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
, 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.
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
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