I have no clue about this author. I'm still tying to figure out the agenda surrounding this woman. Is this a case of a hatchet job being done on her?
The reason I'm interested in her is that she was the one appointed to investigate Clinton's pardon of Marc Rich, an investigation prompted somewhat, although not totally, by partisan politics of the 2001 Congress. And White having been a Clinton appointee makes it seem strange that she was the one appointed to investigate Clinton's pardon of Rich. Anyway, she left before the investigation was done.
http://www.thelaborers.net/NEWS/mary_jo_white.htm
Mary Jo White's Tenure in the Southern District of New York
An Assessment of Her Prosecution of Union Corruption
By Ken Boehm
0n November 16, Mary Jo White,
U.S. Attorney for the Southern
District of New York, announced
she would resign her position by the end
of the year. It is not every day that the
resignation of a federal prosecutor makes
national news, but the Southern District
is no ordinary post. It is noted for its pros-
ecution of infamous criminals from Wall
Street and the Mafia, and, in the 1990s,
Arab terrorists. It is also noted for the
prosecution of corrupt union officials,
including former International Brother-
hood of Teamsters (IBT) president Ron
Carey.
On October 12, Carey was acquitted
in federal court of seven counts of per-
jury. He was accused of lying 63 times on
seven occasions when questioned by gov-
ernment investigators and a grand jury
regarding his knowledge of an illegal
money swap scheme that raised over half
a million dollars for his 1996 reelection
campaign as union president. The
government's investigation resulted in the
overturning of Carey's election and the
conviction of four of his close aides. Fur-
ther, the investigation implicated several
high ranking union officials in the money
swap scheme, including AFL-CIO secre-
tary-treasurer Richard Trumka. So why
did Carey get off? And why have Trumka
and others possibly implicated in the scan-
dal not been investigated?
Much of the blame may lie with the
prosecution in the Carey criminal case,
which was headed by White. Who is she?
What exactly did she do wrong in this
case? What did she fail to do? And how
will her tenure affect her successor's ef-
forts to prosecute union corruption? These
are questions this article aims to answer.
Clinton-Era Prosecutor
White became head of the Southern
District in 1993, when she was part of the
Clinton Administration's scramble for
women in the Justice Department. She
joined President Clinton's short list for
Attorney General after his first two
choices, corporate attorney Zoe Baird and
U.S. District Judge Kimba M. Wood,
withdrew their nominations for their al-
leged employment of undocumented do-
mestics. White lost that competition to
Janet Reno, and was also passed over for
Assistant Attorney General in charge of
Justice's Criminal Division in favor of
former federal prosecutor Jo Ann Harris.
However, in the wake of Reno's
"March Massacre"-former Senator Rob-
ert J. Dole's (R-KS) phrase for the "re
quested" mass resignations of all U.S.
Attorneys by the Clinton Administra-
tion-plenty of U.S. Attorney positions
came open. On June 22, 1993, President
Clinton selected White for the prestigious
Southern District assignment in Manhat-
tan on the recommendation of then-Sena-
tor Daniel Patrick Moynihan (D-NY).
New York Mayor Rudolph W. Giuliani
(R) held the post during the Reagan and
George H.W. Bush Administrations.
White's top qualifications for the
Southern District job were two stints as
an Assistant U.S. Attorney: in the South
ern District from 1978 to 1981 and in the
Eastern District of New York from 1990
to 1993. In the Eastern District, she served
as second-in-command and as acting U.S.
Attorney for several months in 1992 and
1993.
White holds an undergraduate degree
from the College of William & Mary and
a master's degree in psychology from
New York's New School for Social Re-
search. She graduated near the top of her
law school class at Columbia University
in 1974, and went on to serve as a law
clerk to U.S. District Judge Marvin E.
Frankel, a Johnson appointee, in the
Southern District. She also worked as a
white-collar criminal defense attorney
from 1981 to 1990 at the New York firm
of Debevoise & Plimpton, where she be-
came a partner in 1983.
Harold Ickes' Clinton Connection
What role, if any, New York labor at-
torney Harold Ickes played in White's
appointment is a big question. Ickes is a
heavy hitter in Democratic Party circles.
