think this has the potential to be the biggest scandal in Congress in over a century," said Thomas E. Mann, a Congressional specialist at the Brookings Institution. "I've been around Washington for 35 years, watching Congress, and I've never seen anything approaching Abramoff for cynicism and chutzpah in proposing quid pro quos to members of Congress."

Even by the gold-plated standards of Washington lobbying firms, the fees paid to Mr. Abramoff were extraordinary. A former president of the College Republicans who turned to lobbying after a short-lived career as a B-movie producer, Mr. Abramoff, with his lobbying team, collected more than $80 million from the Indian tribes and their gambling operations; he was known by lobbying rivals as "Casino Jack."

Mr. Abramoff's lobbying work was not limited to the casinos, though. Newly disclosed documents from his files show that he asked for $9 million in 2003 from the president of Gabon, in West Africa, to set up a White House meeting with President Bush; there was an Oval Office meeting last year, although there is no evidence in the public record to show that Mr. Abramoff had a role in the arrangements.

Fred Wertheimer of Democracy 21, an ethics watchdog group that has called for tighter lobbying rules, said it was too early to say whether the Abramoff investigation would produce anything like the convulsion in Congress during the Abscam investigations of the 1980's, when one senator and five House members were convicted on bribery and other charges after an F.B.I. sting involving a phony Arab sheik.

"But this clearly has the potential," Mr. Wertheimer said.

So far, one member of Congress, Representative Bob Ney, an Ohio Republican who is chairman of the House Administration Committee, has acknowledged receiving a subpoena from the grand jury investigating Mr. Abramoff. Another, Representative John T. Doolittle, Republican of California, has acknowledged that his wife, who helped Mr. Abramoff organize fund-raisers, was subpoenaed.

The Justice Department signaled last month that Mr. DeLay had come under scrutiny in the investigation, over a trip that Mr. Abramoff arranged for Mr. DeLay and his wife to Britain in 2000 that included rounds of golf at the fabled course at St. Andrews in Scotland.

The department revealed its interest in Mr. DeLay, who is under indictment in Texas in an unrelated investigation involving violations of state election laws, in an extraordinary request to the British government that police there interview former Prime Minister Margaret Thatcher about the circumstances of a meeting in London with Mr. DeLay during the trip five years ago.

London newspapers quoted a document prepared by the British Home Office that outlined the Justice Department's investigation and said that "it is alleged that Abramoff arranged for his clients to pay for the trips to the U.K. on the basis that Congressman DeLay would support favorable legislation."

Richard Cullen, a lawyer for Mr. DeLay, said in an interview Friday that he was "glad that the Justice Department is looking into all aspects of the trip because I think that a thorough investigation will show that the trip was substantive and transparent."

Mr. Cullen said that shortly after he was hired several months ago, he contacted the Justice Department "to let them know that Mr. DeLay is available to cooperate in any way."

The lawyer said he was "convinced that when the Justice Department completes its investigation of Abramoff and Scanlon, that it will be clear Tom DeLay has acted ethically and has conducted himself consistent with all laws and House standards of conduct." He said he had not heard from federal prosecutors since the initial contacts.

The situation could be more serious for Mr. Ney, a five-term lawmaker whose position as chairman of the House Administration Committee gives him power over the operations of the Capitol building and allows him to divide up Congressional perks like office space and parking.

Mr. Ney's ties to Mr. Abramoff have been revealed slowly over the last year, largely through testimony before the Senate Indian Affairs Committee, which has held a series of hearings into accusations that Mr. Abramoff and Mr. Scanlon defrauded their Indian tribe clients.

Mr. Ney was not identified by name in the documents filed against Mr. Scanlon on Friday. But the Ohio lawmaker's lawyers acknowledged that Mr. Ney was the lawmaker identified as "Representative #1" in the Justice Department papers, which charged Mr. Scanlon with conspiring to provide "Representative #1" with a golfing trip to Scotland, meals at Mr. Abramoff's Washington restaurant and campaign contributions.

Mr. Ney took part in a golf trip to Scotland in 2002 with Mr. Abramoff, where they played at St. Andrews, as Mr. DeLay had done two years earlier. Documents and testimony to Congress showed that Mr. Abramoff had asked an Indian tribe in Texas to sponsor the trip and that Mr. Ney was then asked for his help in trying to reopen a casino owned by the tribe that had been shuttered by state officials.

Mr. Ney was also a regular at Signatures, the expensive Washington restaurant that Mr. Abramoff owned and used to entertain clients, colleagues and lawmakers. Former Signatures employees have said that Mr. Ney frequently ate and drank at the restaurant without paying. Mr. Ney has acknowledged the gifts but said they were within limits set by Congressional ethics rules.

