U.S. v. Safavian
| Decision Date | 12 September 2006 |
| Docket Number | Criminal No. 05-0370 (PLF). |
| Parties | UNITED STATES of America, v. David Hossein SAFAVIAN, Defendant. |
| Court | U.S. District Court — District of Columbia |
This matter is before the Court on defendant David Safavian's motion for judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure and his motion for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. The Court heard oral argument on these motions on August 24, 2006. Upon consideration of the motions, oppositions, replies, and arguments of the parties, the Court concludes that both motions must be denied.
From May 16, 2002 until January 2004, David Safavian was the Chief of Staff for the Administrator of the General Services Administration ("GSA"). On August 3, 2002, the defendant, lobbyist Jack Abramoff, and seven other individuals, including a member of the United States House of Representatives, members of the Representative's staff, and other lobbyists employed at the same law firm as Jack Abramoff, flew by private jet to Scotland to play golf at St. Andrew's golf course. Mr. Safavian, Mr. Abramoff, and the others continued on to London, England. Mr. Safavian and Mr. Abramoff eventually returned to the United States by private jet on August 11, 2002.
Prior to going on the golfing trip, in July 2002, Mr. Safavian sought and received an ethics opinion from a GSA ethics officer regarding whether he could participate in the trip. Both the GSA Office of the Inspector General ("GSA-OIG") and the Senate Committee on Indian Affairs subsequently conducted investigations into the Scotland trip. The GSA-OIG's investigation was opened in March 2003 after the receipt of an anonymous tip. On February 22, 2004, the Washington Post published the first of a series of articles about Mr. Abramoff's dealings with several Indian tribes, triggering the Senate Committee's investigation. In the course of each of these investigations, Mr. Safavian was questioned about his involvement in the trip. He responded to each of the inquiries both orally and by providing documents. Mr. Safavian also wrote a letter accompanying the documents he provided to the Senate.
A grand jury thereafter returned a five count indictment against Mr. Safavian, charging him with three counts of making false statements or acts of concealment under 18 U.S.C. § 1001(a)(1) and two counts of obstruction under 18 U.S.C. § 1505. Specifically, Count One of the indictment alleged that the defendant obstructed the GSA-OIG investigation, in violation of 18 U.S.C. § 1505; Count Two alleged that he made a false statement and committed acts of concealment in connection with seeking the GSA ethics opinion prior to the trip, in violation of 18 U.S.C. § 1001(a)(1); Count Three alleged that he made a false statement and committed acts of concealment in the course of the GSOIG investigation, in violation of 18 U.S.C. § 1001(a)(1); Count Four alleged that he obstructed the Senate Committee investigation, in violation of 18 U.S.C. § 1505; and Count Five alleged that he made a false statement, committed acts of concealment, and provided false documentation in the course of the Senate Committee investigation, in violation of 18 U.S.C. § 1001(a)(1).
Mr. Safavian's trial before this Court began on May 22, 2006. On June 20, 2006, the jury returned a verdict finding him guilty on Count One, which alleged that he had obstructed "the official investigation being conducted by the GSA-OIG into [Mr.] Safavian's participation in an `international golfing trip provided by lobbyists.'" Amended Indictment ¶ 27; see also Verdict Form at 1. The jury acquitted Mr. Safavian on Count Four, which alleged that he had obstructed "the inquiry by Senator John McCain as Chairman of the Senate Committee on Indian Affairs, into allegations of misconduct by lobbyists for Native American tribes." Amended Indictment ¶ 38; see also Verdict Form at 3. Mr. Safavian was found guilty on all three counts of false statements under 18 U.S.C. § 1001(a)(1). See Verdict Form at 2-4.
Because each of the false statement/concealment counts under 18 U.S.C. § 1001(a)(1) alleged multiple false statements or acts of concealment, the Court used a special verdict form over the objection of the defendant. With respect to Count Two, the jury found that Mr. Safavian had both "concealed his assistance to Mr. Abramoff in GSA-related activities" and that he had "falsely stated to the GSA ethics officer that Mr. Abramoff did all his work on Capitol Hill, when in truth and fact, Mr. Safavian well knew, prior to the August 2002 Scotland trip that Mr. Abramoff was seeking to lease or purchase GSA-controlled property." Verdict Form at 2; see also Amended Indictment ¶ 29. With respect to Count Three, the jury found that Mr. Safavian had "concealed his assistance to Mr. Abramoff in GSA-related activities." Verdict Form at 3; see also Amended Indictment ¶ 31. With respect to Count Five, the jury found that Mr. Safavian had "falsely stated in a letter to the Committee that Mr. Abramoff did not have any business with GSA at the time Mr. Safavian was invited on the trip to Scotland, when in truth and fact, Mr. Safavian well knew, prior to the August 2002 Scotland trip that Mr. Abramoff was seeking to lease or purchase GSA-controlled property." Verdict Form at 4; see also Amended Indictment ¶ 40.
The defendant moved for judgment of acquittal on all counts pursuant to Rule 29 of the Federal Rules of Criminal Procedure at the close of the government's case. At that time, the Court reserved ruling on the motion. At the close of the defendant's case, the Court ruled in part on the defendant's Rule 29 motion, finding that there was not sufficient evidence to support the allegation in Count Two of the indictment that the defendant had falsely stated to the GSA that Jack Abramoff "did not have any business with and was not seeking to do business with GSA." That portion of Count Two was stricken from the indictment after the close of the defendant's case and prior to jury instructions and closing arguments. The jury was given an amended indictment to reflect that change. Defendant now renews his Rule 29 motion with respect to the four counts on which the jury found him guilty.