His past posts include: Clinton White
House Deputy Chief of Staff, top
fundraiser for Clinton-Gore `96, official
organizer of the 1992 Democratic National
Convention, Clinton campaign
manager for the 1992 New York primary,
and Senate campaign advisor for Hillary
Clinton. His strong New York legal and
political ties and close connection to the
Clintons raise the possibility that he may
have influenced Bill Clinton's decision to
appoint White to the Southern District.
This is troubling given Ickes's past.
On October 26, 2000, the Wall Street
Journal described Ickes as having a "his-
tory of representing unions, some of them
with eyebrow-raising ties to organized
crime." For example, Ickes-a member of
the Long Island firm of Meyer, Suozzi,
English & Klein-represented New Jer-
sey Teamsters Local 560 in a 1986 rack-
eteering suit that alleged, among other
things, that Local 560 had a history of violence
against opponents of the late Teamster
boss and alleged member of the
Genovese crime family Anthony "Tony
Pro" Provenzano. The suit led to government
control over the local which only
recently ended in 1999. The specter of
Ickes in combination with White's poor
handling of the money-laundering case,
discussed below, leads one to question
White's use of prosecutorial discretion.
White Takes Manhattan
Soon after her appointment as head
of the Southern District, White butted
heads with Manhattan's popular District
Attorney Robert M. Morgenthau (D),
whose most famous union corruption case
to date, a massive scandal involving
AFSCME District Council 37 in New
York, led to criminal charges against more
than 30 union bosses and vendors. Ac-
cording to the New York Post, Morgenthau
and White have been rivals since her
Southern District appointment in an on-
going "War of the Prosecutors."
The conflict came to a head in Sep-
tember 2000, when Morgenthau charged
38 individuals-including union bosses,
contractors, and reputed Luchese crime
family members-with bribery, bid-rig-
ging, and other construction-related rack-
eteering schemes. The unions implicated
were the Bricklayers, Carpenters, and
Laborers. An hour before Morgenthau
announced his sweeping indictments,
White made a similar, but weaker, an-
nouncement.
Both Morgenthau and White tapped
Luchese phones for two years and built
almost identical cases. But Morgenthau's
indictments were far more comprehensive
and included racketeering charges, which
White was apparently unable to substan-
tiate. Compared to Morgenthau's 38,
White could only muster charges against
six lower-level mobsters and no union
bosses. Morgenthau expressed surprise
when he learned of White's indictments:
reporters at his own news conference
showed him White's press release!
Nevertheless, White has prosecuted
some pretty big fish in the Southern District:
mobster John A. "Junior" Gotti and
the bombers responsible for the first
World Trade Center attack in 1993 and the
U.S. embassy attacks in Kenya and Tanzania
in 1998. The Bill Clinton-Marc Rich
pardon scandal also fell within her jurisdiction
because Giuliani prosecuted Rich
out of the Southern District.
The Teamster Scandal
White's office is responsible for prosecuting
the Teamsters scandal because the
1989 consent decree that ended a Justice
Department racketeering suit against the
Teamsters was settled in the Southern
District. The decree gave a federal judge
the authority to supervise internal union
operations. It also created several supervisory
posts, such as an election monitor,
and an Internal Review Board (IRB),
which handles corruption matters and is
supervised by the judge. U.S. District
Judge Loretta A. Preska, appointed by
President George H.W. Bush, currently
oversees the decree.
In the 1996 Teamsters presidential
election, incumbent Ron Carey narrowly
defeated Detroit union attorney James P.
Hoffa-son of the legendary Teamster
president James R. ("Jimmy") Hoffa. But
Hoffa's camp sensed something was
amiss. His campaign aides pored over
Carey's campaign disclosure documents
and found evidence of serious wrongdoing.
It turned out that Carey's campaign
had raised $538,100 through an illegal
money swap scheme that involved giving
"donations" from the union's general
treasury-total: $885,000-to select organizations
that agreed to route a portion
of such "donations" to Carey's reelection
effort.
Carey's election was overturned. He
was disqualified from the presidency and
later expelled from the union. Hoffa then
won the rerun election against Tom
Leedham, who was vice president under
Carey. (Hoffa beat Leedham for the
Teamsters presidency again this year.)
