Criminal Laws Implicated by the Clinton Scandals
CRIMINAL LAWS IMPLICATED BY THE CLINTON SCANDALS: A PARTIAL LIST by Solitary, Poor, Nasty, Brutish & Short As details concerning overlapping scandals involving President and Mrs. Clinton have...
...18 U.S.C...
...Statutes implicated • 18 U.S.C...
...18 U.S.C...
...Up to 6 years in prison, $10,000 fine...
...Up to 6 years in prison, $10,000 fine...
...Total potential cnminal liability: 18 years in prison, more than $250,000 in fines...
...1519, prohibiting the creation of financial obligations unauthorized by appropriations...
...7206, which makes it a crime to file a tax return that the filers do not believe to be true and correct as to every material matter...
...Up to 6 years in prison, $5,000 fine...
...In compiling the list, we have not indulged in some of the wilder legal theories available—thus, for example, we do not assert that the Clintons might be prosecutable for running a criminal enterprise in violation of RICO...
...Section 7-6-207 of the Arkansas Code, requiring the filing of lists of political contributors...
...Hillary Rodham Clinton Alleged misconduct 1. In 1985, as counsel for Madison, submitted audit to state regulators to demonstrate that Madison was solvent...
...The McDougals were partners with the Clintons in Whitewater Development Co...
...666, which prohibits any state government employee from stealing or converting state property valued at over $5,000...
...Penalty Up to 5 years in prison and a fine...
...1622, prohibiting subornation of perjury...
...18 U.S.C...
...While president, engaged in cover-up activities with respect to all of the above, involving, among other things, the making of false statements about his role in and knowledge of the various scandals, and conspiring with others to have them make similar false statements...
...Penalty Up to 10 years in prison, $250,000 fine...
...18 U.S.C...
...18 U.S.C...
...Section 7-6-205 of the Arkansas Code, which prohibits use of false names to make political contributions...
...Statutes implicated • 18 U.S.C...
...26 U.S.C...
...Up to 3 years in prison, $100,000 fine...
...Statutes implicated • 18 U.S.C...
...15 U.S.C...
...Section 5-37-202 of the Arkansas Criminal Code, prohibiting the fraudulent creation of false business records...
...While governor, benefited from numerous errors in tax filings having to do with illegal deductions, treatment of capital gains, unreported income, etc...
...1007, which prohibits influencing "in any way" the actions of the FDIC by means of false statements...
...Section 5-52-103 of the Arkansas Criminal Code, which makes it a crime for a public servant to solicit a bribe...
...Up to 1 year in prison, $1,000 fine...
...6. While governor, extracted an illegal Small Business Administration loan from David Hale's investment company which went to James McDougal's wife...
...26 U.S.C...
...Up to 3 years in prison, $100,000 fine...
...1622, prohibiting subornation of perjury...
...Total potential criminal liability: disqualification from federal office, 178 years in prison, more than $2.5 million in fines...
...1014, prohibiting false statements designed to influence "in any way" the actions of federal financial regulators...
...Total potential criminal liability: 40 years in prison, more than $1 million in fines...
...Up to 5 years in prison, $2,000 fine...
...7206, which makes it a crime to file a tax return that the filers do not believe to be true and correct as to every material matter...
...But in the spirit of helping to inform the White House—and the Special Prosecutor—we offer the following list of potentially relevant criminal statutes, based on allegations that have appeared in the national press...
...Up to 10 years in prison and a fine of twice the amount of the pecuniary gain...
...Section 5-42-204 of the Arkansas Criminal Code, which makes it a crime to launder the proceeds of criminal activity...
...continued on next page) The American Spectator February 1994 17 10...
...Up to 3 years in prison, $100,000 fine...
...Hubbell's firm had previously represented Madison, or that Mrs...
...Also named Beverly Bassett, who had previously served as lawyer for Madison, commissioner of the Arkansas Securities Commission...
...Penalty Up to 15 years in prison, a fine, and disqualification from any federal office of honor, trust, or profit...
...8. While governor, pressured McDougal to retain Hillary Clinton to represent his S&L in order to help the Clintons financially...
...372, which prohibits conspiring to prevent any person from discharging the duties of federal office...
