Trouble followed three of Clinton’s ‘midnight pardons’

At least three individuals pardoned by President Clinton during his last minutes in office have run into further trouble with the government.

But despite the recent brouhaha over President Bush’s commutation of the prison sentence of I. Lewis “Scooter” Libby and the controversy surrounding Clinton’s “midnight pardons,” Congress has shown little appetite for making substantial changes to the executive branch’s clemency power.

While some lawmakers over the last decade have called for changes to the pardon system, the few bills proposed have not come close to becoming law.

Financier Marc Rich, businessman Almon Glenn Braswell and Roger Clinton Jr., the president’s half-brother, were among the 140 individuals President Clinton pardoned during his last day in office. The GOP-led Congress investigated these pardons in 2001, probing the familial and financial connections between the White House and those pardoned.

The legal issues that the trio faced over the past six years range from drug charges to fraud to tax evasion.

Clemency experts said it was not surprising that legal trouble continued to follow pardon recipients. Douglas Berman, a law professor at Ohio State University, said to believe otherwise would be “wishful thinking” given the “inevitable realities” about many individuals seeking presidential pardons.

“You could pick 500 of the sweetest human beings on the planet, keep a close eye on them long enough, and a percentage of them are going to do something bad,” Berman said. “Tigers don’t tend to change their stripes all that much.”

Roger Clinton, who received a pardon for two 1985 charges related to the possession and distribution of cocaine, was arrested and charged with two counts of driving under the influence less than a month after his half-brother left the White House. He pleaded guilty to a non-alcohol-related reckless driving charge, which spared him jail time.

Rich received a pardon for charges, dating to 1983, of tax evasion, tax fraud and violating U.S. embargoes by trading with Iran during the U.S. hostage crisis. Both he and business partner Pincus Green were in Switzerland at the time of their indictment, and neither returned to the U.S.

The Rich pardon sparked bipartisan outrage and congressional investigations to determine whether Rich’s ex-wife, Denise Rich, received a quid pro quo for contributing approximately $1 million to Hillary Rodham Clinton’s Senate campaign, the Clinton presidential library fund and other Democratic causes.

A Federal Election Commission inquiry into whether Denise Rich had donated money and furniture to Hillary Clinton’s Senate campaign in exchange for a pardon concluded there was not a quid pro quo.

Marc Rich, however, returned to the post-pardon spotlight when allegations arose over his involvement in Iraq’s oil-for-food program, which funneled $1.8 billion in illicit profits to Saddam Hussein.

In early 2005 Rich told congressional investigators that he was authorized to buy and sell oil as part of the program, though he denied knowledge of any bribery schemes involved.

But congressional investigators thought he was not being completely forthcoming. “Mr. Rich's answers were non-responsive, which is no surprise because we believe he knows more than he wishes to acknowledge,” a spokesman for then-House International Relations Committee Chairman Henry Hyde (R-Ill.) told Fox News at the time.

Later that year, a U.N.-backed investigation into the oil-for-food scandal reported that Marc Rich & Co. had secretly financed 4 million barrels of oil under a contract given to a French-based shell company.

According to the report, “Surcharges were imposed on the oil, [and] Marc Rich & Co. directed BNP Paris [Banque Nationale de Paris] not to disclose its identity to BNP NY in connection with its financing of the U.N. contract.”

Despite the report, Rich & Co. continued to categorically deny any wrongdoing in the oil-for-food case.

Braswell received a pardon for a 1983 conviction on perjury and mail fraud for false claims made by his mail-order business, Gero Vita International, based on the effectiveness of a treatment for baldness.

It was subsequently revealed that Braswell had paid Hugh Rodham, Hillary Clinton’s brother, a sum of $200,000 to secure his pardon. Rodham later returned the money, as well as $200,000 he had received to lobby for the commutation of drug trafficker Carlos Vignali, at the behest of the Clintons.

Despite the pardon, other investigations into Gero Vita’s business practices continued. Braswell refused to testify at a September 2001 hearing on the matter, and in May 2003, the Federal Trade Commission lodged a separate complaint against Braswell and his company alleging false advertising and marketing.