In ruling on a motion for judgment of acquittal, the Court must "consider[ ] the evidence in the light most favorable to the government and determin[e] whether, so read, it is sufficient to permit a rational trier of fact to find all of the essential elements of the crime beyond a reasonable doubt." United States v. Kayode, 254 F.3d 204, 212-13 (D.C.Cir.2001) (quoting United States v. Harrington, 108 F.3d 1460, 1464 (D.C.Cir.1997)). In so doing, the Court must "accord[ ] the government the benefit of all legitimate inferences." United States v. Weisz, 718 F.2d 413, 437 (D.C.Cir.1983) (citations omitted). The question is whether the evidence is sufficient for a rational juror to have found the defendant guilty. See United States v. Kayode, 254 F.3d at 212-13; United States v. Harrington, 108 F.3d at 1464. Put another way, the Court may only grant a motion for judgment of acquittal where "a reasonable juror must necessarily have had a reasonable doubt as to the defendants' guilt." United States v. Weisz, 718 F.2d at 437 (emphasis in original) (citations omitted).
Defendant argues that the Court must set aside the jury's verdict on all four counts because he did not receive adequate notice of his right not to speak and the potential criminal implications of making false statements if he did choose to speak, thereby violating his Fifth Amendment due process rights. See Defendant David H. Safavian's Motion for a Judgment of Acquittal ("Def.MJA") at 11-17. The government responds that this argument should have been made before trial in a motion to suppress the defendant's statements pursuant to Rule 12(b)(3) of the Federal Rules of Criminal Procedure, and it therefore is waived under Rule 12(e). See Government's Opposition to Defendant's Motion for Acquittal ("Gov't Opp. to MJA") at 3-4. The government further argues that even if the Court were to consider this new argument, it fails on the merits. See id. at 4-5. The Court agrees with the government.
The proper remedy for a due process violation under the Fifth. Amendment would have been for the defendant to move to suppress his various statements to the government officials with whom he spoke. Mr. Safavian was well aware of what statements he was alleged to have made to GSA ethics officers, a GSA-OIG agent, and a Senate Committee investigator, as they were charged in the indictment itself. He did not at any time prior to trial move to suppress these statements on the ground that his constitutional rights had been violated. During the direct examination of the defendant at trial, defense counsel attempted to explore the issue of whether Agent Rowe gave any warnings to Mr. Safavian prior to interviewing him. 6/2/06 (p.m.) Tr. 29:12-14. The government objected and counsel argued the issue at a bench conference. Id. 29:15-31:11. During that bench conference, defense counsel did not indicate that she was seeking to suppress particular statements at that point in the trial, but rather wished to explore the issue of warnings before the jury. The Court sustained the government's objection, as this issue was a legal matter clearly outside the purview of the jury as factfinder and could only have been prejudicial to the government. The defendant has not, ever moved to suppress the statements he made to the GSA ethics officers, to the GSA-OIG agent, or to the ...
To continue reading
Request your trial
-
U.S. v. Safavian
...multiplicity argument, the various counts constituted different impairments of different government functions. United States v. Safavian, 451 F.Supp.2d 232, 242-44 (D.D.C.2006). 2. § Finally, Section 3D1.2(d) directs the Court to group those counts listed in that part (including those offen......
-
U.S. v. Safavian
...convicted. After oral argument, the Court denied the motion in its entirety by opinion of September 12, 2006. See United States v. Safavian, 451 F.Supp.2d 232 (D.D.C.2006). The Court sentenced the defendant to a period of eighteen months in prison, see Judgment and Commitment, Dkt. No. 147 ......
-
U.S. v. Safavian
...on the trip to Scotland" (Specification C). Safavian moved for a judgment of acquittal on all four counts. See United States v. Safavian, 451 F.Supp.2d 232, 238 (D.D.C.2006). His motion set forth several arguments that he renews on appeal. Safavian contended that Specification A of Count 2 ......
-
United States v. Malago
...the basis for a false statement prosecution." Damrah, 334 F. Supp. 2 at 972 (citing Manapat, 928 F.2d 109); see also U.S. v. Safavian, 451 F. Supp. 2d 232, 248 (D.D.C. 2006)("A defendant cannot as a matter of law be convicted of a false statement on the basis of an answer to a question if t......
-
Obstruction of justice.
...does not affect obstruction charge). (131.) Poindexter, 951 F.2d at 379. (132.) [section] 1515(b); see also United States v. Safavian, 451 F. Supp. 2d 232, 247 (D.D.C. 2006), rev'd on other grounds, 528 F.3d 957 (D.C. Cir. 2008) (explaining that [section] 1515(b) was enacted to cure vaguene......
-
OBSTRUCTION OF JUSTICE
...Congress enacted § 1515(b) to further define the term. See 951 F.2d 369, 379 (D.C. Cir. 1991); United States v. Safavian, 451 F. Supp. 2d 232, 246–47 (D.D. C. 2006), rev’d on other grounds, 528 F.3d 957 (D.C. Cir. 2008) (explaining that § 1515(b) was enacted to cure the vagueness problems ......
-
Obstruction of justice.
...as a result Congress enacted a statute to further define "corruptly." [section] 1515(b). See also United States v. Safavian, 451 F. Supp. 2d 232, 247 (D.D.C. 2006) (explaining that [section] 1515(b) was enacted to cure vagueness problems identified in Poindexter). The Omnibus Clause also wi......
-
Obstruction of justice
...Congress enacted § 1515(b) to further define the term . See 951 F.2d 369, 379 (D.C. Cir. 1991); United States v. Safavian, 451 F. Supp. 2d 232, 246–47 (D.D.C. 2006) (explaining that § 1515(b) was enacted to cure the vagueness problems identified in Poindexter ), rev’d on other grounds , 5......