...16 The American Spectator February 1994 4. While governor, used state troopers for personal errands, to facilitate extramarital affairs, and to investigate campaign opponents...
...Alleged misconduct 1. Visited Arkansas state trooper Danny Ferguson in an effort to get him to change his story that Bill Clinton offered troopers federal jobs to discourage them from speaking about his actions...
...18 U.S.C...
...The American Spectator February 1994 19...
...Even so, the most recent crop of Clinton scandals already suggests a fairly impressive catalogue of possible crimes: Bill Clinton Alleged misconduct 1. While president, discussed possible federal jobs for Arkansas state troopers who had knowledge about potentially politically damaging stories of Clinton's marital infidelity and abuse of Arkansas Governor's office...
...18 The American Spectator February 1994 Bernard Nussbaum, White House Counsel Webster Hubbell, Associate Attorney General Betsey Wright, Former Clinton Aide, Current Associate Alleged misconduct 1. With Clinton political aides, circumscribed FBI and Park Police investigations into Vincent Foster's suicide, and gave Foster files to Bill Clinton's personal lawyer...
...While governor, participated in the destruction of Whitewater files...
...1001, which makes it a crime to conceal material facts in connection with matters within the jurisdiction of a United States agency...
...2. While president, approved actions by White House Counsel Bernard Nussbaum designed to circumscribe official federal investigations into White House aide Vincent Foster's death, and directed that documents found in Foster's office be removed from the White House and handed over to a private lawyer retained by the Clintons...
...Theft of employee time has been held to be a theft prohibited under Section 666...
...Up to 5 years in prison, $10,000 fine...
...1512, criminalizing attempts to influence testimony...
...208, which prohibits special government employees from acting in matters in which they or their partners have a financial interest...
...Penalty Up to 30 years in prison, $1,000,000 fine...
...371, making it a crime to conspire to defraud the federal government...
...Up to 5 years in prison, $10,000 fine...
...Up to 3 years in prison, $100,000 fine...
...Up to 1 year in prison, $1,000 fine...
...And, of course, because all the facts are not yet available, many statutes that may become relevant in the days ahead won't appear here...
...1503 and 1505, which prohibit obstruction of justice and obstruction of Justice Department or Congressional inquiries...
...Bassett would later give Madison regulatory approval on several of its requests...
...2. Failed to file election contribution reports identifying individual contributors to Clinton's 1984 gubernatorial campaign, thus hiding identity of possibly phantom contributors through whom McDougal funneled Madison funds to Clinton prior to Madison's collapse...
...1006, which makes it a crime to share "directly or indirectly" in any payment made in violation of federal laws governing small business investment companies...
...Total potential criminal liability: 21 years in prison, $25,000 in fines...
...Section 5-37-202 of the Arkansas Criminal Code, which prohibits the destruction of business records with the intent to defraud...
...1001, which makes it a crime to conceal material facts in connection with any matter within the jurisdiction of a United States agency...
...18 U.S.C...
...Any of a number of statutes governing employees of the White House and misuse of appropriations, but in particular 31 U.S.C...
...Statutes implicated • 18 U.S.C...
...Clinton knew and when she knew it...
...The McDougals...
...372, which prohibits conspiring to prevent any person—here, the FBI and Park Service investigators—from discharging the duties of federal office...
...26 U.S.C...
...Up to 2 years in prison, $5,000 fine...
...Maybe not...
...Up to 10 years in prison, $10,000 fine...
...7206, which makes it a crime to destroy any record relating to the "financial condition of the taxpayer...
...9. While governor, advised Gennifer Flowers, in taped conversation, to state falsely that they had never talked about her obtaining a state job...
...Up to 10 years in prison, $10,000 fine...
...18 U.S.C...
...Up to 2 years in prison, $5,000 fine...
...Clinton was a partner of McDougal...
...18 U.S.C...
...The loan was never repaid...
...Section 5-52-103 of the Arkansas Criminal Code, which makes it a crime for a public servant to accept a bribe...
...Alleged misconduct 1. As partner of Hillary Clinton in the Rose Law Firm, represented the FDIC in suit against Madison, without bothering to disclose to the FDIC that Mr...
