Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations
Independent Counsels Appointed Under
the Ethics in Government Act of 1978,
Costs and Results of Investigations
Updated June 8, 2006
Jack Maskell
Legislative Attorney
American Law Division
Independent Counsels Appointed Under
the Ethics in Government Act of 1978,
Costs and Results of Investigations
Summary
This report lists the independent counsels (called “special prosecutors” until
1983) appointed by the Special Division of the United States Court of Appeals upon
application from the Attorney General of the United States, under the provisions of
the law originally enacted in the Ethics in Government Act of 1978. The report
specifies the dates of the appointments of the independent counsels and the dates of
their final reports; sets out in summary fashion the areas or subjects of investigation
by the independent counsels; highlights the results of those investigations; and
provides the costs of the investigations through September 30, 2005, the date through
which the Government Accountability Office has completed the latest published
audit of the offices of independent counsels (published March 31, 2006).
The information provided from public documents indicates that there have been
20 reported independent counsel or special prosecutor investigations initiated under
the provisions of title VI of the Ethics in Government Act of 1978, as amended.
Because Congress did not pass a reauthorization of the law, the provisions of the
independent counsel law expired under a five-year “sunset” provision on June 30,
1999, and independent counsels are no longer named by the Special Division of the
Court. Investigations by independent counsels who had already been appointed
before June 30, 1999, however, were allowed to continue under the old provisions
of the law until the matters assigned to them had been completed (28 U.S.C. § 599).
Of the 20 independent counsel investigations, 12 of the investigations returned
no indictments against those investigated. Of the eight investigations that did return
at least one indictment, in three of those instances, there was no indictment brought
against the principal government official originally named as the target of that
independent counsel’s investigation; in three other instances, the principal
government official indicted was either acquitted or his conviction was overturned
on appeal. Thus, of the 20 independent counsel investigations initiated, although
several independent counsels obtained multiple convictions of certain persons
relating to the original subject matter or peripheral matters (including convictions of
several federal officials or former federal officials), only two federal officials who
were actually the named or principal subjects of the 20 investigations were finally
convicted of or pleaded guilty to the charges brought; in one of those two instances,
that person was pardoned by the President.
According to reports from the Department of Justice concerning early “special
prosecutor” and independent counsel investigations, and later published audits from
the Government Accountability Office, it is estimated that the total costs of all 20
independent counsel investigations through September 30, 2005, including unaudited
expenses of other agencies assisting the independent counsels and the government-
reimbursed costs of attorneys’ fees when provided, has been approximately
$228,712,589.
Contents
Background ......................................................1
List of Special Prosecutors/Independent Counsels........................5
Appendix .......................................................17
Independent Counsels Appointed Under
the Ethics in Government Act of 1978,
Costs and Results of Investigations
Background
The following list provides the names of the independent counsels (called
“special prosecutors” until 1983) who had been appointed by the special Division of
the Court for Appointing Independent Counsels, United States Court of Appeals for
the District of Columbia, upon application from the Attorney General of the United
States under the provisions originally enacted in the Ethics in Government Act of
1978.1 The list sets out in summary fashion the areas or subjects of investigation by
the independent counsel and briefly highlights the results of those investigations.
The cost information for investigations is also included, derived either from
published reports of the audits by the Government Accountability Office (GAO,
formerly the General Accounting Office), when that agency began auditing under the
statute, or as set out in a Senate Committee on Governmental Affairs report from
information received from the Department of Justice about investigations prior to
1985.2 The most current information on costs was derived by adding and cumulating
the total expenditures (including unaudited amounts from other federal agencies and
the amounts reimbursed to individuals for attorneys’ fees when those figures are
available) from the six-month GAO audit reports on the independent counsel
ex penditures. 3
1 For background on the operation of the former law, see CRS Report 98-283, Independent
Counsel Provisions: An Overview of the Operation of the Law, by Jack Maskell. The
independent counsel provisions of federal law expired on June 30, 1999.
2 S.Rept. 102-417, 102d Congress, 2d Session (1992).
3 In addition to cumulative report setting out expenditures from June 11, 1985, to March 31,
1996]), see reports on expenditures for the six months ending September 30, 1996 (GAO
Report B-275388, GAO/AIMD-97-64 Independent Counsel [March 31, 1997]), Financial
Audit — Independent Counsel Expenditures for the Six Months Ended September 30, 1996;
expenditures for the six months ending March 31, 1997 (GAO Report B-277107,
GAO/AIMD-97-164 Independent Counsel [September 30, 1997]), Financial Audit —
Independent Counsel Expenditures for the Six Months Ended March 31, 1997; expenditures
for the six months ending September 30, 1997 (GAO Report B-278605, GAO/AIMD-98-100
Independent Counsel [March 31, 1998]), Financial Audit — Independent Counsel
Expenditures for the Six Months Ended September 30, 1997; expenditures for the six months
(continued...)
The list of independent counsels and special prosecutors includes those
appointed by the Special Division of the Court, whose appointments were made a
matter of public record. Noted also as “sealed” are those independent counsels
whose identity and/or prosecutorial jurisdiction have been kept confidential. Under
the former federal law governing independent counsels, information on the
appointment of independent counsels and on the targets of an investigation was
generally to be kept confidential unless the Division of the Court deemed it to be in
3 (...continued)
ending March 31, 1998 (GAO Report B-279972, GAO/AIMD-98-285 Independent Counsel
[September 30, 1998]), Financial Audit — Independent Counsel Expenditures for the Six
Months Ended March 31, 1998; expenditures for the six months ending September 30, 1998
(GAO Report B-281406, GAO/AIMD-99-105 Independent Counsel [March 31, 1999]),
Financial Audit — Independent Counsel Expenditures for the Six Months Ended September
GAO/AIMD-99-292 Independent Counsel [September 30, 1999]), Financial Audit —
Independent Counsel Expenditures for the Six Months Ended March 31, 1999; expenditures
for the six months ending September 30, 1999 (GAO Report B-284845, GAO/AIMD-00-120
Independent Counsel [March 31, 2000]), Financial Audit — Independent Counsel
Expenditures for the Six Months Ended September, 30, 1999; expenditures for the six
months ending March 31, 2000 (GAO Report B-286132, GAO/AIMD-00-310 Independent
and Special Counsel [September 29, 2000]), Financial Audit — Independent and Special
Counsel Expenditures for the Six Months Ended March 31, 2000; expenditures for the six
months ending September 30, 2000 (GAO Report, GAO-01-505 Independent and Special
Counsel [March 30, 2001]), Financial Audit — Independent and Special Counsel
Expenditures for the Six Months Ended September 30, 2000; expenditures for the six months
ending March 31, 2001 (GAO Report, GAO-01-1035 Independent and Special Counsels
[September 28, 2001]), Financial Audit — Independent and Special Counsel Expenditures
for the Six Months Ended March 31, 2001; expenditures for the six months ending
September 30, 2001 (GAO Report, GAO-02-443 Independent and Special Counsels [March
29, 2002]), Financial Audit — Independent and Special Counsel Expenditures for the Six
Months Ended September 30, 2001; expenditures for the six months ending March 31, 2002
(GAO Report, GAO-02-1068 Independent Counsel [September 30, 2002]), Financial Audit
— Independent Counsel Expenditures for the Six Months Ended March 31, 2002;
expenditures for the six months ending September 30, 2002 (GAO Report, GAO-03-445
Independent Counsel [March 31, 2003]), Financial Audit — Independent Counsel
Expenditures for the Six Months Ended September 30, 2002; expenditures for the six months
ending March 31, 2003 (GAO Report, GAO-03-1098 Independent Counsel [September 30,
2003]), Financial Audit — Independent Counsel Expenditures for the Six Months Ended
March 31, 2003; expenditures for the six months ending September 30, 2003 (GAO Report,
GAO-04-525 Independent Counsel [March 31, 2004]), Financial Audit — Independent
Counsel Expenditures for the Six Months Ended September 30, 2003; expenditures for the
six months ending March 31, 2004 (GAO Report, GAO-04-1014 Independent Counsel
[September 30, 2004]), Financial Audit — Independent Counsel Expenditures for the Six
Months Ended March 31, 2004; expenditures for the six months ending September 30, 2004
(GAO Report, GAO-05-359 Independent Counsel [March 31, 2005]), Financial Audit —
Independent Counsel Expenditures for the Six Months Ended September 30, 2004;
expenditures for the six months ending March 31, 2005 (GAO Report, GAO-05-961
Independent Counsel [September 30, 2005]), Financial Audit — Independent Counsel
Expenditures for the Six Months Ended March 31, 2005; and expenditures for the six
months ending September 30, 2005 (GAO Report, GAO-06-485 Independent Counsel
[March 31, 2006]), Financial Audit — Independent Counsel Expenditures for the Six
Months Ended September 30, 2005.
