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April 29, 2006
Prosecutors widen probe of Rep. Ney
Abramoff may testify for feds in corruption case against Ohio
Republican
By Susan Schmidt and Chris Cillizza
Federal prosecutors signaled this week that they have decided to
pursue a wide range of allegations about dealings between Rep. Robert
W. Ney (R-Ohio) and lobbyist Jack Abramoff, rather than bringing a
narrowly focused bribery case against the congressman.
Ney faces a primary challenge in his eastern Ohio district Tuesday, as
his ties to Abramoff have become national news.
It is the first time since his 1994 election to Congress that Ney has
had to compete for his party's nomination.
Ney has been under investigation by federal authorities in Florida and
the District for actions that helped Abramoff and two partners buy a
Fort Lauderdale-based casino cruise line.
The deal that Ney promoted in the Congressional Record hinged on the
Abramoff group's creation of a counterfeit $23 million wire transfer.
The Miami U.S. Attorney's office has vied with the Justice
Department's Public Integrity Section over who would have primary
jurisdiction in the Ney investigation.
Last month, the Justice Department decided that any case would be
brought in the District.
Under the statute of limitations, Thursday was the deadline for
bringing bribery charges against Ney focused solely on his actions
related to the Florida casino boat transaction.
Ney's lawyer, Mark Tuohey, said he has been in talks with Justice
Department officials and expects to know within a month or two whether
Ney will face criminal charges.
He said the department asked for another extension of the statute of
limitations in recent days, but this time Ney declined.
"We're going through the facts with the government. I don't think
there's a crime here," Tuohey said.
"Nothing's decided."
Witnesses for the prosecution
Court papers filed in recent months show that prosecutors have lined
up at least four cooperating witnesses against the Ohio congressman:
Abramoff, former congressional aides Michael Scanlon and Tony C. Rudy
and businessman Adam Kidan.
All have pleaded guilty to various conspiracy, fraud or public
corruption charges.
The court filings that accompanied the plea agreements of Abramoff,
Scanlon and Rudy accused Ney of accepting "a stream of things of
value" in exchange for official actions.
Prosecutors signaled their intentions with Ney by identifying him as
"Representative #1" in pleadings filed with the court.
In October, Ney was formally notified that he was under criminal
investigation, and at the prosecutors' request he agreed to extend the
five-year statute of limitations for six months while they
investigated possible bribery charges.
Ney's actions involving the cruise line could still expose him to
criminal liability if the government brings a conspiracy case against
him, legal analysts said. In that instance, the statute of limitations
is pegged to the date of the last alleged criminal act in a chain, not
the first.
Helping lobbyist on the Hill
Ney's involvement with the cruise line took place in 2000, when
Abramoff and partners Kidan and Ben Waldman were in difficult
negotiations to buy the SunCruz Casinos from Fort Lauderdale
businessman Konstantinos "Gus" Boulis.
Ney placed comments in the Congressional Record that year that first
put pressure on Boulis to sell to the Abramoff group, and later
praised the new owners as Boulis was complaining he had been cheated
in the sale.
Boulis was murdered in a gangland-style hit in early 2001.
Three men with ties to Kidan and to the Gambino crime family face
murder charges in the slaying.
Ney was involved with Abramoff and his lobbying team on other issues
under federal investigation.
In 2002, Ney sponsored legislation at the team's request to reopen a
casino for a Texas Indian tribe that Abramoff represented, and
approved a 2002 license for an Abramoff client to wire the House of
Representatives for mobile phone service.
At the same time, Ney accepted many favors from Abramoff, among them
campaign contributions, dinners at the lobbyist's downtown restaurant,
skybox fundraisers including one at his then-MCI Center box the month
after Boulis's murder, and a lavish golf junket to Scotland in August
2002.
Ney was directly implicated by three of the four who have recently
pleaded guilty to conspiracy and bribery charges: Abramoff, Scanlon
and Rudy.
Kidan's attorney said his client also would testify against Ney if
asked.
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And on and on and on
Harry
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