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<blockquote data-quote="JonFrum" data-source="post: 268667"><p><strong>FOR THE RECORD - Part 2</strong></p><p></p><p>- -Continued- -</p><p>This raises the question of why so much money was allegedly needed by the Campaign. In the summer of 1996, Ansara (who technically did not even work for the Campaign), Davis (who was not hired by the Campaign to raise funds but to prepare campaign materials and get them out), and Nash (wearing the hats of BOTH Campaign Director and Account Executive for the Carey Campaign Account at The November Group, which was employed by the Campaign) agreed that Nash should propose that the Campaign do a direct mailing to the 1.4 million IBT members. They agreed to raise $700,000 for this purpose with Nash to contribute $300,000 from the Campaign. </p><p></p><p><strong>What the Carey Trial Showed</strong> </p><p>The key witnesses to back the State's claims that Ron Carey lied were the same ones used by Conboy against Carey in his November 1997 ruling, i.e., Jere Nash, William Hamilton, and Monie Simpkins. But the prosecutors definitely encountered some big problems when they tried to make their case seem credible to a jury. </p><p></p><p><strong>Prosecution Problem No. 1: Jere Nash</strong> </p><p>Jere Nash, who has pleaded guilty to multiple felony charges since 1997, did not come to testify from prison. If he is to be believed, he has his own consulting firm doing public relations in Mississippi, just as he always did. He is not in prison because he pledged to cooperate fully with the Prosecution and provide "substantial" assistance in the prosecution of Ron Carey. If U.S. Prosecutors deem his assistance has been "substantial", they will write what's called "a 5K1 letter" to the judge who presided in his case, recommending leniency in punishment for the charges he pleaded guilty to. This was revealed to the jury by the Prosecution in the course of its examination of him on the witness stand, because jurors legally are supposed to be told of such plea-bargain arrangements. The Defense attorney, however, helped clarify just what kind of a person Jere Nash is during cross-examination by revealing that Nash had lied not once to the Prosecution but on many occasions. </p><p></p><p>As stated above, Nash pleaded guilty to the four felony counts in September 1997. He was allowed to remain free if he agreed to testify truthfully and commit no further crimes and cooperate fully with the Prosecution in return for a 5K1 letter. However, by 1998, the investigators had uncovered further embezzlement and lies by Nash. In 1999, he admitted he had lied, and he then pleaded guilty to more counts of embezzlement, mail fraud, and false statements. Nevertheless, the Prosecution again allowed him to remain free if he pleaded guilty, spoke truthfully, cooperated fully with the Prosecution, and committed no more crimes; and a 5K1 letter was again promised. Otherwise, he faced a 20-year sentence and a $1,250,000 fine. Any unbiased observer could realize he had a clear incentive to lie for the Prosecution and would have to consider Jere Nash an unreliable witness on the basis of this alone. But there's more. </p><p></p><p>Despite his criminal past and sleazy qualities, the prosecutors allowed Nash back out on the street and brought him to the witness stand because they needed to use him to try to get Carey. They needed him to substantiate a phony charge that Ron Carey was aware of the illegal schemes and had lied when he denied this. Nash had concocted several versions of how Carey could have learned about the schemes, but by the time of the trial, the Prosecution had evidently disposed of all but the following: that Ron knew of the schemes because they were included in a fundraising chart that Nash claimed he discussed with Ron on several occasions and faxed to him when he was on the road; and because Nash spoke to Carey about the schemes during a very brief telephone conversation "on October 16 or 17," 1996. </p><p></p><p>Unfortunately for the Prosecution, these two variants were no good either. The problem with the chart testimony is that throughout the investigation in 1997-98, Nash claimed he could not produce this chart because he had erased it from his computer. Nor was the Prosecution able to produce any of the alleged fax copies despite the fact that the Campaign had turned over all materials relating to its finances. In the spring of 1999, however, just when Nash's luck at avoiding prison was running out, when he had little choice but to confess a second time to having lied to prosecutors regarding additional instances of embezzlement of IBT and Campaign funds, Nash suddenly "found" this chart on a floppy disc he claims he failed somehow to turn over to investigators with all the other Campaign materials when the investigation began in 1997. One smelled a rat. </p><p></p><p><strong>There were big problems with his testimony about the telephone conversation too, because the phone records show that it never took place.