At first, White jumped right on the
case. Soon after the scandal broke, she
indicted Carey campaign consultant Mar
tin Davis, campaign manager Jere Nash,
and direct mail vendor Michael Ansara
for their roles in the money swap scheme.
All three pled guilty in 1997. Davis admitted
to conspiracy, mail fraud, embezzlement,
and making false statements
to a court officer. Nash admitted to conspiracy
and fraud charges. Ansara admitted
to charges of conspiracy.
Following this promising start, the
prosecution got terribly bogged down,
earning White the title "Mary Jo Molasses"
from New York Times columnist William
Safire. Two years later, the case
inched forward with the November 1999
trial of former Teamsters political director
William W. Hamilton, Davis and
Nash's inside man for funneling the
$885,000 out of the union's coffers. The
jury convicted Hamilton, a former
AFSCME and Planned Parenthood
staffer, on all six counts of conspiracy,
embezzlement, fraud, and perjury. He was
sentenced to three years in federal prison
and ordered to pay $100,000 in restitution
-a small amount compared to what
his activities cost the union.
The restitution matter brought to
light a serious gaffe by White. The Teamsters
union wanted to collect about $3
million in restitution either from
Hamilton alone or from Hamilton, Davis,
and Ansara. This included the $885,000
in embezzled funds plus the $2.2 million
the union spent on the rerun election. As
part of their pleas, Davis paid $500,000
and Ansara put $395,000 into escrow.
Under the Mandatory Victims Restitution
Act, restitution of the full amount of a
victim's loss is mandatory. But White's
office-in an error it later admitted-
treated the amounts as discretionary and
agreed to let Davis and Ansara pay lesser
amounts.
White's office sought to make up for
the error during the trial by asking for
Hamilton's restitution to be set at
$885,000, but to no avail. U.S. District
Judge Thomas P. Griesa, a Nixon appoin-
tee, set restitution at $100,000, calling
Hamilton "a man of quite modest means"
who could face limited earning opportu-
nities after prison. He called White's rec-
ommendation of $885,000 "totally unre-
alistic," and scolded White and her of-
fice for failing to submit papers that could
help guide him through the restitution
process. Had White's office done its
homework, it could have easily argued
that there is nothing "unrealistic" about
requiring a convicted felon to return all
that he stole.
Unfortunately for the Teamsters, the
union is bound by White's costly error.
On its own, the union tried to recover its
loss through a civil racketeering suit
against Davis and others, but U.S. Dis-
trict Judge Laura T. Swain, a Clinton ap-
pointee, dismissed that case on October
1, 2001.
The criminal case fell into another
two-year lull of inactivity, until January
25, 2001, when White indicted Carey on
seven counts of perjury and making false
statements. Carey was not charged with
participating in the complex corruption
scandal, but with lying about his knowl-
edge of it to federal officials and a grand
jury.
Jere Nash, testifying for the prosecu-
tion in Carey's trial, said that Carey first
rejected a $225,000 donation to the lib
eral activist group Citizen Action, but later
approved it after Nash told him that giv-
ing the money to Citizen Action would
help raise money for his campaign. How-
ever, on October 12, Carey was acquitted
of all charges. White blew it-big time.
The Hamilton Folly
White and her office made at least two
blunders that demonstrate their incompe-
tence in handling the Carey case. First,
trying the case nearly five years after the
events took place was unwise. Trying a
case sooner rather than later means the
recollection of witnesses is fresher unless
one needs time to build a stronger case.
There was no good reason for not indict-
ing Carey hot on the heels of the Hamilton
victory in 1999. Further, both cases could
have been brought in late 1997 or early
1998-White's office did not acquire any
significant new evidence after November
1997, when Carey was disqualified from
the Teamsters presidency.
Second and more importantly, White
put a hostile witness, the imprisoned
Hamilton, on the stand only to have him
undermine her case against Carey. Despite
being called by the prosecution,
Hamilton's testimony bolstered the
defense's contention that Carey was un-
aware that the donations were linked to
his campaign. Hamilton testified that he
never told Carey that a series of political
contributions was linked to a money-laun-
dering scheme to generate funds for
Carey's campaign.