the public interest to release, or unless and until an indictment or criminal
information had been returned.4
Total Costs of Investigations. There have been 20 independent counsel or
special prosecutor investigations initiated under the statutory mechanisms originally
enacted as part of the Ethics in Government Act of 1978. These investigations,
according to reports from the Department of Justice concerning early special
prosecutor and independent counsel investigations, and later published audits from
the Government Accountability Office, have cost, as of September 30, 2005, a total
of approximately $228,712,589.
Independent Counsel Law Expiration and Appointment of “Special
Counsels.” The statutory provisions for the appointment of independent counsels
expired under a five year “sunset” provision at the end of June, 1999, when the law
was not reauthorized by Congress, and thus no new independent counsels may be
appointed by the Special Division of the Court. Under the general authority of the
Attorney General of the United States, however, the Attorney General may hire and
appoint temporary personnel within the Department of Justice or reassign personnel
within the Department to conduct investigations and prosecutions on behalf of the
United States. Regulations governing the selection and procedures of “special
counsels” appointed by the Attorney General were promulgated in 1999.5 In addition
to the statutory “independent counsel” investigations, there have been other “special
counsel” investigations for which separate cost figures have been released. It was
reported by GAO that Robert Fiske’s portion of the investigation of “Whitewater,”
prior to the 1994 reauthorization of the Independent Counsel law, cost $6,073,000;6
and that former Senator John Danforth’s special counsel investigation of the Waco
incident has expended $15,536,793.7
In addition, under the general statutory authority of the Attorney General to hire
staff and oversee the conduct of federal criminal investigations and prosecutions, the
Justice Department on December 30, 2003, designated Patrick Fitzgerald, United
States Attorney for the Northern District of Illinois, as the “Special Counsel” to
investigate the alleged unauthorized disclosure of a CIA employee’s identity. The
Government Accountability Office ruled that the expenses for the investigation by
Special Counsel Fitzgerald, although he was not appointed under the standing
“Special Counsel” regulations promulgated by the Department of Justice, could be
paid from the permanent, indefinite appropriation for Independent Counsels in the
4 28 U.S.C. § 593(b)(4).
5 28 C.F.R. Part 600, §§ 600.1 - 600.10; see 64 Fed. Reg. 37038-37044, July 9, 1999. For
general information, note, CRS Report RL31246, Independent Counsel Law Expiration and
the Appointment of “Special Counsels,” by Jack Maskell.
6 GAO/AIMD-97-24R, supra at 4.
7 GAO/AIMD-00-310, supra at 34, 36 (Sept. 2000); GAO-01-505, supra at 31, 33 (March
2001); GAO-01-1035, supra at 29, 31 (Sept. 2001); GAO-02-443, supra at 29 (March
GAO-03-1098, supra at 4 (Sept. 2003); and GAO-04-1014, supra at 5 (Sept. 2004).
Department of Justice,8 and has indicated that the total expenses of that office, as of
September 31, 2005, have been $902,118.9
Results of Independent Counsel Investigations. Of the 20 independent
counsel investigations that were initiated under the former statutory mechanism, in
a majority of the cases — specifically in 12 of the investigations — no indictments
were brought against anyone investigated. Of the 8 investigations which did return
at least one indictment, in 3 of those instances there was no indictment brought
against the principal Government official originally named as the subject or target of
that independent counsel’s investigation.10 In the remaining 5 investigations where
the Federal official named as the principal subject of the investigations was indicted,
in 3 of such instances that principal Government official indicted was either11
acquitted, or his conviction was overturned on appeal or remanded for re-trial and
the matter dropped by the prosecution.12 Thus, of the 20 independent counsel
investigations initiated, although several independent counsel investigations resulted
in multiple convictions of persons relating either to the original subject matter or a
peripheral matter, including the convictions of federal officials and former federal
officials involved, only two federal officials who were actually the named subjects
of the 20 investigations were finally convicted of or pleaded guilty to the charges
brought. In the Independent Counsel Seymour investigation of presidential aide
Michael Deaver, Mr. Deaver was convicted of the “collateral” offense of perjury, and
received a suspended sentence and a fine; while in the Independent Counsel Barrett
investigation of Secretary Cisneros, Mr. Cisneros pleaded guilty to a misdemeanor
charge, was fined, and was eventually pardoned by the President.
8 United States Government Accountability Office, B-302582, Special Counsel and
Permanent Indefinite Appropriation, September 30, 2004.
9 GAO-05-359, supra at 17 (March 2005); GAO-05-961, supra at 12 (September 2005);
GAO-06-485, supra at 13 (March 2006).
10 Independent Counsels Adams and Thompson investigation of HUD and HUD Secretary
Pierce; Independent Counsels Starr and Ray investigation of President Clinton and First
Lady Hillary Clinton, “Whitewater” and later referred matters; and Independent Counsel
Lancaster investigation of Secretary Herman. The Adams/Thompson investigation of the
Reagan Administration HUD, however, resulted in 11 guilty pleas and 6 criminal
convictions (one of which was overturned on appeal); and the Starr/Ray investigations of
“Whitewater” resulted in 14 guilty pleas and 3 criminal convictions.
11 Independent Counsel Smaltz investigation of Secretary Espy (The Independent Counsel
Smaltz investigation, however, resulted in 8 other guilty pleas, 1 “no contest” plea, 2
settlements of civil suits, and 6 criminal convictions).