In 2004, Braswell was imprisoned for tax evasion. Under a plea agreement, Braswell admitted that Gero Vita had not paid $4.5 million in taxes and served 18 months in jail. He also paid over $10 million in back-taxes.

After Clinton’s pardons in 2001, Sen. Arlen Specter (R-Pa.) proposed a bill to require individuals lobbying on behalf of a presidential pardon to register as lobbyists. The bill did not make it out of committee.

Similarly, a constitutional amendment proposed in February 2001 by Rep. Barney Frank (D-Mass.) prohibiting a pardon during a president’s last four months in office was not taken up by committee.

More recently, House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) vowed last month to undertake a full review of presidential clemency power. The committee held a hearing to examine the use and misuse of presidential pardons, but no legislation to limit the president's authority is in the works, a spokesman for the panel said.

While some states have acted to limit executive clemency power, such efforts have failed to gain traction of the federal level, said Daniel Kobil, an expert on clemency at Capital University Law School in Columbus, Ohio. Most of Clinton’s pardons were legitimate, he said.

“Congress can bluster and pull on their suspenders as much as they want,” Kobil said, “but they really can’t do anything except amend the Constitution.”

To do so, he added, would be unwise: “You just don’t nuke the Constitution because of one glitch.”

U.S. Department of Justice

Washington, D.C. 20530
January 20, 2001

Pardon Grants January 2001

Name	Home Town	Offenses
ALLEN, Verla Jean	Everton, Arkansas	False statements to agency of United States
ALTIERE, Nicholas M.	Las Vegas, Nevada	Importation of cocaine
ALTSCHUL, Bernice Ruth	Sherman Village, California	Conspiracy to commit money laundering
ANDERSON, Joe, Jr.	Grove Hill, Alabama	Income tax evasion
ANDERSON, William Sterling	Spartanburg, South Carolina	Conspiracy to defraud a federally insured financial institution, false statements to a federally insured financial institution, wire fraud
AZIZKHANI, Mansour T.	Huntsville, Alabama	Conspiracy and making false statements in bank loan applications
BABIN, Cleveland Victor, Jr.	Oklahoma City, Oklahoma	Conspiracy to commit offense against the United States by utilizing the U.S. mail in furtherance of a scheme to defraud
BAGLEY, Chris Harmon	Harrah, Oklahoma	Conspiracy to possess with intent to distribute cocaine
BANE, Scott Lynn	Mahomet, Illinois	Unlawful distribution of marijuana
BARBER, Thomas Cleveland	Hampton, Florida	Issuing worthless checks
BARGON, Peggy Ann	Monticello, Illinois	Violation of the Lacey Act, violation of the Bald Eagle Protection Act
BHATKA, Tansukhlal		Income tax evasion
BLAMPIED, David Roscoe	Ketchum, Idaho	Conspiracy to distribute cocaine
BORDERS, William Arthur, Jr.	Washington, D.C.	Conspiracy to corruptly solicit and accept money in return for influencing the official acts of a federal district court judge (Alcee L. Hastings), and to defraud the United States in connection with the performance of lawful government functions; corruptly influencing, obstructing, impeding and endeavoring to influence, obstruct and impede the due administration of justice, and aiding and abetting therein; traveling interstate with intent to commit bribery
BOREL, Arthur David	Little Rock, Arkansas	Odometer rollback
BOREL, Douglas Charles	Conway, Arkansas	Odometer rollback
BRABHAM, George Thomas	Austin, Texas	Making a false statement or report to a federally insured bank
BRASWELL, Almon Glenn	Doravilla, Georgia	Conspiracy to defraud government with respect to claims; perjury