Hamilton, who did not take the stand
in his own trial, testified that he had only
discussed the contributions with Carey
twice and had not mentioned their links
to the campaign. According to Hamilton,
Carey asked him shortly before the 1996
national presidential election why the
Teamsters' political division was spend-
ing so much money out of the general trea-
sury. Hamilton said he told Carey that the
spending was "appropriate" and that it was
necessary because the union's political ac-
tion fund had been exhausted. He said that
Carey's only response was to acknowl-
edge the issue.
Hamilton also claimed that, in the
only other conversation on the matter,
Carey gave him a noncommittal reply to
a telephoned request for funds. Hamilton
claimed that Nash told him Carey would
be informed of the scheme, but that noth-
ing Carey said in this phone conversation
suggested that that was the case.
It is puzzling why the prosecution
called on Hamilton, who testified with-
out a grant of immunity or any other deal
from the prosecution-and therefore had
no incentive to help the prosecution. In
fact, Hamilton's testimony was so detri-
mental that it forced Assistant U.S. At-
torney Andrew Dember to attempt to un-
dercut the credibility of the prosecution's
own witness!
Had Hamilton been a defense witness,
prosecutors would have had an easier time
undermining his credibility-here was a
convicted felon with an axe to grind with
the prosecutors who sent him to prison and
a committed leftist-unionist willing to
help Carey. But this line of argument was
hopelessly weak when it was the prosecu-
tors who put the defective witness on the
stand.
This also allowed the defense-which
did not have to worry about supporting
Hamilton as its own witness-to concen-
trate on undermining Nash's credibility.
In the end, Hamilton's testimony created
enough reasonable doubt for the jury to
acquit Carey. Again, White blew it.
Big Fish Still Out There
White's prosecution of the case has
produced some positive results. She got
guilty pleas from Nash, Davis, and
Ansara; convicted Hamilton; and at least
brought Carey to trial. But she has also
failed to act against many more individu-
als who may have participated in these
crimes. The benefits of her prosecution of
Hamilton and Carey were marginal. She
went after out-of-power has-beens, while
apparently giving a pass to individuals
still in power-corrupt individuals who
pose an ongoing threat of corruption to
their organizations and to the American
political process. White's successor
should focus on these individuals' role in
the Teamsters money laundering scandal,
and prosecute where appropriate.
Richard Trumka - Chief on the list
should be AFL-CIO secretary-treasurer
Richard L. Trumka, who twice invoked
the Fifth Amendment when asked by fed-
eral officials about his role in the scan-
dal. At Hamilton's trial, White's office
showed that a key meeting for planning
an illegal $150,000 transaction took place
in Trumka's AFL-CIO office with him
present. In this transaction, Hamilton gave
$150,000 to the AFL-CIO, which turned
it over to Citizen Action. Of that amount,
$100,000 went to the November Group,
Davis's consulting firm, to cover Carey
campaign expenses.
Additionally, Trumka allegedly solic-
ited and/or contributed $50,000, some in
cash, to the Carey campaign. Federal la
bor law and Teamsters election rules clas-
sify union officials as "employers" and
therefore prohibit them from making
union campaign contributions.
White's failure to act made a prob-
lem out of the statutes of limitations for
the likely crimes in this case, which are
generally five years. Any such crimes oc-
curred in the second half of 1996, so the
five-year limits have either expired or are
about to.
Judith Scott - Another target for inves-
tigation should be former Teamsters gen-
eral counsel Judith A. Scott, who worked
for the United Mine Workers during the
1980s and early 1990s, when Trumka was
president of that union.
According to court records, Scott ap-
proved Hamilton's forwarding of a
$475,000 check to Citizen Action, of
which $110,000 made its way to a front
group called "Teamsters for a Corruption
Free Union" (TCFU) and then to the No-
vember Group for Carey campaign ex-
penses.
At Carey's trial, Hamilton testified
that he discussed the scheme with Scott,
who then told former Teamsters secre
tary-treasurer Tom Sever that the union's
board need not review the large contri-
bution. Sever then allowed the check to
be issued on the condition that Scott pro-
duce a legal memorandum supporting her
view. It was not until January 1997, three
months after the contribution was made,
that Scott produced the memorandum.
