Ted Kennedy brother-in-law wins 5th Circuit court victory overturning Bank Fraud Charges and it’s a familiar duo on the Panel
Take a look at his picture, does he look like he’s suffering from a stroke and unable to speak?
May 27, 2016
Reggie is the son of the late Crowley City Court Judge Edmund Reggie and a brother-in-law of the late U.S. Sen. Ted Kennedy. Reggie worked on the campaigns of President Bill Clinton and other high-profile Democrats. Edmund Reggie headed John F. Kennedy’s presidential campaign in Louisiana and was Gov. Edwin Edwards’ executive counsel during Edwards’ second term in office.
A politically connected Louisiana media consultant who’s a brother-in-law of the late Senator Edward Kennedy scored a unusual legal victory Friday, prevailing in an appeal seeking to withdraw five guilty pleas offered in a fraud case in 2014.
A panel of the 5th Circuit U.S. Court of Appeals voted, 2-1, to allow Ray Reggie to withdraw the pleas he said he offered under duress because he was recovering from a stroke. Reggie submitted the pleas after being denied a request for a trial continuance on account of his medical issues.
5th Circuit Judge Catharina Haynes said U.S. District Court Judge Shelly Dick failed to explore whether Reggie’s guilty pleas were voluntary and ignored other important aspects of the traditional plea procedure.
“The court acknowledged that Reggie was having difficulty speaking and that his speech was slow. It then went through a plea colloquy with Reggie. However, the court failed to specifically ask Reggie about the voluntariness of his plea. It also did not inform Reggie about his right to counsel, his privilege against self-incrimination, his right to testify and present evidence at trial, and his right to compel the attendance of witnesses” Haynes wrote in an opinion joined by Judge Leslie Southwick.
Reggie is currently serving the 11-year sentence Dick imposed in the case, involving alleged fraud in placing advertisements for an auto dealership. He’s currently in a Fort Worth, Texas prison, but could be released soon if the appeals court ruling remains in place.
The majority opinion quoted a portion of the plea proceeding where Reggie appeared confused and offered somewhat garbled answers to basic questions.
“In this fraud case involving advertising expenses (where numbers are important), Reggie’s inability to communicate effectively as a result of his stroke was made apparent during his plea hearing,” Haynes added. “When asked what the current date was, Reggie responded ‘October, two seven;’ when asked what year it was, he responded ‘one four’; when asked how old he was, Reggie responded ‘five three’; and when asked what year he was born, Reggie stated ‘six one.’ When the district court inquired as to whether Reggie was able to attend to his own finances, Reggie, a college-educated man, responded with ‘I only have my left-hand to push.'”
The majority also suggested it was possible Dick might have inappropriately pressured Reggie to plead guilty.
5th Circuit Judge Carolyn King dissented, writing that the majority exaggerated the import of “a few awkward statements” by Reggie and that the appeals court should have deferred to Dick’s conclusion that the plea was voluntary.
“The medical evidence that the court did have about Reggie’s condition showed ‘only minimal restrictions [on his] daily activities,'” King wrote. “Reggie’s answers did not demonstrate that he was pleading involuntarily or that he was unable to comprehend or testify at the proceeding. Reggie answered questions regarding his background, explained the charges against him, responded negatively when asked if his medications interfered with his ability to understand the proceedings, and responded affirmatively when asked if he could manage his financial affairs.”
“I would conclude that the district court’s failure to specifically ask Reggie in haec verba [in precisely those words] about voluntariness was harmless,” King added.
If the government chooses not to try to appeal the decision to an en banc panel of the 5th Circuit or the Supreme Court, Reggie’s convictions and sentence will be overturned and the case will be returned to the district court for trial or a new plea.
In the late 1990s, Reggie was close to President Bill Clinton, First Lady Hillary Clinton and Vice President Al Gore. The consultant, who is a brother of Kennedy’s second wife Victoria Reggie Kennedy, also served as a major fundraiser for Gore’s presidential bid in 2000.
Reggie slipped into the world of scandal in the last decade, when he came under investigation for an unrelated case of bank fraud and agreed to work as an informant for the FBI. He eventually wore a wire in conversations with several political operatives, including the national finance director of Hillary Clinton’s 2000 Senate bid, David Rosen.