12 Independent Counsel Walsh investigation of Lt Col. Oliver North and “Iran-Contra.” One
of North’s criminal convictions was overturned on appeal, while two others were remanded
to the trial court, where the Independent Counsel decided not to pursue the prosecution. The
Independent Counsel Walsh investigation of “Iran-Contra” resulted in 7 guilty pleas and 4
criminal convictions (2 of which, North and Poindexter, were overturned or dropped on
remand). The Independent Counsel McKay investigation of White House aide Franklyn
Nofziger resulted in the conviction of Nofziger, which was overturned on appeal because
of a technical failure of the pleadings in the indictment.
List of Special Prosecutors/Independent Counsels
The special prosecutors and independent counsels appointed by a special
judicial panel at the request of the Attorney General, under the provisions of federal
law originally enacted in the Ethics in Government Act of 1978, have included:
1. Arthur H. Christy (appointed November 29, 1979). Investigated allegations
concerning President Carter’s Chief of Staff Hamilton Jordan, regarding alleged
cocaine use. In his final report, the special prosecutor found “insufficient evidence
to warrant the bringing of criminal charges.”13 Final report filed May 28, 1980. Cost
of investigation: $182,000.14
2. Gerald J. Gallinghouse (appointed September 9, 1980). Investigated
allegations concerning President Carter’s national campaign manager Tim Kraft,
regarding alleged cocaine use. In the final report, the special prosecutor found the
allegations “so unsubstantiated that it did not warrant further investigation.”15 Report16
filed January 15, 1982. Cost of investigation: $3,300.
3. Leon Silverman (appointed December 29, 1981). Investigated allegations
concerning President Reagan’s Secretary of Labor Raymond J. Donovan, regarding
bribery of labor union officials and certain connections to organized crime. The
special prosecutor found “insufficient evidence to warrant any prosecution” and no
“credible evidence” concerning the allegations in final and supplemental
investigative reports, filed June 25, 1982, and September 1982.17 The cost of this
investigation was $318,000.18 Further investigation commenced on June 11, 1985,
upon referral to investigate alleged false testimony before grand jury. No indictments
sought. Filed final investigative report on November 30, 1988. The cost of the
second investigation was $7,200.19
4. Jacob A. Stein (sworn in April 2, 1984). Investigated allegations concerning
President Reagan’s nominee for Attorney General, Edwin Meese, regarding his
finances, financial disclosure and other allegations including trading in public offices.
Independent counsel Stein found “no basis with respect to any of the eleven
13 Report of Special Prosecutor on Alleged Possession of Cocaine by Hamilton Jordan in
Violation of 21 U.S.C. § 844(a) at 3, May 28, 1980.
14 S.Rept. 102-417, supra at 9.
15 Report of Special Prosecutor In Compliance With 28 U.S.C. 595(b) at 20, January 18,
16 S.Rept. 102-417, supra at 9.
17 Report of the Special Prosecutor at 294, 295 (June 25, 1982), and Supplemental Report
of the Special Prosecutor, September 1982.
18 S.Rept. 102-417, supra at 9. This figure is the Senate Committee’s amount for two
investigations, minus the GAO reported figure for the second (1985-1988) investigation,
reported separately here.
19 GAO Report to Congressional Committees, Financial Audit, Expenditures by Nine
Independent Counsels, B-250044, October 1992.
allegations” for bringing criminal charges.20 Final report issued September 20, 1984.
The cost of the investigation was $312,000.21
5. Alexia Morrison (appointed May 29, 1986). Alexia Morrison was
appointed after the resignation of independent counsel James C. McKay (appointed
April 23, 1986), to investigate allegations concerning former Assistant Attorney
General Theodore B. Olson allegedly giving false testimony to Congress regarding
the EPA “superfund” inquiry. Found that “there is insufficient credible evidence” of
false statements or obstruction of justice, that any prosecution based on congressional
testimony “would confront certain legal obstacles which would, at the minimum,
cloud the prospects for success,” and that “there is no evidence” of a conspiracy to
obstruct a congressional committee’s inquiry.22 Final report released March 14,
6. Whitney North Seymour Jr. (appointed May 29, 1986). Investigated
charges concerning former President Reagan aide Michael K. Deaver, regarding
alleged violations of post-employment conflict of interest laws in representing certain
foreign clients before the White House after leaving government employment.
Michael Deaver was convicted, December 16, 1987, on three counts of perjury. He24
was sentenced on September 23, 1988, to three years probation and fined $100,000.
The independent counsel’s final report filed August 16, 1989. The cost of the25
investigation was $1,552,000.
7. Lawrence E. Walsh (appointed December 19, 1986). Was named to
investigate potential criminal misconduct of Lt. Colonel Oliver North, and other
government officials, in the so-called “Iran Contra” matter concerning sale of arms
to Iran and the alleged diversion of profits from the sale to support the Contras in
Nicaragua in violation of federal law. Pleading guilty to various offenses related to
the Iran-Contra matter were: Elliott Abrams, former Assistant Secretary of State for
Inter-American Affairs; Carl R. “Spitz” Channell, private fund-raiser; Alan D. Fiers,
former chief of CIA Central American task force; Albert Hakim, private
businessman; Robert C. McFarlane, former National Security Advisor in Reagan
White House; Richard R. Miller, head of a public relations firm; and Air Force Major
General Richard V. Secord (Ret.). Convicted of federal offenses were: Thomas
Clines, former CIA agent; Clair George, former CIA deputy director; Lt. Col. Oliver
L. North (Ret.), National Security Council staff, convicted on three counts of federal
criminal law, one of which was overturned by the United States Court of Appeals for
20 Report of Independent Counsel Concerning Edwin Meese III, at 11, September 20, 1984.
21 S.Rept. 102-417, supra at 9.
22 Report of the Independent Counsel and Appendix to Report of the Independent Counsel,
In re Theodore B. Olson and Robert M. Perry at 139, March 14, 1989. With respect to Mr.
Perry (former General Counsel of the EPA), the independent counsel concluded “that there
is insufficient credible and admissible evidence” to prosecute for perjury.
23 GAO/AIMD-97-24R, supra at 4.
24 The Washington Post, September 24, 1988, at A1.
25 GAO/AIMD-97-24R, supra at 4.
the District of Columbia Circuit, the other two dropped by request of the Independent
Counsel after the Court of Appeals remanded the convictions back to the trial court
for determination of which charges were not “tainted” by North’s immunized public
testimony and admissions before Congress regarding the conduct which was the
subject of the criminal convictions;26 Rear Admiral John M. Poindexter, National
Security Advisor, convicted of five felonies, all of which were overturned by an
Appeals Court ruling that his and Colonel North’s immunized congressional
testimony was used against him and tainted the convictions.27 Persons indicted:
Duane Clarridge, former chief of the Latin American Division of the Operations
Directorate, C.I.A.; Joseph F. Fernandez, former CIA station chief whose indictment
was dismissed when CIA refused to release classified information needed for his
defense; and Casper Weinberger, former Secretary of Defense.
On December 24, 1992, President George Bush pardoned Casper Weinberger
and Duane Clarridge, both of whom had been indicted and were awaiting trial; and
pardoned Clair George, Elliott Abrams, Alan Fiers and Robert McFarlane, all of
whom had either been found guilty or had pleaded guilty to various offenses in
connection with the “Iran-Contra” matter.
