FOIA Request - CREW: Department of the Interior, Office of the Inspector General: Regarding Tom DeLay Investigation: 7/18/2011

8/6/2019 FOIA Request - CREW: Department of the Interior, Office of the Inspector General: Regarding Tom DeLay Investigation: 7/18/2011

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CREW IBy facsimile: 703-487-5406Sandra EvansFOIA OfficerDepartment of the InteriorOffice of Inspector General1849 C Street, N.W.Mail Stop 4428Washington, D.C. 20240

citizens for responsibilityand ethics in washingtonJuly 18, 2011

Re: Freedom of Information Act Request No. 11 -FOI-00039Dear Ms. Evans:

I write in response to your letter dated July 5, 2011 , advising Citizens for Responsibilityand Ethics in Washington ("CREW") of the referral of our Freedom of Information Act("FOIA") request, initially submitted to the Department of Justice ("DOJ"), to the Department ofthe Interior Office of Inspector General ("OIG"). Our response was delayed because your emailinitially was routed to my "junk" e-mail box, which I did not discover until today.

CREW ' s request seeks any witness statements, investigation reports, prosecutionmemoranda, and FBI 302 reports related to DOJ's investigation of former House Majority LeaderTom DeLay. For your convenience, a copy of the request is attached as Exhibit A. CREWsubsequently agreed to accept initially witness statements, investigation reports, prosecutionmemoranda, and FBI 302 reports from DOJ's investigation into illegal lobbying activities inwhich Mr. DeLay is named or otherwise identified. See Exhibit B. Your letter advised CREWthat DOJ referred to OIG a 26-page investigative report and 233 pages of records summarizing20 witness interviews, all ofwhich originated from OIG and mention Mr. DeLay.

CREW ' s request to DOJ requested a waiver of fees associated with processing it, andalso requested CREW not be charged search or review fees for this request because it qualifies asa "representative of the news media."

Your letter advised CREW OIG has categorized CREW as a news media requester forpurposes of this request, and accordingly will not charge CREW for document search and reviewor the first 100 pages of copies. It further advised, however, that because CREW ' s request didnot indicate a willingness to pay fees associated with processing the request - presumably the feesfor copying the additional pages- OIG would not begin processing the request unless CREWprovides sufficient justification to support the fee waiver request.

As CREW explained in its request to DOJ, fees associated with processing this request

1400 Eye Street, N.W. , Suite 450, Wash ington, D.C. 20005 I 202.408.5565 phone I 202 .588 .5020 fax I www .citizensforethics.


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Sandra EvansJuly 18,2011Page 2should be waived because the subject of this request concerns the operations of the federalgovernment and expenditures, and the disclosures will likely contribute to a better understandingof relevant government procedures by CREW and the general public in a significant way. 43C.P.R. 2.19(b)(l) & Appendix D. Moreover, the request primarily and fundamentally is fornon-commercial purposes. 5 U.S.C. 552(a)(4)(A)(iii); 43 C.P.R. 2.19(b)(2) & Appendix D.See, e.g., McClellan Ecological v. Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987).

As CREW explained in its request, Mr. DeLay was one of the subjects ofDOJ'sextensive investigation into illegal lobbying activities by Jack Abramoff and others. See ExhibitA. Parts ofDOJ's investigation were conducted in conjunction with OIG. See, e.g., PressRelease, Department of Justice, Former Interior Deputy Secretary Steven Griles Sentenced to 10Months in Prison for Obstructing U.S. Senate Investigation into Abramoff Corruption Scandal,June 26, 2007 (attached as Exhibit C). Among other things, DOJ and OIG investigated whetherJ. Steven Griles, while serving as Deputy Secretary of the Department ofthe Interior, obstructedthe Senate Indian Affairs Committee's investigation of allegations that Mr. Abramoff exercisedundue influence and access at the department. !d. Mr. Griles pleaded guilty to obstruction ofjustice in 2007 and was sentenced to prison. !d. DOJ, however, concluded its investigation ofMr. DeLay in 201 0 without bringing charges against him.

