Professional Documents
Culture Documents
NORTHERN DIVISION
) Crim. No.
Plaintiff, )
)
v. ) [18 U.S.C. §§ 371, 666(a)(1)(B), 666(a)(2),
) 1341, 1343, 1346, 1951, 1956(a)(1)(B)(i),
MILTON E. MCGREGOR,
) 1001(a)(2), 1512(c)(2), and 2]
RONALD E. GILLEY,
)
THOMAS E. COKER,
)
ROBERT B. GEDDIE JR.,
)
JARROD D. MASSEY,
)
LARRY P. MEANS,
)
JAMES E. PREUITT,
)
QUINTON T. ROSS JR.,
)
HARRI ANNE H. SMITH,
)
JARRELL W. WALKER JR.,
)
and )
JOSEPH R. CROSBY, )
) INDICTMENT
Defendants. )
)
Introduction
1. The Alabama Legislature (the “Legislature”) was a political subdivision within the
State of Alabama.
2. In fiscal years 2009 and 2010, the State of Alabama received more than $10,000 per
year in funds from the United States Government in the form of grants, contracts, subsidies, loans,
comprising 105 members, and the Senate, comprising 35 members. The legislative session generally
took place between January and May. Members of the House of Representatives and the Senate
Relevant Individuals
Park, Inc., also known as Victoryland, in Macon County, Alabama, and Jefferson County Racing
Association, in Jefferson County, Alabama, as well as ownership interests in other entertainment and
gaming facilities in Alabama, which offered or sought to offer “electronic bingo” gambling
estate, entertainment, and gambling development in Houston County, Alabama, which sought to
offer “electronic bingo” gambling machines to the public. MCGREGOR provided financial backing
to GILLEY for the construction and operation of Country Crossing, in exchange for a percentage
6. JARRELL W. WALKER JR. was an employee and spokesman for GILLEY and
Lobbyists
8. ROBERT B. GEDDIE JR. was a registered lobbyist and a partner in a lobbying and
consulting business in Montgomery, Alabama. During the 2009 and 2010 legislative sessions,
11. Senator LARRY P. MEANS was serving his third term in the Alabama Senate,
representing the 10th District, which included Cherokee and Etowah Counties. MEANS was a
12. Senator JAMES E. PREUITT was serving his fifth term in the Alabama Senate,
representing the 11th District. PREUITT also owned an automobile and truck dealership in
Talladega, Alabama. PREUITT was a candidate for reelection in the 2010 Senate election cycle.
13. Senator QUINTON T. ROSS JR. was serving his second term in the Alabama Senate,
representing the 26th District, which includes Montgomery, Alabama. ROSS was a candidate for
14. Senator HARRI ANNE H. SMITH was serving her third term in the Alabama Senate,
representing the 29th District, which includes part of Houston County, in which GILLEY’s Country
Crossing was located. SMITH was a candidate for reelection in the 2010 Senate election cycle.
15. Legislator 1 was a member of the Alabama House of Representatives and a candidate
16. Legislator 2 was a member of the Alabama Senate and a candidate for reelection in
17. Legislator 3 was a member of the Alabama House of Representatives and a candidate
18. JOSEPH R. CROSBY was a legislative analyst with the Legislative Reference
Service. The Legislative Reference Service was a division of the Legislature and served as a non
partisan drafting and legal research office that provided assistance to both chambers of the
Legislature. As an employee of the State of Alabama, CROSBY was paid an annual salary of
approximately $160,000 by the State of Alabama. At all relevant times, CROSBY was an agent of
the State of Alabama. In his role as a team leader within the Legislative Reference Service,
CROSBY was a subject-matter expert on all gambling-related legislation and took an active role in
19. In or about 2009, MCGREGOR and GILLEY, together with others who supported
gambling in the State of Alabama, formed the “Sweet Home Alabama Coalition” to promote the
passage of pro-gambling legislation that would be favorable to the business interests of individuals
20. On or about March 5, 2009, ROSS introduced a bill in the Alabama Senate, Senate
Bill 471 (“SB471”), which proposed amendments to the Alabama Constitution authorizing the
operation of electronic bingo at only specified locations in Alabama, including Macon County, home
of Victoryland, and Houston County, home of Country Crossing, which was then under construction.
A virtually identical bill, House Bill 676, was introduced on the same day in the House of
Representatives. These bills, which individually and collectively were known as the “Sweet Home
Alabama” legislation and which were supported by MCGREGOR and GILLEY’s “Sweet Home
Alabama Coalition,” ultimately, for lack of support, were never put to a vote in either chamber of
21. In January 2010, at the commencement of the 2010 Alabama legislative session,
various members of the Legislature introduced several pieces of legislation that, if enacted, would
MCGREGOR and GILLEY. This legislation primarily distilled to two measures: (1) proposed
amendments to the Constitution of Alabama that would authorize the operation of electronic bingo
gambling machines in Alabama, and (2) proposed general legislation that would preclude law
enforcement officials from interfering with the operations of electronic bingo gambling
22. Senate Bill 380 (“SB380”), which was introduced in the Alabama Senate on or about
February 4, 2010, like the “Sweet Home Alabama” legislation in 2009, proposed an amendment to
the Alabama Constitution permitting the operation and taxation of electronic bingo in Alabama.
MCGREGOR, GILLEY, and other operators of similar gambling enterprises supported SB380.
23. On or about March 3, 2010, a procedural vote, known as a budget isolation resolution
(“BIR”), which would have permitted a substantive vote on SB380, failed for lack of the necessary
21 votes.
24. Subsequently, on or about March 30, 2010, a revised SB380 passed in the Alabama
25. The House of Representatives did not vote on SB380. In addition, the Legislature
did not vote on any general bills involving pro-gambling legislation during the 2010 legislative
26. According to fiscal estimates prepared by employees of the Legislature, SB380 would
have generated over $5,000 in annual state and local tax proceeds.
COUNT ONE
(Conspiracy, 18 U.S.C. § 371)
27. The allegations contained in Paragraphs 1 through 26 of this Indictment are realleged
28. From in or about February 2009 through in or about August 2010, in the Middle
MILTON E. MCGREGOR,
RONALD E. GILLEY,
THOMAS E. COKER,
ROBERT B. GEDDIE JR.,
JARROD D. MASSEY,
LARRY P. MEANS,
JAMES E. PREUITT,
QUINTON T. ROSS JR.,
HARRI ANNE H. SMITH,
JARRELL W. WALKER JR.
and
JOSEPH R. CROSBY,
along with co-conspirator Lobbyist A, and other persons known and unknown to the Grand Jury,
did knowingly and willfully combine, conspire, confederate, and agree with each other and with
other persons known and unknown to the Grand Jury to commit federal programs bribery, in that:
A. the defendants and others known and unknown to the Grand Jury corruptly
gave, offered, and agreed to give money and other things of value to Alabama State legislators and
legislative staff, as agents of the State of Alabama, with intent to influence and reward them in
connection with pro-gambling legislation, which was any business, transaction, and series of
transactions of Alabama involving anything of value of $5,000 or more, in violation of Title 18,
Alabama, corruptly solicited, demanded, accepted and agreed to accept money and things of value
from defendants and others, intending to be influenced and rewarded in connection with pro-
gambling legislation, which was any business, transaction, and series of transactions of Alabama
involving anything of value of $5,000 or more, in violation of Title 18, United States Code, Section
666(a)(1)(B).
29. It was a purpose of the conspiracy for MCGREGOR and GILLEY to corruptly
provide and offer to provide payments and campaign contributions, among other things of value, to
members and staff of the Alabama Legislature, including MEANS, PREUITT, ROSS, SMITH,
Legislator 1, Legislator 2, Legislator 3, and CROSBY, with the intent to influence and reward them
for official acts taken to effect the passage of pro-gambling legislation that was favorable to the
30. It was further a purpose of the conspiracy for members and staff of the Alabama
Legislature, including MEANS, PREUITT, ROSS, SMITH, and CROSBY, to enrich themselves by
corruptly accepting payments, campaign contributions, and offers of payments and campaign
contributions with the intent of being influenced and rewarded for supporting the business interests
31. It was further a purpose of the conspiracy for lobbyists, including COKER, GEDDIE,
MASSEY, and Lobbyist A, along with SMITH, to assist MCGREGOR and GILLEY by corruptly
providing and offering to provide payments and campaign contributions, among other things of
value, to members of the Alabama Legislature, including MEANS, PREUITT, ROSS, SMITH,
Legislator 1, Legislator 2, and Legislator 3, in a manner that would conceal the true nature, source,
and control of the money and the fact that it was being provided by MCGREGOR and GILLEY,
with the assistance of lobbyists and SMITH, to the legislators in return for their favorable votes on
32. It was part of the conspiracy that MCGREGOR and GILLEY, individually and
through direction provided to lobbyists and other individuals, including COKER, GEDDIE,
MASSEY, WALKER, and Lobbyist A, would provide and offer to provide campaign contributions,
campaign appearances by country music celebrities, political polls, media buys, fundraising
assistance, offers to pay money to opposition candidates in return for their withdrawal from races,
and other things of value, to incumbent legislators and candidates for election to the Legislature,
including ROSS, MEANS, PREUITT, SMITH, Legislator 1, Legislator 2, and Legislator 3, in return
for supporting the business interests of MCGREGOR and GILLEY by promising to vote for, and
33. It was a further part of the conspiracy that MCGREGOR and GILLEY would and did
pay thousands of dollars, in violation of Alabama law, to public officials and employees of the
Legislature, including CROSBY, in return for their assistance in drafting and passing pro-gambling
legislation and promoting MCGREGOR’s and GILLEY’s business interests, including their interest
34. It was a further part of the conspiracy that MCGREGOR and GILLEY would and did
hire lobbyists, political consultants, and other individuals, including WALKER, GEDDIE, COKER,
MASSEY, and Lobbyist A, who would, among other things, meet with members of the Legislature
to offer things of value and negotiate the terms of benefits provided by MCGREGOR and GILLEY
to legislators and candidates for election to the Legislature in return for supporting the business
interests of MCGREGOR and GILLEY by promising to vote for, and voting for, pro-gambling
legislation.