BROWDER, Leonard	Aiken, South Carolina	Illegal dispensing of controlled substance and Medicaid fraud
BROWN, David Steven	New York, New York	Securities fraud and mail fraud
BURLESON, Delores Caroylene, aka Delores Cox Burleson	Hanna, Oklahoma	Possession of marijuana
BUSTAMANTE, John H.	Cleveland, Ohio	Wire fraud
CAMPBELL, Mary Louise	Ruleville, Mississippi	Aiding and abetting the unauthorized use and transfer of food stamps
CANDELARIA, Eloida		False information in registering to vote
CAPILI, Dennis Sobrevinas	Glendale, California	Filing false statements in alien registration
CHAMBERS, Donna Denise	Memphis, Tennessee	Conspiracy to possess with intent to distribute and to distribute cocaine, possession with intent to distribute cocaine, use of a telephone to facilitate cocaine conspiracy
CHAPMAN, Douglas Eugene	Scott, Arkansas	Bank fraud
CHAPMAN, Ronald Keith	Scott, Arkansas	Bank fraud
CHAVEZ, Francisco Larios	Santa Ana, California	Aiding and abetting illegal entry of aliens
CISNEROS, Henry G.
CLINTON, Roger
COHN, Stuart Harris	New Haven, Connecticut	1. Illegal sale of gold options 2. Illegal sale of silver options
COOPER, David Marc	Wapakoneta, Ohio	Conspiracy to defraud the government
COX, Ernest Harley, Jr.	Pine Bluff, Arkansas	Conspiracy to defraud a federally insured savings and loan, misapplication of bank funds, false statements
CROSS, John F., Jr.	Little Rock, Arkansas	Embezzlement by a bank employee
CUNNINGHAM, Rickey Lee	Amarillo, Texas	Possession with intent to distribute marijuana
DE LABIO, Richard Anthony	Baltimore, Maryland	Mail fraud, aiding and abetting
DEUTCH, John		Described in January 19, 2001 information
DOUGLAS, Richard		False statements
DOWNE, Edward Reynolds		Conspiracy to commit wire fraud and tax evasion; securities fraud
DUDLEY, Marvin Dean	Omaha, Nebraska	False statements
DUNCAN, Larry Lee	Branson, Missouri	Altering an automobile odometer
FAIN, Robert Clinton		Aiding and assisting in the preparation of a false corporate tax return
FERNANDEZ, Marcos Arcenio	Miami, Florida	Conspiracy to possess with intent to distribute marijuana
FERROUILLET, Alvarez		Interstate transport of stolen property, money laundering, false statements
FUGAZY, William Denis	Harrison, New York	Perjury in a bankruptcy proceeding
GEORGE, Lloyd Reid		Mail fraud
GOLDSTEIN, Louis	Las Vegas, Nevada	Possession of goods stolen from interstate shipment
GORDON, Rubye Lee	Tampa, Florida	Forgery of U.S. Treasury checks
GREEN, Pincus	Switzerland
HAMNER, Robert Ivey	Searcy, Arkansas	Conspiracy to distribute marijuana, possession of marijuana with intent to distribute
HANDLEY, Samuel Price	Hodgenville, Kentucky	Conspiracy to steal government property
HANDLEY, Woodie Randolph	Hodgenville, Kentucky	Conspiracy to steal government property
HARMON, Jay Houston	Jonesboro, Arkansas	1. Conspiracy to import marijuana, conspiracy to possess marijuana with intent to distribute, importation of marijuana, possession of marijuana with intent to distribute 2. Conspiracy to import cocaine
HEMMINGSON, John		Interstate transport of stolen property, money laundering
HERDLINGER, David S.	St. Simons Island, Georgia	Mail fraud
HUCKLEBERRY, Debi Rae	Ogden, Utah	Distribution of methamphetamine
JAMES, Donald Ray	Fairfield Bay, Arkansas	Mail fraud, wire fraud, and false statement to a bank to influence credit approval
JOBE, Stanley Pruet	El Paso, Texas	Conspiracy to commit bank fraud, and bank fraud
JOHNSON, Ruben H.	Austin, Texas	Theft and misapplication of bank funds by a bank officer or director
JONES, Linda		Conspiracy to commit bank fraud and other offenses against the United States
