Kathy E <[EMAIL PROTECTED]> writes:
This agreement allowed former Arkansas governor Jim Guy Tucker to
protect himself against further prosecution by independent counsel
Kenneth Starr in return for a guilty plea to charges of defrauding the
federal government by filing misleading bankruptcy papers. In return for
the two dropped counts, the February 20, 1998 plea required that Tucker
cooperate with Starr's Whitewater investigation and potentially to
testify at trial for Starr. Since the plea, Tucker has appeared before
Starr's Little Rock grand jury to give testimony, presumably about his
knowledge of Arkansas land deals in which Tucker was involved and which
may have included involvement by President Clinton or Hillary Rodham
Clinton.
Tucker said he agreed to the plea in order to save himself a prison
term, which he said would have been a "death sentence" due to his ailing
health. He will likely receive probation instead and will have to pay
some back taxes.
==========
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED STATES OF AMERICA
V.
No. LR-CR-95-117
JIM GUY TUCKER
PLEA AGREEMENT
This Plea Agreement between the United States, by and through the
Independent Counsel, KENNETH W. STARR, and his undersigned associates,
and the Defendant, JIM GUY TUCKER and his attorneys, William H. Sutton
and George D. Collins, is made pursuant to Rule 11(e)(1)(C) of the
Federal Rules of Criminal Procedure.
This Plea Agreement is entirely voluntary and represents the entire
agreement between the United States and the Defendant regarding the
Defendant's criminal liability in case No. LR-CR-95-117.
This Plea Agreement resolves all of the Defendant's criminal liability
involving those events set forth in the Indictment, including all
criminal charges of conspiring to defraud the United States as set forth
in Count Three. Nothing herein shall limit or in any way waive or
release any civil claim, demand or cause of action, whatsoever, of the
United States or its agencies relating to the conduct of the Defendant
set forth in the Indictment in this case. This Agreement is limited to
matters within the jurisdiction of the Independent Counsel, and cannot
bind other federal, state, or local prosecuting, administrative, or
regulatory authorities except as expressly set forth in this Agreement.
Upon the entry of the guilty plea to Count Three of this Indictment, the
United States agrees that there will be no further federal criminal
charges brought against the Defendant, JIM GUY TUCKER, provided he
complies with all the conditions set forth in this agreement.
Further, the United States agrees in the event Mr. Tucker's conviction
in the first case, U.S. v. McDougal, Tucker & McDougal, Case No.
LR-CR-95-173, is reversed on appeal, there will be no retrial as to Mr.
Tucker.
The United States and the Defendant, JIM GUY TUCKER, and his attorneys,
William H. Sutton and George B. Collins, agree upon the following:
1. The Defendant will enter a plea of guilty to Count Three of the
Indictment in this case. Upon sentencing of the Defendant an Count
Three of the Indictment, the United States will move to dismiss Counts
One and Two of the Indictment.
2. The Defendant will plead guilty because he is in fact guilty of
the charge contained in Count Three of the Indictment.
3. The Defendant understands that Count Three of the Indictment to
which he will plead guilty carries a maximum statutory penalty of five
years imprisonment; a fine of $250,000.00, or an alternative fine based
on gain or loss; three years of supervised release; and any restitution
ordered by the Court.
4. The Defendant agrees to fully and completely cooperate with the
United States and provide complete, accurate and truthful information
and testimony as to any matter within the jurisdiction of the Office of
the Independent Counsel before any trial jury or grand jury if called as
a witness before su@h tribunal. The Defendant will provide this
cooperation on a continuing basis for as long a time as it may be
needed, and his continuing cooperation is required for his compliance
with the Agreement. The Defendant will neither attempt to protect any
person or entity through false information or omission, nor falsely
implicate any person or entity. The Defendant will, at all times, tell
the truth in any interviews, or as a witness, regardless of who asks the
questions. The Defendant understands that a failure to provide complete
and truthful information and testimony would be a breach of this Plea
Agreement and that a false statement under oath would subject him to
prosecution for perjury.
5. The Defendant agrees to continue to provide truthful information
and will provide full and complete cooperation, as set forth in
paragraph 4 above. It is anticipated that such cooperation by the
Defendant may include testifying truthfully in any trial of his
co-defendant in this case. It is further anticipated that the value of
said cooperation, not only as to this case but also as to other
matters within the Independent Counsel's jurisdiction, will
constitute substantial assistance to the United States. In that event,
the United States will move pursuant to Section 5K.1.1 for a downward
departure from the Sentencing Guidelines to the extent set forth in
paragraph 8 of this Agreement.
