Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations
Released: 2006-06-08T00:00:00

Background

The following list provides the names of the independent counsels (called "specialprosecutors" until 1983) who had been appointed by the special Division of the Court for AppointingIndependent Counsels, United States Court of Appeals for the District of Columbia, upon applicationfrom the Attorney General of the United States under the provisions originally enacted in the Ethicsin Government Act of 1978. (1) The list sets out in summary fashion the areas or subjects ofinvestigation 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 theaudits 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 onGovernmental Affairs report from information received from the Department of Justice aboutinvestigations prior to 1985. (2) The most current information on costs was derived by adding andcumulating the total expenditures (including unaudited amounts from other federal agencies and theamounts reimbursed to individuals for attorneys' fees when those figures are available) from thesix-month GAO audit reports on the independent counsel expenditures. (3)

The list of independent counsels and special prosecutors includes those appointed by theSpecial Division of the Court, whose appointments were made a matter of public record. Noted alsoas "sealed" are those independent counsels whose identity and/or prosecutorial jurisdiction have beenkept confidential. Under the former federal law governing independent counsels, information on theappointment of independent counsels and on the targets of an investigation was generally to be keptconfidential unless the Division of the Court deemed it to be in the public interest to release, orunless and until an indictment or criminal information had been returned. (4)

Total Costs of Investigations. There have been 20 independent counsel or specialprosecutor investigations initiated under the statutory mechanisms originally enacted as part of theEthics in Government Act of 1978. These investigations, according to reports from the Departmentof Justice concerning early special prosecutor and independent counsel investigations, and laterpublished 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." Thestatutory 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 newindependent counsels may be appointed by the Special Division of the Court. Under the generalauthority of the Attorney General of the United States, however, the Attorney General may hire andappoint temporary personnel within the Department of Justice or reassign personnel within theDepartment to conduct investigations and prosecutions on behalf of the United States. Regulationsgoverning the selection and procedures of "special counsels" appointed by the Attorney General werepromulgated in 1999. (5) In addition to the statutory "independent counsel" investigations, there have been other "specialcounsel" investigations for which separate cost figures have been released. It was reported by GAOthat Robert Fiske's portion of the investigation of "Whitewater," prior to the 1994 reauthorizationof the Independent Counsel law, cost $6,073,000; (6) and that former Senator John Danforth's special counselinvestigation of the Waco incident has expended $15,536,793. (7)

In addition, under the general statutory authority of the Attorney General to hire staff andoversee the conduct of federal criminal investigations and prosecutions, the Justice Department onDecember 30, 2003, designated Patrick Fitzgerald, United States Attorney for the Northern Districtof Illinois, as the "Special Counsel" to investigate the alleged unauthorized disclosure of a CIAemployee's identity. The Government Accountability Office ruled that the expenses for theinvestigation 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 thepermanent, indefinite appropriation for Independent Counsels in the Department of Justice, (8) and has indicated that the totalexpenses of that office, as of September 31, 2005, have been $902,118. (9)

Results of Independent Counsel Investigations. Of the 20 independent counselinvestigations 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 noindictment brought against the principal Government official originally named as the subject ortarget of that independent counsel's investigation. (10) In the remaining 5 investigations where the Federal officialnamed as the principal subject of the investigations was indicted, in 3 of such instances that principalGovernment official indicted was either acquitted, (11) or his conviction was overturned on appeal or remanded forre-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 personsrelating either to the original subject matter or a peripheral matter, including the convictions offederal officials and former federal officials involved, only two federal officials who were actuallythe named subjects of the 20 investigations were finally convicted of or pleaded guilty to the chargesbrought. 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 sentenceand 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 thePresident.