LAKE, James Howard		Illegal corporate campaign contributions, wire fraud
LEWIS, June Louise	Lowellville, Ohio	Embezzlement by a bank employee
LEWIS, Salim Bonnor	Short Hills, New Jersey	Securities fraud, record keeping violations, margin violations
LODWICK, John Leighton	Excelsior Springs, Missouri	Income tax evasion
LOPEZ, Hildebrando	San Isidro, Texas	Distribution of cocaine
LUACES, Jose Julio	Ft. Lauderdale, Florida	Possession of an unregistered firearm
MANESS, James Timothy		Conspiracy to distribute a controlled substance
MANNING, James Lowell	Little Rock, Arkansas	Aiding and assisting in the preparation of a false corporate tax return
MARTIN, John Robert	Gulf Breeze, Florida	Income tax evasion
MARTINEZ, Frank Ayala	Elgin, Texas	Conspiracy to supply false documents to the Immigration and Naturalization Service
MARTINEZ, Silvia Leticia Beltran	Elgin, Texas	Conspiracy to supply false documents to the Immigration and Naturalization Service
McCORMICK, John Francis	Dedham, Massachusetts	Racketeering conspiracy, racketeering, and violation of the Hobbs act
McDOUGAL, Susan H.
MECHANIC, Howard Lawrence		1. Violating the Civil Disobedience Act of 1968 2. Failure to appear 3. Making false statement in acquiring a passport
MITCHELL, Brook K., Sr.		Conspiracy to illegally obtain USDA subsidy payments, false statements to USDA, and false entries on USDA forms
MORGAN, Charles Wilfred, III	Little Rock, Arkansas	Conspiracy to distribute cocaine
MORISON, Samuel Loring	Crofton, Maryland	Willful transmission of defense information, unauthorized possession and retention of defense information, theft of government property
NAZZARO, Richard Anthony	Winchester, Massachusetts	Perjury and conspiracy to commit mail fraud
NOSENKO, Charlene Ann	Phoenix, Arizona	Conspiracy to defraud the United States, and influencing or injuring an officer or juror generally
OBERMEIER, Vernon Raymond	Belleville, Illinois	Conspiracy to distribute cocaine, distribution of cocaine, and using a communications facility to facilitate distribution of cocaine
OGALDE, Miguelina	Glendale, California	Conspiracy to import cocaine
OWEN, David C.	Olathe, Kansas	Filing a false tax return
PALMER, Robert W.	Little Rock, Arkansas	Conspiracy to make false statements
PERHOSKY, Kelli Anne	Bridgeville, Pennsylvania	Conspiracy to commit mail fraud
PEZZOPANE, Richard H.	Palo Heights, Illinois	Conspiracy to commit racketeering, and mail fraud
PHILLIPS, Orville Rex	Waco, Texas	Unlawful structure of a financial transaction
POLING, Vinson Stewart, Jr.	Baldwin, Maryland	Making a false bank entry, and aiding and abetting
PROUSE, Norman Lyle	Conyers, Georgia	Operating or directing the operation of a common carrier while under the influence of alcohol
PRUITT, Willie H. H., Jr.	Port Richey, Florida	Absent without official leave
PURSLEY, Danny Martin, Sr.	Goodlettsville, Tennessee	Aiding and abetting the conduct of an illegal gambling business, and obstruction of state laws to facilitate illegal gambling
RAVENEL, Charles D.	Charleston, South Carolina	Conspiracy to defraud the United States
RAY, William Clyde	Altus, Oklahoma	Fraud using a telephone
REGALADO, Alfredo Luna	Pharr, Texas	Failure to report the transportation of currency in excess of $10,000 into the United States
RICAFORT, Ildefonso Reynes	Houston, Texas	Submission of false claims to Veterans Administration
RICH, Marc	Switzerland
RIDDLE, Howard Winfield	Mt. Crested Butte, Colorado	Violation of the Lacey Act (receipt of illegally imported animal skins)
RILEY, Richard Wilson, Jr.		Possession of cocaine with intent to distribute
ROBBINS, Samuel Lee	Cedar Park, Texas	Misprision of a felony
