Isaac Robert Toussie
Posted on | February 14, 2010 | No Comments
Isaac Robert Toussie was convicted of fraudulently obtaining mortgages from the Department of Housing and Urban Development. He was pardoned by George W. Bush, but then, suddenly, W revoked the pardon several days later.
This pardon is most notable.
The pardon was apparently revoked after W learned that Toussie’s father had made various contributions to the Republican party and that the application for the pardon usurped the normal chain at the department of justice and the pardon attorney and wound up in the hands of white house counsel.
When you apply for a pardon with the Department of Justice, strong language appears on the application that you must wait five years after the conviction to apply for a pardon. When folks contact me, I usually won’t even do a pardon application unless the total government supervision has been expired for at least five years, let alone the conviction. The only exception to this is when the pardon clears up immigration issues, we will accept them. I digress. In the instant discussion, Mr. Toussie’s conviction wasn’t even close to the five year mark, not to mention the total period of supervision.
A significant question is posed about the illegality of W’s revocation. Does the president have the power to revoke a pardon? Apparently the answer is that if the filing of the actual paperwork has not been perfected by the pardon attorney at the department of justice, then the president can revoke the pardon.
Precedent exists regarding revocation of pardons. See In re De Puy, 7 F. Cas. 506, 510-11 (S.D.N.Y. 1869) (holding that a pardon can be revoked if the paperwork has not been perfected). Some experts prescribe to this theory as why W did not revoke Marc Rich’s pardon.
Fool me once, shame on you. Get your dad to donate money to the party and influence white house counsel behind the president’s back to get you pardoned, shame on you twice.
Toussie's Dad and W
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Tags: de puy > department of housing and urban development > department of justice > george w bush > immigration issues > least five years > marc rich > pardon attorney > republican party > revocation > revocation of pardon
Charles Thompson Winters
Posted on | February 10, 2010 | No Comments
After World War II, Winters entered into the import/export business. He was recruited to illegally export B-17 bombers to Israel. He manage to smuggle three B-17s to Israel. He conspired to violate the Neutrality Act of 1939 by helping Israel with two other men: Al Schwimmer and Herman Greenspun.The three men were prosecuted by the United States Attorney in Miami.
Greenspun was convicted but served no time in jail. He was pardoned by John F. Kennedy in 1961. Schwimmer was convicted but served no jail time. He was pardoned by Bill Clinton in 2000. Winters was convicted an served 18 months in federal prison. He was pardon on George W. Bush as part of Bush’s last day of pardons on January 1, 2009. Winters’ pardon was the first pardon of a deceased person since Henry Ossain Flipper by Clinton. The whole discussion of the posthumous pardon is obviously not much of discussion anymore.
Tags: b-17 bomber > bill clinton > charles thompson > federal prison > george w bush > israel > john f kennedy > neutrality act of 1939 > pardons > posthumous pardon > united states attorney > world war ii
Vicki Lopez Lukis
Posted on | January 4, 2010 | No Comments
Vicki Lopez Lukis was a Lee County Commissioner in Florida. She was convicted of mail fraud by using her position of power on the as Board member to influence her personal life. She was romantically involved with a lobbyist. She voted for items that helped the lobbyist’s clients. She attempted to “convince” someone running for the Board not to run based on an illict video tape she possessed and later leeked to the media regarding the candidate’s personal life.
Once in prison, she worked with many young people to try to help them become active members of society. In fact, her work has been so influential she is considered by some to be an authority on the subject of re-integration from detention for women. Now that she is not in custody she has continued to worked with young women to help them re-enter society and have a positive impact on society.
Clinton commuted her sentence on November 21, 2000.
Peter MacDonald
Posted on | January 1, 2010 | No Comments
MacDonald was chairman of the Navajo. He was convicted in both tribal court and US Federal court for different criminals offenses.
Most notable was a fraud conviction for his involvement in a deal for a piece of land known as the Big Boquillas ranch. Before the Boquillas transaction, the Navajo and the Hopi were disputing a piece of land in Arizona. Boquillas was huge. If MacDonald purchased Boquillas for the Navajo, he wouldn’t have to worry if he lost the fight with the Hopi over the disputed lands. The argument justified the transaction.
The dispute is how he purchased the lands. At 9:50 a.m. on July 15, 1989, Tom Tracy and Bud Brown bought Big Boquillas for $26.2 million. At 9:55 a.m., on the same day, MacDonald bought the same land from Tracy and Brown for $33.4 million.
Later that year, MacDonald, who made $55k a year, was seen driving a new beamer.
At MacDonald’s trial in federal court, Brown testified that MacDonald was in on the deal. MacDonald was accused of accepting bribes and kickbacks. MacDonald was convicted.
MacDonald was convicted in tribal court too. He was given a pardon under Navajo law under a theory of hozhonji, which means the Beauty Way; to forgive.
Clinton pardoned many folks on his last day in office–that day in American history is notable on its own. At the urging of U.S. Rep. Patrick J. Kennedy, MacDonald was on Clinton’s last day list.
