APPENDIX A
Co-conspirator plea agreements (with final government recommendation at sentencing and ultimate sentence imposed by Court). All
references are to the 2003 Guidelines Manual.
Public Official Co-Conspirators Who Pled to Honest-Services Fraud
Defendant Date of Offense(s) Guideline Honest- Adjustments Total Government Court’s Sentence
Plea (Base Offense Services/Bribery Offense Recommendation
Level) Enhancements Level
Robert Ney 9/15/06 Honest- §2C1.7 (10) +8 +2 or +3 17 or 18 27 months (argued in 30 months
Services and (Elected Official) (Role in the (24-30 favor of +3 "Role in incarceration
Fraud, False §2C1.3 (6) Offense) months the Offense"
Statements, -3 or 27-33 enhancement)
Employment (Acceptance of months)
Restrictions Responsibility)
William Heaton 2/26/07 Honest- §2C1.7 (10) +8 -3 15 "Low end" of 6-12 48 months probation
Services (Elected Official) (Acceptance of (18-24 month range with
Fraud Responsibility) months) home confinement
(5K1.1 letter requested
5-level reduction)
Mark Zachares 4/24/07 Honest- §2C1.7 (10) +8 -3 15 12-18 months 48 months probation
Services (Elected Official) (Acceptance of (18-24 (5K1.1 letter requested (24 days in jail on
Fraud Responsibility) months) 2-level reduction) weekends)
John Albaugh 6/2/08 Honest- §2C1.7 (10) +8 -2 16 27 months 60 months probation
Services (Elected Official; (Acceptance of (21-27 (Objected to 2-level (4 months in
Fraud "greater than any Responsibility) months) reduction for halfway house)
adjustment … based Acceptance of
on value of [bribes]") Responsibility)
Ann Copland 3/10/09 Honest- §2C1.7 (10) +4 -2 12 10 to 16 months 48 months probation
Services (Value of bribe (Acceptance of (10-16 (75 days in halfway
Fraud "exceeds $10,000 but Responsibility) months) house, 75 days
is less than home detention)
$30,000")
Greenberg Traurig Lobbyist Co-Conspirators Who Pled to Honest-Services Fraud
Defendant Date of Offense(s) Guideline Honest-Services/ Adjustments Total Government Court’s
Plea (Base Offense Level) Bribery Offense Recommendation Sentence
Enhancements Level
Michael 11/21/05 Bribery, Fraud, §2C1.1 (10) for +2 +1 (Multiple 24* 24 months (5K1.1 20 months
Scanlon Honest-Services "Corruption Offenses" (More Than One Counts) (51-63 letter) incarceration
Fraud §2B1.1 (6) for "Fraud Bribe) -3 (Acceptance months)
Offenses" +8 of
(Elected Official) Responsibility)
Jack Abramoff 1/3/06 Bribery, Fraud, §2C1.1 (10) for +2 +4 (Role in the 31* 39 months 48 months
Honest-Services "Corruption Offenses" (More Than One Offense) (108-135 (5K1.1 letter incarceration
Fraud, Tax §2B1.1 (6) for "Fraud Bribe) +1 (Multiple months) requested 6-level
Evasion, Offenses" +8 Counts) reduction and
Employment §2T4.1 (22) for "Tax (Elected Official) -3 credit for time
Restrictions Offenses" (Acceptance of served for offense
Responsibility) in S.D. Fl.)
Neil Volz 5/8/06 Honest-Services §2C1.7 (10) for Honest- +8 -3 (Acceptance 15 "low end" of 4-10 24 months
Fraud, Serivces Fraud (Elected Official) of (18-24 months, with home probation
Employment §2C1.3 (6) for Responsibility) months) confinement
Restrictions Employment Restrictions (5K1.1 letter
requested 6-level
reduction)
Tony Rudy 3/31/06 Mail & Wire §2C1.7 (10) for Honest- +8 +2 (Multiple 17 Plea Agreement Not yet
Fraud, Honest- Services Fraud (Elected Official) Counts) (24-30 includes potential sentenced
Services Fraud, §2B1.1 (6) for Mail & -3 months) for 5K1.1 letter
Employment Wire Fraud (Acceptance of
Restrictions §2C1.3 (6) for Responsibility)
Employment Restrictions
Todd Boulanger 1/30/09 Honest-Services §2C1.7 (10) +8 -3 15 Plea Agreement Not yet
Fraud (Elected Official; (Acceptance of (18-24 includes potential sentenced
"greater than any Responsibility) months) for 5K1.1 letter
adjustment … based
on” bribe value)
Kevin Ring N/A Illegal §2C1.1 (10) +2 (More Than One +3 37 210 to 262 months
(Government's Gratuities, Bribe) (Role in the (210 to 262
current position Honest-Services +20 (Benefit received Offense) months)
re: Guidelines) Fraud in exchange for +2
bribes between (Obstruction of
$7mm and $20mm) Justice)
*Scanlon and Abramoff’s total offense level driven by §2B1.1, which related to the fraud on the Indian tribes. This resulted in an offense level of 26 for Scanlon (due to
$7 million to $20 million loss to the tribes) and 32 for Abramoff (due to $25 million loss to the tribes).