RODRIGUEZ, Joel Gonzales	Houston, Texas	Theft of mail by a postal employee
ROGERS, Michael James	McAllen, Texas	Conspiracy to possess with intent to distribute marijuana
ROSS, Anna Louise	Lubbock, Texas	Distribution of cocaine
RUST, Gerald Glen	Avery, Texas	False declarations before grand jury
RUST, Jerri Ann	Avery, Texas	False declarations before grand jury
RUTHERFORD, Bettye June	Albuquerque, New Mexico	Possession of marijuana with intent to distribute
SANDS, Gregory Lee	Sioux Falls, South Dakota	Conspiracy to distribute cocaine
SCHWIMMER, Adolph		Conspiracy to commit an offense against the United States, conspiracy to export arms and ammunition to a foreign country and related charges
SERETTI, Albert A., Jr.	McKees Rocks, Pennyslvania	Conspiracy and wire fraud
SHAW, Patricia Campbell Hearst	Wilton, Connecticut	Armed bank robbery and using a firearm during a felony
SMITH, Dennis Joseph	Redby, Minnesota	1. Unauthorized absence 2. Failure to obey off-limits instructions 3. Unauthorized absence
SMITH, Gerald Owen	Florence, Mississippi	Armed bank robbery
SMITH, Stephen A.
SPEAKE, Jimmie Lee	Breckenridge, Texas	Conspiracy to possess and utter counterfeit $20 Federal Reserve notes
STEWART, Charles Bernard	Sparta, Georgia	Illegally destroying U.S. Mail
STEWART-ROLLINS, Marlena Francisca	Euclid, Ohio	Conspiracy to distribute cocaine
SYMINGTON, John Fife, III
TANNEHILL, Richard Lee	Reno, Nevada	Conspiracy and restraint of trade
TENAGLIA, Nicholas C.	Lafayette Hill, Pennsylvania	Receipt of illegal payments under the Medicare program
THOMAS, Gary Allen	Lancaster, Texas	Theft of mail by postal employee
TODD, Larry Weldon	Gardendale, Texas	Conspiracy to commit an offense against the U.S. in violation of the Lacey Act and the Airborne Hunting Act
TREVINO, Olga C.	Converse, Texas	Misapplication by a bank employee
VAMVOUKLIS, Ignatious	Exeter, New Hampshire	Possession of cocaine
VAN DE WEERD, Patricia A.	Tomahawk, Wisconsin	Theft by a U.S. Postal employee
WADE, Christopher V.
WARMATH, Bill Wayne	Walls, Mississippi	Obstruction of correspondence
WATSON, Jack Kenneth	Oakridge, Oregon	Making false statements of material facts to the U.S. Forest Service
WEBB, Donna Lynn	Panama City, Florida	False entry in savings and loan record by employee
WELLS, Donald William	Phenix City, Alabama	Possession of an unregistered firearm
WENDT, Robert H.	Kirkwood, Missouri	Conspiracy to effectuate the escape of a federal prisoner
WILLIAMS, Jack L.		Making false statements to federal agents
WILLIAMS, Kevin Arthur	Omaha, Nebraska	Conspiracy to distribute and possess with intent to distribute crack cocaine
WILLIAMS, Robert Michael	Davison, Michigan	Conspiracy to transport in foreign commerce securities obtained by fraud
WILSON, Jimmie Lee	Helena, Arkansas	Converting property mortgaged or pledged to a farm credit agency, and converting public money to personal use
WINGATE, Thelma Louise	Sale City, Georgia	Mail fraud
WOOD, Mitchell Couey	Sherwood, Arkansas	Conspiracy to possess and to distribute cocaine
WOOD, Warren Stannard	Las Vegas, Nevada	Conspiracy to defraud the United States by filing a false document with the Securities and Exchange Commission
WORTHEY, Dewey	Conway, Arkansas	Medicaid fraud
YALE, Rick Allen	Belleville, Illinois	Bank fraud
YASAK, Joseph A.	Chicago, Illinois	Knowingly making under oath a false declaration regarding a material fact before a grand jury
YINGLING, William Stanley		Interstate transportation of stolen vehicle
YOUNG, Phillip David	Little Rock, Arkansas	Interstate transportation and sale of fish and wildlife

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