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Monday, October 28, 2013

Not In Arizona, Please !!


55-year-old former congressman has fought charges of public corruption, money laundering for more than 5 years.

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former Arizona congressman, convicted in June on 17 counts of extortion, racketeering and other federal charges, was sentenced Monday to three years in prison.
Former GOP Rep. Rick Renzi, 55, served Arizona's 1st Congressional District from 2003 until 2008 when he chose not to seek re-election while under indictment. He held a coveted seat on the House Intelligence Committee at the time of his indictment for public corruption.
Renzi, who is expected to appeal, was allowed to remain free following the hearing in U.S. District Court in Tucson, Ariz., but was ordered to report to the Federal Bureau of Prisons to begin serving his time Jan. 6.
Renzi's sentencing caps criminal proceedings that dragged on for more than five years. In June, after a 24-day trial, he was found guilty on two sets of charges. In one scheme, prosecutors said he embezzled client money from his southern Arizona insurance brokerage, funneled the money into his first election campaign and sought to cover up the crime.
In the second conspiracy, Renzi is accused of committing extortion while trying to orchestrate a swap of U.S. government land for an alfalfa farm near Sierra Vista, Ariz., that belonged to a business partner who owed him money. A deal ultimately was consummated and Renzi paid off a $733,000 debt to his associate, James Sandlin, who also was convicted.
Sandlin, 62, was convicted on 13 counts including conspiracy, wire fraud, extortion and money laundering.
At 58,714 square miles, Renzi's 1st Congressional District was the largest in the state encompassing all or part of eight of Arizona's 15 counties. In his most recent re-election in 2006, he received 52% of the vote.
The outcome of Renzi's indictment verifies that, no matter how long it takes, "justice will be served," Assistant U.S. Attorney Gary Restaino said after Monday's hearing.
Renzi, now listed as a Virginia resident, was a real-estate developer, vineyard owner, insurance broker and lawyer who lived in Flagstaff, Ariz. In Congress, he gained the reputation as a conservative Roman Catholic with strong views against abortion. He is married with 12 children.
Renzi was acquitted on 15 counts but found guilty on a number of charges that carried potential sentences of up to 20 years, including racketeering, conspiracy, money-laundering and wire fraud.
Restaino said Renzi made a brief statement before sentencing. He said Judge David Bury ruled that under federal sentencing guidelines, Renzi faced a prison term ranging from 97 months to 121 months, but the ultimate punishment was reduced because of mitigating circumstances.
Defense lawyers Kelly Kramer and Chris Niewoehner had requested a sentence of less than 33 months. In court filings, they portrayed Renzi as a man "dedicated to his family, his community and his faith." They also argued that despite the multiple felonies while in office, he "helped to improve the lives of many constituents."
Federal prosecutors asked for a sentence of 9 to 12 years plus a $100,000 fine. In his pre-sentence filing, Restaino wrote that the former congressman abused his office and authority for years.
"Renzi's pattern of criminal behavior, further littered by his attempts to cover up or blame others, denigrates the office he held as well as our political system at large," Restaino wrote. "In this case, Renzi has displayed a consistent and craven avoidance of responsibility."
Renzi has proclaimed his innocence throughout the saga that became public seven years ago with news leaks of a pending indictment. At trial, his lawyers suggested the insurance money was merely borrowed and insisted that no clients lost money.
The defense lawyers also argued that the proposed real-estate exchange was a sound legislative effort to protect the San Pedro River, benefit the Fort Huachuca Army base and enable development of a huge copper mine near Superior, Ariz.
The scandal surrounding Renzi likely played a role in stymieing Resolution Copper Mining's plans to develop one of the largest ore-extraction operations in the world.
During the Renzi case, FBI agents and prosecutors were accused of misconduct, and a major constitutional question came up on whether a sitting U.S. congressman is immune to federal corruption probes.
Defense lawyers succeeded in getting wiretap evidence thrown out because FBI agents improperly eavesdropped on the congressman's phone conversations with his lawyers, then misled the judge about their activities.
However, Renzi's lawyers failed to have most of the charges dismissed based on the Constitution's so-called "speech-or-debate" clause, which bans the executive branch from investigating or prosecuting a member of Congress engaged in legislative activities.
After the conviction, Renzi's legal team filed motions to have the conviction overturned or a new trial granted, based on assertions that Restaino knowingly allowed witnesses to provide false testimony that was critical in the case.
The judge concurred that some prosecution witnesses made false statements in court, but he rejected the motion. He found that the testimony was not crucial, and that there was "no evidence of outright misconduct."
All of those issues may be raised in appeals that are expected to be filed with the 9th U.S. Circuit Court of Appeals in San Francisco.
Dennis Wagner also writes for The Arizona Republic.

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