This story has been updated.
Lawyers for former lobbyist Kevin Ring asked a federal judge on Wednesday to set aside the ex-influence peddler’s conviction on conspiracy, providing illegal gratuities and honest services wire fraud charges.
Kevin Ring (Getty Images)
Ring’s defense wrote in a motion to acquit submitted to U.S. District Court Judge Ellen Huvelle in D.C. that the former lobbyist’s Nov. 15 conviction contains “speculative, outlier verdicts.” Ring, a former colleague of convicted ex-lobbyist Jack Abramoff, was accused of offering meals and free event tickets to 11 public officials in exchange for earmarks and other “official actions.” His first trial in 2009 ended in a hung jury.
“There is no legitimate or rational basis for these verdicts, which find no support in the evidence,” Ring’s lawyers wrote in a court filing. “They can be explained by juror susceptibility to rampant witness speculation, the unpopularity of our system of campaign financing and legal lobbying, and repeated efforts to minimize what it was the government needed to prove.”
Ring’s lawyers also filed a motion for a new trial if the ex-influence peddler isn’t acquitted. He is represented by Andrew T. Wise and Timothy P. O’Toole, members at the law firm of Miller & Chevalier Chartered in D.C.
Justice Department spokeswoman Laura Sweeney told Main Justice that the verdict in the case “speaks for itself.” She said prosecutors will respond to the motions in court by Jan. 15.
In November, DOJ officials lauded Ring’s conviction, which came in the wake of the Skilling v. United States decision by the Supreme Court in July. The ruling severely limited how prosecutors can use the honest services fraud statute.
The Supreme Court ruled that prosecutors must limit the use of the honest services law to strict cases of kickbacks and bribery. Prosecutors previously had a more liberal view of the statute, with some claiming they used the law as a “catch-all” tool to prosecute white collar crimes.
With the more restrictive conditions, prosecutors were forced to prove that Ring and the public officials he interacted with violated their “lawful duty” to the public. Prosecutors argued at trial that Ring and the other lobbyists at his firm had an explicit deal that they would give contributions to members of Congress in exchange for official actions. Ring’s defense said the former lobbyist was skilled at his work, and did not use illegal techniques on behalf of his clients.
The jury ultimately agreed with prosecutors, finding that gifts Ring provided to Robert Coughlin, a former Justice Department official; John Albaugh, the former chief of staff to Rep. Ernest Istook (R-Okla.), a former senior member of the House Appropriations Committee; and former Rep. John Doolittle (R-Calif.), broke the law. He was acquitted on three other charges.
[...] in a court filing to U.S. District Court Judge Ellen Huvelle that Ring’s motion to acquit submitted on Dec. 15 shows a “fundamental misunderstanding” of court procedure. The former [...]