CREW REQUESTS INVESTIGATION OF FORMER HOUSE AIDE

10 Mar 2004 // CREW requests an investigation into whether the conduct of Roger France, former top aide to United States Representative Charles Taylor (R-NC), violates the federal prohibition on illegal gratuities.

CREW sent the following letter:

March 10, 2004

Christopher Wray
Assistant Attorney General
Criminal Division
Department of Justice
Washington, D.C. 50530

BY FAX: 514-9412

Dear Assistant Attorney General Wray:

Citizens for Responsibility and Ethics in Washington ("CREW") requests that you initiate an investigation into whether the conduct of Roger France, former top aide to United States Representative Charles Taylor (R-NC), violates the federal prohibition on illegal gratuities.

As detailed extensively by Damon Chappie in March 4th and March 9th Roll Call articles, (attached as Exhibit A) in November 2003, while employed by Mr. Taylor, Mr. France began talks with AdvantageWest, a state-created economic development commission, regarding potential employment with the company as an outside lobbyist. Mr. France began these discussions despite the fact a piece of legislation introduced by Mr. Taylor and shepherded by Mr. France had recently been enacted.

It appears that sometime during the week of November 17, 2003, Mr. France initiated a conversation inquiring about employment with Betty Huskins, AdvantageWest's vice president for public affairs and corporate development. Then, on November 24, 2003, Mr. France sent a draft $60,000 contract to Ms. Huskins. That same day, Mr. France also participated in a meeting that ensured that AdvantageWest would receive and administer a $750,000 appropriation, earmarked by Mr. Taylor. Mr. France did not announce his resignation from Mr. Taylor's staff until late January, 2004.

Clearly, this series of events raises the question of whether AdvantageWest gave and Mr. France received something of benefit in return for an official act, i.e. an illegal gratuity, in violation of 18 U.S.C. §201(c)(1)(A) and 18 U.S.C. §201(c)(1)(B).

In United States v. Sun-Diamond Growers of Cal., 526 U.S. 398, 119 S.Ct. 1402 (1999), the Supreme Court considered whether Sun-Diamond Growers had violated the illegal gratuities statute by giving tickets and other gifts to former Secretary of Agriculture Mike Espy. The Court overturned Sun-Diamond's conviction under this statute, finding that the Government had failed to establish a link between what Sun-Diamond gave to Mr. Espy and any specific action taken by him. 526 U.S. at 414. The Court held that in order to establish a violation of section 201(c)(1)(A), "the Government must prove a link between a thing of value conferred upon a public official and a specific official act’ for or because of which it was given." Id.

Contrary to the facts in Sun-Diamond in which there was no allegation of a specific connection between the actions of Mr. Espy and the gratuities conferred by the grower, here there appears to be such a link: namely, AdvantageWest's promise of employment and Mr. France's participation in ensuring the enactment of legislation and the subsequent $750,000 appropriation benefitting AdvantageWest.

A review of Mr. France's remarks, in which he stated that AdvantageWest had no business before Mr. Taylor's committee after November 10th when the President signed the appropriations bill into law and that "nothing of value was solicited, given or exchanged between AdvantageWest and me," if true, suggests only that Mr. France was not actually bribed. It is not indicative of whether Mr. France solicited employment and/or whether AdvantageWest offered Mr. France the position as a reward for his part in ensuring the enactment of the appropriations bill.

Given these facts, it would be appropriate for the Department of Justice's Public Integrity Section to open an investigation into whether AdvantageWest offered an illegal gratuity to Mr. France and/or whether Mr. France solicited or accepted such a gratuity.

Thank you for your attention to this matter.

Sincerely,

Melanie Sloan

Executive Director
Citizens for Responsibility and Ethics in Washington

cc: Noel Hillman, Chief
Public Integrity Section