6. In the event the Defendant JIM GUY TUCKER does not complete his
cooperation as described herein, the United States shall have the right
to terminate this Agreement and to re-instate all Counts of the
Indictment in LR-CR-95-117, and Defendant JIM GUY TUCKER shall and does
hereby waive any claim under any statute of limitations to the continued
prosecution of LR-CR-95-117.
7. The Defendant understands and agrees that should he violate this
Agreement or any provision thereof, or withdraw his guilty plea that any
statements by him made during interviews with Government agents and plea
negotiations shall be admissible for impeachment purposes should he
later testify, at his criminal trial on this Indictment, but not
otherwise.
8. The Defendant agrees to cooperate with the Internal Revenue
Service to ascertain and collect any and all income tax liabilities for
1988, and will undertake to pay all appropriate taxes, interest and
penalties determined to be due and owing the Internal Revenue Service.
The Defendant further agrees to provide to the United States and the
United States Probation Office a complete financial disclosure, and
further agrees not to assert the bar of the statute of limitations
against the assessment and collection of any income tax liabilities for
the years 1988. Nothing in this Agreement shall limit the Internal
Revenue Service in its assessment and collection of said taxes,
interest, or penalties from the Defendant.
9. Pursuant to Federal Rule of Criminal Procedure ii(e)(1)(C), it is
agreed by the United States, and by the Defendant, and his attorneys,
that upon the entry of a plea of guilty to Count Three of the
Indictment, the following sentence is the appropriate disposition in
this case as to the Defendant:
a. The Defendant shall be placed on probation for a term to be
determined by the Court. In view of the fact that the defendant has
just completed a period of 18 months home detention in Case No.
LR-CR-95-173, there shall be no additional home confinement.
b. The Defendant shall be subject to such fine as may be imposed by
the Court, in accordance with the Sentencing Guidelines with a payment
schedule to be determined by the United States Probation Office; and
C. The Defendant shall be ordered to pay restitution in an amount
consistent with paragraph d. below.
d. The Defendant understands and agrees that the Court shall impose
an Order of Restitution based on the loss sustained by the United States
as a result of the offense to which the Defendant has agreed to plead
guilty. The United States and the Defendant agree that Defendant should
not be liable for payment of the full amount of loss sustained by the
United States, but that he should be liable for an appropriate portion
of such loss. In accordance with 18 U.S.C §§ 3663, 3664(h) and U.S.S.G.
Section 5El.l, the parties agree that such appropriate portion, to be
determined by the Court, will reflect Defendant's level of contribution
to the Government's loss of tax revenue pursuant to Count Three of the
Indictment and the economic circumstances of the Defendant. Such
appropriate portion, however, will not exceed the tax benefit gained by
the Defendant as a result of the offense contained in Count Three of
the Indictment.
10. The Defendant understands that in accordance with Title 18, U.S.C.
§ 3013, upon entry of judgment of conviction for Count Three, the
Defendant will be assessed $50.00, in addition to any other penalty
imposed.
11. The Defendant may travel during the period of his probation in
connection with his business out of the Eastern District of Arkansas,
including travel to foreign countries.
12. Sentencing in this matter will be scheduled in accordance with the
normal timing of dispositions in criminal cases in this District.
13. The United States agrees that the Defendant's present bond
arrangements should be continued pending sentencing.
14. If the Court refuses to accept this Plea Agreement and the
Defendant's plea of guilty to Count Three of the Indictment, this
Agreement shall become null and void and neither party will be bound
hereto. The parties agree that in such event all statements made by the
Defendant, in conjunction with the negotiations of this Agreement, or
during his cooperation with the United States as set forth in paragraph
4 above will be inadmissible against the Defendant in any subsequent
criminal, civil or administrative proceeding, including for impeachment
purposes.
15. The Defendant acknowledges that he has read this Agreement and
carefully reviewed each provision with his attorneys. The Defendant
further acknowledges that he fully understands and voluntarily accepts
each and every term and condition of this Agreement.
AGREED THIS DATE: February 20, 1998
KENNETH W. STARR
Independent Counsel
By:
W. Hickman Ewing, Jr. JIM GUY TUCKER
Deputy Independent Counsel Defendant
Thomas W. Dawson William H. Suttorf
Associate Independent Counsel Attorney for Defendant
Mark Barrett George B. Collins
Associate Independent Counsel Attorney for Defendant
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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