</strong> He testified at the trial and to the EO in 1997 that he had taken his cell phone outside the Campaign office into the hall on "October 16 or 17" so that he could secure Ron's approval of an illegal contribution without being overheard. It was a short call, he said, of 15-20 seconds, in which he told Ron that if he approved a Citizen Action request, "it would help Martin Davis with the Campaign fundraising." Nash says Ron had responded "Hell, nobody ever told it to me that way," and that Ron had subsequently allegedly approved an even larger contribution to Citizen Action. </p><p><strong>The Defense, in cross-examination and in its summary, however, was able to prove on the basis of Nash's own cell phone records—nicely enlarged during summation so the jury could clearly see them—that no such call took place.</strong> The only call that could possibly have fit that time frame and description was not made from the Campaign headquarters but from a restaurant. The Defense proved this with Nash's credit card receipt from the restaurant showing the time and date, also nicely enlarged for the jury to see. Nash made the whole story up; the call never took place, the Prosecution knew it, and now the jury did too. </p><p></p><p>His testimony on many other issues throughout the investigation kept changing, was inconsistent, and contradicted itself as documents produced by the Defense during the trial established. For example, at the trial he testified that he had told Monie Simpkins about the scheme when he met with her. However, in other testimony, he had told investigators he had not met with her but only spoke with her on the phone. Moreover, it seemed that the Defense had uncovered two more instances where Nash cheated and lied that the Prosecution may not have known about: he double-billed for reimbursement of his personal expenses both the Campaign and The November Group and he appears to have cheated the IRS by not properly paying taxes on his December 1996 $50,000 bonus. </p><p></p><p>All this prevarication was on top of having secretly worked full-time for The November Group for $18,000 per month while the Campaign workers thought he was working full-time for the Campaign and was getting paid $2,500 per month to do so. Lastly, during redirect, when the Prosecutors questioned Nash again after the Defense cross-examined him, his own testimony substantiated Ron Carey's insistence that he did not know about the swap schemes: </p><p><strong>"Prosecution: Did you ever tell Ron Carey that individuals would be making deposits into the TCFU in exchange for the contributions to political organizations? </strong></p><p><strong>Jere Nash: No. </strong></p><p><strong>Prosecutor: Was Ron Carey involved in any way in the swap transaction? </strong></p><p><strong>Jere Nash: No Ma'am."</strong> </p><p>Despite days of coaching, the Prosecution ended up getting no "substantial assistance" against Ron Carey from Jere Nash. Doesn't look good for that 5KI letter. </p><p>- -Continued below- -</p></blockquote><p></p>
[QUOTE="JonFrum, post: 268667"] [b]FOR THE RECORD - Part 2[/b] - -Continued- - This raises the question of why so much money was allegedly needed by the Campaign. In the summer of 1996, Ansara (who technically did not even work for the Campaign), Davis (who was not hired by the Campaign to raise funds but to prepare campaign materials and get them out), and Nash (wearing the hats of BOTH Campaign Director and Account Executive for the Carey Campaign Account at The November Group, which was employed by the Campaign) agreed that Nash should propose that the Campaign do a direct mailing to the 1.4 million IBT members. They agreed to raise $700,000 for this purpose with Nash to contribute $300,000 from the Campaign. [b]What the Carey Trial Showed[/b] The key witnesses to back the State's claims that Ron Carey lied were the same ones used by Conboy against Carey in his November 1997 ruling, i.e., Jere Nash, William Hamilton, and Monie Simpkins. But the prosecutors definitely encountered some big problems when they tried to make their case seem credible to a jury. [b]Prosecution Problem No. 1: Jere Nash[/b] Jere Nash, who has pleaded guilty to multiple felony charges since 1997, did not come to testify from prison. If he is to be believed, he has his own consulting firm doing public relations in Mississippi, just as he always did. He is not in prison because he pledged to cooperate fully with the Prosecution and provide "substantial" assistance in the prosecution of Ron Carey. If U.S. Prosecutors deem his assistance has been "substantial", they will write what's called "a 5K1 letter" to the judge who presided in his case, recommending leniency in punishment for the charges he pleaded guilty to. This was revealed to the jury by the Prosecution in the course of its examination of him on the witness stand, because jurors legally are supposed to be told of such plea-bargain arrangements. The Defense attorney, however, helped clarify just what kind of a person Jere Nash is during cross-examination by revealing that Nash had lied not once to the Prosecution but on many occasions. As stated above, Nash pleaded guilty to the four felony counts in September 1997. He was allowed to remain free if he agreed to testify truthfully and commit no further crimes and cooperate fully with the Prosecution in return for a 5K1 letter. However, by 1998, the investigators had uncovered further embezzlement and lies by Nash. In 1999, he admitted he had lied, and