The final report of the Independent Counsel in the “Iran-Contra” matter was
filed August 4, 1993. The cost of the investigation was $47,873,400.28
8. James C. McKay (appointed February 2, 1987). Appointed to investigate
allegations concerning former White House staffer Franklyn C. Nofziger and
potential violations of post-employment “revolving door” conflicts of interest in
relation to alleged “influence peddling” and lobbying activities performed for
Wedtech Corporation. On May 11, 1987, Mr. McKay was referred the additional
matter of Attorney General Edwin Meese’s conduct concerning the Wedtech
Corporation, Mr. Meese’s financial holdings and potential conflicts of interest, Mr.
Meese’s involvement in the Aqaba Pipeline project and other matters. Independent
Counsel concluded in a July 5, 1988, report that with respect to criminal conflicts of
interest under 18 U.S.C. § 208 and Mr. Meese’s financial interests in the regional
Bell companies, and with respect to filing materially false tax returns, “in certain
instances Mr. Meese’s conduct probably violated the criminal law, but that no
prosecution is warranted”; and that with respect to bribery, illegal gratuities and the
Foreign Corrupt Practices Act involving the Aqaba Pipeline, there is “insufficient29
evidence” to conclude that Mr. Meese violated the law. Obtained conviction of
Nofziger on February 11, 1988, on three counts of a four count indictment.
Conviction of Nofziger overturned on appeals on technical failure of pleadings in the
26 United States v. North, 920 F.2d 940 (D.C.Cir. 1990).
27 United States v. Poindexter, 951 F.2d 369 (D.C.Cir. 1991), cert. denied, 506 U.S. 1021
(1992).
28 GAO/AIMD-97-24, supra at 4; GAO/AIMD-98-285, supra at 5, re attorneys’ fees.
29 Report of Independent Counsel In Re Edwin Meese III, at 50-53, July 5, 1988.
original indictment.30 Final report filed July 18, 1988. The cost of the investigation
was $2,796,000.31
9. James R. Harper, appointed August 17, 1987 to replace Carl S. Rauh
(appointed December 19, 1986). The subject of the investigation was sealed. No
indictments sought. Investigative report filed December 18, 1987. The cost of the32
investigation was $50,000.
10. Sealed. Independent counsel appointed May 31, 1989. No indictments
returned. Report filed August 23, 1989. Cost of the investigation: $15,000.33
11. Larry D. Thompson, appointed July 3, 1995 to replace Arlin M. Adams
(appointed March 1, 1990). Appointed to investigate allegations of criminal
conspiracy to defraud the United States (involving favoritism and payments made to
officials to influence the award of grants and subsidies in programs of the
Department of Housing and Urban Development during the Reagan Administration)
by Samuel R. Pierce, former Secretary of the Department of Housing and Urban
Development, and others.
The Office of Independent Counsel announced on January 11, 1995 that no
indictment would be sought for former Secretary Pierce in light of the Secretary’s
admissions of mismanagement of, and responsibility for corruption at, the
Department of Housing and Urban Development, his age, his deteriorating health, the
lack of personal benefit to the Secretary or his family, and conflicting evidence of
intent.34 The results of independent counsels’ investigations with respect to other
persons were as follows: Carlos A. Figueroa, consultant, pleaded guilty to making
false statements with intent to defraud in relation to monies paid to HUD officials in
exchange for influence in making HUD grants for Moderate Rehabilitation subsidies;
Joseph A. Straus, former special assistant to HUD Secretary Pierce from 1981 to
1983, pleaded guilty to conspiracy and cover up in the receipt of payments from a
private developer in return for helping the developer obtain federal monies for
rehabilitation projects; J. Michael Queenan and Ronald L. Mahon, former HUD
officials “who obtained ... federal HUD subsidies after they became developers,”
found guilty of bribery, conspiracy to commit bribery and money laundering (the
money laundering charges were dismissed by the judge notwithstanding the jury
verdict); Catalina Vasquez Villalpando, United States Treasurer from 1989 to
January 20, 1993, pleaded guilty to obstruction of justice with respect to destruction
of documents sought in investigation of former employer/firm and HUD grants;
Deborah Gore Dean, former Executive Assistant to HUD Secretary Pierce, was found
guilty of conspiracy, receipt of illegal gratuities and perjury in relation to the
30 United States v. Nofziger, 878 F.2d 442 (D.C.Cir. 1989), cert. denied, 493 U.S. 1003
(1989).
31 GAO/AIMD-97-24R, supra at 4.
32 GAO/AIMD-97-24R, supra at 4.
33 GAO/AIMD-97-24R, supra at 4.
34 The Washington Post, January 12, 1995, at A1; note also Final Report of the Independent
Counsel In Re: Samuel R. Pierce, Volume I, at 7 (October 27, 1988).
favorable “allocat[ion of] HUD Moderate Rehabilitation funds to consultants or
developers” who provided favors to family or political associates; Thomas Demery,
former HUD Assistant Secretary for Housing from 1986 to 1989, pleaded guilty to
the acceptance of illegal gratuities and obstruction of justice in receipt of things of
value from developers; Robert B. Olsen, a state housing agency director, pleaded
guilty to conspiracy and bribery in the receipt of money in awarding of Moderate
Rehabilitation funds to developers; Philip D. Winn, former HUD Assistant Secretary
for Housing, 1981-1982, pleaded guilty on February 9, 1993, to conspiracy charges
in relation to providing things of value to HUD officials because of their official
actions; Leonard Briscoe, a private businessman and developer, Maurice Steier, an
Omaha attorney, and Lance H. Wilson, former executive assistant to then-HUD
Secretary Pierce, were found guilty of giving or offering illegal gratuities to a HUD
official, although Wilson’s verdict was reversed on appeal on statute of limitations
grounds; Elaine Richardson, former executive assistant to Senator Edward Brooke,
pleaded guilty to one count of aiding and abetting false statements to HUD made by
former Senator Brooke; Silvio J. DeBartolomeis, a former Deputy Assistant Secretary
of HUD, pleaded guilty to conspiracy to make false statements, accepting an illegal
supplementation of his official income, and aiding and abetting in false statements
to HUD; Benton Mortgage Company, Inc., pleaded guilty to three felony counts of
concealing material facts concerning the payment of consultants in matters relating
to HUD, and paid a criminal fine of $1,000,000; Samuel P. Singletary pleaded guilty
to attempted tax evasion concerning funding from HUD received for a project under
the Secretary’s Discretionary Fund; James G. Watt, former Secretary of the Interior,
pleaded guilty to attempting to influence a federal Grand Jury by writing a letter
containing inaccurate information, in violation of 18 U.S.C. § 1504; Victor R. Cruse,
a former Connecticut housing official, indicted for perjury and obstruction of justice,
was acquitted by a jury of the charges.
Philip D. Winn, the former HUD Assistant Secretary for Housing who had
pleaded guilty on February 9, 1993 to conspiracy charges, was pardoned by President
Clinton on November 20, 2000.