Reportedly, Sever viewed the memoran-
dum as inadequate because, among other
things, it failed to address the specific
contribution to Citizen Action. Scott left
the Teamsters in February 1997 to be-
come general counsel to the Service Em-
ployees International Union (SEIU).
Andrew Stern and Edgar James - An-
other potential target is Scott's current
boss, SEIU president Andrew L. Stern,
who promised, like Trumka, to raise
$50,000 for Carey's campaign, but fell
short on this commitment. Nash then ap-
proached Edgar N. James, an attorney
representing SEIU, who agreed to help
raise the $50,000. Ultimately, James only
raised $16,000, which he contributed to
TCFU-which in turn forwarded it to the
November Group. Like union officials,
attorneys are classified as "employers"
under IBT election rules and federal la-
bor law, and are not allowed to solicit for
or contribute to Teamster candidates. In-
terestingly, Judith Scott is the third rank-
ing member of James's Washington law
firm of James & Hoffman.
Theodore Kheel - In a similar situation
as James is Theodore W. Kheel, a labor
attorney at the New York firm of Paul,
Hastings, Janofsky & Walker. According
to court records, Kheel was contacted by
Charles McDonald of the AFL-CIO's
Union Privilege credit card and later by
Davis about a contribution to the Carey
campaign. Kheel told investigators that he
agreed to contribute $20,000, but wanted
Davis' assurance that his contribution
would be kept secret. Davis then visited
Kheel's office, where Kheel gave him an
envelope containing $20,000 in cash.
Gerald McEntee and Paul Booth -
AFSCME president Gerald W. McEntee
and AFSCME organizing director Paul
Booth also allegedly conspired to solicit
and/or contribute $50,000 to the Carey
campaign. Again, union officials qualify
as "employers," and therefore are barred
from making donations to union candi-
dates by both IBT election rules and fed-
eral labor law. According to court records,
Booth raised $7,100 on his own and
$20,000 with the help of McEntee.
Citizen Action - Another target could be
the liberal activist group Citizen Action-
or rather, its current incarnation, U.S.
Action. Citizen Action's former executive
director Ira Arlook and others apparently
helped Davis launder money for the Carey
campaign-hardly a legitimate purpose
for a tax-exempt organization. On Novem-
ber 6, 1997, my organization, the National
Legal and Policy Center (NLPC), filed an
IRS complaint requesting an audit of the
nonprofit Citizen Action for its role in the
money laundering schemes. While the IRS
has yet to take public action on the com-
plaint, Citizen Action folded as a result
of the scandal. But a successor organiza-
tion, U.S. Action, is trying to make a
comeback.
Terry McAuliffe and the DNC - White's
successor should also look into the pos-
sible involvement of several individuals
at the Democratic National Committee
(DNC)-including current DNC head
Terry McAuliffe. Davis, Nash, and
Hamilton almost succeeded in getting
$100,000 from the general IBT fund
through the DNC to the Carey campaign.
According to the Hamilton trial transcript,
players in this scheme included DNC fi-
nance director Richard Sullivan, Clinton-
Gore `96 finance director Laura Hartigan,
and then-Clinton fundraiser McAuliffe.
The swap scam fell apart at the last minute
amid fears about the transaction's legal-
ity, but the crime of conspiracy does not
require the conspirators to be successful.
Timing and Playing Politics
As a former prosecutor, I would like
to give White the benefit of the doubt on
the statute of limitations issue, but her de
lays and failures in what should have been
slam-dunk cases give the appearance that
she was playing politics with her
prosecutorial discretion. And there are
other instances that suggest as much,
mainly her interactions with Rep. Peter
Hoekstra (R-MI) and new Teamsters In-
dependent Review Board (IRB) member
Joseph E. diGenova.
The Derailed Hoekstra Investigation -
White effectively thwarted Hoekstra's
Oversight and Investigation Subcommit-
tee (within the House Education and
Workforce Committee) hearings into the
Teamsters scandal. When Hoekstra was
hot on the trail of Trumka and others in
1997 and 1998, White asked him to back
off, arguing that his probe might jeopar-
dize her prosecution. Hoekstra obliged
and then waited-and waited, and was
still waiting for White to act when she
announced her resignation from the
Southern District. Hoekstra told Insight
magazine that Congress should never
again defer to White's judgment: "Her
work on the Teamsters scandal
demonstrates ... that, when she says we are
jeopardizing her investigation, it would
be legitimate to respond, 'Excuse me, but
which investigation are we jeopardizing?