Abramoff Associate Charged In Scheme U.S. Alleges Plot To Bribe Lawmaker
By Susan Schmidt and James V. Grimaldi, Washington Post Staff Writers
Saturday, November 19, 2005; A01

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Former public relations executive Michael Scanlon was charged yesterday with conspiring with former lobbyist Jack Abramoff to bribe government officials, including a congressman, and bilk millions of dollars from Indian tribes.

The government officials were not named in a court document filed by federal prosecutors in the District. But the document's description of legislative favors allegedly provided by a person identified as "Representative #1" matches the actions of Rep. Robert W. Ney (R-Ohio), chairman of the House Administration Committee.

Ney, who this month received a grand jury subpoena for testimony and documents, has denied any wrongdoing. His attorney, Mark H. Tuohey, confirmed yesterday that Ney is the congressman referred to in the charging document but said prosecutors have not alleged that Ney had knowledge of any bribery scheme.

"He was wined and dined the way lots of political people are, and he did some official acts, but there's no connection between the two," Tuohey said. "I've had no indication he's a target of anything."

Scanlon, 35, is charged with one count of conspiracy. He has agreed to cooperate with prosecutors, said sources familiar with the investigation who spoke on the condition of anonymity. Such cooperation from a pivotal figure in the Abramoff case is a major advance in the 18-month federal investigation into alleged bribery and corruption involving the lobbyist, members of Congress and executive branch agencies.

In the court documents, prosecutors said Scanlon, once a press aide to former House majority leader Tom DeLay (R-Tex.), worked with Abramoff in a scheme in which the lobbyist would direct tribes to hire Scanlon's public relations firm without telling them Scanlon had agreed to kick back half of the profits to Abramoff.

Prosecutors said the conspiracy also involved a scheme to "corruptly offer and provide things of value, including money, meals, trips and entertainment to federal public officials in return for agreements to perform official acts."

Scanlon, who could receive a maximum of five years on the conspiracy charge, is scheduled to appear at a hearing in U.S. District Court here on Monday.

"Mr. Scanlon and the Department of Justice will present a proposed plea agreement to the court to resolve the charge in the information," said Scanlon's attorney, Stephen L. Braga.

Abramoff's attorney, Abbe D. Lowell, declined to comment on the charges against Scanlon.

Scanlon and Abramoff received $82 million in lobbying and public relations fees from half a dozen Indian tribes they represented from 2000 to 2004. Reports of those enormous fees -- coupled with millions in political contributions made by the tribes at Abramoff's direction -- prompted a Senate investigation and the Justice Department probe that resulted in the case filed yesterday.

Investigations related to Abramoff's activities in Washington and Florida have resulted in six previous indictments. Abramoff and a business partner were indicted in August in connection with their allegedly fraudulent purchase in 2000 of a Florida casino ship company. In September, three other men were indicted in the 2001 gangland-style slaying of the former owner of the cruise ships. And in October, David H. Safavian, the White House's top procurement official and a former Abramoff associate, was indicted for allegedly lying to federal investigators.

In the charging document filed yesterday, prosecutors said Scanlon and Abramoff "provided a stream of things of value to Representative #1 and members of his staff," including a "lavish" Scotland golf trip in 2002, tickets to sporting events and meals at Abramoff's Pennsylvania Avenue restaurant. The two also allegedly provided campaign contributions to Ney's political action committee and to other political committees on Ney's behalf.

In return, federal prosecutors allege, Ney agreed to "support and pass legislation," meet with Scanlon and Abramoff clients, and place statements in the Congressional Record. Ney also agreed to help an Abramoff client get the contract to install a wireless telephone system in the House office buildings.

Public records show that Ney placed comments in the Congressional Record favorable to Abramoff's 2000 purchase of the casino boat company, SunCruz Casinos. Two sources involved in the case, who spoke on the condition of anonymity, said prosecutors have e-mails in which Abramoff and Scanlon discussed making contributions to the National Republican Congressional Committee that Ney could take credit for as an inducement to getting him to place comments in the Congressional Record.

In March 2002, Ney agreed to back legislative language that would benefit the Tigua tribe of El Paso, an Abramoff and Scanlon client. The lobbyists wanted Ney's help to reopen the Tigua casino, which the state of Texas had shut down.

"Just met with Ney!!! We're f'ing gold!!!! He's going to do Tigua," Abramoff told Scanlon in a March 20, 2002, e-mail made public by Senate investigators.