35. It was a further part of the conspiracy that ROSS, MEANS, SMITH, and PREUITT
would and did solicit and demand payments and campaign contributions from MCGREGOR and
GILLEY and the lobbyists and other individuals working for them, including GEDDIE, COKER,
MASSEY, WALKER, and Lobbyist A, in return for their votes and support for pro-gambling
legislation.
36. It was a further part of the conspiracy that MCGREGOR, GILLEY, and lobbyists and
other individuals working for them, including GEDDIE, COKER, MASSEY, WALKER, and
Lobbyist A, would and did disguise payments made to legislators from whom they sought support
by concealing illicit payments through political action committees (“PACs”) and using conduit
contributors.
37. It was a further part of the conspiracy that MCGREGOR, GILLEY, lobbyists and
other individuals working for them, including GEDDIE, COKER, MASSEY, WALKER, and
Lobbyist A, and legislators, including SMITH, ROSS, MEANS, and PREUITT, did attempt to
conceal the planning and execution of these corrupt transactions by, among other things, using
meetings, falsifying business records, providing falsified documents in response to grand jury
Overt Acts
38. In furtherance of the conspiracy and to effect the objects thereof, the defendants and
others committed the following overt acts, among others, in the Middle District of Alabama and
elsewhere:
Legislator 1
39. On or about February 18, 2009, MASSEY told Legislator 1, a member of the
Alabama House of Representatives, whose district contains GILLEY’s Country Crossing, that he
(MASSEY) needed to know Legislator 1’s position on the issue of electronic bingo, so that
MASSEY could decide whether to put pressure on Legislator 1 to support the issue.
40. On or about March 4, 2009, one day before a possible vote on the “Sweet Home
Alabama” pro-gambling legislation, SMITH invited Legislator 1 and Legislator 2, a member of the
Alabama Senate, to dinner that night with MASSEY, GILLEY, and others to discuss the bill.
GILLEY sought to persuade Legislator 1 to support the “Sweet Home Alabama” legislation by
offering to raise hundreds of thousands of dollars for Legislator 1’s reelection campaign. At the
same dinner, SMITH attempted to persuade Legislator 1 that she and Legislator 1 would need
GILLEY’s campaign support to win reelection and that Legislator 1 should work with GILLEY to
10
42. On or about March 24, 2009, SMITH, in a telephone conversation with Legislator
1, stated that she believed that GILLEY, in fact, would honor his word and provide to Legislator 1
the hundreds of thousands of dollars GILLEY offered Legislator 1 during the dinner on or about
March 4, 2009.
43. On or about March 26, 2009, GILLEY, in a telephone conversation with Legislator
1, reaffirmed his willingness, and the willingness of others, to provide campaign support and
contributions to Legislator 1 “until the damn cows come home” in exchange for Legislator 1’s
44. On or about January 13, 2010, after the 2009 legislative session ended without a vote
on the “Sweet Home Alabama” legislation in either chamber of the Legislature, in a telephone
conversation, GILLEY renewed his efforts to influence Legislator 1’s vote on pro-gambling
legislation, warning Legislator 1 that, if Legislator 1 did not vote in favor of legislation favorable
Legislator 2
45. On or about March 4, 2009, Legislator 2, a member of the Alabama Senate, attended
the same dinner at a restaurant in Montgomery, Alabama, with Legislator 1, SMITH, GILLEY, and
MASSEY, among others. During the dinner, SMITH discussed with Legislator 2 the campaign
46. During the 2009 legislative session, MASSEY contacted Legislator 2 and inquired
47. On or about February 9, 2010, after SB380 had been introduced in the Alabama
11
Senate, GILLEY had a telephone conversation with Legislator 2 about the pro-gambling legislation.
During the conversation, Legislator 2 mentioned SMITH’s earlier indication, during the dinner on
or about March 4, 2009, of possible campaign support for Legislator 2 from GILLEY, as well as a
discussion Legislator 2 had with MASSEY about the possibility of Legislator 2 working as a
political consultant. In response, GILLEY promised to “get all those bases covered to where it’s,
to where it’s fluid for you, and, and it’s comfortable for you.” As the call ended, GILLEY told
Legislator 2 that the cellular phone GILLEY was using was “a very, very safe line . . . . I change the
48. On or about February 16, 2010, MASSEY, during an unannounced visit to Legislator
2’s legislative office, stated that MCGREGOR and GILLEY “put money into races.” MASSEY
attempted to mask his corrupt intent, claiming that “there’s no quid pro quos.” However, during the
same conversation, MASSEY went on to warn Legislator 2 that, if Legislator 2 did not commit to
voting in favor of the pro-gambling legislation supported by MCGREGOR and GILLEY, Legislator
2 “might miss an opportunity to really cut yourself a good deal,” and noted that “there’s some
money at play that could be had that, you know, could only be made available to certain candidates.”
During the visit, MASSEY also instructed Legislator 2 not to discuss these issues over the
telephone.
Legislator 2 that he (the lobbyist) could use MCGREGOR’s resources to help Legislator 2 move up
in the leadership of Legislator 2’s party without “having to really get dirty,” adding, “I think you’re
50. On or about February 18, 2010, Legislator 2 met with MASSEY, MCGREGOR, and
12
GILLEY at MASSEY’s office in Montgomery, Alabama. During the meeting, MCGREGOR and
GILLEY expressed concern that, unless the pro-gambling legislation passed in Alabama, their
commercial futures were in jeopardy. MCGREGOR then went on to stress the need for Legislator
2’s favorable vote on the pro-gambling legislation, stating, “Here’s where we are. We need, we
need your help. We need your vote and support on the people having the right to vote on this issue.”
In response to Legislator 2’s suggestion that it could cost up to $500,000 to run for state-wide office,
MCGREGOR stated that Legislator 2 “need[ed] some new friends” and that he and GILLEY “got
a bad habit of supporting our friends.” Later in the conversation, MASSEY focused the discussion
You need resources. You need a commitment, um and obviously we’ve got a very important
issue. I’m not going to tell you there’s a quid pro quo, but, that being said, um, these guys
can talk about what we can do, what we can’t do. That’s for y’all to decide and determine.
When Legislator 2 suggested that “maybe they need to think about it,” MCGREGOR stated, “I don’t
need to think about it. We done talked. . . . We done thought about it.” GILLEY added, “I don’t
51. During the meeting at MASSEY’s office on or about February 18, 2010, the parties
When Legislator 2 stated that “[MASSEY] and I talked about doing some PR [i.e., public relations]
stuff, some consulting work that you’d mentioned before,” GILLEY responded, promising that “we
can tie you into our, uh, uh, our entertainment and PR firm, which is the biggest in the country.”
Agreeing with GILLEY’s offer, MASSEY told Legislator 2, “Let me visit with them [MCGREGOR
and GILLEY] and get a little bit deeper in the weeds. And you and I can come up with a kind of
template of sorts.” As the conversation ended, MCGREGOR assured Legislator 2: “Let me say it
13
another way, it would be absolutely, to me, unthinkable for us not to work together. It is the perfect
scenario.”
52. On or about February 19, 2010, MASSEY met with Legislator 2 to discuss the details
of a plan to compensate Legislator 2 for his vote in favor of the pro-gambling legislation by
funneling $1 million per year—to be used at Legislator 2’s discretion—through a public relations
job set up in connection with a public relations firm employed by GILLEY in order to conceal the
fact that it was MCGREGOR and GILLEY who were going to pay Legislator 2. MASSEY
summarized the offer, saying, “I would suggest that that look something like—and, again, it is up
to you for what you would want to use it for—but basically there is a million dollars of business that
is going to come through that PR entity, one way or the another, you know, annually.” Later in the
There are some oddities to how we would want to do it because, you, as you know on the
ethics reporting, if there’s any tie to an organization that is lobbying a legislature, technically
they have to announce that there is a business connection. And when they do then obviously
everyone’s gonna look at it whether it’s totally legit or whatever.
So you got to find a backdoor way, which is basically you have, then, an entity that is not
related per se to [GILLEY’s business] whatever that may be. Um, it’s some subsidiary that
is disconnected and isn’t required to be registered as a lobbyist, and you meet all those
thresholds. Um, we get all that worked out, that’s not a big deal. But, in effect, that PR
entity does two things. One, it gives you ability to do some other things, um, have that
structure. But then also you got that revenue that’s, I mean, use it for campaigns. You can
use it individually or whatever.
At the end of the conversation, MASSEY told Legislator 2, “I’m telling ya, it’s a good deal . . . I
person meeting to “fine tune” the corrupt deal, noting that “obviously we don’t need to talk about
that on the phone.” MASSEY also noted that Legislator 2 would be “very, very pleased” with the
14
proposal.
54. On or about February 23, 2010, MASSEY and GILLEY met with Legislator 2 at a
retail store in Prattville, Alabama, to finalize the deal. During the meeting, GILLEY affirmed his
commitment to Legislator 2: “I’m excited about the opportunities. I’m excited about the, uh, PR,
my PR firm is excited. . . . It’ll be great for all of us.” GILLEY also confirmed that, even if the pro-
gambling legislation did not pass in the House of Representatives, “I’m with ya,” as long as
55. On or about March 2, 2010, MASSEY told GILLEY that Legislator 2 “ain’t with us”
56. That same day, on or about March 2, 2010, MCGREGOR, speaking with the sponsor
of SB380, said that Legislator 2 was “solid as a rock” in his support for the bill.