The final report of the independent counsel’s office was released October 27,
1998. According to the General Accounting Office, the cost of the investigation was
$29,417,318.35
12. Sealed. Appointed April 19, 1991. No indictments sought. Report filed
July 15, 1992. Cost of investigation: $93,000.36
35 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 10 (March 1997);
GAO/AIMD-97-164, supra at 10 (September 1997); GAO/AIMD-98-100, supra at 10
(March 1998); GAO/AIMD-98-285, supra at 10 (Sept. 1998); GAO/AIMD-99-105, supra
at 12 (March 1999); GAO/AIMD-99-292, supra at 12 (Sept. 1999); GAO/AIMD-00-120,
supra at 12 (March 2000); GAO/AIMD-00-310, supra at 12,14 (Sept. 2000). Note GAO-01-
505, supra at 6 (March 2001), reducing cost of investigation by $7,600, after contractor
refund. Note additional expenses of $10,484, and $28,502, after office was terminated,
GAO-01-1035, supra at 4 (Sept. 2001), and GAO-05-359, supra at 4 (March 2005).
36 GAO/AIMD-97-24R, supra at 4.
who was appointed on December 14, 1992, “to investigate whether Janet Mullins,
Assistant to the President for Political Affairs, violated federal criminal law” with
respect to the search of then presidential candidate Bill Clinton’s passport files during
the 1992 presidential campaign. Independent Counsel diGenova found “no evidence
that would warrant criminal prosecution of anyone for any conduct connected with
the search of William Clinton’s passport files, the disclosure of information from the
files, or the Inspector General’s investigation of the search or disclosure,” in the final37
investigative report filed November 30, 1995. According to reports by the
Government Accountability Office, the cost of the investigation was $3,089,082.38
who was named on October 18, 1999 to succeed Independent Counsel Kenneth W.
Starr. Mr. Starr had been appointed on August 5, 1994 to continue the investigation
of allegations commonly referred to as “Whitewater,” begun by the Attorney
General-appointed Special Counsel Robert B. Fiske, Jr., regarding any possible
violations of law relating in any way to President Clinton and the First Lady Hillary
Rodham Clinton’s relationship with Madison Guarantee Savings and Loan
Association, the Whitewater Development Corporation, or Capital Management
Services, as well as any collateral matters arising out of the investigation of such
matters. The jurisdiction of Independent Counsel Starr was expanded on March 22,
1996, at the request of Attorney General Reno, to look into matters involving the
firing of staff from the White House travel office, and on June 21, 1996 to investigate
allegations concerning the misuse of confidential FBI files by White House staff. On
October 25, 1996 the jurisdiction was expanded to investigate possible false
statements made by White House Counsel Bernard Nussbaum before the House
Committee on Government Reform and Oversight. The jurisdiction was expanded
again on January 16, 1998, at the independent counsel’s request to the Attorney
General, to investigate allegations of subornation of perjury, obstruction of justice
or intimidation of witnesses by former White House aide Monica Lewinsky, or
others, concerning the civil case involving the President, Jones v. Clinton.
Results of the independent counsel investigations have included guilty pleas
from David L. Hale, Charles Matthews, Eugene Fitzhugh, Robert W. Palmer,
Webster L. Hubbell, Christopher Wade, Neal T. Ainley, Stephen A. Smith, Larry
Kuca, William J. Marks, Sr., former Arkansas Governor Jim Guy Tucker, and John
Haley; and the convictions of James McDougal, Susan McDougal and Jim Guy
Tucker. Additional indictments obtained on April 30, 1998, of Webster L. Hubbell,
Suzanna Hubbell, Michael C. Schaufele, and Charles C. Owen, relating to charges
of failure to pay federal income taxes, which had been dismissed by a federal court
finding the matter outside of the jurisdiction of the independent counsel and, as to
Mr. Hubbell specifically, a violation of the immunity granted to him during an earlier
investigation, were re-instated by the United States Court of Appeals for the District
37 Final Report of the Independent Counsel In Re: Janet Mullins, at 377, November 30,
38 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 16; GAO/AIMD-97-164,
supra at 16; and GAO/AIMD-98-100, supra at 5.
of Columbia Circuit, on January 26, 1999.39 On November 13, 1998, Independent
Counsel Starr had obtained an additional 15-count indictment against Webster
Hubbell alleging concealment and false statements made about the Rose law firm’s
involvement in land deals in the 1980’s in Arkansas. On June 30, 1999, Mr. Hubbell
pleaded guilty to one misdemeanor charge of tax evasion in the April 30, 1998
indictment, and pleaded guilty to one felony charge of false statements in the
November 13, 1998 indictment. The charges against the other three individuals
named in the April 30, 1998 indictment were dropped as part of the plea agreement.
Other results of the independent counsel investigation have included the
acquittal of Arkansas bankers Herbert Brancum and Robert Hill on four charges, and
failure to reach a verdict on 7 others; the acquittal of Susan McDougal on April 12,
1999 on obstruction of justice charges stemming from her refusal to testify before the
grand jury, and the failure of the jury to reach a verdict on the other two counts
involving criminal contempt of court. Julie Hyatt Steele was indicted on January 7,
1999 for alleged perjury and obstruction of justice in the Monica Lewinsky
investigation, and her trial ended in a mistrial being declared on May 7, 1999, as the
jury failed to reach a verdict on the charges. Independent Counsel Starr issued a
statement on May 25, 1999 that neither Ms. Steele nor Ms. McDougal would be re-
tried on the hung-jury counts.
Upon the plea bargain with Webster L. Hubbell on June 30, 1999, it was
reported in the press that Independent Counsel Starr told reporters that the
“Whitewater aspect” of the investigation of the Clintons was “concluded,” indicating
that no indictments of the President or the First Lady would be forthcoming in the
original “Whitewater” matter.40 That was confirmed in a six-page statement issued
on September 20, 2000, by Independent Counsel Ray, that “the evidence was
insufficient to prove to a jury beyond a reasonable doubt that either President or Mrs.
Clinton knowingly participated in any criminal conduct involving Madison
Guarantee, CMS, or Whitewater Development or knew of such conduct.”41
Independent Counsel Ray issued two reports to the Special Division of the Court
on March 16, 2000, which were later released by the court. One report concerned the
FBI file information (In Re: Anthony Marceca), where the independent counsel found
“that neither Anthony Marceca nor any senior White House official, or First Lady
Hillary Rodham Clinton, engaged in criminal conduct to obtain through fraudulent
means derogatory information about former White House staff.”42 In the other March
16, 2000 report, concerning the testimony before Congress by White House official
Bernard Nussbaum, the independent counsel “found no credible evidence that Mr.
39 United States v. Hubbell, 167 F.3rd 552 (D.C. Cir. 1999).
40 The Washington Post, July 1, 1999, at A2.
41 The Independent Counsel’s Final Report on the Arkansas phase of the “Whitewater”
matter was filed with the Court on January 5, 2001: Final Report of the Independent
Counsel In Re: Madison Guaranty Savings & Loan Association, January 5, 2001.
42 Final Report of the Independent Counsel (In Re: Madison Guaranty Savings & Loan
Association), In Re: Anthony Marceca, at p. 7, March 16, 2000.