Six days later, Abramoff directed tribal officials to make three contributions totaling $32,000 to Ney's campaign and political action committees. A Ney spokesman recently said that money has since been donated to Ohio charities and Ney said in a statement a year ago that he had been misled.

"I am absolutely outraged by the dishonest and duplicitous words and actions of Jack Abramoff," Ney said in November 2004. "I too was misled and I regret that I put faith in the representations that he made to me."

Ney also approved granting a 2002 license to install cellular telephone antennas in House office buildings to an Israeli telecommunications company. The company had donated to an Abramoff-controlled charity and later became Abramoff's lobbying client.

When Ney informed the House on Nov. 4 that he had been subpoenaed by the Abramoff grand jury, his spokesman said Ney had not been informed that he was a target of the investigation. His spokesman, Brian Walsh, reiterated that yesterday.

"Congressman Ney will fully cooperate in the investigation of the Abramoff matter," Walsh said in a statement. "He has not been told that he is the target of any investigation and there would be no grounds to do so. Mr. Scanlon's being charged with lying to and cheating his clients does not change that. In the meantime, the Congressman will continue to focus on working hard and doing the job he was sent to Congress to do."

Scanlon worked until 2000 for DeLay, who stepped down from his leadership post in September after being charged with violating campaign finance laws in Texas. When Scanlon left Capitol Hill to join forces with Abramoff, he was still paying off student loans. Soon he was buying millions of dollars in real estate and traveling by helicopter and corporate jet.

The charge against Scanlon alleges that Abramoff advised tribes in Mississippi, Louisiana and Michigan to hire Scanlon's company, Capital Campaign Strategies LLC, for grass-roots public relations work while hiding the fact that Abramoff would receive half the profits. The purpose of the scheme, the prosecutors allege, was to "enrich themselves by obtaining substantial funds from their clients through fraud and concealment and through obtaining benefits for their clients through corrupt means."

Prosecutors detailed the alleged fraud perpetrated on four tribes, contending that Scanlon billed the four tribes $53 million and then kicked back $19 million to Abramoff.

Abramoff's lobbying fees had to be publicly reported under federal rules, but Scanlon's public relations fees were not subject to public scrutiny.

At the time Abramoff was one of Washington's most successful Republican lobbyists, first at the firm of Preston Gates and then jumping in early 2001 to Greenberg Traurig. He was ousted from Greenberg Traurig in March 2004, after reports in The Washington Post about his fees and the funds he received from Scanlon.

Greenberg Traurig has since reached settlements with several tribes, agreeing to return millions in fees collected by its former lobbying star.

© 2005 The Washington Post Company

Ex-Republican aide charged in corruption case
By James Vicini, Reuters
Friday, November 18, 2005; 11:32 PM

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WASHINGTON (Reuters) - A one-time aide to former House Republican Leader Tom DeLay of Texas has been charged with conspiring with his lobbyist partner Jack Abramoff to defraud Indian tribes of millions of dollars and to corruptly give gifts to a member of Congress, prosecutors said.

The filing of the one-count charge in federal court against Michael Scanlon, was contained in what is called a criminal information, usually used in cases involving a plea agreement, rather than in an indictment.

The New York Times reported on its Web site that Scanlon had agreed to plead guilty on Monday. "Mr. Scanlon and the Department of Justice will present a proposed plea agreement to the court to resolve the charge," his lawyer, Stephen Braga, was quoted as saying.

The charge was filed in federal court on Thursday and made public on Friday.

According to the charge, Scanlon and Abramoff, once a powerful Washington lobbyist, provided a stream of things of value to a member of Congress, identified only as "Representative No. 1," from January 2000 through April of last year.

The lawmaker and members of his staff received a lavish golf trip to Scotland, tickets to sporting events and other entertainment, regular meals and campaign contributions in return for supporting legislation, according to the court documents.

Rep. Bob Ney, a Republican from Ohio, said recently he had received a subpoena as part of the U.S. Justice Department's investigation of Abramoff.

A spokesman for Ney said the lawmaker will fully cooperate in the investigation. "He has not been told that he is the target of any investigation and there would be no grounds to do so. Mr. Scanlon's being charged with lying to and cheating his clients does not change that," the spokesman said.

According to the seven-page court document, the conspiracy's purpose was for Scanlon and Abramoff "to enrich themselves by obtaining substantial funds from their clients through fraud and concealment and through obtaining benefits for their clients through corrupt means."

A Justice Department spokesman said a hearing had been scheduled for Monday in federal court in Washington in Scanlon's case, but refused to give any details.