57. Later that same day, on or about March 2, 2010, MCGREGOR said Legislator 2 “flat
hadn’t told the truth to some people,” when an employee of the Alabama legislature told
58. Toward the end of the day on or about March 2, 2010, the sponsor of SB380 asked
MCGREGOR for permission to retaliate against Legislator 2 and other legislators who did not
support the bill. During the conversation, the legislator stated, “I . . . want your authority . . . I mean
the collective authority . . . to say, if you fuckers fuck us on this [legislation] . . . there will be no
peace. . . . We’re coming after your ass.” MCGREGOR responded, “Big man, let me tell you, I
don’t even have to think about it. You’ve got mine . . . .” The sponsor continued, reiterating, “I
want the authority to say this is your vote, you vote yes or no and this is what we’re going to judge
you by.” Again, MCGREGOR affirmed that he was “110% on board with that.”
15
59. On or about March 13, 2010, in a telephone call between MCGREGOR and GILLEY,
MCGREGOR suggested that GILLEY approach Legislator 2 again, to which GILLEY replied that
any offer to Legislator 2 would not be “what I had agreed to before.” In response, MCGREGOR
said, “I understand.”
60. Later that same day, on or about March 13, 2010, MCGREGOR cautioned GILLEY
to hold off on talking to Legislator 2, saying, “Let’s wait and see if we even need him. . . . I’d rather
that motherfucker come to you anyway.” GILLEY replied, “Yeah, especially after the way he did
us last time, and uh, the deal, what I had worked out with him ain’t gonna fly now.”
61. On or about March 14, 2010, MCGREGOR told an employee of the Alabama Senate
to give Legislator 2 a “gut check,” because although MCGREGOR claimed that Legislator 2 “hadn’t
made any commitments to me, . . . I promise you one thing, . . . [Legislator 2] flat did to others.”
62. On or about March 22, 2010, in a telephone call between GILLEY and MASSEY,
MASSEY suggested that GILLEY direct SMITH to warn Legislator 2 that GILLEY and MASSEY
were “going to make [Legislator 2’s] life a holy hell” unless Legislator 2 changed Legislator 2’s
63. On or about March 18, 2010, speaking with MCGREGOR, GEDDIE said his
lobbying partner “had a pretty good conversation with [Legislator 2], but, you know, we’ve been
down that road before.” Later in the conversation, MCGREGOR told GEDDIE that “[Legislator
2] damn sure wasn’t committed to me with it, [but] I’m told point blank that [Legislator 2] was flat
64. On or about March 23, 2010, GILLEY complained to MCGREGOR about the
amount of time he had spent with Legislator 2, stating, “[to] end up doing me the way he did me was
16
65. On or about March 24, 2010, MASSEY, recounting a conversation he had just had
with Legislator 2 regarding Legislator 2’s decision to vote against the BIR on or about March 3,
2010, told GILLEY: “In case I was being recorded, I said, [Legislator 2] I don’t recall anything we
talked about previously. . . you can tell me that you support [the legislation] or don’t and we can
have another conversation at my office . . . .” MASSEY continued, “I just made sure I was covering
66. On or about March 31, 2010, GILLEY, after the existence of the instant criminal
investigation became public, told MCGREGOR that he was “real disturbed” with Legislator 2 and
questioned “what that motherfucker was up to when we were meeting with him,” referring to their
meetings in February 2010, during which MCGREGOR, GILLEY, and MASSEY discussed with
Legislator 2 the things of value they could provide Legislator 2 in exchange for his vote on the pro-
gambling legislation.
Legislator 3
67. On or about February 14, 2010, MCGREGOR left a voicemail for Legislator 3, a
member of the Alabama House of Representatives, who had not spoken to MCGREGOR in
approximately two years. At the time of the call, Legislator 3 believed that MCGREGOR had
68. On or about February 15, 2010, after Legislator 3 called him back, MCGREGOR and
vote on the pro-gambling legislation. In light of MCGREGOR’s affiliation with gambling interests,
17
MCGREGOR stated, “Yeah and I can get you support from people, uh, I, I would, I wouldn’t think
that you would want support directly from me.” Later during the call, MCGREGOR told Legislator
3, “I can get you significant help in your campaign not from me, from people that I have a great
working relationship with, business type people. That some of them that you could never get by
yourself.” When Legislator 3 inquired whether the amount of any contributions would be “500 or
a couple of thousand,” MCGREGOR responded, “Oh no, I, I said significant help. . . . I can and will
get you significant help from people that fall in this category. That’s the commitment I’ll make to
you right now and it’s as good as, as, as, as any commitment you will ever get. I will do it, and I
will prove it to you.” After Legislator 3 mentioned he had a fundraiser that evening, MCGREGOR
69. Later that same day, on or about February 15, 2010, following MCGREGOR’s
conversation with Legislator 3, MCGREGOR called GEDDIE and told him about Legislator 3’s
fundraiser.
70. Later on or about February 15, 2010, GEDDIE and an employee of his lobbying firm
delivered two checks, each in the amount of $2,500, drawn from GEDDIE-controlled PACs, to
71. On or about February 16, 2010, MCGREGOR apologized to Legislator 3 for missing
the fundraiser; however, MCGREGOR said that he “got Bob [GEDDIE] and [one of GEDDIE’s
employees] to go over to your function last night and they were impressed.” When Legislator 3
expressed uncertainty about whether GEDDIE and his employee were there on MCGREGOR’s
behalf, MCGREGOR stated, “Oh yeah. Yeah. . . . I called Bob [GEDDIE] right at well, about thirty
minutes after I talked with you to see if he could go and represent, represent me and, and he said
18
he’d be glad to and, uh, so anyway we talked about what, what I wanted him to do and, uh, and he
did it.”
72. Sometime after on or about February 16, 2010, GEDDIE instructed an employee to
ledger maintained by GEDDIE’s lobbying business. Then, at a later date, GEDDIE told the same
employee that the contributions to Legislator 3, in fact, should not be attributed to MCGREGOR.
GEDDIE further instructed the employee to alter the contribution ledger to reflect that two other
clients were the source of the contributions to Legislator 3, when in fact GEDDIE knew that the
contributions were made on behalf of and at the direction of MCGREGOR and that the other two
73. Between in or about May 2010 and in or about August 2010, in response to grand
jury subpoenas, GEDDIE caused to be produced to law enforcement officials the altered
contribution ledgers.
LARRY P. MEANS
74. On or about February 5, 2010, the day after SB380 was introduced in the Alabama
Senate, MEANS received five $5,000 contributions, totaling $25,000, attributed to MCGREGOR
75. On or about March 22, 2010, in a telephone call with MCGREGOR, MEANS
referred to the pending pro-gambling legislation and said that there was “nothing I want to do more
than help you.” MEANS noted he was facing a reelection challenge and said, “I’m going to
probably need a bunch of help now.” MCGREGOR responded, “Well, you got me . . . and whatever
it takes for Larry MEANS to come back, that’s what we gonna do. That’s the bottom line.” Later
19
in the conversation, MEANS told MCGREGOR: “I still been talking to Jim [PREUITT]. . . . He and
76. On or about March 24, 2010, MEANS told Lobbyist A to ask MASSEY and GILLEY
if they would contribute $100,000 to MEANS’s campaign, and Lobbyist A relayed MEANS’s
request to MASSEY. In response, MASSEY told Lobbyist A that he had told GILLEY that MEANS
77. On or about March 24, 2010, MASSEY told GILLEY that “I need to get your okay
on something . . . we’re getting a shakedown going on us up here to some degree . . . with regards
to MEANS. . . . He’s asking for $100,000 if he votes for this bill.” In response, GILLEY stated,
78. One minute later, on or about March 24, 2010, when GILLEY called MASSEY from
a different phone, MASSEY stated, “Hey, sorry, I forgot.” Returning to the subject of MEANS’s
request for $100,000, GILLEY told MASSEY that “he can one-hundred percent count on our
support.” GILLEY continued, “We’re gonna support who supports democracy. And the
motherfucker who doesn’t support democracy get ready to get their fucking ass busted.”
79. Later that same day, on or about March 24, 2010, Lobbyist A, on instructions from
MASSEY, told MEANS that MASSEY and GILLEY would make the $100,000 contribution.
Referring to his earlier request, MEANS asked if they were talking about the same thing. Lobbyist
80. That same day, on or about March 24, 2010, MASSEY told a public official from
Houston County, Alabama: “I’m sitting up here right now cutting a deal with, cutting a deal with
20
81. In the morning of the day of the vote on SB380, on or about March 30, 2010,
MASSEY told a fellow lobbyist: “COKER went to Talladega [PREUITT’s hometown] and Gadsden
[MEANS’s hometown] yesterday and fine tuned all that, you know, make sure everything was
82. On or about March 30, 2010, MEANS voted for SB380, which MCGREGOR and
GILLEY supported, having abstained in the BIR vote on an earlier version of SB380 just weeks
earlier, on or about March 3, 2010, and having promised people that he would not vote for the bill
without a local provision related to gambling in Etowah County, a county in MEANS’s district. The
JAMES E. PREUITT
83. In or about early March 2010, PREUITT told Lobbyist A that if a vote were held the
84. Thereafter, in or about early March 2010, when Lobbyist A informed MASSEY that
PREUITT would vote against the pro-gambling legislation, MASSEY told Lobbyist A to offer
85. Shortly thereafter, in or about early March 2010, Lobbyist A, following MASSEY’s
instructions, met with PREUITT in PREUITT’s legislative office and told PREUITT that MASSEY
and GILLEY would provide PREUITT with $2 million for his 2010 reelection campaign if
86. On or about March 2, 2010, GILLEY and MASSEY discussed whether PREUITT’s
vote was “squared away.” During the conversation, in a reference to PREUITT’s car dealership,
21
87. Later the same day, on or about March 2, 2010, MASSEY told GILLEY to call
MASSEY back on the “other phone.” When GILLEY called back, MASSEY and GILLEY
discussed securing PREUITT’s vote by purchasing a “good bit” of vehicles from PREUITT’s
dealership. During the call, MASSEY told GILLEY to meet with PREUITT in person and “assume
that you are being recorded” when speaking to PREUITT over the phone.