List of Special Prosecutors/Independent Counsels

The special prosecutors and independent counsels appointed by a special judicial panel at therequest of the Attorney General, under the provisions of federal law originally enacted in the Ethicsin Government Act of 1978, have included:

1. Arthur H. Christy (appointed November 29, 1979). Investigated allegations concerningPresident 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 allegationsconcerning 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 notwarrant further investigation." (15) Report filed January 15, 1982. Cost of investigation:$3,300. (16)

3. Leon Silverman (appointed December 29, 1981). Investigated allegations concerningPresident Reagan's Secretary of Labor Raymond J. Donovan, regarding bribery of labor unionofficials and certain connections to organized crime. The special prosecutor found "insufficientevidence to warrant any prosecution" and no "credible evidence" concerning the allegations in finaland supplemental investigative reports, filed June 25, 1982, and September 1982. (17) The cost of thisinvestigation was $318,000. (18) Further investigation commenced on June 11, 1985, uponreferral to investigate alleged false testimony before grand jury. No indictments sought. Filed finalinvestigative 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 PresidentReagan's nominee for Attorney General, Edwin Meese, regarding his finances, financial disclosureand other allegations including trading in public offices. Independent counsel Stein found "no basiswith respect to any of the eleven allegations" for bringing criminal charges. (20) Final report issuedSeptember 20, 1984. The cost of the investigation was $312,000. (21)

5. Alexia Morrison (appointed May 29, 1986). Alexia Morrison was appointed after theresignation of independent counsel James C. McKay (appointed April 23, 1986), to investigateallegations concerning former Assistant Attorney General Theodore B. Olson allegedly giving falsetestimony to Congress regarding the EPA "superfund" inquiry. Found that "there is insufficientcredible evidence" of false statements or obstruction of justice, that any prosecution based oncongressional testimony "would confront certain legal obstacles which would, at the minimum, cloudthe prospects for success," and that "there is no evidence" of a conspiracy to obstruct a congressionalcommittee's inquiry. (22) Final report released March 14, 1989. The cost of the investigation was $2,141,000. (23)

6. Whitney North Seymour Jr. (appointed May 29, 1986). Investigated charges concerningformer President Reagan aide Michael K. Deaver, regarding alleged violations of post-employmentconflict of interest laws in representing certain foreign clients before the White House after leavinggovernment employment. Michael Deaver was convicted, December 16, 1987, on three counts ofperjury. He was sentenced on September 23, 1988, to three years probation and fined$100,000. (24) Theindependent counsel's final report filed August 16, 1989. The cost of the investigation was$1,552,000. (25)

7. Lawrence E. Walsh (appointed December 19, 1986). Was named to investigate potentialcriminal 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 saleto support the Contras in Nicaragua in violation of federal law. Pleading guilty to various offensesrelated to the Iran-Contra matter were: Elliott Abrams, former Assistant Secretary of State forInter-American Affairs; Carl R. "Spitz" Channell, private fund-raiser; Alan D. Fiers, former chiefof 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 publicrelations firm; and Air Force Major General Richard V. Secord (Ret.). Convicted of federal offenseswere: Thomas Clines, former CIA agent; Clair George, former CIA deputy director; Lt. Col. OliverL. 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 the District of ColumbiaCircuit, the other two dropped by request of the Independent Counsel after the Court of Appealsremanded 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 theconduct 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 byan Appeals Court ruling that his and Colonel North's immunized congressional testimony was usedagainst him and tainted the convictions. (27) Persons indicted: Duane Clarridge, former chief of the LatinAmerican Division of the Operations Directorate, C.I.A.; Joseph F. Fernandez, former CIA stationchief whose indictment was dismissed when CIA refused to release classified information neededfor his defense; and Casper Weinberger, former Secretary of Defense.