The documents described Scanlon's dealings with "Lobbyist A," with whom he worked. Although the lobbyist was not identified by name, a source close to the investigation said that it was Abramoff.

Scanlon's former boss, DeLay, faces conspiracy and money laundering charges in Texas as part of a campaign finance investigation. He resigned as majority leader in September when he was indicted.

Abramoff has pleaded not guilty to federal charges in Florida that he defrauded lenders in a casino cruise line deal.

The charges involving Scanlon said Abramoff solicited an Indian tribe in Mississippi in 1995 as a client for lobbying services on various issues.

Abramoff recommended that the tribe hire Scanlon's company, Capital Campaign Strategies, while concealing the fact that Abramoff would get half of the profits from the tribe's payments to Scanlon, according to the court papers.

The tribe paid Scanlon's firm $14.8 million from June 2001 through April 2004, while Scanlon concealed from the tribe that 50 percent of the profit, about $6.3 million, was kicked back to Abramoff under their secret arrangement, according to the papers.

The court documents detailed similar arrangements for tribes in Louisiana, Michigan and Texas.

Scanlon Charged With Conspiracy to Defraud
By PETE YOST, The Associated Press
Friday, November 18, 2005; 10:47 PM

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WASHINGTON -- In a widening scandal on Capitol Hill, the government charged a partner of lobbyist Jack Abramoff on Friday with conspiracy to defraud American Indian tribes of millions of dollars in a scheme that lavished trips, sports tickets and campaign donations on a member of Congress.

Michael Scanlon, an ex-aide to former House Majority Leader Tom DeLay, is headed to federal court Monday on a single count contained in a criminal information, which typically is a prelude to a guilty plea and cooperation with government investigators.

The eight-page information says Scanlon and a person identified only as "Lobbyist A" provided "a stream of things of value" to a member of Congress, identified only as "Representative No. 1," to aid an effort to pass legislation.

It has been a matter of public record for more than a year that Scanlon and Abramoff had a fee-splitting arrangement and represented several American Indian tribes.

Rep. Bob Ney, R-Ohio, was identified by his lawyer late Friday as Representative No. 1.

"I've talked to the Department of Justice on this and he's not part of this conspiracy," said Mark Tuohey, a Washington attorney representing Ney. "Yes, he did perform certain acts _ his office did _ and there was certain other wining and dining situations like other people do, but he's the victim. He was misled."

Ney's name surfaced almost a year ago in a Senate Indian Affairs Committee investigation as having extensive dealings with the two lobbyists and their tribal clients. Abramoff and Scanlon were paid more than $80 million between 2001 and 2004 by six American Indian tribes with casinos.

"One thing I have learned here from our grandparents and our elders is patience," said Carlos Hisa of the Texas Tigua tribe that hired Abramoff. "You just sit down and wait. Give them a little bit more rope, as they say, and they will hang themselves."

Ney early this month started a legal defense fund. He has denied any wrongdoing and says he was duped into backing Abramoff's clients.

Abramoff's lobbying network stretched far and wide in the halls of Congress. The Associated Press reported Thursday that nearly three dozen lawmakers pressed to block an American Indian casino in Louisiana while collecting large donations from the lobbyist and his tribal clients.

DeLay, R-Texas, is among those facing scrutiny for his associations with Abramoff, including a trip to Scotland and use of Abramoff's skybox at a Washington sports arena. DeLay relinquished his leadership post after his indictment on state felony charges in Texas.

In addition, the Bush administration's former top procurement official has been indicted for not telling investigators that Abramoff had business before the official's agency when the official went on a golf trip to Scotland _ a trip outlined in the court papers on Scanlon.

In the Scanlon case, prosecutors say that the former DeLay aide and the lobbyist "sought and received Representative No. 1's agreement to perform a series of official acts."

The acts, said the court papers, included "agreements to support and pass legislation, agreements to place statements into the Congressional Record, meeting with Lobbyist A and Scanlon's clients, and advancing the application of Lobbyist A for a license to install wireless telephone infrastructure in the House of Representatives."

Scanlon and Lobbyist A provided "a lavish trip to Scotland to play golf on world-famous courses, tickets to sporting events and other entertainment, regular meals at Lobbyist A's upscale restaurant, and campaign contributions for Representative No. 1, his political action committee and other political committees on behalf of Representative No. 1." Abramoff owned Signatures restaurant in Washington, D.C.

Ney started helping Abramoff clients in 2000, when the congressman entered comments in the Congressional Record against a man who was standing in the way of Abramoff's plans to purchase gambling boats in Florida. Four months later, the man was murdered.