88. On or about March 3, 2010, MASSEY told WALKER that he was going to “feel
around the edges” with PREUITT to determine what it would take to secure PREUITT’s support for
SB380.
89. Later that same day, on or about March 3, 2010, PREUITT voted no on a BIR that
90. On or about March 20, 2010, MCGREGOR, in a conversation with another gambling
facility operator, named PREUITT, along with four other senators, including Legislator 2, as “in
play,” after noting that he told PREUITT he “can’t survive” without PREUITT’s support for the pro-
gambling legislation.
91. Later that same day, on or about March 20, 2010, Lobbyist A told GILLEY that
PREUITT had not yet agreed to vote for the gambling bill and that GILLEY needed to meet with
PREUITT in person to let PREUITT know that GILLEY, MASSEY, and Lobbyist A would run
PREUITT’s reelection campaign and provide country music celebrities as a means of support.
92. On or about March 21, 2010, GILLEY told WALKER to promise PREUITT that
“we’ll have our celebrities come in here and support you and we’ll blow the competition away. We
will, we’ll wax their ass, but you [PREUITT] got to vote for us on this.” GILLEY also told
WALKER, “[Y]ou can buy a damn fleet [of vehicles] from him [PREUITT] if you have to while
22
you’re there.”
93. On or about March 22, 2010, GILLEY, in response to Lobbyist A’s suggestion that
GILLEY visit PREUITT, noted that he needed to buy some trucks from PREUITT’s dealership.
94. On or about March 22, 2010, PREUITT left GILLEY a message, returning an earlier
call from GILLEY. When GILLEY heard PREUITT’s message, he stated that PREUITT was a “no
95. Later the same day, on or about March 22, 2010, MCGREGOR, after revealing to
COKER that they had received a commitment on one more vote, declared that “if [PREUITT] goes
96. On or about March 23, 2010, WALKER told GILLEY that he offered to run a poll
on PREUITT’s behalf. In response, GILLEY told WALKER that he would bring a famous country
97. On or about March 23, 2010, MCGREGOR told COKER: “Your major assignment
today ought to be trying to close the deal with PREUITT.” Later in the same telephone call,
MCGREGOR reiterated: “We need to zero in on PREUITT like a, like a laser beam.”
98. On or about March 23, 2010, COKER told MCGREGOR about a lunch conversation
he had with PREUITT and MEANS, stating, “I think, uh, uh, GILLEY’s call and conversation with
him [PREUITT], uh, helps him a great deal . . . that little added layer of, of what they offered in
terms of, uh, entertainers and things like that during his campaign I think that meant a lot to him
cause I’d already told him what we would do. . . . If, uh, GILLEY calls, give them credit for putting
23
99. On or about March 23, 2010, MCGREGOR told a fellow gambling operator, in
100. On or about March 23, 2010, MCGREGOR told GILLEY: “COKER told me to tell
you that, what you, you did, a good job in talking to PREUITT. . . . PREUITT was bragging on y’all
today.” GILLEY replied: “Oh, we gon’ stay on him like white on rice, now, we, we, uh, got some
things lined up for him.” MCGREGOR continued, “Good. Well he was very appreciative,
PREUITT is.”
101. On or about March 23, 2010, MCGREGOR told a member of the Senate leadership:
102. On or about March 24, 2010, PREUITT approached Lobbyist A at the Alabama
Senate and asked Lobbyist A if MASSEY and GILLEY would honor their commitments to
PREUITT if SB380 did not pass in the House of Representatives. Lobbyist A, after checking with
MASSEY, assured PREUITT that MASSEY and GILLEY would keep their promises.
103. On or about March 24, 2010, WALKER told MASSEY that he offered his support
to PREUITT in exchange for PREUITT’s vote on the pro-gambling bill. During the conversation,
WALKER also stated that he knew PREUITT had spoken to Lobbyist A about whether MASSEY
would honor his commitments if the bill did not pass in the House of Representatives.
104. On that same day, on or about March 24, 2010, MASSEY, after discussing whether
he should spend $20,000 of GILLEY’s money to pay for a poll for PREUITT, told Lobbyist A:
“’Course at this point the way we’re spending money, I don’t, I, I say just go ahead and do it, and
if he damn don’t vote for us, we’ll kill his ass, we’ll, we’ll, or we’ll fuck up the results in the poll
24
105. Later that same day, on or about March 24, 2010, MASSEY told GILLEY that he did
not think that PREUITT had “committed to anything,” to which GILLEY replied, “whatever we
106. Later that same day, on or about March 24, 2010, MASSEY recounted to GILLEY
“I’m going tell you right now, the only way I know, the most definitive way—aside from
what you already been talked to about as far as the support you’ll have and the commitments
we’ve got from Jay [WALKER] and our artists—is, you will financially be able to match
anything they put in your race. ’Cause we want to get you re-elected . . . .”
We didn’t talk any specifics, he [PREUITT] didn’t want to talk any specifics. I just said,
“Look, you, you ante up with us,” I said, “We raised over a quarter of million dollars for
Harri Anne SMITH in one night with what I would tell you is not necessarily the, you know,
most current artistry. Uh, if I bring in a [contemporary country music star] or somebody like
that in your area, no telling what I can raise. “But,” I said, “Senator that was in one night.”
I said, “That gives you just a little example of the type of stuff we’re committed to do for our
friends . . . .”
When GILLEY asked how PREUITT responded to MASSEY’s assurances, MASSEY continued:
He told me point blank, he said, “Well, as you know, I’ve gone, come a long way,” and you
gotta know PREUITT to understand all this code. “I’ve come a long way.” And, he’s
winking at me. . . . I told him, I said, “Look, I know you rock solid with Larry [MEANS].”
I said, “I know you’re covering him.” I said, “Y’all got, y’all got this thing locked up right
now and it’s whatever y’all want.” And I said, “So, that’s, you know, hey, that’s great.
That’s the way this process works.”
Later in the conversation, MASSEY told GILLEY, “I mean, he’s, he’s [PREUITT] there. He all but
told me, ‘Hey, when Larry [MEANS] is fine,’ I mean, ‘I’m not going to leave Larry [MEANS]
hanging.’”
107. On or about March 26, 2010, MASSEY recounted for GILLEY a conversation
You know, we’re squared away on PREUITT, uh, basically, though, and PREUITT’s funny,
you know, he doesn’t want to get in to certain things, but we talked in, in various detail the
25
other day. But here’s what we’re doing. Tom [COKER] called me, he said, “Look,
PREUITT’s fine, but he’s basically wanting to verify what ‘significant way’ means and all
this,” which I kinda told him the other day, you know. He [COKER] said campaign
contributions, uh, you know, the artists. So we walked through it and . . . what Tom
[COKER] said is “I’m trying to find you, that’s what he’s [PREUITT] asked me to do.” And
he [COKER] said, “I didn’t want to just call Ronnie [GILLEY].”
GILLEY said he would call COKER and tell COKER “exactly” what he told PREUITT.
108. On or about March 26, 2010, in a telephone conversation with WALKER, GILLEY,
referring to PREUITT and his campaign personnel, instructed WALKER to “give ‘em whatever they
want right now, we’ve gotta have that damn vote come Tuesday.”
109. On or about March 26, 2010, COKER told MASSEY that PREUITT wanted to find
out the precise details behind MASSEY and GILLEY’s promises to be “heavily involved,” above
and beyond campaign contributions, in PREUITT’s upcoming campaign for reelection. MASSEY
recommended that COKER speak directly to GILLEY about the promises that GILLEY made to
PREUITT.
110. Shortly thereafter, on or about March 26, 2010, MASSEY told WALKER that “we
are fine tuning everything through COKER this morning for PREUITT. Everything is good to go,
but, um, Ronnie’s [GILLEY] gonna have a conversation with COKER just to verify all our
commitments and make sure he’s clear on ‘em, so we can finalize everything.”
111. In or about the end of March 2010, MASSEY told Lobbyist A that COKER had asked
112. On or about March 30, 2010, the day of the Senate vote on SB380, PREUITT told
113. On or about the same day, March 30, 2010, MASSEY told a fellow lobbyist that
26
yesterday and fine tuned all that . . . make sure everything was committed . . . confirm everything
114. On or about March 30, 2010, twenty-seven days after he voted against a BIR on an
115. On or about March 31, 2010, during a telephone conversation between GILLEY and
SMITH, SMITH asked GILLEY, “You wanna tell Jim PREUITT thank you [for voting in favor of
SB380]? He’s sitting in my office.” When PREUITT got on the line, GILLEY thanked PREUITT
for his support. PREUITT interjected to remind GILLEY about commitments that were made to
PREUITT: “Well, I think, uh, you probably knew we had a couple, or come from a decent
conversation prior . . . with Jay [WALKER] and, uh, then I get back with COKER.” GILLEY
responded, assuring PREUITT that “we are rock solid and we’re ready, we’re ready to, uh, again,
we believe in supporting people who, who support democracy, as I told you before, and we are, we
are gung ho and ready to get started . . . we’re rock solid and one-hundred percent behind you.” The
conversation continued with PREUITT asking GILLEY to help “taper off” PREUITT’s opposition
and GILLEY promising that PREUITT would be prepared to fight that “battle” if the need arose.