On December 24, 1992, President George Bush pardoned Casper Weinberger and DuaneClarridge, 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 hadpleaded 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 allegationsconcerning former White House staffer Franklyn C. Nofziger and potential violations ofpost-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 wasreferred the additional matter of Attorney General Edwin Meese's conduct concerning the WedtechCorporation, Mr. Meese's financial holdings and potential conflicts of interest, Mr. Meese'sinvolvement in the Aqaba Pipeline project and other matters. Independent Counsel concluded in aJuly 5, 1988, report that with respect to criminal conflicts of interest under 18 U.S.C. Â§ 208 and Mr.Meese's financial interests in the regional Bell companies, and with respect to filing materially falsetax returns, "in certain instances Mr. Meese's conduct probably violated the criminal law, but thatno prosecution is warranted"; and that with respect to bribery, illegal gratuities and the ForeignCorrupt Practices Act involving the Aqaba Pipeline, there is "insufficient evidence" to conclude thatMr. Meese violated the law. (29) Obtained conviction of Nofziger on February 11, 1988, on threecounts of a four count indictment. Conviction of Nofziger overturned on appeals on technical failureof pleadings in the original indictment. (30) Final report filed July 18, 1988. The cost of the investigationwas $2,796,000. (31)

9. James R. Harper , appointed August 17, 1987 to replace Carl S. Rauh (appointedDecember 19, 1986). The subject of the investigation was sealed. No indictments sought.Investigative report filed December 18, 1987. The cost of the investigation was $50,000. (32)

10. Sealed . Independent counsel appointed May 31, 1989. No indictments returned. Reportfiled August 23, 1989. Cost of the investigation: $15,000. (33)

11. Larry D. Thompson , appointed July 3, 1995 to replace Arlin M. Adams (appointedMarch 1, 1990). Appointed to investigate allegations of criminal conspiracy to defraud the UnitedStates (involving favoritism and payments made to officials to influence the award of grants andsubsidies in programs of the Department of Housing and Urban Development during the ReaganAdministration) by Samuel R. Pierce, former Secretary of the Department of Housing and UrbanDevelopment, and others.

The Office of Independent Counsel announced on January 11, 1995 that no indictment wouldbe 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 conflictingevidence 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 inrelation to monies paid to HUD officials in exchange for influence in making HUD grants forModerate Rehabilitation subsidies; Joseph A. Straus, former special assistant to HUD SecretaryPierce from 1981 to 1983, pleaded guilty to conspiracy and cover up in the receipt of payments froma private developer in return for helping the developer obtain federal monies for rehabilitationprojects; J. Michael Queenan and Ronald L. Mahon, former HUD officials "who obtained ... federalHUD subsidies after they became developers," found guilty of bribery, conspiracy to commit briberyand money laundering (the money laundering charges were dismissed by the judge notwithstandingthe 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 ininvestigation of former employer/firm and HUD grants; Deborah Gore Dean, former ExecutiveAssistant to HUD Secretary Pierce, was found guilty of conspiracy, receipt of illegal gratuities andperjury in relation to the favorable "allocat[ion of] HUD Moderate Rehabilitation funds toconsultants 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 acceptanceof illegal gratuities and obstruction of justice in receipt of things of value from developers; RobertB. Olsen, a state housing agency director, pleaded guilty to conspiracy and bribery in the receipt ofmoney in awarding of Moderate Rehabilitation funds to developers; Philip D. Winn, former HUDAssistant Secretary for Housing, 1981-1982, pleaded guilty on February 9, 1993, to conspiracycharges 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, andLance H. Wilson, former executive assistant to then-HUD Secretary Pierce, were found guilty ofgiving or offering illegal gratuities to a HUD official, although Wilson's verdict was reversed onappeal on statute of limitations grounds; Elaine Richardson, former executive assistant to SenatorEdward Brooke, pleaded guilty to one count of aiding and abetting false statements to HUD madeby 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 hisofficial 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 ofconsultants in matters relating to HUD, and paid a criminal fine of $1,000,000; Samuel P. Singletarypleaded guilty to attempted tax evasion concerning funding from HUD received for a project underthe Secretary's Discretionary Fund; James G. Watt, former Secretary of the Interior, pleaded guiltyto attempting to influence a federal Grand Jury by writing a letter containing inaccurate information,in violation of 18 U.S.C. Â§ 1504; Victor R. Cruse, a former Connecticut housing official, indictedfor 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 onFebruary 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)