Peter MacDonald - Chairman of the Navajo 1970, 1974, 1978, 1986
Tags: boquillas ranch > bribes > bud brown > fraud conviction > kickbacks > navajo > patrick j kennedy > peter macdonald
Jimmy Hoffa
Posted on | December 1, 2009 | 1 Comment
In 1964, Hoffa was convicted of bribing a grand juror and received a sentence of 15 years in jail. He appealed. His appeals ran out. In 1967 he was incarcerated. At the time of his conviction he was the president of the teamsters. He handed over the reigns of the teamsters to a Frank Fitzsimmons.
In 1971, Hoffa was given a conditional commutation by Nixon. The condition was that Hoffa not be involved in the teamsters and not be involved with unions for a period of ten years following his release from custody. Hoffa was unhappy with the condition and planned to challenge the condition of the commutation in court.
Before Hoffa got could start his challenge of the condition from Nixon, he went missing in 1975 in Michigan.
Jimmy Hoffa at Home
Tags: commutation > frank fitzsimmons > grand juror > jimmy hoffa > nixon > teamsters > unions
Peter Yarrow
Posted on | November 29, 2009 | No Comments
Peter Yarrow of Peter, Paul and Mary, and singer and songwriter of Puff the Magic Dragon, had an indiscretion with a 14 year old groupie. He served three months in jail. Carter pardoned him.
This pardon is noteworthy because Yarrow is an unmatched philanthropist. Yarrow has donated countless hours, ideas and his own money to various charities around the world. He started a program to educate young people not just on academics but how to act in society.
Often, potential clients ask us about their “chances” at getting a federal presidential pardon, and I often question them on their charitable givings of time and money because, I believe that these activities truly increase your chances for pardon consideration. Obviously, sex crimes are difficult cases, let alone pardons, but make no mistake that Yarrow’s charitable acts had an effect on his pardon.
Moving by Peter, Paul and Mary.
Tags: magic dragon > pardons > peter paul and mary > peter yarrow > philanthropist > presidential pardon > sex crimes
Marc Rich
Posted on | November 28, 2009 | 1 Comment
Marc Rich was an oil commodities trader who made his money in the 1970s and early 1980s. In the 1980s he allegedly traded with Iran while Iran still had American hostages. In 1983, he was indicted by Untied States Attorney and future New York City mayor, Rudolph Giuliani for tax fraud under RICO (Racketeer Influenced and Corrupt Organizations Act).
Rich fled to Switzerland. Subsequent to his flight, the United States Attorneys office stopped prosecuting tax cases based on a RICO theory and instead pursued the claims through civil remedies. Rich’s ex-wife made contributions to Bill Clinton’s presidential library. Rich made substantial contributions to Israeli charities.
Many pundits criticized Clinton saying this was a pardon for pay. Clinton responded that he consulted with tax professors Martin Ginsburg of Georgetown University Law Center and Bernard Wolfman of the Harvard Law School and concluded that Rich did not have a criminal intent in his actions (i.e. no mens rea).
The irony is that Rich’s lawyer was I. Lewis “Scooter” Libby. We might have to give Scooter his own site. Guess the squeaky wheel does get the grease?
Marc Rich
Tags: american hostages > bernard wolfman > commodities trader > corrupt organizations act > georgetown university law > georgetown university law center > harvard law school > marc rich > mayor rudolph giuliani > new york city mayor > racketeer influenced and corrupt organizations act > rico racketeer > rudolph giuliani > scooter libby > states attorneys office > united states attorneys
Marcus Garvey
Posted on | November 25, 2009 | No Comments
Marcus Garvey was an African Fundamentalist. He believed that all European nations and the Untied States should stay out of the affairs of Africa. He was a contemporaries with such luminaries as Booker T. Washington and W. E. B. Du Bois. He was not well liked by many people. He believed that African Americans were placed at a social disadvantage by white society and sought change.
The United States government trumped-up mail fraud charges against Garvey. He was convicted and exhausted all possible appeals. On February 8, 1925, he began serving a five year federal sentence in Atlanta. He began writing a book, and from that book we have his most famous quotation:
“Look for me in the whirlwind or the storm, look for me all around you, for, with God’s grace, I shall come and bring with me countless millions of black slaves who have died in America and the West Indies and the millions in Africa to aid you in the fight for Liberty, Freedom and Life.”
Coolidge commuted his sentence in November of 1927 and had him deported to Jamaica. If Coolidge could pardon this fellow in 1927, why hasn’t Obama made his move on Jack Johnson? Its 2009, right?
Marcus Garvey, author of, "First Message to the Negroes of the World From Atlanta Prison"
Tags: booker t washington > coolidge > fraud charges > jack johnson > mail fraud > marcus garvey > obama > w e b du bois
Technorati
Posted on | November 24, 2009 | No Comments
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John Edward Forte
Posted on | November 23, 2009 | No Comments
John Edward Forte is a grammy winning music producer who was caught at the airport with $1.4 million of liquid cocaine in a briefcase. He was convicted and sentenced to fourteen years. Forte has never accepted responsibility for the cocaine.
What makes this pardon odd, is that it does not fit the paradigm of George W. Bush’s pardons and commutations. Simply, W. didn’t pardon many folks at all. Why he pardoned Forte is somewhat mysterious. Bush did not grant a full pardon to Libby, or pardon Marion Jones, Michael Vick, or grant amnesty to any of the folks involved in the water-boarding scandal. Blows me away.
John Edward Forte
Tags: amnesty > george w bush > john edward > liquid cocaine > music producer