As the conversation ended, PREUITT told GILLEY, “Call me if you need me.”
116. On or about April 1, 2010, in an interview with law enforcement officers, PREUITT
claimed that he was never offered anything of value in exchange for his vote to pass pro-gambling
legislation, and that he was unaware of private individuals, lobbyists, or legislators being involved
in the offer or acceptance of things of value in exchange for votes to pass pro-gambling legislation.
117. On or about May 25, 2010, PREUITT refunded $500 and $1,500 contributions he
27
118. On or about March 3, April 20, and September 17, 2009, MCGREGOR caused to be
issued from a personal account three checks, each in the amount of $50,000, totaling $150,000, to
a PAC controlled by GEDDIE. On or about December 23, 2009, MCGREGOR caused to be issued
two corporate checks totaling $37,000 to the same GEDDIE-controlled PAC. On or about
December 29, 2009, and March 1, 2010, ROSS received $2,500 campaign contributions from the
119. In or about late December 2009 or early January 2010, ROSS called Lobbyist A.
During the call, ROSS told Lobbyist A that he wanted a campaign contribution from MASSEY and
GILLEY. ROSS demanded approximately $5,000 or $10,000. ROSS stated that he believed that
he deserved the campaign contribution because he had sponsored the pro-gambling legislation in
the 2009 legislative session, and that he was no longer “feeling the love.”
120. On or about December 27, 2009, MASSEY caused to be issued to ROSS a $5,000
campaign contribution.
121. On or about December 30, 2009, MCGREGOR caused to be issued corporate checks
totaling nearly $2 million, which were deposited into dozens of PACs. Over the next several
months, working closely with COKER, GEDDIE, and others, MCGREGOR doled out this money,
122. On or about January 7, 2010, and March 1, 2010, ROSS received two additional
123. Between in or about February 2010 and in or about April 2010, ROSS received
28
124. On or about March 9, 2010, ROSS introduced in the Senate a competing pro-
gambling bill.
125. In or about the middle of March 2010, one or two weeks prior to the vote on SB380,
126. In or about March 2010, COKER told Lobbyist A that ROSS had asked him for more
money after COKER had already given ROSS $15,000 in campaign contributions.
127. On or about March 14, 2010, MASSEY told GILLEY that ROSS was seeking
$20,000 in campaign contributions. MASSEY claimed that “we done gave his butt fifteen thousand
dollars, you know, prior to the [legislative] session,” and “apparently [ROSS’s] doing the same thing
to everybody ’cause COKER was bitching about it.” According to MASSEY, COKER said he had
128. On or about March 29, 2010, the day before the anticipated vote on the pro-gambling
bill, SB380, ROSS called MCGREGOR and asked, “You feel like you got the twenty-one [votes]
in the Senate?” MCGREGOR responded that he was “cautiously optimistic.” Later in the call,
ROSS thanked MCGREGOR for recent campaign contributions and said, “I’m actually, uh, calling
to see if I can get some more help.” In response, MCGREGOR claimed: “I don’t even know where
we are. I’ve, I’ve been so wrapped up and, uh, GEDDIE . . . he’s been keeping up with everything.”
After ROSS continued to press the issue, claiming that campaign support “would help [ROSS] out
tremendously,” MCGREGOR stated, “I did my thing in December and GEDDIE’s been doing his
29
129. The day of the vote, on or about March 30, 2010, MCGREGOR called ROSS and told
ROSS that he could “call on some folks” that he had “relationships with to help” ROSS.
MCGREGOR stated further that “money is tight.” After MCGREGOR told ROSS he would work
with GEDDIE to secure additional contributions for ROSS, ROSS stated, “I definitely appreciate
it, um, you know, whatever, whatever you can do, and I, I definitely appreciate, you know, what
you’ve already done, um, we’re just getting down to the wire, and so I’ve, you know, um, you know,
you don’t know until you ask, and so, so, you know, you just make your calls.” ROSS continued,
“We, we know the window is closing on us fast and so I’m just trying to do everything I can to, uh,
make sure I can raise [funds] . . . .” In response, MCGREGOR promised to help however he could.
131. On or about March 31, 2010, following the successful vote on SB380, COKER and
MCGREGOR discussed additional campaign contributions for ROSS. During the conversation,
MCGREGOR stated, “If you can say anything to any other clients about helping Quinton [ROSS],
I’ll tell ya about that when I see ya . . . .” COKER responded, “Yeah, I’ve got, uh, I’m, I’m gonna
give him a, a good, uh, check from the, uh, medical association and from the soft drink folks.”
Shortly thereafter, MCGREGOR acknowledged his prior conversations with ROSS on or about
March 29, 2010, and March 30, 2010, noting, “I talked to him [ROSS] about talking to you and, and
. . . GEDDIE yesterday . . . actually, yesterday and day before yesterday, I’ll tell you about that when
I see you.”
132. At all relevant times, ROSS ran unopposed in his reelection bid.
30
133. On or about April 3, 2008, SMITH introduced an anti-gambling bill, Senate Bill
572, that would have restricted the operation of bingo in Houston County, the location of
Country Crossing, to charitable organizations, while prohibiting all previously authorized private
bingo operations. SMITH’s bill, if enacted, effectively would have barred GILLEY and Country
134. During the following legislative session, on or about March 24, 2009, SMITH, in a
telephone conversation with Legislator 1, stated that she believed that GILLEY, in fact, would honor
his word and provide to Legislator 1 the hundreds of thousands of dollars GILLEY offered
Legislator 1 during the dinner at a restaurant in Montgomery, Alabama, on or about March 4, 2009.
SMITH also claimed that she was “not gonna take a dime” from GILLEY.
136. In or about late December 2009, SMITH accepted over $160,000 in additional
138. Between in or about December 2009 and in or about March 2010, SMITH accepted
a total of $13,000 in contributions from PACs that received money from MASSEY’s business and
139. Between in or about December 2009 and in or about March 2010, SMITH accepted
31
140. On or about January 11, 2010, SMITH received a $30,000 PAC campaign
contribution. On or about the next day, January 12, 2010, GILLEY wrote two $15,000 personal
checks to two other PACs controlled by the same individual who ran the PAC from which SMITH
141. On or about March 10, 2010, SMITH received a total of $15,000 in campaign
contributions from three PACs into which MCGREGOR deposited money from his corporate
142. On or about March 11, 2010, SMITH arranged with GILLEY to funnel $400,000 into
her reelection campaign, using a PAC, thereby hiding GILLEY as the source of the funds.
143. On or about March 12, 2010, after noting that we “just gotta get another vote . . .
another couple of votes,” GEDDIE told MCGREGOR that he made campaign contributions to
144. On or about March 16, 2010, GILLEY arranged with a political consultant to buy
$400,000 worth of campaign advertisements for SMITH, with the money coming from “some
145. On or about March 22, 2010, GILLEY asked SMITH to convince as many legislators
as she could to vote for the pro-gambling legislation. SMITH indicated that she would carry out
GILLEY’s request.
146. On or about March 24, 2010, SMITH asked GILLEY about his promised campaign
contributions, and GILLEY assured her that he would “get those checks busted up, the way they
need to be.” As the conversation ended, GILLEY instructed SMITH to put pressure on other
legislators to vote in favor of the pro-gambling bill: “Stay tough on ‘em now. . . . We gotta have ‘em
32
right now . . . . Lean on everyone of ‘em you can.” SMITH reassured GILLEY: “I will.”
147. Later that same day, on or about March 24, 2010, SMITH and GILLEY continued
through various PACs. When GILLEY asked SMITH if she was comfortable using a PAC with a
name associated with a different political party than SMITH’s, SMITH consented, explaining,
“’Cause what we’re gonna do is put it through another. . . . Like, what we’ll do, it will go to that one,
148. On or about March 24, 2010, GILLEY issued four checks, each in the amount of
$50,000, to four separate PACs, including PACS referenced in an earlier conversation between
GILLEY and SMITH. The total amount, $200,000, was intended for SMITH, in partial satisfaction
of GILLEY’s promised $400,000 in support. SMITH, in turn, failed to report this contribution, the
disposition of which she controlled, on campaign disclosure reports, in violation of Alabama law.
149. On or about March 29, 2010, GILLEY offered to do a “big gala event” for SMITH’s
and another legislator’s campaigns. During the conversation, SMITH asked, “Are we sure that
PREUITT and them are OK?” In response, GILLEY claimed, “I think we’re gonna be alright, but
150. On or about March 30, 2010, SMITH voted in favor of the pro-gambling legislation,
SB380, which was wholly contrary to the prior anti-gambling bill SMITH introduced two years
earlier.
151. Later that same day, on or about March 30, 2010, after the pro-gambling bill passed
in the Senate, GILLEY called SMITH to congratulate her and to thank her for her help. In the same
conversation, GILLEY stated that, if Legislator 1 and another member of the House of
33
Representatives did not vote in favor of the legislation favored by MCGREGOR and GILLEY,
“we’re gonna get ‘em or they gonna wish they woulda. . . . We will make an example out of ‘em,
152. On or about March 31, 2010, GILLEY and SMITH discussed GILLEY’s need for
additional legislation that would protect Country Crossing until a public referendum were held in
GILLEY claimed that Country Crossing did not “have the same protection that everybody else has,”
and he instructed SMITH that she was “gonna have to lead the charge if we do it [propose additional
legislation].”
