CASES

1. ABSCAM

I. Bribery, Fraud, and Related Offenses

United States v. Jenrette

Criminal Case No. 80-00289 (D.D.C.)

On June 13, 1980, U.S. Representative John W. Jenrette of South Carolina was indicted by a Federal grand jury in the District of Columbia. Indicted with Rep. Jenrette was John R. Stowe, a private citizen living in Richmond, Virginia.

1

Count I of the three count indictment charged the defendants with conspiracy, contrary to 18 U.S.C. § 371.2 Specifically it was alleged that in late 1979 the defendants agreed with "Tony DeVito" that in return for $100,000 Rep. Jenrette would introduce in the U.S. House of Representatives a private immigration bill on behalf of a foreign businessman who desired to immigrate to the United States. Supposedly, DeVito was the foreign businessman's agent. In reality, however, DeVito was Anthony Amoroso, Jr., a Special Agent of the Federal Bureau of Investigation ("FBI”).

Count I also alleged that on December 6, 1979 defendant Stowe met with DeVito and Melvin Weinberg (purportedly an employee of the foreign businessman, but in reality a private citizen assisting the FBI). At this meeting DeVito and Mr. Weinberg allegedly transferred $50,000 in cash to Mr. Stowe who accepted it on behalf of Rep. Jenrette and himself. Allegedly, it was agreed that Mr. Weinberg and DeVito would transfer another $50,000 to the defendants after the private immigration bill was introduced. According to the indictment, the total payment of $100,000 was to be shared by Rep. Jenrette and Mr. Stowe.

Count I also claimed that on January 28, 1980 Rep. Jenrette told DeVito that he would cause U.S. Senator Strom Thurmond of South Carolina to introduce in the Senate another private immigration bill on behalf of the foreign businessman. For his efforts, Rep. Jenrette would receive $125,000 after the private immigration bill was introduced. The indictment specifically stated, however, that at no time did Rep. Jenrette or Mr. Stowe, or anyone on their behalf, discuss the subject with Senator Thurmond.

Count II charged that by seeking and receiving a sum of money in return for his promise to introduce a private immigration bill in Congress, Rep. Jenrette commited bribery, contrary to 18 U.S.C.

1 Specifically, conspiracy to violate 18 U.S.C. § 201(c) (bribery).

218 U.S.C. §371 provides: If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

§ 201(c). Count II also charged Mr. Stowe with aiding and abetting Rep. Jenrette in the commission of bribery. Accordingly, Mr. Stowe was charged with criminal liability as a principal, pursuant to 18 U.S.C. § 2.4

Count III charged that by seeking $125,000 from DeVito in return for his promise to influence Senator Thurmond to introduce a private immigation bill in the Senate, Rep. Jenrette committed bribery, again contrary to 18 U.S.C. § 201(c). Once again Mr. Stowe was charged with criminal liability for aiding and abetting, pursuant to 18 U.S.C. § 2.

On June 17, 1980, Rep. Jenrette pled not guilty to all counts.

On July 14, 1980, Rep. Jenrette filed a motion to dismiss pursuant to the Speech or Debate Clause.5 Alternatively, he asked permission to review the minutes of the grand jury. In his accompanying memorandum, he argued that the allegation in Count I-that he never discussed immigration matters with Senator Thurmondindicated that the grand jury illegally sought to determine the occurrence and content of conversations between Members of Congress on legislative matters. If the grand jury questioned Senator Thumond himself, said Rep. Jenrette, or if it questioned others who might have had knowledge of communications between Rep. Jenrette and Senator Thumond, it may have violated the Speech or Debate Clause. Accordingly, Rep. Jenrette asked the court to allow him to review the entire grand jury proceedings to determine whether impermissible examinations of legislative acts occurred.

On August 5, 1980, the Government filed its response to Rep. Jenrette's motion regarding the Speech or Debate Clause. The Government asserted that the definition of "legislative acts" did not include acts of bribery by Congressmen. The Government further asserted that its evidence at trial would include no acts done by Rep. Jenrette or Senator Thurmond in the regular course of the legislative process.

On August 28, 1980, the court, Judge John Garret Penn presiding, denied Rep. Jenrette's motion to dismiss on Speech or Debate Clause grounds. Likewise, Rep. Jenrette's request to inspect the grand jury minutes was denied. No memorandum accompanied the court's order.

On July 14, 1980, Rep. Jenrette filed a motion to dismiss on the basis of Government overreaching and entrapment. Regarding

3 18 U.S.C. § 201(c) provides: Whoever, being a public official or person selected to be a public official, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive, or agrees to receive anything of value for himself or for any other person or entity, in return for:

(1) being influenced in his performance of any official act; or

(2) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (3) being induced to do or omit to do any act in violation of this official duty shall be fined not more than $20,000 or three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

418 U.S.C. § 2 provides: (a) Whoever commits an offense against the United States or aids, abets, counsel, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

5 The Speech or Debate Clause of the United States Constitution provides that "for any Speech or Debate in either House [U.S. Senators and U.S. Representatives] shall not be questioned in any other Place." [art. I, § 6, cl. 1]