Rosen was indicted in 2003 on charges that he caused the filing of false campaign finance reports by dramatically understating the expenses and in-kind contributions for a Hollywood gala fundraiser benefiting Clinton’s Senate campaign. Appearing as a prosecution witness at Rosen’s trial, Reggie testified that Rosen was aware of massive last-minute expenses for the gala. However, a jury acquitted Rosen on all counts.
Because of his cooperation with the feds, Reggie received a relatively light one-year sentence on the bank fraud case a decade ago.
Reggie is just one of four individuals who helped organize the 2000 gala who either had felony records at the time of the event or would later be convicted of felonies for acts they committed prior to the gala.
Haynes and Southwick are appointees of President George W. Bush. King is an appointee of President Jimmy Carter. Dick was appointed by President Barack Obama.
Circuit Panel Comprises; Judge Rhesa Hawkins Barksdale, Judge Leslie H Southwick, and Judge Catharina Haynes
BARKSDALE
SOUTHWICK
HAYNES
Raymond Reggie, politically connected Mandeville businessman, pleads guilty to federal fraud charge
APR 23, 2019 – 4:00 PM
Once accused in a multicount $1.2 million fraud and money-laundering scheme, politically connected Mandeville businessman Raymond Reggie pleaded guilty Tuesday in Baton Rouge federal court to a single wire fraud count that alleges just over $14,000 in fraudulent conduct.
The long-running case involved Reggie billing a group of south Louisiana automobile dealerships — Super Chevy Dealers of Baton Rouge and Slidell-based Supreme Automotive Group — for advertising purchases he never made.
Reggie, who was scheduled to stand trial next week, previously pleaded guilty in the same case in 2014 to five counts of mail fraud and was later sentenced by U.S. District Judge Shelly Dick to more than 11 years in prison and ordered to make $1.2 million in restitution.
But a New Orleans federal appeals court tossed out the plea and sentence in 2016 because Reggie argued he was impaired by a stroke when he entered his guilty plea. Dick recused herself after that ruling.
Reggie’s plea Tuesday makes him a two-time convicted felon. He pleaded guilty in 2005 and was sentenced to a year in prison for bank frauds in the New Orleans area.
U.S. District Judge John deGravelles did not set a sentencing date Tuesday, but a plea agreement with prosecutors calls for the 57-year-old Reggie to be put on supervised release for three years, with the first two years of that to be home detention. The judge could reject the agreement, which would allow Reggie to withdraw his guilty plea.
Assistant U.S. Attorney Rene Salomon told the judge that Reggie faces up to 20 years in federal prison, but the time Reggie already served following his prior guilty plea in the case — nearly a year — is an appropriate sentence.
“We’re just glad to get this over with. Ray just wants to move on with his life,” his attorney, John McLindon, said outside the federal courthouse. Reggie was indicted in the case back in 2013.
He already has paid $82,000 in restitution as part of the plea agreement. The restitution represents the amount of fraud alleged in the five wire fraud counts contained in a superseding indictment, even though he pleaded guilty to only one of those counts. The superseding indictment did not include the money-laundering counts that were contained in the original indictment.
Reggie was accused of billing Super Chevy Dealers of Baton Rouge and Supreme Automotive Group more than $1.2 million for advertising purchases he never made as a media consultant between 2008 and 2012.
Reggie stated previously in court that he had a “nontraditional pay arrangement” with the dealerships and didn’t steal anything from them, saying he was “100 percent not guilty.”
At the 2015 sentencing in the case, Salomon called Reggie a “serial fraudster” and “flim-flam con artist.”
Reggie is the son of the late Crowley City Court Judge Edmund Reggie and a brother-in-law of the late U.S. Sen. Ted Kennedy. Reggie worked on the campaigns of President Bill Clinton and other high-profile Democrats. Edmund Reggie headed John F. Kennedy’s presidential campaign in Louisiana and was Gov. Edwin Edwards’ executive counsel during Edwards’ second term in office.
The elder Reggie was convicted in the latter part of his life of misapplying funds of the now-closed Acadia Savings & Loan of Crowley, a bank he founded in the late 1950s.