153. On or about March 31, 2010, MASSEY and WALKER discussed campaign funds
going to SMITH. Before elaborating on plans to fund SMITH’s campaign, MASSEY mentioned
Let me qualify this in case any of my friends are listening. Uh, bottom line is apparently
Ronnie [GILLEY] had indicated he wanted to be, uh, more supportive of [SMITH’s]
campaign and, uh, had indicated some funds were gonna be moving to her campaign for her
support for her various philosophies and whatnot. Uh, seems like to me there was some
discussion about $200,000 or something.
MASSEY cautioned, however, that “quite honestly, I don’t want to be talking to her right now based
on all this shit that’s going on and having any discussion about that.”
154. On or about April 3, 2010, WALKER told MASSEY that SMITH “needs to step up
to the damn plate” and support additional general legislation beneficial to Country Crossing to
reciprocate for all the support SMITH had received from them.
155. Between in or about December 2009 and in or about March 2010, SMITH received
approximately ninety percent of the campaign contributions deposited into her campaign account
34
from GILLEY, GILLEY’s business associates, GEDDIE-controlled PACs, and PACS to which
JOSEPH R. CROSBY
156. Between in or about May 2008 and in or about April 2010, MCGREGOR caused to
be issued monthly checks in the amount of $3,000, totaling $72,000, made payable to CROSBY.
CROSBY, who was prohibited from receiving income in addition to his State of Alabama salary for
his official assistance, failed to report any of the payments on his State of Alabama financial
disclosure forms until in or about July 2010, after the Legislative Reference Service received a grand
157. On or about February 27, 2009, CROSBY received an email from a lawyer working
for MCGREGOR, instructing CROSBY to make certain changes to the draft “Sweet Home
159. On or about January 11 and on or about January 18 through 20, 2010, CROSBY
160. On or about January 11, 2010, Legislator 2 made a request to the Legislative
Reference Service for a draft bill that would amend the Alabama Constitution to prohibit all forms
of gambling. Although the request initially was assigned to a different legislative analyst, CROSBY,
as a team leader, handled the drafting of the bill. Shortly thereafter, CROSBY provided Legislator
2 with a draft bill that did not prohibit all forms of gambling, as Legislator 2 had requested, but
35
instead, in part, protected the interests of gambling operators, such as MCGREGOR and GILLEY.
When Legislator 2 told CROSBY that the bill CROSBY drafted did not satisfy Legislator 2’s
161. On or about January 18, 2010, CROSBY received instructions from MCGREGOR,
through his lawyer, to make changes to a draft constitutional amendment designed to protect
162. On or about January 20 and 21, 2010, CROSBY directed an employee of the
Legislative Reference Service to transmit to MCGREGOR early drafts of SB380, which had not yet
been introduced.
164. On or about the morning of February 4, 2010, the day SB380 was introduced,
an updated draft of SB380. Later, CROSBY directed the employee to forward to MCGREGOR
165. On or about February 22, 2010, CROSBY directed an employee of the Legislative
166. On or about March 2, 2010, and March 3, 2010, CROSBY directed an employee of
167. On or about March 3, 2010, MCGREGOR caused to be issued a check in the amount
36
168. On or about March 4, 2010, MCGREGOR, through his lawyer, gave specific
169. On or about March 7, 2010, CROSBY told MCGREGOR his work on SB380 had
been “pretty exhausting.” In response, MCGREGOR stated, “I wanted to thank you for staying on
170. On or about March 8, 9, and 10, 2010, CROSBY directed an employee of the
171. On or about March 10, 2010, CROSBY promised MCGREGOR that he would make
changes to SB380 and get the agreement of the bill’s Senate sponsor. During the conversation,
MCGREGOR told CROSBY, “I appreciate your efforts, big man,” before asking him to “jog [his]
172. On or about March 11, 2010, MCGREGOR told COKER that CROSBY, along with
MCGREGOR’s lawyer and the sponsor of the legislation, “fixed” some language in SB380 that
173. On March 11, 2010, MCGREGOR asked SB380’s sponsor to talk to MCGREGOR’s
lawyer, who “knows more about my finances than I do,” in an effort to amend the bill in a way that
174. On or about March 11, 2010, and March 12, 2010, CROSBY directed an employee
175. On or about March 12, 2010, in a telephone call with CROSBY, MCGREGOR
provided specific provisions that were to be included in a revised SB380 and urged CROSBY to
speed up the drafting process so that his legislation would advance before bills proposed by other
37
legislators.
176. Later that same day, on or about March 12, 2010, referencing a proposed tax
provision in SB380, MCGREGOR assured COKER that “we ain’t gonna pay no higher tax.”
177. On or about March 14, 2010, MASSEY told GILLEY that any proposed pro-
gambling legislation would go through CROSBY, and that CROSBY could be expected to report
178. On or about March 22, 2010, CROSBY directed an employee of the Legislative
179. On or about April 7, 2010, MCGREGOR caused to be issued a check in the amount
181. On or about April 12, 2010, CROSBY directed an employee of the Legislative
mentioned one legislator’s suggestion that the legislation include a provision prohibiting campaign
contributions from gambling operators, claiming that such a provision “would lose us nineteen”
183. On or about March 12, 2010, in a telephone call between MCGREGOR and GILLEY,
MCGREGOR asked GILLEY, “Do you want to talk on your, this phone here?” GILLEY responded
that “I ain’t got my other one with me right this minute. We good on it?” When MCGREGOR
38
consented, GILLEY continued, “They listen to you anyways. They done tracked your phone, that
phone down, you had it so long. You defeated the purpose about four months ago.” MCGREGOR
184. On or about March 15, 2010, GILLEY ordered a telephone in another person’s name
185. On or about March 17, 2010, during a brief telephone exchange, MCGREGOR asked
GILLEY, “You want to call me back on the other phone or talk on this one?” GILLEY responded
that he would “call [MCGREGOR] right back.” MCGREGOR confirmed: “Call me right back on
186. Three days later, on or about March 20, 2010, in another attempt to evade possible
monitoring, MCGREGOR again asked GILLEY, “You want to call me back on that other line you
got?” GILLEY responded, “Uh, yeah, I’ll call you right back.”
187. On or about March 23, 2010, during a conversation regarding the upcoming vote on
SB380, MCGREGOR asked GEDDIE, “Confidentially, you, you on a safe phone?” to which
GEDDIE responded, “I hope so. If I’m not, I’m in trouble.” Satisfied with GEDDIE’s assurance,
MCGREGOR told GEDDIE, in a reference to the twenty-one votes necessary to pass SB380, “I feel
like we’re there.” GEDDIE agreed, stating, “Yeah, I do, too. Based on what I’ve been told.”
188. On or about March 26, 2010, GILLEY ordered a telephone in another person’s name
189. On or about March 18, 2010, MCGREGOR, speaking with GEDDIE, said, “I need
to get with you to find out exactly where we are, on, on our, on our friends and also to establish a
39
game plan on where we’re going,” after which GEDDIE noted “we still got some movin’ around to
190. On or about March 30, 2010, the day of the vote on SB380, GILLEY called a
campaign consultant to discuss a member of the Alabama Senate, who supported the bill but was
unlikely to take part in the vote due to illness. During the call, GILLEY told the consultant, who
was planning to see the ailing legislator that morning, that, if the legislator participated in the vote,
GILLEY would secure the help of prominent country music stars to run the legislator’s campaign.
GILLEY told the consultant to assure the legislator that GILLEY was going “to participate in his
campaign and uh, in a big, big, big way” and that the legislator was “number twenty-one for us.”
Later, GILLEY stated that “in excess of $500,000 is what’s already committed” if the legislator
showed up and voted in favor of SB380. The consultant assured GILLEY that he would forward
GILLEY’s promise to the legislator. Later that day, the legislator voted in favor of SB380.
COUNT TWO
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
191. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
192. On or about March 4, 2009, in the Middle District of Alabama and elsewhere,
defendants
RONALD E. GILLEY,
JARROD D. MASSEY,
and
40
aided and abetted by each other and others known and unknown to the Grand Jury, did knowingly
and corruptly give, offer and agree to give something of value to an agent of a state government with
the intent to influence and reward the agent in connection with the business, transaction, and series
of transactions of such state government involving something of value of $5,000 or more, namely,
GILLEY, MASSEY, and SMITH did offer over $200,000 in campaign contributions to Legislator
1, a member of the Alabama House of Representatives, being an agent of the State of Alabama,
which received benefits in excess of $10,000 in the one-year period from March 1, 2009, to February
28, 2010, from federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and
other forms of federal assistance, to influence and reward Legislator 1 in connection with an
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT THREE
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
193. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
194. On or about February 15, 2010, in the Middle District of Alabama and elsewhere,
defendants
MILTON E. MCGREGOR,
and
ROBERT B. GEDDIE JR.,
aided and abetted by each other and others known and unknown to the Grand Jury, did knowingly
and corruptly give, offer and agree to give something of value to an agent of a state government with
the intent to influence and reward the agent in connection with the business, transaction, and series
41
of transactions of such state government involving something of value of $5,000 or more, namely,
GEDDIE, at the direction of MCGREGOR, did give $5,000 to Legislator 3, a member of the
Alabama House of Representatives, being an agent of the State of Alabama, which received benefits
in excess of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from federal
programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal
assistance, to influence and reward Legislator 3 in connection with an upcoming vote on pro-
gambling legislation.