13. Michael F. Zeldin , on January 11, 1996, succeeded Joseph E. diGenova , who wasappointed on December 14, 1992, "to investigate whether Janet Mullins, Assistant to the Presidentfor Political Affairs, violated federal criminal law" with respect to the search of then presidentialcandidate Bill Clinton's passport files during the 1992 presidential campaign. Independent CounseldiGenova found "no evidence that would warrant criminal prosecution of anyone for any conductconnected with the search of William Clinton's passport files, the disclosure of information from thefiles, or the Inspector General's investigation of the search or disclosure," in the final investigativereport filed November 30, 1995. (37) According to reports by the Government Accountability Office,the cost of the investigation was $3,089,082. (38)

14. Julie F. Thomas , named on March 12, 2002 to succeed Robert W. Ray , who wasnamed on October 18, 1999 to succeed Independent Counsel Kenneth W. Starr . Mr. Starr had beenappointed 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 LadyHillary Rodham Clinton's relationship with Madison Guarantee Savings and Loan Association, theWhitewater Development Corporation, or Capital Management Services, as well as any collateralmatters arising out of the investigation of such matters. The jurisdiction of Independent CounselStarr was expanded on March 22, 1996, at the request of Attorney General Reno, to look into mattersinvolving the firing of staff from the White House travel office, and on June 21, 1996 to investigateallegations 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 HouseCounsel 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 tothe Attorney General, to investigate allegations of subornation of perjury, obstruction of justice orintimidation of witnesses by former White House aide Monica Lewinsky, or others, concerning thecivil 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, ChristopherWade, Neal T. Ainley, Stephen A. Smith, Larry Kuca, William J. Marks, Sr., former ArkansasGovernor Jim Guy Tucker, and John Haley; and the convictions of James McDougal, SusanMcDougal 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 failureto pay federal income taxes, which had been dismissed by a federal court finding the matter outsideof the jurisdiction of the independent counsel and, as to Mr. Hubbell specifically, a violation of theimmunity granted to him during an earlier investigation, were re-instated by the United States Courtof Appeals for the District of Columbia Circuit, on January 26, 1999. (39) On November 13, 1998,Independent Counsel Starr had obtained an additional 15-count indictment against Webster Hubbellalleging concealment and false statements made about the Rose law firm's involvement in land dealsin the 1980's in Arkansas. On June 30, 1999, Mr. Hubbell pleaded guilty to one misdemeanor chargeof tax evasion in the April 30, 1998 indictment, and pleaded guilty to one felony charge of falsestatements in the November 13, 1998 indictment. The charges against the other three individualsnamed 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 ofArkansas bankers Herbert Brancum and Robert Hill on four charges, and failure to reach a verdicton 7 others; the acquittal of Susan McDougal on April 12, 1999 on obstruction of justice chargesstemming from her refusal to testify before the grand jury, and the failure of the jury to reach averdict on the other two counts involving criminal contempt of court. Julie Hyatt Steele was indictedon January 7, 1999 for alleged perjury and obstruction of justice in the Monica Lewinskyinvestigation, and her trial ended in a mistrial being declared on May 7, 1999, as the jury failed toreach a verdict on the charges. Independent Counsel Starr issued a statement on May 25, 1999 thatneither 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 pressthat Independent Counsel Starr told reporters that the "Whitewater aspect" of the investigation of theClintons was "concluded," indicating that no indictments of the President or the First Lady wouldbe forthcoming in the original "Whitewater" matter. (40) That was confirmed in a six-page statement issued on September20, 2000, by Independent Counsel Ray, that "the evidence was insufficient to prove to a jury beyonda reasonable doubt that either President or Mrs. Clinton knowingly participated in any criminalconduct involving Madison Guarantee, CMS, or Whitewater Development or knew of suchconduct." (41)

