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USA sent for JM

USA sent for JM

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Published by Weld for Birmingham

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Published by: Weld for Birmingham on Jul 10, 2012
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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF ALABAMANORTHERN DIVISIONUNITED STATES OF AMERICA))v.))CR. NO. 2:10cr186-MHTJARROD D. MASSEY,))Defendant.)
UNITED STATES’ SENTENCING MEMORANDUM
Defendant Jarrod Massey is before the Court for sentencing, having pled guilty to a longrunning bribery conspiracy that is unparalleled in scope – in both the number of public officialsit targeted as well as the sheer value of the bribes. The facts of his crimes are not in dispute -Massey has signed a detailed factual basis, and has testified at trial, describing the corruptionscheme at length. All told, Massey has admitted offering bribes to six different state legislators.The enormity and seriousness of Massey’s crimes merit a lengthy term of imprisonment.The United States agrees with the Probation Office’s calculations under the United StatesSentencing Guidelines, which provide a Total Offense Level of 35 with a sentencing range of 168-210 months. Massey, however, has offered substantial assistance in the investigation andprosecution of others, and the government hereby moves for a downward departure.Based on the relevant factors under 18 U.S.C. § 3553, balanced against the totality of Massey’s cooperation, the government recommends a sentence of imprisonment of 134 months.
I. Background
Beginning in April 2006, Defendant Massey owned his own lobbying firm inMontgomery, Alabama. Massey employed lobbyist Jennifer Pouncy. One of Massey’s largestclients was Ronald Gilley. Gilley and his then business associate Milton McGregor both owned
Case 2:10-cr-00186-MHT-WC Document 2453 Filed 07/09/12 Page 1 of 14
 
controlling interests in large entertainment projects that depended in part on electronic bingo.When the Alabama state government began to challenge the ability of Gilley and others tooperate electronic bingo machines, Gilley turned to Massey for help protecting his investment inelectronic bingo, including by bribing state legislators when necessary.In 2009 and 2010, Massey conspired with McGregor
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, Gilley, Pouncy, and others tocommit bribery to pass pro-gambling legislation, which in 2010 took the form of Senate Bill 380(“SB 380”). Had SB 380 become law, its effects would have been extraordinarily far reaching –a state-wide referendum to amend the Alabama constitution. Not only could the corrupt schemehave changed the bedrock of Alabama law, but it likely would have led to limitless profits forGilley and McGregor. Their joint financial motive meant they, Massey, and their coconspiratorswere prepared to pay colossal sums of money to buy the votes they needed, promising millionsof dollars of bribes to public officials.Although both Massey and Gilley pled to the same bribery conspiracy, Massey pledguilty to fewer substantive counts based on the fact that he had only a minor role in Gilley’sbribery of Senator Harri Ann Smith, and no role in the money laundering Gilley committed inorder to disguise the true nature of $200,000 of Gilley’s bribes to Smith.
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Although McGregor and many of Massey’s other coconspirators were acquitted by a jury,it is appropriate for the Court to consider their conduct in sentencing Massey. First, as the Courtfound on two separate occasions, the evidence at trial proved by a preponderance the existence of a bribery conspiracy involving all of the acquitted defendants. (See, e.g., Doc. No. 1916 (Court’sconclusion that the evidence established a conspiracy among the charged defendants). The samepreponderance standard governs the Court’s factual determinations at sentencing. United States v.Whitesell, 314 F.3d 1251, 1255 (11
th
Cir. 2002). Moreover, Massey himself has admitted conspiringwith McGregor, Thomas Coker, Jarrell Walker and others to bribe Larry Means, James Preuitt,Quinton Ross, and Harri Ann Smith.2
Case 2:10-cr-00186-MHT-WC Document 2453 Filed 07/09/12 Page 2 of 14
 
A. March-April 2009: Attempted Bribery of Representative Benjamin LewisIn 2009, Massey helped Gilley offer attempted bribes to Representative Benjamin Lewis.Unbeknownst to Massey, Lewis was cooperating with the government’s investigation. In aMarch 2009 conversation with Gilley, Lewis, and Massey, the group discussed Lewis’sproblems with then pending pro-gambling legislation. Gilley then asked Lewis how much hismost recent campaign had cost. (Lewis Test., 6/22/11 Trans. at 28). When Lewis responded$200,000, Massey said Lewis’s next campaign would cost double, and Gilley told Lewis that oneof Gilley’s contacts could write a check for that entire amount. (Id. at 29). Later, Gilley talkedseparately with Lewis and, “[T]o cut through all the rhetoric, I offered Mr. Lewis a bribe to votefor our legislation.” (Gilley Test., 6/24/11 Trans. at 130).As part of his agreement, Massey pled guilty to Count 2, a substantive count of § 666bribery involving the offer of $200,000 to Lewis to influence and reward Lewis in connectionwith a vote on the 2009 pro-gambling legislation.B. February 2010: Attempted Bribery of Senator Scott BeasonIn February 2010, Massey worked with Gilley and McGregor to attempt to bribe SenatorScott Beason in return for his favorable vote on SB 380. On February 16, 2010, Massey paid anunannounced visit to Beason’s legislative office, telling Beason that, if Beason did not commit tovoting in favor of SB 380, he “might miss an opportunity to really cut yourself a good deal.”(Doc. No. 300, Massey Fact Basis at ¶ 12). On February 18, Massey, McGregor, and Gilley metwith Beason. Unbeknownst to all three, Beason was cooperating with the government’sinvestigation and tape recorded the meeting. During that meeting, the group discussed givingBeason public relations consulting work, with Massey telling Beason, “[L]et me visit with them3
Case 2:10-cr-00186-MHT-WC Document 2453 Filed 07/09/12 Page 3 of 14

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