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT FOUR
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
195. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
196. From on or about February 18, 2010, through on or about February 23, 2010, in the
MILTON E. MCGREGOR,
RONALD E. GILLEY,
and
JARROD D. MASSEY,
aided and abetted by each other and others known and unknown to the Grand Jury, did knowingly
and corruptly give, offer and agree to give something of value to an agent of a state government with
the intent to influence and reward the agent in connection with the business, transaction, and series
of transactions of such state government involving something of value of $5,000 or more, namely,
MCGREGOR, GILLEY, and MASSEY did promise $1 million to Legislator 2, for use at Legislator
2’s discretion, which money would be provided to Legislator 2 as income from, or an equity interest
42
in, a public relations entity, to influence and reward Legislator 2, a member of the Alabama Senate,
being an agent of the State of Alabama, which received benefits in excess of $10,000 in the one-year
period from May 1, 2009, to April 30, 2010, from federal programs involving a grant, contract,
subsidy, loan, guarantee, insurance and other forms of federal assistance, in connection with an
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT FIVE
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
197. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
198. On or about March 22, 2010, and March 24, 2010, in the Middle District of Alabama
RONALD E. GILLEY,
MILTON E. MCGREGOR,
and
JARROD D. MASSEY,
along with Lobbyist A, aided and abetted by each other and others known and unknown to the Grand
Jury, did knowingly and corruptly give, offer and agree to give something of value to an agent of
a state government with the intent to influence and reward the agent in connection with the business,
transaction, and series of transactions of such state government involving something of value of
$5,000 or more, namely, GILLEY, MASSEY, MCGREGOR, and Lobbyist A promised to give
campaign contributions, including promises of $100,000 and other unspecified amounts, to MEANS,
a member of the Alabama Senate, being an agent of the State of Alabama, which received benefits
in excess of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from federal
43
programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal
assistance, to influence and reward MEANS in connection with an upcoming vote on pro-gambling
legislation.
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT SIX
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
199. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
200. From on or about March 23, 2010, through on or about March 25, 2010, in the
LARRY P. MEANS,
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
solicit, demand, accept, and agree to accept something of value intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, MEANS agreed to accept
legislation.
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
44
COUNT SEVEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
201. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
202. On or about March 22, 2010, in the Middle District of Alabama and elsewhere,
defendant
LARRY P. MEANS,
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
solicit, demand, accept, and agree to accept something of value intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, MEANS agreed to accept an
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
COUNT EIGHT
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
203. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
204. In or about March 2010, in the Middle District of Alabama and elsewhere, defendants
45
RONALD E. GILLEY,
JARROD D. MASSEY,
MILTON E. MCGREGOR,
and
THOMAS E. COKER,
along with Lobbyist A, aided and abetted by each other and others known and unknown to the Grand
Jury, did knowingly and corruptly give, offer and agree to give something of value to an agent of
a state government with the intent to influence and reward the agent in connection with the business,
transaction, and series of transactions of such state government involving something of value of
$5,000 or more, namely, GILLEY, MASSEY, MCGREGOR, COKER, WALKER, and Lobbyist
A promised to provide at least $2,000,000 in campaign support and the services of prominent
country music stars for campaign purposes, among other things of value, to PREUITT, a member
of the Alabama Senate, being an agent of the State of Alabama, which received benefits in excess
of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from federal programs
involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal assistance,
legislation.
All in violation of Title 18, United States Code, Sections 2 and Section 666(a)(2).
COUNT NINE
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
205. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
206. In or about March 2010, in the Middle District of Alabama and elsewhere, defendant
JAMES E. PREUITT,
46
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
solicit, demand, accept, and agree to accept something of value, intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, PREUITT agreed to accept
at least $2,000,000 in campaign support and the services of prominent country music stars for
campaign purposes, among other things of value, from GILLEY, MASSEY, MCGREGOR,
COKER, WALKER, and Lobbyist A, intending to be influenced and rewarded in connection with
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
COUNT TEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
207. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
208. From in or about January 2010 through in or about March 2010, in the Middle
RONALD E. GILLEY,
JARROD D. MASSEY,
MILTON E. MCGREGOR,
and
THOMAS E. COKER,
along with Lobbyist A, aided and abetted by each other and others known and unknown to the Grand
47
Jury, did knowingly and corruptly give, offer and agree to give something of value to an agent of
a state government with the intent to influence and reward the agent in connection with the business,
transaction, and series of transactions of such state government involving something of value of
$5,000 or more, namely, GILLEY, MASSEY, MCGREGOR, COKER, and Lobbyist A promised
to give campaign contributions, including promises of $25,000 and other unspecified amounts, to
ROSS, a member of the Alabama Senate, being an agent of the State of Alabama, which received
benefits in excess of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from
federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of
federal assistance, to influence and reward ROSS in connection with an upcoming vote on pro-
gambling legislation.
All in violation of Title 18, United States Code, Sections 2 and Section 666(a)(2).
COUNT ELEVEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
209. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
210. From in or about December 2009 through in or about March 2010, in the Middle
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
48
solicit, demand, accept, and agree to accept something of value, intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, ROSS agreed to accept
campaign contributions of at least $20,000 from GILLEY, MASSEY, and Lobbyist A, intending to
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
COUNT TWELVE
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
211. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
212. In or about March 2010 in the Middle District of Alabama and elsewhere, defendant
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
solicit, demand, accept, and agree to accept something of value, intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, ROSS agreed to accept an
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
49
COUNT THIRTEEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
213. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
214. From in or about December 2009 through in or about March 2010, in the Middle
RONALD E. GILLEY
aided and abetted by others known and unknown to the Grand Jury, did knowingly and corruptly
give, offer and agree to give something of value to an agent of a state government with the intent
to influence and reward the agent in connection with the business, transaction, and series of
transactions of such state government involving something of value of $5,000 or more, namely,
GILLEY promised to give at least $400,000 in campaign funds to SMITH, a member of the
Alabama Senate, being an agent of the State of Alabama, which received benefits in excess of
$10,000 in the one-year period from May 1, 2009, to April 30, 2010, from federal programs
involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal assistance,
to influence and reward SMITH in connection with an upcoming vote on pro-gambling legislation.
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT FOURTEEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
215. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
216. From in or about December 2009 through in or about March 2010, in the Middle
50
aided and abetted by others known and unknown to the Grand Jury, while a member of the Alabama
Senate, being an agent of the State of Alabama, which received benefits in excess of $10,000 in the
one-year period from May 1, 2009, to April 30, 2010, from federal programs involving a grant,
contract, subsidy, loan, guarantee, insurance, and other forms of federal assistance, did corruptly
solicit, demand, accept, and agree to accept something of value, intending to be influenced and
rewarded in connection with the business, transaction, and series of transactions of such state
government involving something of value of $5,000 or more, namely, SMITH solicited and agreed
to accept at least $400,000 for her campaign from GILLEY, intending to be influenced and rewarded
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
COUNT FIFTEEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(2) & 2)
217. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
218. From in or about February 2009 through in or about March 2010, in the Middle
MILTON E. MCGREGOR,
aided and abetted by others known and unknown to the Grand Jury, did knowingly and corruptly
give, offer and agree to give something of value to an agent of a state government with the intent
to influence and reward the agent in connection with the business, transaction, and series of
51
transactions of such state government involving something of value of $5,000 or more, namely,
MCGREGOR gave $42,000, in monthly payments of $3,000, to CROSBY, a legislative analyst with
the Alabama Legislative Reference Service, being an agent of the State of Alabama, which received
benefits in excess of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from
federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of
federal assistance, to influence and reward CROSBY in connection with his official acts as they
All in violation of Title 18, United States Code, Sections 2 and 666(a)(2).
COUNT SIXTEEN
(Federal Programs Bribery and Aiding and Abetting, 18 U.S.C. §§ 666(a)(1)(B) & 2)
219. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
220. From in or about February 2009 through in or about March 2010, in the Middle
JOSEPH R. CROSBY,
aided and abetted by others known and unknown to the Grand Jury, while a legislative analyst with
the Alabama Legislative Reference Service, being an agent of the State of Alabama, which received
benefits in excess of $10,000 in the one-year period from May 1, 2009, to April 30, 2010, from
federal programs involving a grant, contract, subsidy, loan, guarantee, insurance, and other forms
of federal assistance, did corruptly solicit, demand, accept, and agree to accept something of value
intending to be influenced and rewarded in connection with the business, transaction, and series of
transactions of such state government involving something of value of $5,000 or more, namely,
52
CROSBY agreed to accept and accepted $42,000, in monthly payments of $3,000, from
MCGREGOR, intending to be influenced and rewarded in connection with his official acts as they
All in violation of Title 18, United States Code, Sections 2 and 666(a)(1)(B).
COUNT SEVENTEEN
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
221. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
222. In or about March 2010 in the Middle District of Alabama and elsewhere, defendant
aided and abetted by others known and unknown to the Grand Jury, did knowingly attempt to
obstruct, delay, and affect commerce and the movement of articles and commodities in commerce
by extortion, as those terms are defined in Title 18, United States Code, Section 1951; that is, ROSS,
while serving as a member of the Alabama Senate, engaged in a course of conduct, whereby ROSS
solicited and, directly and through others, pressured MCGREGOR and COKER, under the color of
official right, to consent to provide an unspecified amount of campaign contributions for the benefit
All in violation of Title 18, United States Code, Sections 2 and 1951.
COUNT EIGHTEEN
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
223. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
53
224. From in or about December 2009 through in or about March 2010, in the Middle
aided and abetted by others known and unknown to the Grand Jury, did knowingly attempt to
obstruct, delay, and affect commerce and the movement of articles and commodities in commerce
by extortion, as those terms are defined in Title 18, United States Code, Section 1951; that is, ROSS,
while serving as a member of the Alabama Senate, engaged in a course of conduct, whereby ROSS
solicited and, directly and through others, pressured GILLEY, MASSEY, and Lobbyist A, under the
color of official right, to consent to provide approximately $25,000 in campaign contributions for
All in violation of Title 18, United States Code, Sections 2 and 1951.