The requested records are likely to contribute to greater public awareness of allegedmalfeasance and possible criminal behavior by the former majority leader of the House ofRepresentatives, and of the concluded investigation into Mr. DeLay's activities. OIGacknowledges in its letter that the records referred to OIG originated at OIG and mention Mr.DeLay. While DOJ eventually decided not to prosecute Mr. DeLay, his activities still may havebeen illegal or violations of the rules of the House ofRepresentatives, and OIG's recordsmentioning Mr. DeLay would shed light on his activities. The public unquestionably has apowerful interest in learning the extent to which a leading member ofCongress engaged in illegalor improper behavior. US. Dep 't ofJustice v. Reporters Comm. for Freedom of he Press, 489U.S. 749, 774 (1989) (suggesting a public interest in documents that would reveal acongressman's allegedly corrupt behavior).

These documents also would shed light on DOJ' s conduct in conducting its investigationofMr. DeLay, OIG's conduct in conducting any investigation related to him, and DOJ's decisionto close its investigation without bringing charges against 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,


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Sandra EvansJuly 18,2011Page 3either 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 of pages of documents CREWacquired through its multiple FOIA requests as well as documents related to CREW's litigationand agency complaints, and through www.scribd.com.

Under these circumstances, CREW satisfies fully the criteria for a fee waiver.If you have any questions about this request or foresee any problems in releasing fully the

requested records please contact me at (202) 408-5565. Also, ifCREW'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 J. Rappaport, Citizens forResponsibility and Ethics in Washington, 1400 Eye Street, N.W. , Suite 450, Washington, D.C.20005 .

Sincerely,

enior CounselEnclosures


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EXHIBIT A


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cBy facsimile: 202-514-6117Rena Y. KimC h i e f ~ FOIA/PA SectionCriminal DivisionU.S. Department of JusticeSuite 1127, Keeney Duilding950 Pennsylvania Avenue, N.W.Washington, D.C. 20530-0001

citizens for 1esponsibilityand ethics in washingtonOctober 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 ("FOIA"), 5 U.S.C. 552, et seq., and U.S. Department of Justice ("DOJ")regulations, 28 C.F.R. Part 16.

Specifically, CREW requests any witness statements, investigation reports, prosecutionmemoranda, and FBI 302 reports related to DOJ's investigation of former House Majority LeaderTom DeLay. This includes, but is not limited to, DOJ' s investigation of relationships betweenMr. DeLay and Christine DeLay, Dani DeLay, 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 Netv,,ork, Americans for a RepublicanMajority PAC ("ARMPAC"), Texans for a Republican Majority PAC ("TRMPAC"), and/or theCommonwealth of the Northern rv1arianas Islands.

Mr. DeLay was one of the subjects ofDOJ's extensive investigation into illcgal lobbyingactivities by Mr. Abramof:f and others. SeeR. Jeffrey Smith, Justice Department DropsInvestigation of DeLav Ties to Abramoff, Wash. Post, August 17, 2010 (attached as Exhibit A).Among other things, DOJ investigated allegations Mr. Abramoff, Mr. Buckham, and Mr. Rudylaundered money from entities \.Vith interests before Congress through non-profit organizations topay for l'v1r. and Mrs. DeLay's overseas travel. For example, Mr. Abramof f funneled paymentsprovided by eLottery, Inc. and other gambling interests through the National Center for PublicPolicy Research to pay for Mr. and Mrs. DeLay'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-DeLay Aide Pleads Guilty In Lobbv Case, NY Times,April I, 2006 (attached as Exhibit B); R. Jeffrey Smith, The DeLav-AbramoffMonev Trail,