Nothing has happened."'
The diGenova Nomination - White's
embarrassing defeat in the diGenova case
provides the clearest illustration of her
political tendencies. The Teamsters' In-
ternal Review Board (IRB) is composed
of three members: one chosen by the
union, one by the Justice Department, and
one jointly by the other two members-
and all must be approved by the IRB's
overseeing judge.
In August 2001, Judge Preska ap-
proved IBT's designation of diGenova, a
former U.S. Attorney for Washington,
DC, to be its IRB representative.
DiGenova replaced Grant Crandall, a la-
bor attorney selected in 1996 by Carey
whose five-year term had expired.
Preska approved diGenova despite
attacks by White who reportedly did not
want a conservative Republican on the
Board.
Initially, White reportedly killed
the Bush Administration's plan to name
diGenova as its IRB representative
through some behind-the-scenes maneu-
vering. Teamsters president James P.
Hoffa, who has been trying to improve
his union's relationship with the govern-
ment, countered White by selecting
diGenova as the union's representative to
the Board. White reportedly then
launched an underground campaign to try
to block diGenova again. White con-
tended in a letter to Preska that diGenova
could not remain neutral while serving on
the IRB. In the end, White's efforts to
block diGenova proved futile.
As She Rides Off Into the Sunset
The simple fact that White was a
Clinton appointee handling a politically
sensitive caseload should have been rea
son enough for the incoming Bush Ad-
ministration to show her the door on Janu-
ary 20. But she was not terminated be-
cause she jumped on the Clinton-Rich
pardon probe, is looking into possible
wrongdoing by Senator Robert G.
Torricelli (D-NJ), and, more significantly,
has some expertise in prosecuting terror-
ists, mainly those involved in the Africa
and 1993 World Trade Center attacks. On
November 16, the day of her resignation
announcement, the Washington Post re-
ported that the Torricelli and pardon in-
vestigations are winding to a close.
Earlier this year, as two terrorist cases
on the 1998 Africa bombings were pend-
ing, White failed to win death sentences
against two of Osama bin Laden's hench-
men: Khalfan Khamis Mohamed and
Mohamed Rashed Daoud 'Owhali.
The September 11 terrorist attacks
created a heightened need for prosecutors
to focus on terrorism, so for a while it
appeared unlikely that White would be
asked to leave. But that changed on Octo-
ber 9, when Attorney General John
Ashcroft formed the "9/11 Task Force" to
manage Justice's prosecution of terrorists.
New York Times reporters David Johnson
and Benjamin Weiser bluntly called it "a
rebuff of Mary Jo White" because, unlike
recent terrorism prosecutions, central de-
cision making will now be made in Wash-
ington, not New York.
It is possible that the dual blows, in
the same week, of bungling the Carey trial
and being stripped of prominent terrorist
prosecution authority, may have influ-
enced White's decision. She traveled to
Washington in October to lobby Attorney
General Ashcroft to allow her to keep con-
trol over any indictments related to the
World Trade Center attacks, but was un-
successful.
A successor has not been named as of
this writing. Possible candidates include:
New York Governor George Pataki's
counsel Jim McGuire, onetime aide to
former Senator Alfonse D'Amato (R-NY)
Robert Giuffria, former assistant U.S. At-
torney Thomas E. Engel, and federal pros-
ecutor John R. Wing.
From the perspective of the Teamsters
money-laundering scandal, White leaves
behind a major lost case and a host of pos
sible suspects still at large. Powerful in-
dividuals such as Richard Trumka and
Terry McAuliffe should not be given a free
ride. Justice requires a different result.
Therefore, it is imperative that President
Bush appoint a Southern District prosecu-
tor who will be ready to hit the ground
running in the prosecution of union cor-
ruption. Judging from what White has left
undone, her successor will have a lot of
catching up to do.
Ken Boehm is Chairman of the National
Legal and Policy Center, a union corruption
watchdog group that publishes the
Union Corruption Update newsletter. See
www.nlpc.org.