...Section 5-53-110 of the Arkansas Criminal Code, which prohibits tampering with witnesses...
...Up to 10 years in prison...
...partners with the Clintons in Whitewater, have stated that they delivered Whitewater's records to the Arkansas Governor's mansion at the request of Mrs...
...1001, which makes it a crime to conceal material facts in connection with matters within the jurisdiction of a United States agency...
...Up to 1 year in prison, $1,000 fine...
...McDougal thereafter gave a portion of her loan to Whitewater Development Co...
...Statutes implicated • 18 U.S.C...
...Clinton have emerged, the Clintons and their public relations lieutenants have been adamant that, whatever happened, there have been no allegations that any laws were broken...
...Up to 5 years in prison, $10,000 fine...
...Up to 1 year in prison, $1,000 fine...
...Section 5-52-101 of the Arkansas Criminal Code, which makes it a crime to trade in public offices...
...Up to 30 years in prison, $1,000,000 fine...
...18 U.S.C...
...Up to 1 year in prison, $1,000 fine...
...372, which prohibits conspiring to prevent any person (such as Justice Department investigators) from discharging the duties of federal office...
...Up to 1 year in prison, $1,000 fine...
...Total potential criminal liability: 47 years in prison, more than $1.2 million in fines...
...Section 5-53-110 of the Arkansas Criminal Code, which prohibits tampering with witnesses...
...7. While Arkansas attorney general, shortly before becoming governor, received a 50-percent interest in Whitewater from the McDougals in return for an apparently nominal investment...
...7206, which makes it a crime to destroy any record relating to the "financial condition of the taxpayer...
...3. While president, had Vincent Foster perform personal legal work at taxpayer expense...
...Section 23-34-108 of the Arkansas Code, which prohibits intentionally false statements regarding banks...
...18 U.S.C...
...645, which prohibits making false statements for the purpose of obtaining any loan from the Small Business Administration...
...four years later, after Madison's collapse, her law partner, Webster Hubbell, attacked the bona fides of the audit in litigation in which he represented the FDIC, calling into question what Mrs...
...18 U.S.C...
...Up to 1 year in prison, $1,000 fine...
...18 U.S.C...
...18 U.S.C...
...201, which makes it a crime to offer or promise "directly or indirectly" anything of value to someone with the aim of influencing that person's testimony under oath...
...5. While governor, named John Latham, chief executive officer for Madison Guaranty, to a seat on the state S&L regulatory board...
...Up to 10 years in prison, $10,000 fine...
...1512, criminalizing attempts to influence testimony...
...Up to 6 years in prison, $5,000 fine...
...Up to 10 years in prison, $250,000 fine...
...Both Clintons deny receiving the documents, some of which are missing...
...nor do we include a charge, of the type beloved by Iran-contra prosecutor Lawrence Walsh, that the Clintons conspired to violate unenacted congressional policies...
...26 U.S.C...
...18 U.S.C...
...Up to 5 years in prison, $2,000 fine...
...1001, prohibiting concealment and false or misleading statements in connection with any matter within the jurisdiction of the Justice Department...
...McDougal would later host a fundraiser that would allegedly funnel Madison funds to Clinton...
...If they ever ask you if you've talked to me about it, you can say no...
...Up to 30 years in prison, $1,000,000 fine...
...Up to 6 years in prison, $10,000 fine...
...18 U.S.C...
...Section 5-52-103 of the Arkansas Criminal Code, which makes it a crime for a public servant to solicit a bribe...
...We expect that special counsel Robert Fiske is preparing a similar list...
...Up to 5 years in prison, $10,000 fine...
...Up to 5 years in prison, $10,000 fine...
...1503 and 1505, which prohibit obstruction of justice and obstruction of Justice Department or Congressional inquiries...
...1344, criminalizing frauds on financial institutions...
...2. Participated with her husband in the destruction of Whitewater files...
...Penalty Up to 6 years in prison, $5,000 fine...
...Up to 30 years in prison, $1,000,000 fine...
...3. Benefited with her husband from numerous errors in tax filings...
Vol. 27 • February 1994 • No. 2