Independent Counsel Ray issued two reports to the Special Division of the Court on March16, 2000, which were later released by the court. One report concerned the FBI file information ( InRe: Anthony Marceca ), where the independent counsel found "that neither Anthony Marceca nor anysenior White House official, or First Lady Hillary Rodham Clinton, engaged in criminal conduct toobtain 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. Nussbaum testified falsely...." (43) On June 22, 2000,Independent Counsel Ray announced that he would seek no criminal indictments for any conductby White House aide David Watkins, or First Lady Hillary Rodham Clinton, concerning the removalof employees in the White House travel office, and that a report on this matter was sent to the SpecialDivision 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'ssatisfaction." (45)

On Friday, January 19, 2001, on the final full-day of President Clinton's term, jointstatements were released announcing that Independent Counsel Ray would "decline prosecution" inthe Monica Lewinsky and Paula Jones-deposition matter in conjunction with the President'sadmission that he gave "evasive and misleading answers" in the Jones civil suit deposition and "thathis conduct was prejudicial to the administration of justice." (46) The Presidentacknowledged and apologized for his conduct in the Paula Jones deposition, and agreed to afive-year suspension of his law license and a $25,000 fine to cover the costs of proceedings in arelated, pending Arkansas Bar matter. (47)

Four individuals who had entered guilty pleas or were found guilty of misconduct related tothe 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 courtin July of 1997, which was released by the court on October 11, 1997, reaffirming the findings ofearlier investigations that White House aide Vincent Foster's death was a suicide; and forwarded onSeptember 11, 1998, a report and supporting evidentiary materials to the United States House ofRepresentatives, under authority of 28 U.S.C. Â§ 595 (c), concerning information "that may constitutegrounds for an impeachment" regarding President Clinton. Additional evidentiary material wasdelivered to the House of Representatives on November 13, 1998.

According to reports by GAO, the cost of Independent Counsels Thomas', Ray's and Starr'sportion of the investigation, through September 30, 2005, has been $73,597,345. (48) In addition, GAO hasreported that Robert B. Fiske, Jr., spent $6,073,000, on the earlier "Whitewater" investigation priorto Mr. Starr's appointment. (49)

15. Donald C. Smaltz . Appointed September 9, 1994, to investigate any potential criminalconduct concerning allegations that Secretary of Agriculture Mike Espy received various gifts andentertainment from companies or organizations which are regulated by or have official business withthe Department of Agriculture.

Results of the investigations have included guilty pleas from Mr. James Lake, lobbyist forSun-Diamond Growers; Brook Keith Mitchell, Sr., and Five M. Farming Enterprises; a plea of "nocontest" ( 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 relationto 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 topurchase 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 inconnection with supplying gifts of free wine to former Secretary Espy; and a guilty plea by TysonsFoods, Inc., for providing gratuities to Secretary Espy and his girlfriend.

Jury convictions have included those of Sun-Diamond Growers of California on eight of ninecharges relating to gratuities provided to Secretary Mike Espy and contributions to his brother HenryEspy. (The fraud and illegal campaign contribution counts in that case were affirmed, while theillegal 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'sbrother; Ronald H. Blackley, formerly a chief of staff to Secretary Mike Espy at the Department ofAgriculture, who was convicted of lying to investigators concerning gifts and payments to him fromformer business associates regulated by the Department; (51) and Jack L. Williams, lobbyist for Tyson Foods, Inc., who wasfound guilty of false statements about alleged gifts from Tyson Foods, Inc. to Secretary Espy and hisgirlfriend, and not guilty on two illegal gratuity counts. The conviction of Richard Douglas, formerSenior Vice President of Sun-Diamond Growers, who was found guilty of providing gratuities toSecretary Espy (and was acquitted of other charges involving gratuities, mail fraud and illegalcampaign contributions), was set aside, and Mr. Douglas later pleaded guilty to a criminalinformation 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 theappeals 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 ofCrop Growers Corporation; Henry Espy, Jr., the brother of former Secretary Mike Espy, who wasfound 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 ofAgriculture Mike Espy, who had been indicted on 35 counts (1 had been dismissed) relating to thealleged acceptance of gifts and favors from private sources and attempts to deceive investigators, wasacquitted on all counts by a jury. (53)