he then pleaded guilty to more counts of embezzlement, mail fraud, and false statements. Nevertheless, the Prosecution again allowed him to remain free if he pleaded guilty, spoke truthfully, cooperated fully with the Prosecution, and committed no more crimes; and a 5K1 letter was again promised. Otherwise, he faced a 20-year sentence and a $1,250,000 fine. Any unbiased observer could realize he had a clear incentive to lie for the Prosecution and would have to consider Jere Nash an unreliable witness on the basis of this alone. But there's more. Despite his criminal past and sleazy qualities, the prosecutors allowed Nash back out on the street and brought him to the witness stand because they needed to use him to try to get Carey. They needed him to substantiate a phony charge that Ron Carey was aware of the illegal schemes and had lied when he denied this. Nash had concocted several versions of how Carey could have learned about the schemes, but by the time of the trial, the Prosecution had evidently disposed of all but the following: that Ron knew of the schemes because they were included in a fundraising chart that Nash claimed he discussed with Ron on several occasions and faxed to him when he was on the road; and because Nash spoke to Carey about the schemes during a very brief telephone conversation "on October 16 or 17," 1996. Unfortunately for the Prosecution, these two variants were no good either. The problem with the chart testimony is that throughout the investigation in 1997-98, Nash claimed he could not produce this chart because he had erased it from his computer. Nor was the Prosecution able to produce any of the alleged fax copies despite the fact that the Campaign had turned over all materials relating to its finances. In the spring of 1999, however, just when Nash's luck at avoiding prison was running out, when he had little choice but to confess a second time to having lied to prosecutors regarding additional instances of embezzlement of IBT and Campaign funds, Nash suddenly "found" this chart on a floppy disc he claims he failed somehow to turn over to investigators with all the other Campaign materials when the investigation began in 1997. One smelled a rat. [b]There were big problems with his testimony about the telephone conversation too, because the phone records show that it never took place.[/b] He testified at the trial and to the EO in 1997 that he had taken his cell phone outside the Campaign office into the hall on "October 16 or 17" so that he could secure Ron's approval of an illegal contribution without being overheard. It was a short call, he said, of 15-20 seconds, in which he told Ron that if he approved a Citizen Action request, "it would help Martin Davis with the Campaign fundraising." Nash says Ron had responded "Hell, nobody ever told it to me that way," and that Ron had subsequently allegedly approved an even larger contribution to Citizen Action. [b]The Defense, in cross-examination and in its summary, however, was able to prove on the basis of Nash's own cell phone records—nicely enlarged during summation so the jury could clearly see them—that no such call took place.[/b] The only call that could possibly have fit that time frame and description was not made from the Campaign headquarters but from a restaurant. The Defense proved this with Nash's credit card receipt from the restaurant showing the time and date, also nicely enlarged for the jury to see. Nash made the whole story up; the call never took place, the Prosecution knew it, and now the jury did too. His testimony on many other issues throughout the investigation kept changing, was inconsistent, and contradicted itself as documents produced by the Defense during the trial established. For example, at the trial he testified that he had told Monie Simpkins about the scheme when he met with her. However, in other testimony, he had told investigators he had not met with her but only spoke with her on the phone. Moreover, it seemed that the Defense had uncovered two more instances where Nash cheated and lied that the Prosecution may not have known about: he double-billed for reimbursement of his personal expenses both the Campaign and The November Group and he appears to have cheated the IRS by not properly paying taxes on his December 1996 $50,000 bonus. All this prevarication was on top of having secretly worked full-time for The November Group for $18,000 per month while the Campaign workers thought he was working full-time for the Campaign and was getting paid $2,500 per month to do so. Lastly, during redirect, when the Prosecutors questioned Nash again after the Defense cross-examined him, his own testimony substantiated Ron Carey's insistence that he did not know about the swap schemes: [b]"Prosecution: Did you ever tell Ron Carey that individuals would be making deposits into the TCFU in exchange for the contributions to political organizations? Jere Nash: No. Prosecutor: Was Ron Carey involved in any way in the swap transaction? Jere Nash: No Ma'am."[/b] Despite days of coaching, the Prosecution ended up getting no "substantial assistance" against Ron Carey from Jere Nash. Doesn't look good for that 5KI letter. - -Continued below- - [/QUOTE]
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