Abramoff has been indicted by a federal grand jury in Florida on charges of fraud and conspiracy stemming from his role in the 2000 purchase of the fleet of gambling boats. He has pleaded not guilty.

Ney took a golf trip to Scotland in 2002 that Abramoff sponsored. House members are allowed to accept trips from outside groups but not from lobbyists. Ney said in March that Abramoff told him a GOP policy group paid for the trip. The group said it didn't pay for the trip, and tax records subsequently showed Abramoff's charity paid for it. Ney has denied any wrongdoing.

In private e-mails released by the Senate Indian Affairs Committee, Abramoff said he had persuaded Ney to attach language to an election reform bill to help an American Indian tribe in Texas reopen a closed casino. Abramoff directed a Texas tribe, the Tiguas, to donate to Ney's re-election campaign and his PAC by e-mail.

In another e-mail, Abramoff told a Tigua representative that "our friend" had asked them to pay for the Scotland trip. The tribal representative, Marc Schwartz, later testified to the Senate that "our friend" referred to Ney.

Ney's election campaign failed to report the use of Abramoff's $1,500 luxury suite at a Washington Wizards basketball game in 2003.

Charges outlined in documents filed Friday allege that Lobbyist A solicited an American Indian tribe in Mississippi in 1995 to provide lobbying services on taxes and other issues relating to tribal sovereignty.

The lobbyist then allegedly recommended that the tribe hire Scanlon's company, Capital Campaign Strategies, while concealing the fact the Lobbyist A would receive 50 percent of the profits from the tribe's payment to Scanlon.

The Mississippi tribe paid Scanlon's firm $14.8 million from June 2001 through April 2004, while Scanlon concealed from the tribe that 50 percent of the profit "was kicked back to Lobbyist A pursuant to their secret arrangement."

The court papers detailing the conspiracy charge say that Scanlon and Lobbyist A had identical kickback arrangements for tribes in Louisiana, Texas and Michigan. The amounts of money were $30.5 million for the tribe in Lousiana, $3.5 million for the one in Michigan, and $4.2 million for the one in Texas.

Abramoff and Ney: The Congressman And the Lobbyist

Correction to This Article (below)
An Oct. 18 article incorrectly reported that Rep. Robert W. Ney (R-Ohio) defeated an incumbent Democrat in 1994. It should have said Ney replaced a retiring Democrat
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Lawmaker's Abramoff Ties Investigated
Ohio's Ney Has Disavowed Lobbyist

By James V. Grimaldi and Susan Schmidt, Washington Post Staff Writers
Tuesday, October 18, 2005; A01

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As federal officials pursue a wide-ranging investigation into the activities of Washington lobbyist Jack Abramoff, his arrest on fraud charges in the purchase of a Florida casino boat company has increasingly focused attention on a little-known congressman from rural Ohio.

Rep. Robert W. Ney (R-Ohio) placed comments in the Congressional Record favorable to Abramoff's 2000 purchase of the casino boat company, SunCruz Casinos. Two years later, Ney sponsored legislation to reopen a casino for a Texas Indian tribe that Abramoff represented.

Ney approved a 2002 license for an Israeli telecommunications company to install antennas for the House. The company later paid Abramoff $280,000 for lobbying. It also donated $50,000 to a charity that Abramoff sometimes used to secretly pay for some of his lobbying activities.

Meanwhile, Ney accepted many favors from Abramoff, among them campaign contributions, dinners at the lobbyist's downtown restaurant, skybox fundraisers, including one at his MCI Center box, and a golfing trip to Scotland in August 2002. If statements made by Abramoff to tribal officials and in an e-mail are to be believed, Ney sought the Scotland trip after he agreed to help Abramoff's Texas Indian clients. Abramoff then arranged for his charity to pay for the trip, according to documents released by a Senate committee investigating the lobbyist.

Ney is under investigation by Florida federal prosecutors looking into Abramoff's acquisition of SunCruz, according to sources familiar with the investigation who spoke on the condition of anonymity. Abramoff and his business partner Adam Kidan were indicted in August on fraud charges related to the purchase.

Ney declined to be interviewed. He has said his actions benefiting Abramoff had nothing to do with the favors he received. He said he was misled by Abramoff and his associates.

"I am absolutely outraged by the dishonest and duplicitous words and actions of Jack Abramoff," Ney said last year when Abramoff's statements about Ney first came up in e-mails released by the Senate Indian Affairs Committee. "As the testimony at both committee hearings has revealed, Jack Abramoff repeatedly lied to advance his own financial interests."