1400 Eye Street, N.W., Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I www.citizensforethics.


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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, NY Times, April 9, 2006 (attached as Exhibit G); (2) Mrs. DeLayand the DeLays' daughter Dani improperly were paid $350,000 in consulting fees and expensespaid by ARMPAC, Mr. DeLay's political action committee, see Michael Hedges, As LobbyingScandal 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 Iaudercorporate campaign contr ibutions tluough TRMPAC, id.; and (5) Mr. Abramoff arranged for atrip to the Commonwealth of the Northern Mariana 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 of Mr. 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 aCD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes,and photographs. Our request includes any letters, emails, 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 pmiion 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 FOIA."Founding Church ofScientology v. Bell, 603 F.2d 945,949 (D.C. Cir. 1979). Moreover, theVaughn index must "describe each document or pmiion 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 pmiicularpart of a withheld document to which they apply.'" !d. at 224 (citing Mead Data Central v. USDep 't of he 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 pmiions of the requestedrecords. See 5 U.S.C. 552(b). If it is your position that a document contains non-exemptsegments, but that those non-exempt segments are so dispersed tluoughout 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 DOJ to process it within the FOIA'sdeadlines.

Fee Waiver RequestIn accordance with 5 U.S.C. 552(a)(4)(A)(iii) 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 bet ter understanding of relevant government procedures by CREW andthe general public in a signif icant way. Moreover, the request is primarily and fundamentally fornon-commercial purposes. 5 U.S.C. 552(a)(4)(A)(iii). 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 DOJ's recently concluded investigation into Mr. DeLay's activities. Related DOJinvestigations resulted in criminal convictions of Mr. Abramoff, Mr. Rudy, Mr. Scanlon, formerRep. Bob Ney, and others. While DOJ 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 light on them. In addition, other criminal allegationsagainst Mr. DeLay remain very active- a trial on state charges related to money launderingthJough 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 ofJustice v. Reporters Comm. for Freedom of he 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 DOJ's conduct in conducting the investigationof Mr. DeLay, and its apparent decision to close the investigation without bringing chargesagainst Mr. DeLay.

CREW is a non-profi t 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, lit igation, 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 of pages of documents CREWacquired through its multiple FOIA requests as well as documents related to CREW's litigationand agency complaints, and through wvvw.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)(l0). InNat'l 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 o f he news media."' 132 Cong. Rec. S 14298 (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.citizensforethics.orQ:, 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 s ince April14, 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:/ v.,rvvvv.ci tizensfo rethics.org/news! etter.

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://www.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 other CREW's repotis are available athttp://www. 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 DOJ 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 DOJ 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 repotis it has published based oninformation it receives tluough the FOIA. For example, CREW's report, Record Chaos: TheDeplorable State ofElectronic Record Keeping in the Federal Government, was based onsignificant part on documents CREW requested under the FOIA from a variety of agencies,including DOJ.

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 Y. 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. ld. In light of the importance of this information for Mr. DeLay's criminaltrial, immediate action is required.

Pursuant to 28 C.F.R. 16.5(d)(3), I hereby certify that the basis for CREW's request forexpedition, as outlined above, is true 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 fee\Vaivcr is not granted in full, please contact our office immediately upon making such adetermination. Please send the requested records to Adam J. Rappaport, Citizens forResponsibility and Ethics in Washington, 1400 Eye Street, N.W., Suite 450, Washington, D.C.20005.

Sincerely,

Enclosures


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EXHIBIT B


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CREW IBy facsimile: 202-514-6117Rena Y. KimChief, FOIA/P A SectionCriminal DivisionU.S. Depmiment of JusticeSuite 1127, Keeney Building950 Pennsylvania Avenue, N.W.Washington, D.C. 20530-0001

citizens for responsibilityand ethics in washingtonOctober 27, 2010

Re: Freedom of Information Act Request No. CRM-201000773FDear Ms. Kim:

By letter dated and submitted on October, 2010, Citizens for Responsibility and Ethics inWashington ("CREW") requested records under the Freedom of Information Act ("FOIA")related to the Department of Justice's ("DOJ'') investigation of former House Majority LeaderDeLay. CREW specified its request includes, but is not limited to, DOJ's investigation ofrelationships between Mr. DeLay and Christine DeLay, Dani DeLay, Jack Abramoff, EdwinBuckham, Tony Rudy, Michael Scanlon, Susan Hirshmann, the Alexander Strategy Group, theNational Center for Public Policy Research, eLottery, Inc., the U.S. Family Network, Americansfor a Republican Majority PAC ("ARMPAC"), Texans for a Republican Majority PAC("TRMP AC"), and/or the Commonwealth of the Northern Marianas Islands. CREW explainedthat Mr. DeLay was one of the subjects ofDOJ's extensive investigation into illegal lobbyingactivities by Mr. Abramoff and others, and described many of allegations DOJ investigated.