“The very different allegation that the judge failed to recuse for illicit reasons—i.e., not that the judge erred in not recusing, but that the judge knew he should recuse but deliberately failed to do so for illicit purposes—is not merits related.”https://t.co/Mb3MCepmua pic.twitter.com/BAHi8Sbyl4
— LawsInTexas (@lawsintexasusa) May 11, 2020
A Kennedy Relative Acted as Informant in Democrat Circles
A New Orleans political consultant who is Senator Kennedy’s brother-in-law, Raymond Reggie, has been operating in Democratic circles for the last three years as an undercover informant for the FBI, sources close to the matter said yesterday.
At a federal court hearing yesterday morning, Reggie, 43, who organized fund-raisers for President and Mrs. Clinton, pleaded guilty to two felony charges, bank fraud and conspiracy. Prosecutors described check-kiting and loan fraud schemes he operated involving three Louisiana banks, but they did not publicly detail his cooperation with the government.
The New York Sun reported yesterday that an unnamed witness with ties to a prominent political figure has been involved in recent federal investigations of campaign fund-raising violations, including a probe into alleged financial misreporting in Mrs. Clinton’s bid for the Senate in 2000. The informant, described in court papers only as a “confidential witness,” was part of an FBI plan to secretly audiotape conversations with political operatives, including a well-known person who prosecutors said was seeking to funnel donations from foreigners to federal campaigns.
Several people with knowledge of the case identified Reggie as the informant described in the Sun article.
In a brief interview, the first assistant U.S. Attorney in New Orleans, Jan Mann, said of the Sun story, “I wasn’t sure if anybody made any of these connections yet or not.” She declined to describe the investigations in which Reggie helped the government. “We’re not handling anything outside of the case on Ray Reggie, so it certainly wouldn’t be in my realm to talk about anything else,” she said.
Reggie’s lawyer, Michael Ellis, declined to comment for this article.
The disclosure that Reggie was surreptitiously recording conversations for the FBI may have caused some heartburn yesterday for Democrats who have had contact with him since 2002.
Reggie was a regular presence at Mr. Clinton’s side when he visited New Orleans during his presidency and thereafter. Just last September, Mr. Clinton had lunch in that city with Reggie, as the former president swung through town to sign his autobiography and attend a $10,000-a-head Democratic Party fund-raiser, the Times-Picayune newspaper reported. A former congresswoman and ambassador to the Vatican, Lindy Boggs, joined Reggie and Mr. Clinton at the lunch, as did two federal judges whom Mr. Clinton appointed.
When Mrs. Clinton traveled to New Orleans in May 2000 to raise $100,000 for her Senate campaign, Reggie was on the host committee.
An attorney for the Clintons, David Kendall, had no immediate response yesterday to questions about Reggie’s role in Mrs. Clinton’s Senate campaign or about the possibility that Reggie might have taped one or both of the Clintons.
Reggie is expected to be a witness in a federal criminal case involving a finance official on Mrs. Clinton’s campaign staff, David Rosen. In a trial scheduled to start at Los Angeles on May 3, Mr. Rosen, 40, faces charges that he caused false donation and expenditure reports to be filed with the Federal Election Commission in connection with a fund-raising gala at Hollywood in August 2000.
Court documents indicate that in September 2002, a confidential witness, identified by other sources as Reggie, taped an unwitting Mr. Rosen in a conversation discussing his role in the 2000 gala. In an affidavit submitted to a federal magistrate, an FBI agent asserted that the informant “was involved in the planning of the Clinton Gala.”
In June 2000, Reggie and his wife, Mary Michelle, were guests at a state dinner. They also stayed overnight at the White House as guests of the Clintons.
Mr. Rosen’s defense attorney, Paul Sandler of Baltimore, refused to comment yesterday on the disclosure of Reggie’s role as an informant or on what impact his secret recording might have on Mr. Rosen’s case. “I have nothing to say. I’m getting ready for trial in 10 days,” Mr. Sandler said.
A former Internet executive who helped organize the August 12, 2000, Hollywood fund-raiser, Peter Paul, said in an interview last night that he was certain Reggie was not a key player in the gala. “If he had a role, it was a very, very small role,” Paul said.