Abramoff, whose attorneys declined to comment for this article, has publicly denied that he misled Ney.

This spring, Ney hired a prominent Washington criminal defense lawyer, Mark Tuohey, to handle inquiries from the Justice Department and congressional investigators pursuing the widening scandal. Tuohey has not returned phone calls in recent weeks to discuss his client.

Comments for SunCruz

A six-term congressman from rural eastern Ohio, Ney, 51, does not have a national profile. A former teacher and public safety director for his home town of Bellaire, Ney was an Ohio legislator in 1994 when he defeated the Democratic incumbent in the congressional district once represented by Wayne Hays (D).

But to members of Congress, Ney is known as the mayor of Capitol Hill. Ney is Administration Committee chairman, a powerful position that doles out budgets, equipment, offices and parking spaces to House members. These perks are used by House Republican leaders to keep their rank and file in line.

Ney became chairman of the committee thanks to his political patron, Rep. Tom DeLay (R-Tex.), who recently stepped down as House majority leader after he was indicted on a charge of conspiracy to violate a Texas campaign law. Shortly after Ney arrived in the House in 1994, he became a part of DeLay's Retain Our Majority Program (ROMP), a fundraising effort in which GOP colleagues donated to Republicans such as Ney in districts without a safe majority. After lines were redrawn to make Ney's district more Republican, he returned the favor, donating to other vulnerable House Republicans. That helped him earn his chairmanship in 2001, leapfrogging over a colleague with more seniority.

Ney and Abramoff, whom DeLay once described as "one of my closest and dearest friends," crossed paths as early as 1996. That year Ney took a trip to Montenegro sponsored by a foundation that had links to Abramoff, who was a lobbyist for Montenegro.

A few years later, Ney paid unusual attention to another Abramoff client, the Florida gambling boat company SunCruz, which was headquartered more than 1,000 miles outside of Ney's congressional district. Abramoff and his business partner were trying to buy the cruise ship fleet from Konstantinos "Gus" Boulis, but Boulis was demanding unwelcome additional terms.

In March 2000, Ney used the Congressional Record to assail Boulis.

"On the Ohio River we have gaming interests that run clean operations and provide quality entertainment," Ney wrote. "I don't want to see the actions of one bad apple in Florida, or anywhere else to affect the business aspect of this industry or hurt any innocent casino patron in our country."

Ney's remarks were orchestrated by Michael Scanlon, a former DeLay spokesman who had just been hired to work for Abramoff at Preston Gates & Ellis LLP. Scanlon had approached Ney through his chief of staff, Neil Volz, according to sources who spoke on the condition of anonymity. Volz has repeatedly declined to be interviewed.

A few months later, Boulis agreed in principle to sell SunCruz to Abramoff and Kidan for $147.5 million. The deal closed in the fall. But Abramoff and Kidan failed to make good on a $23 million payment owed to Boulis, court records show.

When Boulis was being difficult in the negotiations, Ney again made an official statement, this time heaping praise on Kidan.

"Since my previous statement, I have come to learn that SunCruz Casino now finds itself under new ownership and, more importantly, that its new owner has a renowned reputation for honesty and integrity," Ney said in the Congressional Record on Oct. 26, 2000. "The new owner, Mr. Adam Kidan, is most well known for his successful enterprise, Dial-a-Mattress, but he is also well known as a solid individual and a respected member of his community.

"While Mr. Kidan certainly has his hands full in his efforts to clean up SunCruz's reputation, his track record as a businessman and as a citizen lead me to believe that he will easily transform SunCruz from a questionable enterprise to an upstanding establishment that the gaming community can be proud of."

But Kidan's "track record" included a string of lawsuits, judgments, liens, bankruptcies and failed businesses. His Dial-a-Mattress franchise in the District was in bankruptcy. He had filed personal bankruptcy, and he had surrendered his law license in New York after being accused of fraud. One of his mentors, Anthony Moscatiello, was alleged by law enforcement to be an accountant for New York's Gambino crime family.

Ney later said he did not know about Kidan's background.

Four months after Ney's remarks in the Congressional Record, Boulis was murdered in Fort Lauderdale. Police did not make any arrests in the case until September, when they charged four men in the slaying, including Moscatiello and a business associate of Moscatiello's whom Kidan had paid $250,000 as catering consultants.

Five weeks after the Boulis killing, SunCruz officials, including Kidan, threw a $1,000-a-head fundraiser for Ney at Abramoff's skybox at the MCI Center, according to Abramoff's fundraising log.