Despite this specificity, you advised CREW by letter dated October 22, 2010, that theCriminal Divis ion considers the request "to be broad in scope" and to "not clearly identify therecords" CREW is seeking. Accordingly, you requested "clarification regarding theinvestigation" to which CREW referred, including "the specific time frames covered," CREW's"reference to relationships between Mr. DeLay and the other individuals," and "a furtherdescription of the specific information that you are seeking." You also indicated that absent aclarified request, you would administratively close this matter.

On October 27, 2010, I spoke by telephone with Kristin Ellis, the Criminal Division'sFOIA officer assigned to this request. According to Ms. Ellis, the Criminal Division is unclearabout the extent to which CREW seeks records from DOJ's investigation into illegal lobbyingactivities by Mr. Abramoff and others that do not specifically mention Mr. DeLay.

CREW's request stands on its own terms as a reasonably specific request that shouldenable knowledgeable government employees to locate responsive records. Nevertheless, in an

1400 Eye Street, N.W., Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I www.citizensforethics.o


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Rena Y. KimOctober 27, 2010Page 2effort to assist DOJ's processing of the request, CREW is willing to accept initially, as a first steptoward fulfilling the entire request, a subset of the requested records.

The subset of records CREW will accept initially are witness statements, investigationreports, prosecution memoranda, and FBI 302 reports from DOJ's investigation into illegallobbying activities 1 in which Mr. DeLay is named or otherwise identified. This includes, but isnot limited to, records directly or indirectly related to the individuals and entities specified inCREW's request. To further assist DOJ, CREW will accept responsive records from January l,2003 to the present.

After CREW has reviewed the records DOJ produces in response to this portion of therequest, CREW will further clarify with DOJ the records needed to fulfill the remainder of therequest.

To be clear, CREW is not narrowing the scope of the request. Rather, CREW is willingto accept a subset of records responsive to the request as a first step in DOJ's fulfillment of theentire request in stages.

If you have questions or need further clarification, please do not hesitate to contact me at(202) 408-5565 or [email protected].

1 CREW's request assumes DOJ treated the investigation into illegal lobbying activitiesby Mr. Abramoff and others, including those described in CREW's request, as a singleinvestigation. IfDOJ has treated these as multiple investigations, CREW requests records fromall of the investigations.


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EXHIBIT C


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Steven Griles Se .. http://www.justice.gov/opa/pr/2007 June/07 _cnn_ 4

f2

FOR IMMEDIATE RELEASETUESDAY, JUNE 26, 2007WWW.USDOJ.GOV

CRM(202) 514-2007

TDD (202) 514-1888Former Interior Deputy Secretary Steven Griles Sentenced to10 Months in Prison for Obstructing U.S. Senate Investigation

into Abramoff Corruption ScandalWASHINGTON- James Steven Griles, the former Deputy Secretary of the Department of the Interior

(DOl), has been sentenced to 10 months in prison for obstructing the U.S. Senate's investigation into thecorruption allegations surrounding former Washington lobbyist Jack A. Abramoff, Assistant Attorney GeneralAlice S. Fisher of the Criminal Division announced today.Griles, 59, of Falls Church, Va., was also ordered to pay a fine of $30,000, and serve a term of threeyears of supervised release by U.S. District Judge Ellen Segal Huvelle for the District of Columbia.On March 23, 2007, Griles pleaded guilty to a one-count criminal information charging him withobstructing U.S. Senate Proceedings. In pleading guilty, Griles admitted that he knowingly and willfully liedand concealed material information from senators and Senate investigators about the unique relationshipthat he had with Abramoff immediately prior to and during his tenure as DOl Deputy Secretary.According to documents filed with the court, between July 2001 and January 2005, Griles was thesecond highest-ranking official within DOl. Griles admitted to knowingly and willfully obstructing theinvestigation of the U.S. Senate Committee on Indian Affairs, which was looking into allegations ofAbramoff's undue influence and access at DOl. Specifically, Griles was interviewed by Senate investigators