Nussbaum testified falsely....”43 On June 22, 2000, Independent Counsel Ray
announced that he would seek no criminal indictments for any conduct by White
House aide David Watkins, or First Lady Hillary Rodham Clinton, concerning the
removal of employees in the White House travel office, and that a report on this
matter was sent to the Special Division of the United States Court of Appeals.44 That
report was released on October 18, 2000, finding that “insufficient evidence exists
to establish criminal conduct beyond a reasonable doubt to a jury’s satisfaction.”45
On Friday, January 19, 2001, on the final full-day of President Clinton’s term,
joint statements were released announcing that Independent Counsel Ray would
“decline prosecution” in the Monica Lewinsky and Paula Jones-deposition matter in
conjunction with the President’s admission that he gave “evasive and misleading
answers” in the Jones civil suit deposition and “that his conduct was prejudicial to
the administration of justice.”46 The President acknowledged and apologized for his
conduct in the Paula Jones deposition, and agreed to a five-year suspension of his law
license and a $25,000 fine to cover the costs of proceedings in a related, pending
Arkansas Bar matter.47
Four individuals who had entered guilty pleas or were found guilty of
misconduct related to the Arkansas “Whitewater” investigation, Robert W. Palmer,
Christopher Wade, Stephen A. Smith, and Susan McDougal, were pardoned by
President Clinton on January 20, 2001.
In addition to litigation matters, Independent Counsel Starr submitted a report
to the court in July of 1997, which was released by the court on October 11, 1997,
reaffirming the findings of earlier investigations that White House aide Vincent
Foster’s death was a suicide; and forwarded on September 11, 1998, a report and
supporting evidentiary materials to the United States House of Representatives, under
authority of 28 U.S.C. § 595 (c), concerning information “that may constitute
grounds for an impeachment” regarding President Clinton. Additional evidentiary
material was delivered to the House of Representatives on November 13, 1998.
According to reports by GAO, the cost of Independent Counsels Thomas’, Ray’s
and Starr’s portion of the investigation, through September 30, 2005, has been
43 Final Report of the Independent Counsel (In Re: Madison Guaranty Savings & Loan
Association), In Re: Bernard Nussbaum, at p. 8, March 16, 2000.
44 The Washington Post, June 23, 2000, at A18.
45 Final Report of the Independent Counsel (In Re: Madison Guaranty Savings & Loan
Association), In Re: William David Watkins and In Re: Hillary Rodham Clinton, at p. 14,
June 22, 2000.
46 Statement of Independent Counsel Ray, January 19, 2001.
47 Statement of President Clinton, January 19, 2001. The final report on this matter was
filed with the Court on May 18, 2001, modified on September 20, 2001, and released on
March 6, 2002: Final Report of the Independent Counsel In Re: Madison Guaranty Savings
& Loan Association Regarding Monica Lewinski and Others, March 6, 2002.
$73,597,345.48 In addition, GAO has reported that Robert B. Fiske, Jr., spent
$6,073,000, on the earlier “Whitewater” investigation prior to Mr. Starr’s
appointment.49
15. Donald C. Smaltz. Appointed September 9, 1994, to investigate any
potential criminal conduct concerning allegations that Secretary of Agriculture Mike
Espy received various gifts and entertainment from companies or organizations
which are regulated by or have official business with the Department of Agriculture.
Results of the investigations have included guilty pleas from Mr. James Lake,
lobbyist for Sun-Diamond Growers; Brook Keith Mitchell, Sr., and Five M. Farming
Enterprises; a plea of “no contest” (nolo contendere) and the payment of a
$2,000,000 fine from Crop Growers Corporation; guilty pleas from the firm of
Ferrouillet & Ferrouillet, the Municipal Healthcare Cooperative, Inc., and from
Alverez Ferrouillet, concerning false statements in relation to a bank loan and in
relation to the making of campaign contributions; the settlement of a conflict of
interest civil suit, for $1,050,000, by Smith Barney Inc., in relation to the alleged
arrangement by one of its employees to purchase a Super Bowl ticket for Secretary
Espy relative to the interests of one of the firm’s clients, Oglethorpe Power Corp. of
Georgia; the settlement of a civil complaint and the payment of a $100,000 fine and
costs of the investigation, against Robert Mondavi Corporation for activities in
connection with supplying gifts of free wine to former Secretary Espy; and a guilty
plea by Tysons Foods, Inc., for providing gratuities to Secretary Espy and his
girlfriend.
Jury convictions have included those of Sun-Diamond Growers of California on
eight of nine charges relating to gratuities provided to Secretary Mike Espy and
contributions to his brother Henry Espy. (The fraud and illegal campaign
contribution counts in that case were affirmed, while the illegal gratuities convictions
were reversed.)50 Also convicted were John Hemmingson and Alverez Ferrouillet,
Jr., in New Orleans for money laundering in relation to campaign contributions and
the Secretary’s brother; Ronald H. Blackley, formerly a chief of staff to Secretary
Mike Espy at the Department of Agriculture, who was convicted of lying to
investigators concerning gifts and payments to him from former business associates
48 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 24, 26 (March 1997);
GAO/AIMD-97-164, supra at 25, 27 (Sept. 1997); GAO/AIMD-98-100, supra at 22, 24
(March 1998); GAO/AIMD-98-285, supra at 21, 25 (Sept. 1998); GAO/AIMD-99-105,
supra at 27, 30 (March 1999); GAO/AIMD-99-292, supra at 29, 31 (Sept. 1999);
GAO/AIMD-00-120, supra at 29,32 (March 2000); GAO/AIMD-00-310, supra at 30, 32-33
(Sept. 2000); GAO-01-505, supra at 24, 27 (March 2001); GAO-01-1035, supra at 22, 25
(Sept. 2001); GAO-02-443, supra at 22, 25 (March 2002); GAO-02-1068, supra at 16 (Sept.
2002); GAO-03-445, supra at 19 (March 2003); GAO-03-1098, supra at 13 (September
2003); GAO-04-525, supra at 4, 13 (March 2004); GAO-04-1014, supra at 5, 14 (September
2004); GAO-05-359, supra at 4, 13 (March 2005); GAO-05-961, supra at 4 (September
49 GAO/AIMD-97-24R, supra at 4.
50 United States v. Sun Diamond Growers of Calif., 526 U.S. 398 (1999).
regulated by the Department;51 and Jack L. Williams, lobbyist for Tyson Foods, Inc.,
who was found guilty of false statements about alleged gifts from Tyson Foods, Inc.
to Secretary Espy and his girlfriend, and not guilty on two illegal gratuity counts.
The conviction of Richard Douglas, former Senior Vice President of Sun-Diamond
Growers, who was found guilty of providing gratuities to Secretary Espy (and was
acquitted of other charges involving gratuities, mail fraud and illegal campaign
contributions), was set aside, and Mr. Douglas later pleaded guilty to a criminal
information relating to false statements, on March 16, 1998. The conviction of
Archibald R. Schaffer, under the provisions of the Meat Inspection Act for providing
gifts to Secretary Espy, which had been set aside by the court on September 21, 1998,
was reinstated on appeal when the appeals court reversed the trial court judge’s ruling
setting aside the jury’s verdict.52
Acquitted of charges have been John J. Hemmingson and Gary Black, former
executives of Crop Growers Corporation; Henry Espy, Jr., the brother of former
Secretary Mike Espy, who was found not guilty of conspiracy and of concealing
illegal campaign contributions; and Norris Faust, Jr., of the Farm Service Agency,
acquitted of three counts of perjury. Former Secretary of Agriculture Mike Espy,
who had been indicted on 35 counts (1 had been dismissed) relating to the alleged
acceptance of gifts and favors from private sources and attempts to deceive
investigators, was acquitted on all counts by a jury.53
Several individuals who either pleaded guilty to or were found guilty by a jury
of offenses in connection with this investigation, including James H. Lake, Brook K.