Language for Tiguas

In early 2002, Volz left his post as Ney's chief of staff to join Abramoff's lobbying team. Soon after, in March 2002, Ney agreed to sponsor legislation that would benefit the Tigua tribe of El Paso, an Abramoff and Scanlon client. They wanted Ney's help to reopen the Tiguas's casino, which the state of Texas had shut down.

"Just met with Ney!!! We're f'ing gold!!!! He's going to do Tigua," Abramoff told Scanlon in a March 20, 2002, e-mail.

Six days later, Abramoff directed tribal officials to make three contributions totaling $32,000 to Ney's campaign and political action committees. A Ney spokesman recently said that money has been donated to Ohio charities.

On June 7, 2002, Abramoff wrote in an e-mail to Tigua consultant Marc Schwartz that "our friend" had "asked if we could help (as in cover) a Scotland golf trip for him and some staff."

The e-mail does not name "our friend," but Schwartz testified in the Senate last fall that it was Ney.

Abramoff wrote that "the trip will be quite expensive (we did this for another member -- you know who) 2 years ago." He was referring to an earlier Scotland golf trip that Abramoff had arranged in 2000 for DeLay. Abramoff suggested to Schwartz that the tribe send $50,000 to a charity he directed, the Capital Athletic Foundation, which would pay for the trip "as an educational mission."

Ney later stated on disclosure forms filed with the House that the August 2002 trip cost $3,200 and was paid for by the National Center for Public Policy Research, a conservative advocacy group on whose board Abramoff served. The Washington Post reported last year that the trip was actually paid for by the Capital Athletic Foundation, which reported in tax records that it spent $150,225 on the trip.

Ney has said he was misled by Abramoff about who paid for the trip.

"In April, 2002, I was approached by Mr. Abramoff, who I believed to be a respected member of the community, and asked to go on a trip to Scotland which Mr. Abramoff said would help support a charitable organization, that he founded, through meetings he organized with Scottish Parliament officials," Ney said in a statement last November.

Ney's report to Congress listed as a purpose of the trip: "speech to Scottish Parliamentarians." However, there is no record of Ney's speech in the Scottish Parliament's register of official visits kept by the external liaison office, which is available on the Web. In addition, at the time of Ney's trip, the Scottish Parliament was out for its August recess, spokeswoman Sally Coyne said.

Ney is not the first public official who has come under scrutiny by investigators for the Scotland trip. David Safavian, then chief of staff at the General Services Administration, also went on the trip with Ney, Abramoff and former Christian Coalition leader Ralph Reed Jr. Safavian, who went on to become the chief White House procurement officer, was indicted this month on charges that he lied to investigators looking into the Scotland trip when he said that Abramoff had no business before the his agency.

The trip, Ney said in his statement last year, had nothing to do with legislation for the tribe.

"I want to be absolutely clear that at no point, ever, was I made even remotely aware that any Indian tribe played any role in this trip," Ney said in his statement.

Ney said he supported the Tigua legislation at Abramoff's request after the lobbyist told him the provision was supported by Sen. Christopher J. Dodd (D-Conn.), who was sponsoring the election reform bill that would carry the Tigua provision.

"I then [in July 2002] personally asked Senator Dodd about this provision and he expressed no knowledge of it," Ney said. "In short, I had been misled by Jack Abramoff. I then asked Jack Abramoff why Senator Dodd was apparently not supporting it and Mr. Abramoff told me that someone had lied to him. The matter was then closed from my perspective."

However, the Tiguas say no one told them the matter was closed. Tigua consultant Schwartz later testified to the Senate Indian Affairs Committee that Ney remained a strong supporter of the Tigua legislation and Abramoff long after his conversation with Dodd.

Schwartz said that in August 2002 -- a month after Ney's reported conversation with Dodd and around the time of the Scotland trip -- Abramoff arranged for Ney to meet with Tigua representatives in his office. Before the meeting, "in an e-mail to me, Abramoff mentioned that Congressman Ney didn't want his trip to Scotland brought up, as he would show his appreciation to the Tribe later," Schwartz testified.

The meeting lasted more than 90 minutes, two tribal members testified at the Senate hearing. The tribal leaders who attended the meeting were pleased and impressed with the outcome, Schwartz said.

"During that meeting, Congressman Ney was very animated about Mr. Abramoff's skill and repute as a leader in the lobbying circles," Schwartz testified. "We were told about the impending success of Mr. Abramoff's legislative plan and how much Congressman Ney wanted to help to restore the Tribe's ability to conduct gaming on their reservation."