Several individuals who either pleaded guilty to or were found guilty by a jury of offensesin connection with this investigation, including James H. Lake, Brook K. Mitchell, Sr., JohnHemmingson, Alverez Ferrouillet, Jack L. Williams, and Richard Douglas, were pardoned byPresident Clinton on January 20, 2001.

The final report of Independent Counsel Smaltz was filed on January 30, 2001, and publishedby the court on October 25, 2001. According to the reports by the General Accounting Office, thecost of the investigations of Independent Counsel Smaltz through September 30, 2005, has been$25,157,010. (54)

16. David M. Barrett . Appointed May 24, 1995, to investigate allegations pertaining to theDepartment of Housing and Urban Development Secretary Henry G. Cisneros and false statementsallegedly made to the FBI during a background check. Former Secretary Cisneros was indicted onDecember 11, 1997, along with Linda (Medlar) Jones, who had been alleged to have receivedpayments 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 andbrother-in-law, Patsy and Alan Wooten, on various charges including fraud, false statements, moneylaundering and conspiracy regarding the purchase of a house, pleaded guilty to 28 felony countsrelating to that transaction, allegedly financed by the money from Mr. Cisneros. Patsy and AlanWooten also entered guilty pleas. On September 7, 1999, Mr. Cisneros pleaded guilty to onemisdemeanor charge, and was fined $10,000. (55) Former Secretary Cisneros and Linda Jones were pardoned byPresident Clinton on January 20, 2001.

The Special Division of the Court of Appeals decided on June 15, 2001, not to terminate theoffice of Independent Counsel Barrett, and on March 17, 2003, instructed the Independent Counselto continue the noninvestigative and nonprosecutorial tasks needed to conclude the functions of hisoffice. The final report was filed with the Special Division on August 13, 2004, and released to thepublic pursuant to court instructions on January 19, 2006. According to audit reports by theGovernment Accountability Office, the cost of the investigation through September 30, 2005, hasbeen $24,438,915. (56)

17. Daniel S. Pearson . Appointed July 6, 1995, as independent counsel to investigateallegations concerning financial dealings of Secretary of Commerce Ronald H. Brown. Investigationended upon death of Secretary Brown. Final report filed November 14, 1996. The cost of theinvestigation was $3,861,710. (57)

18. Curtis E. von Kann (formerly "Sealed -1996"). Appointed November 27, 1996, toinvestigate alleged conflict of interest law violations by former White House official Eli Segalconcerning fundraising for a non-profit organization. No indictments returned. The final report wasfiled August 21, 1997. The cost of investigation, including reimbursement of attorneys' fees, was$628,156. (58)

19. Carol Elder Bruce . Appointed March 19, 1998, to investigate allegations of falsestatements to Congress by Interior Secretary Bruce Babbitt concerning the rejection of a proposedIndian 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 onDecember 30, 1999, and published on August 22, 2000. Government Accountability Office reportsshow total expenditures of this investigation of $7,152,293. (59)

20. Ralph I. Lancaster . Appointed May 26, 1998, to investigate allegations of unlawfulsolicitation of campaign contributions by Secretary of Labor, Alexis Herman. According to pressreports, 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 UnitedStates. (60) Final reportwas submitted to the Special Division on April 7, 2000. According to GAO reports expendituresrelated to this investigation were $6,027,860. (61)

Appendix

*Costs are through September 30, 2005, as of GAO audit released March 31, 2006, GAO-06-485.