Mitchell, Sr., John Hemmingson, Alverez Ferrouillet, Jack L. Williams, and Richard
Douglas, were pardoned by President Clinton on January 20, 2001.
The final report of Independent Counsel Smaltz was filed on January 30, 2001,
and published by the court on October 25, 2001. According to the reports by the
General Accounting Office, the cost of the investigations of Independent Counsel
Smaltz through September 30, 2005, has been $25,157,010.54
51 See United States v. Blackley, 167 F.3rd 543 (D.C.Cir. 1999), cert. denied, 528 U.S. 868
(1999). Mr. Blackley’s sentence was commuted to time served by President Clinton,
January 20, 2001.
52 United States v. Schaefer, 188 F.3d 833, (D.C.Cir. 1999). Defense’s subsequent motion
for new trial, granted by District Court on December 3, 1999, was also reversed by Court
of Appeals, June 27, 2000 (214 F.3d 1359 (D.C.Cir. 2000)), and the jury verdict reinstated.
53 See The Washington Post, December 3, 1998, at A1.
54 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 21, 23 (March 1997);
GAO/AIMD-97-164, supra at 22, 24 (Sept. 1997); GAO/AIMD-98-100, supra at 19, 21
(March 1998); GAO/AIMD-98-285, supra at 13, 15 (Sept. 1998); GAO/AIMD-99-105,
supra at 24, 26 (March 1999); GAO/AIMD-99-292, supra at 26, 28 (Sept. 1999);
GAO/AIMD-00-120, supra at 26, 28 (March 2000); GAO/AIMD-00-310, supra at 27, 29
(Sept. 2000); GAO-01-505, supra at 28 (March 2001); GAO-01-1035, supra at 26 (Sept.
GAO-03-445, supra at 16 (March 2003); GAO-04-525, supra at 4 (March 2004). GAO has
noted that OIC Smaltz’s convictions and referrals have resulted in fines, penalties, damages
(continued...)
16. David M. Barrett. Appointed May 24, 1995, to investigate allegations
pertaining to the Department of Housing and Urban Development Secretary Henry
G. Cisneros and false statements allegedly made to the FBI during a background
check. Former Secretary Cisneros was indicted on December 11, 1997, along with
Linda (Medlar) Jones, who had been alleged to have received payments from Mr.
Cisneros. Also indicted in this case were two former aides of Mr. Cisneros, Sylvia
Arce-Garcia, and John D. Rosales. The independent counsel’s office announced on
July 12, 1999, that all charges against Sylvia Arce-Garcia and John D. Rosales will
be dropped. Ms. (Medlar) Jones, who had also been indicted earlier, in September
of 1997, along with her sister and brother-in-law, Patsy and Alan Wooten, on various
charges including fraud, false statements, money laundering and conspiracy regarding
the purchase of a house, pleaded guilty to 28 felony counts relating to that
transaction, allegedly financed by the money from Mr. Cisneros. Patsy and Alan
Wooten also entered guilty pleas. On September 7, 1999, Mr. Cisneros pleaded55
guilty to one misdemeanor charge, and was fined $10,000. Former Secretary
Cisneros and Linda Jones were pardoned by President Clinton on January 20, 2001.
The Special Division of the Court of Appeals decided on June 15, 2001, not to
terminate the office of Independent Counsel Barrett, and on March 17, 2003,
instructed the Independent Counsel to continue the noninvestigative and
nonprosecutorial tasks needed to conclude the functions of his office. The final
report was filed with the Special Division on August 13, 2004, and released to the
public pursuant to court instructions on January 19, 2006. According to audit reports
by the Government Accountability Office, the cost of the investigation through56
September 30, 2005, has been $24,438,915.
17. Daniel S. Pearson. Appointed July 6, 1995, as independent counsel to
investigate allegations concerning financial dealings of Secretary of Commerce
Ronald H. Brown. Investigation ended upon death of Secretary Brown. Final report
filed November 14, 1996. The cost of the investigation was $3,861,710.57
54 (...continued)
and reimbursements totaling $11,803,082, of which approximately $10,905,536 has been
received and deposited in the U.S. Treasury. GAO-02-443, supra at 28 (March 2002) .
55 Note United States v. Cisneros, 169 F.3rd 763 (D.C. Cir. 1999), upholding dismissal of
challenge to indictment.
56 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 13, 15 (March 1997);
GAO/AIMD-97-164, supra at 13, 15 (Sept. 1997); GAO/AIMD-98-100, supra at 13, 15
(March 1998); GAO/AIMD-98-285, supra at 13, 15 (Sept. 1998); GAO/AIMD-99-105,
supra at 15, 17 (March 1999); GAO/AIMD-99-292, supra at 15, 17 (Sept. 1999);
GAO/AIMD-00-120, supra at 15, 17 (March 2000); GAO/AIMD-00-310, supra at 15 (Sept.
GAO-02-443, supra at 10 (March 2002); GAO-02-1068, supra at 10 (Sept. 2002); GAO-03-
supra at 10 (March 2004); GAO-04-1014, supra at 11 (Sept. 2004); GAO-05-359, supra at
10 (March 2005); GAO-05-961, supra at 9 (Sept. 2005); GAO-06-485, supra at 10 (March
57 GAO/AIMD-97-24R, supra at 4; GAO/AIMD-97-64, supra at 18, 20 (March 1997);
(continued...)
1996, to investigate alleged conflict of interest law violations by former White House
official Eli Segal concerning fundraising for a non-profit organization. No
indictments returned. The final report was filed August 21, 1997. The cost of58
investigation, including reimbursement of attorneys’ fees, was $628,156.
19. Carol Elder Bruce. Appointed March 19, 1998, to investigate allegations
of false statements to Congress by Interior Secretary Bruce Babbitt concerning the
rejection of a proposed Indian gambling casino in Wisconsin by the Department. Ms.
Bruce announced on October 13, 1999, that no criminal indictments will be sought
in the matter, and the final report was filed on December 30, 1999, and published on
August 22, 2000. Government Accountability Office reports show total expenditures
of this investigation of $7,152,293.59
20. Ralph I. Lancaster. Appointed May 26, 1998, to investigate allegations
of unlawful solicitation of campaign contributions by Secretary of Labor, Alexis
Herman. According to press reports, the only indictment in the investigation was of
a Singapore businessman, Abdul Rahman, for illegal campaign contributions, but that
he is physically outside of the jurisdiction of the United States.60 Final report was
submitted to the Special Division on April 7, 2000. According to GAO reports
expenditures related to this investigation were $6,027,860.61
57 (...continued)
GAO/AIMD-97-164, supra at 19 (Sept. 1997); GAO/AIMD-98-100, supra at 16 (March
1998); GAO/AIMD-99-292, supra at 24 (Sept. 1999); GAO/AIMD-00-120, supra at 24
(March 2000); GAO/AIMD-00-310, supra at 24 (Sept. 2000); GAO-01-505, supra at 21
(March 2001); GAO-01-1035, supra at 19 (Sept. 2001); GAO-02-443, supra at 19 (March
GAO-03-1098, supra at 4 (Sept. 2003).