Two months later, on Oct. 8, after the election bill came out of a House-Senate conference committee without a Tigua provision, Ney held a conference call with tribal officials and told them of his "disbelief that Dodd had gone back on his word" to support the provision, Schwartz testified. Ney also expressed his continued support for the Tiguas, tribal officials said.

Ney responded to Schwartz's testimony by saying, "I, like these Indian tribes and other members of Congress, was duped by Jack Abramoff."

Ney later said he was very angry at Abramoff and Scanlon, who he said had misled him about Dodd. Ney has called Abramoff and Scanlon's activities in the Tigua episode "nefarious."

Abramoff shot back by referring to the conference call when he spoke to the New York Times Magazine this spring. "It's crazy" for Ney to say he was duped, Abramoff said. "He was on the phone for an hour and a half!"

Contract for Foxcom

In the late 1990s, members of Congress became increasingly frustrated at the lack of cell phone coverage inside the Capitol and its nearby office buildings.

The House decided to let the major wireless companies select -- and pay for -- a company to install antennas for cellular phones. In 1999, AT&T Wireless had asked LGC Wireless of San Jose to work with the House bureaucracy to put the antennas and repeaters into House buildings. The project was one of the largest of its kind, worth more than $3 million.

At the time, LGC was the world's leading provider of such equipment and had wired the headquarters of most cellular phone companies, including Nextel and AT&T. During the next year, LGC worked with the architect of the Capitol and the House Information Resources office to develop a plan.

Then Foxcom Wireless, an Israeli start-up telecommunications firm, entered the picture. Foxcom, which has since moved headquarters from Jerusalem to Vienna, Va., and been renamed MobileAccess Networks, lobbied for the job.

In early 2001, Ney took charge of the House Administration Committee, which was ultimately responsible for the antenna job. Sometime that year, exactly when is unclear, Foxcom donated $50,000 to the Capitol Athletic Foundation, Abramoff's charity. Foxcom officials have declined to be interviewed about the donation or the wireless project. A spokesman for Foxcom, now MobileAccess, referred all questions Monday to Ney's committee.

Also that same year, a decision was delayed on the antennas, which caught House staff by surprise.

"We were really surprised, given all the work we put in with LGC in designing the system," said Henry F. "Bud" Collins Jr., the senior network systems engineer for the House. "Then, all of a sudden this other company showed up. We had to go through this whole thing again."

LGC Chief Operating Officer Alex Gray wrote to Ney to complain about the "highly politicized selection process" that favored the Israeli company despite the House's "Buy American" posture. "Only Foxcom was permitted a full and fair hearing on the merits of its proposal -- essentially a 'back room' deal based on political expediency alone," Gray wrote.

Assistant House Counsel Carolyn Betz, replying on behalf of Ney, said in a letter to LGC that in the fall of 2001 the major wireless companies were receiving ballots to vote on who should get the contract.

In a letter to Betz, LGC president and chief executive Ian Sugarbroad called the election process "deeply flawed and unfair." He said each wireless company was sent a ballot and allowed to vote for LGC, Foxcom or "no preference." There were no details on the bid proposals, such as cost, security features, band capacity or critical performance metrics, Sugarbroad said.

Brian Walsh, Ney's spokesman, provided The Post redacted copies of the ballots. Three show checkmarks in a box next to Foxcom. The other three ballots are marked "no preference."

But representatives of all six companies said they voted no preference, according to interviews and documents. Five of them were interviewed by The Post, and the sixth made its preference known in a letter obtained by The Post.

Spokesmen for the companies -- Cingular, Nextel, Sprint, Verizon Wireless, AT&T Wireless and Voicestream -- said they remained neutral because both LGC and Foxcom were considered capable of doing the job.

Walsh said those statements are "an absolute contradiction to the documentation."

Ney awarded the license to Foxcom on Nov. 26, 2002, Walsh said. He declined to make public a copy of documents relating to the agreement, noting that the Freedom of Information Act does not apply to Congress. He noted that the work was paid for by the wireless companies and not by Congress, and he pointed out that the Senate also chose Foxcom.

LGC had no right to appeal. "This is not a traditional House procurement and, thus, House procurement policies do not apply," Betz stated in her letter to LGC.

Collins, the House engineer who has since retired, said, "It almost seemed like the cards were stacked for them."

After the contract was awarded, Foxcom listed Abramoff as its lobbyist. Over the next two years, Foxcom paid Abramoff's team $280,000.

Researcher Alice Crites and database editor Derek Willis contributed to this report.

Tom DeLay's Smiling Mug Shot and the Domino Theory of Moral Nonresponsibility

 
© 2003 The E-Accountability Foundation