Alabama: Even hypothetical $10 contribution could be a crime

Alabama bingo prosecutors: Even hypothetical $10 contribution could be a crime
By Brendan Kirby, Press-Register Press-Register

MONTGOMERY, Alabama — Lawyers in the State House corruption trial this morning debated how far the law goes to prohibit bribery, with prosecutors arguing that it could be illegal even for a person to send $10 to his legislator.

U.S. District Myron Thompson posed a hypothetical, asking if it was a crime to send the $10 check along with a letter explaining that the money is tied to the lawmaker’s upcoming vote on an issue. Is that a crime if the lawmaker simply keeps the money, he asked?

Eric Olshan, an attorney with the public integrity section of the U.S. Justice Department, said that would violate the law because the issue is the intent of the briber. That would be the case, he argued, even if the lawmaker voted the other way on the bill.

The question goes to the heart of bribery allegations against VictoryLand casino owner Milton McGregor, who is charged with orchestrating a scheme to bribe state lawmakers to win passage of a bill that would have given voters a chance to legalize electronic bingo. The bill passed the state Senate but died in the House amid revelations of an FBI investigation.

Attorneys for McGregor and 8 other defendants are trying to get Thompson to throw out the charges.

Sam Heldman, an attorney for McGregor, said he was “shocked” that prosecutors argued the hypothetical $10 contribution is illegal. “If that’s a crime, we’re all guilty,” he said.

One of the counts against McGregor involves a $5,000 contribution through lobbyist Bob Geddie that was made to state Rep. Barry Mask, R-Wetumpka. Heldman argued that in an earlier conversation between his client and Mask, it was the lawmaker who brought up the contribution.

McGregor, Heldman argued, simply was lobbying for support of the bill.

“What we’re talking about is money in politics,” he said. “Everybody knows there is money in politics. It is not a crime to discuss money in politics.”

Feldman said it is not a crime to “give someone a campaign contribution to inspire them.” He compared the situation to a recent vote to legalize gay marriage in New York state, pointing to a newspaper story that quoted a Republican legislator who voted for the bill after Wall Street financiers said they would be eager to support him if he voted “yes.”

Thompson had tough questions for lawyers on both sides today. While he grilled prosecutors over the intricacies of bribery law, he demanded to know why McGregor was paying $3,000 a month to Ray Crosby, who at the time worked for a government agency that was in charge of drafting legislation for lawmakers.

“I don’t know,” Heldman said.

Thompson asked if a jury could not infer the worst, given the lack of explanation.

Heldman said that the burden is on prosecutors to prove a corrupt intent. He acknowledged that Crosby worked with McGregor on gambling legislation but pointed out that state law authorized that as long as the bill’s sponsor approved it.

“Merely paying him is not a crime, not a federal crime,” he said.