COUNT NINETEEN
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
225. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
226. On or about March 22, 2010, in the Middle District of Alabama and elsewhere,
defendant
LARRY P. MEANS,
aided and abetted by others known and unknown to the Grand Jury, did knowingly attempt to
obstruct, delay, and affect commerce and the movement of articles and commodities in commerce
by extortion, as those terms are defined in Title 18, United States Code, Section 1951; that is,
MEANS, while serving as a member of the Alabama Senate, engaged in a course of conduct,
54
whereby MEANS solicited and, directly and through others, pressured MCGREGOR, under the
color of official right, to consent to provide an unspecified amount of campaign contributions for
All in violation of Title 18, United States Code, Sections 2 and 1951.
COUNT TWENTY
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
227. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
228. From on or about March 23, 2010, through on or about March 25, 2010, in the
LARRY P. MEANS,
aided and abetted by others known and unknown to the Grand Jury, did knowingly attempt to
obstruct, delay, and affect commerce and the movement of articles and commodities in commerce
by extortion, as those terms are defined in Title 18, United States Code, Section 1951; that is,
MEANS, while serving as a member of the Alabama Senate, engaged in a course of conduct,
whereby MEANS solicited and, directly and through others, pressured GILLEY, MASSEY, and
Lobbyist A, under the color of official right, to consent to provide approximately $100,000 in
campaign contributions for the benefit of MEANS, which money was not due to MEANS.
All in violation of Title 18, United States Code, Sections 2 and 1951.
COUNT TWENTY-ONE
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
55
229. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
230. From in or about December 2009 through in or about March 2010, in the Middle
aided and abetted by others known and unknown to the Grand Jury, did knowingly obstruct, delay,
and affect commerce and the movement of articles and commodities in commerce by extortion, as
those terms are defined in Title 18, United States Code, Section 1951; that is, SMITH, while serving
as a member of the Alabama Senate, engaged in a course of conduct, whereby SMITH solicited and,
directly and through others, pressured GILLEY, under the color of official right, to consent to
provide at least $400,000 in campaign contributions for the benefit of SMITH, which money was
All in violation of Title 18, United States Code, Sections 2 and 1951.
COUNT TWENTY-TWO
(Extortion and Aiding and Abetting, 18 U.S.C. §§ 1951 & 2)
231. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
232. In or about March 2010, in the Middle District of Alabama and elsewhere, defendant
JAMES E. PREUITT,
aided and abetted by others known and unknown to the Grand Jury, did knowingly attempt to
obstruct, delay, and affect commerce and the movement of articles and commodities in commerce
by extortion, as those terms are defined in Title 18, United States Code, Section 1951; that is,
56
PREUITT, under color of official right, while serving as a member of the Alabama Senate, agreed
to accept at least $2,000,000 in campaign support and the services of prominent country music stars
for campaign purposes, among other things of value, from GILLEY, MASSEY, MCGREGOR,
COKER, WALKER, and Lobbyist A, which things of value were not due to PREUITT.
All in violation of Title 18, United States Code, Sections 2 and 1951.
The Scheme
233. The allegations contained in paragraphs 1 through 26 and 29 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
234. From in or about February 2009 through in or about August 2010, in the Middle
MILTON E. MCGREGOR,
RONALD E. GILLEY,
THOMAS E. COKER,
JARROD D. MASSEY,
LARRY P. MEANS,
JAMES E. PREUITT,
and
JOSEPH R. CROSBY,
along with Lobbyist A, aided and abetted by each other, and by others known and unknown to the
Grand Jury, knowingly devised and intended to devise a scheme and artifice to defraud and deprive
the State of Alabama, the Legislature, the Legislative Reference Service, and the citizens of
57
Alabama of their right to the honest services of elected members and employees of the Legislature
235. On or about the date of each Count listed below, in the Middle District of Alabama
PREUITT, ROSS, SMITH, WALKER, and CROSBY, along with Lobbyist A, aided and abetted by
each other, and by others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the above-described scheme and artifice to defraud and deprive, placed and
caused to be placed in a post office and an authorized depository for mail, to be sent and delivered
by the United States Postal Service and by a private and commercial interstate carrier, the following
58
All in violation of Title 18, United States Code, Sections 2, 1341, and 1346.
236. On or about the date of each Count listed below, in the Middle District of Alabama
PREUITT, ROSS, SMITH, WALKER, and CROSBY, along with Lobbyist A, aided and abetted by
each other, and by others known and unknown to the Grand Jury, for the purpose of executing and
attempting to execute the above-described scheme and artifice to defraud and deprive, transmitted
and caused to be transmitted by means of wire communication in interstate commerce, the following
59
All in violation of Title 18, United States Code, Sections 2, 1343, and 1346.
237. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
238. On or about the dates specified and in the approximate amounts identified as to each
aided and abetted by each other, and by others known and unknown to the Grand Jury, knowingly
conducted and attempted to conduct financial transactions, affecting interstate and foreign
commerce, which transactions involved the proceeds of specified unlawful activity, that is: (1)
GILLEY and others gave, offered, and agreed to give money and other things of value to Alabama
State legislators, including SMITH, as agents of the State of Alabama, with intent to influence and
reward the Alabama State legislators in connection with pro-gambling legislation, which was any
business, transaction, and series of transactions of Alabama involving anything of value of $5,000
or more; and (2) SMITH and other Alabama State legislators, as agents of the State of Alabama,
corruptly solicited, demanded, accepted and agreed to accept money and things of value from
GILLEY and others, intending to be influenced and rewarded in connection with pro-gambling
legislation, which was any business, transaction, and series of transactions of Alabama involving
60
anything of value of $5,000 or more, knowing the transactions were designed in whole and in part
to conceal and disguise the nature, location, source, ownership, and control of the proceeds of
specified unlawful activity and that while conducting and attempting to conduct such transactions,
knew that the property involved in the financial transactions represented the proceeds of some form
of unlawful activity.
All in violation of Title 18, United States Code, Sections 1956(a)(1)(B)(i) and 2.
COUNT THIRTY-EIGHT
(False Statement, 18 U.S.C. § 1001(a)(2))
239. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
240. On or about April 1, 2010, in the Middle District of Alabama, in a matter within the
jurisdiction of the executive branch of the Government of the United States, defendant
JAMES E. PREUITT
61
did knowingly and willfully make materially false, fictitious, and fraudulent statements and
representations, in that during the course of an interview by FBI agents conducting an official
investigation PREUITT stated that, during the 2010 Alabama legislative session, he was never
offered anything of value in exchange for his vote to pass pro-gambling legislation, and that he was
unaware of private individuals, lobbyists, or legislators being involved in the offer or acceptance of
things of value in exchange for votes to pass pro-gambling legislation, when, in truth and in fact, as
COUNT THIRTY-NINE
(Obstruction of Justice and Aiding and Abetting, 18 U.S.C. §§ 1512(c)(2) & 2)
241. The allegations contained in paragraphs 1 through 26 and 39 through 190 of this
Indictment are realleged and incorporated as though fully set forth herein.
242. From on or about February 16, 2010, through in or about August 2010, in the Middle
aided and abetted by others known and unknown to the Grand Jury, corruptly obstructed, influenced,
and impeded, and attempted to corruptly obstruct, influence, and impede an official proceeding, to
wit: defendant GEDDIE instructed an employee to alter a contribution ledger to reflect that two
contributions, totaling $5,000, made by GEDDIE and another employee to Legislator 3 were not
made on behalf of MCGREGOR as GEDDIE initially had indicated, but instead were made on
behalf of two other clients, when in fact GEDDIE knew that the contributions were made on behalf
of and at the direction of MCGREGOR and that the other two clients had no knowledge of and did
62
not authorize such contributions; and defendant GEDDIE caused to be produced to law enforcement
officials, in response to multiple grand jury subpoenas, originals as well as copies of the altered
contribution ledgers.
All in violation of Title 18, United States Code, Sections 2 and 1512(c)(2).
NOTICE OF FORFEITURE
243. The allegations contained in paragraphs 1 through 26, 39 through 190, 216, 220, and
238 of this Indictment are realleged and incorporated as though fully set forth herein.
244. Pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United
States Code, Section 2461(c), upon conviction of an offense in violation of Title 18, United States
Code, Section 666(a)(1)(B), as set forth in Count Fourteen of this Indictment, defendant
shall forfeit to the United States of America any property, real or personal, which constitutes or is
derived from proceeds traceable to the offense, including, but not limited to, a sum of money equal
245. Pursuant to Title 18, United States Code, Section 981(a)(1)(C), and Title 28, United
States Code, Section 2461(c), upon conviction of an offense in violation of Title 18, United States
shall forfeit to the United States of America any property, real or personal, which constitutes or is
derived from proceeds traceable to the offense, including, but not limited to, a sum of money equal
63
246. Pursuant to Title 18, United States Code, Section 982(a)(1), upon conviction of an
offense in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i), as set forth in Counts
RONALD E. GILLEY
and
HARRI ANNE H. SMITH
shall forfeit to the United States of America any property, real or personal, involved in such offense,
and any property traceable to such property. The property to be forfeited includes, but is not limited
247. If any of the property subject to forfeiture in paragraphs 244 through 246, as a result
(b) has been transferred or sold to, or deposited with, a third party;
(e) has been commingled with other property which cannot be divided
without difficulty;
the United States of America shall be entitled to forfeiture of substitute property pursuant to Title
21, United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section
All pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 982(a)(1), and Title
64
A TRUE BILL
Jack Smith
Chief, Public Integrity Section
__________________________
Peter J. Ainsworth
Senior Deputy Chief
Public Integrity Section
U.S. Department of Justice
1400 New York Ave.
Washington, DC 20005
202-514-1412
65