on Oct. 20, 2005, and then testified before members of the Senate committee during a Nov. 2, 2005, publichearing. The Senate committee was investigating, among other things, the level of access Abramoff had toGriles while serving as DOl deputy secretary. Griles admitted that during both his interview and his hearingtestimony, he made materially false and fictitious declarations to, and withheld material information from,senators and Senate investigators in response to questions about the true nature and extent of hisrelationship with ltalia Federici-the person who introduced Abramoff to Griles; how and why his relationshipwith Abramoff developed; and the nature of Abramoff's access to him. In short, Griles now admits thatAbramoff developed instant and then continued unique access to him directly as well as indirectly throughFederici, a person with whom Griles had a close, personal relationship.

According to court documents, Abramoff initially gained access to Griles through ltalia Federici, thefounder and President of the Council of Republicans for Environmental Advocacy (CREA), a purportedtax-exempt organization for which Griles had actively assisted in raising funds before he became DOlDeputy Secretary. Federici introduced Abramoff to Griles in early-March 2001, just before Griles wasnominated to be DOl Deputy Secretary. Thereafter, both before and during Griles' DOl tenure, Abramoffsought and received- directly and through Federici- Griles' advice and intervention on various matterswithin the jurisdiction of DOl that directly affected Abramoff and his clients. On June 8, 2007, Federicipleaded guilty to a two-count criminal information charging her with tax evasion and obstruction of U.S.Senate proceedings -the same congressional inquiry at issue in this prosecution - relating to her extensive

7118/2011


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.. http://www.justice.gov/opa/pr/2007 June/07 _cnn_ 4

dealings with Abramoff and Griles and serving as their conduit. Federici, who is cooperating in this ongoingcriminal investigation, is scheduled to be sentenced on Nov. 16, 2007.

Court documents further reveal that Griles asked Abramoff for return favors. Notable among them wasthe defendant's pre-confirmation request that Abramoff raise $100,000 in funds for CREA. Ultimately,Abramoff personally and through his Native American tribal clients donated a total of $500,000 to CREAbetween March 2001 and May 2003.Griles admitted that he knowingly and willfully made material false and misleading statements when hetestified before the Senate Committee on Indian Affairs on Nov. 2, 2005. Specifically, he testified that "Mr.

Abramoff is no different than any other lobbyist" and that, "there was no special relationship for Mr. Abramoffin my office. It never did exist." Griles admitted that his false and misleading statements had the effect ofinfluencing the committee's findings. The committee concluded in a report that "given the paucity of evidencein the committee's possession, the committee is unable to arrive at any definitive conclusions as to theveracity of Griles' testimony on his relationship, and interaction, with Abramoff during all times relevant." Thiscase is being prosecuted by Trial Attorneys Armando 0. Bonilla and Kartik K. Raman of the Public IntegritySection, which is headed by Chief William M. Welch, II. The case is being investigated by a task force offederal agents including special agents of the DOl Office of the Inspector General and the FBI.

Abramoff is currently serving a 70-month prison sentence for his guilty plea on conspiracy and fraudcharges brought in Miami. Abramoff also has pleaded guilty to corruption, fraud, conspiracy and tax chargesin the District of Columbia. The Justice Department's Abramoff investigation has netted a total of 12convictions thus far, including that of former U.S. Rep. Robert W. Ney on conspiracy and false statementcharges.###

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Documents

FOIA Request - CREW: Department of the Interior, Office of the Inspector General: Regarding Tom DeLay Investigation: 7/18/2011