58 GAO/AIMD-97-164, supra at 28 (Sept. 1997); GAO/AIMD-98-100, supra at 25 (March
1998); GAO/AIMD-98-285, supra at 24 (Sept. 1998); GAO/AIMD-99-105, supra at 31, 33
(March 1999); GAO/AIMD-99-292, supra at 32, 34 (Sept. 1999); GAO/AIMD-00-120,
supra at 33 (March 2000); GAO/AIMD-00-310, supra at 6 (Sept. 2000).
59 GAO/AIMD-98-285, supra at 16 (Sept. 1998); GAO/AIMD-99-105, supra at 18, 20
(March 1999); GAO/AIMD-99-292 , supra at 18, 20 (Sept. 1999); GAO/AIMD-00-120
supra at 18, 20 (March 2000); GAO/AIMD-00-310, supra at 18, 20 (Sept. 2000); GAO-01-
supra at 13 (March 2002); GAO-02-1068, supra at 4 (Sept. 2002); GAO-03-445, supra at
60 The Washington Post, April 6, 2000, at A1.
61 GAO/AIMD-99-105, supra at 21, 23 (March 1999); GAO/AIMD-99-292, supra at 21, 23
(Sept. 1999); GAO/AIMD-00-120, supra at 21, 23 (March 2000); GAO/AIMD-00-310,
supra at 21, 23 (Sept. 2000); GAO-01-505, supra at 18 (March 2001); GAO-01-1035, supra
at 16 (Sept. 2001); GAO-02-443, supra at 16 (March 2002); GAO-02-1068, supra at 4
[deduction for refund of rent payment] (Sept. 2002); GAO-03-1098, supra at 5 (Sept.
CRS-17
Appendix
Independent Appoi n t e d Final Subj ect Resul t s Cost
CounselReport
Arthur H. Christy11/29/795/28/80Presidential aideNo indictments $182,000
(Special Prosecutor)Hamilton Jordan,
19alleged cocaine use
Gerald J. Gallinghouse 9/9/801/15/82Presidential aide TimNo indictments $3,300
(Special Prosecutor)Craft, alleged cocaine
iki/CRS-98- use
g/wLeon Silverman12/29/816/25/82Secretary of LaborNo indictments $325,200
s.or(Special Prosecutor)andandRaymond Donovan,
leak 6/11/8511/30/88alleged bribery,
://wikiconnections to
httporganized crime, falsestatements
Jacob A. Stein 4/2/849/20/84Attorney GeneralNo indictments $312,000
nominee Edwin
Meese, personal
finances, disclosure
James C. McKay 4/23/863/14/89Assistant AttorneyNo indictments $2,141,000
Alexia Morrison 5/29/86General Theodore
Olson, alleged false
testimony to Congress
CRS-18
Independent Appoi n t e d Final Subj ect Resul t s Cost
CounselReport
Whitney North 5/29/868/16/89Presidential aideConviction of Deaver on $1,552,000
Seymour, Jr.Michael Deaver, post-three counts of perjury
employment conflicts
of interest
Lawrence E. Walsh12/19/868/4/93Lt. Colonel Oliver7 guilty pleas; 4$47,873,400
19North and others,convictions; 3 other
“Iran Contra” - sale ofindictments (2 convictions
arms to Iran andoverturned on appeal)
iki/CRS-98-alleged diversion of
g/wprofits to Contras
s.or
leakJames C. McKay 2/2/877/18/88White House aideNofziger convicted, $2,796,000
Franklyn Nofziger,overturned on appeal on
://wikipost-employmenttechnical failure of
httplobbying; Attorneypleading in indictment. No
General Edwin Meese,indictment of Meese.
alleged financial
conflicts
Carl S. Rauh12/19/8612/18/87 SealedNo indictments $50,000
James R. Harper 8/17/87
Sealed 5/31/898/23/89 SealedNo indictments $15,000
CRS-19
Independent Appoi n t e d Final Subj ect Resul t s Cost
CounselReport
Arlin M. Adams 3/1/9010/27/98Secretary of HUD11 guilty pleas; 6 criminal$29,417,318
Larry D. Thompson 7/3/95Samuel R. Pierce, andconvictions; 1 reversal on
others, fraud re HUDappeal; 1 acquittal. No
grants and subsidiesindictment of Pierce.
Sealed4/19/917/15/92SealedNo indictments $93,000
19
Joseph diGenova12/14/9211/30/95Presidential Ass’tNo indictments $3,089,082
Michael F. Zeldon 1/11/96Janet Mullins,
iki/CRS-98-passport search of
g/wcandidate Clinton
s.orKenneth W. Starr08/05/9403/06/02President Clinton,14 guilty pleas (including$73,597,34562*
leakRobert W. Ray10/18/00First Lady, and others,3 separate Hubbell pleas
://wikiJulie F. Thomas03/12/02re “Whitewater”Development Corp.,on 3 differentindictments); 3
httpMadison Savings, andconvictions; 3 acquittals
Capital Managementand 4 instances of hung
Services; and otherjuries. Report on Vince
expanded, referredFoster suicide; and report
matters.to House re possible
grounds for impeachment.
No indictment of
President or First Lady.
62 Additionally, Robert Fiske expended $6,073,000 on his portion of “Whitewater” investigation.
CRS-20
Independent Appoi n t e d Final Subj ect Resul t s Cost
CounselReport
Donald C. Smaltz 9/9/9410/25/01Secretary of8 guilty pleas; 1 “no$25,157,01063*
Agriculture Mikecontest” plea; 2
Espy, gifts &settlements of civil suits
gratuitiesresulting in fines; 6 jury
convictions; 5 acquittals,
19including acquittal of ex-
Sec. Espy on all counts
David M. Barrett 5/24/95FiledSecretary of Housing4 guilty pleas, including$18,738,624*
iki/CRS-98-8/13/04;& Urban Developmentplea of Cisneros to
g/wreleasedHenry Cisneros, falsemisdemeanor charge
s.or1/19/06statements to FBI
leak
Daniel S. Pearson 7/6/9511/14/96Secretary ofInvestigation ended upon$3,861,710
://wikiCommerce Rondeath of Secretary Brown
httpBrown, financial
dealings
Curtis von Kann11/27/9608/21/97White House officialNo indictments $628,156
(formerly “Sealed -Eli Segal and conflicts
1996”)of interest
63 According to GAO, OIC Smaltz’s convictions and referrals have resulted in fines, penalties, damages and reimbursements totaling
$11,803,082, of which approximately $10,905,535 has been received and deposited in the U.S. Treasury. GAO-02-443, supra at 28.
CRS-21
Independent Appoi n t e d Final Subj ect Resul t s Cost
CounselReport
Carol Elder Bruce3/19/9808/22/00Secretary of Interior No indictments$7,152,293*
Bruce Babbitt, alleged
false statements to
Congress
Ralph I. Lancaster5/26/9804/07/00Labor Sec. AlexisNo indictment of $6,027,860*
19Herman, allegedSecretary Herman. One
illegal solicitation ofindictment of foreign
campaignbusinessman for illegal
iki/CRS-98-contributionscampaign contributions.
g/w
s.or
leak
://wiki*Costs are through September 30, 2005, as of GAO audit released March 31, 2006, GAO-06-485
http