However, campaign finance records provide some indication that Reggie might have at least attended the fundraiser for Mrs. Clinton at a radio’s executive’s mansion in the Brentwood hills of Los Angeles.
On August 28, 2000, the committee that officially sponsored the event, New York Senate 2000, recorded a donation from Reggie of $1,330.
Reggie took out a full-page ad in a “tribute book” distributed to guests at the gala. “You have demonstrated as the president and first lady of the United States that you were willing to ‘pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in order to assure the survival and the success of liberty,'” the ad read. It was signed, “With gratitude, Ray Reggie.”
On separate occasions, Reggie gave another $6,000 to committees connected with Mrs. Clinton’s campaign. Overall, Reggie gave about $29,000 to Democratic candidates over the past six years, Federal Election Commission filings show. Reggie also served on the national finance committee for Vice President Gore’s presidential bid in 2000, according to a New Orleans publication, cityBusiness.
Reggie’s sister, Victoria, is married to Senator Kennedy of Massachusetts. A spokeswoman for Mr. Kennedy did not return several phone calls yesterday seeking comment for this story. Reggie is also the son of a prominent Louisiana judge, Edmund Reggie, who was a close friend of President Kennedy.
The younger Reggie is close to and has done consulting work for the former mayor of New Orleans, Marc Morial. Press reports in Louisiana have suggested that prosecutors’ interest in Reggie may have stemmed from a desire to get information from inside Mr. Morial’s inner circle. Mr. Morial has not been charged with any crime.
The bank-fraud charges against the Reggie date to 2001 and earlier. Court records indicate his plea deal with the government was reached in 2002. However, the charges were not filed publicly until February of this year.
Reggie, who ran an advertising buying and consulting firm known as Media Direct, has admitted to using a forged contract with the Census Department to obtain a $6 million line of credit from a Louisiana bank. At the hearing yesterday, he acknowledged using that line of credit to cover a check-kiting scheme at two other banks. One bank lost $3.5 million, court papers said. His sentencing was set for October 23. The maximum penalty on the two charges is 35 years in prison and a fine of up to $1.25 million.
Reggie also faces a separate, unrelated state trial in Louisiana next month for allegedly impersonating a police officer. The felony charge stems from a 2002 incident in which Reggie allegedly used a blue light to stop another vehicle.
“He pulls over a car full of young girls, tells them he’s a cop; and wants one of them to get out; tried to get them to follow him somewhere,” the prosecutor handling the case, Kim McElwee, said in an interview.
Ms. McElwee complained that she has had great difficulty obtaining routine evidence for the case. “I’ve never had a case quite like this,” she said. “People say they have a document. I call back. Not only is the document gone, they’re gone. It’s bizarre.”
Reggie, who has maintained his innocence, has waived his right to a jury trial. Ms. McElwee said the judge will probably acquit Reggie. “I’m getting entertainment out of this. I’m certainly not going to get a conviction,” she said.
Clinton Finance Chief Acquitted
LOS ANGELES — After less than five hours of deliberations, a federal jury acquitted the national finance director of Senator Clinton’s 2000 campaign Friday on charges that he deliberately understated the amount of money spent on a star-studded concert held to raise money for Mrs. Clinton’s Senate race.
David Rosen, 38, a Chicago-based fund-raising consultant, was found not guilty on two felony counts that alleged he caused the filing of false campaign finance reports with the Federal Election Commission. If convicted, he faced the possibility of up to 10 years in prison and a fine of up to $500,000.
Upon hearing the verdict Friday morning, Mr. Rosen forcefully embraced his lead defense lawyer, Paul Mark Sandler, slapping him on the back. Several of Mr. Rosen’s family members sitting in the front row of the gallery cried out with joy. Mr. Rosen’s wife, Melissa, and her father sobbed. Even Mr. Sandler, a veteran trial lawyer from Baltimore, briefly fought back tears.
“Holy cow,” Mr. Rosen said as he turned to his family.
Moments later, he told reporters he is eager to get back to his fund-raising business, which was all but shuttered while the legal saga unfolded. “It’s been five years this has been going on,” he said. “I have closure in my life.”
The defendant’s mother, Roberta Rosen, said the prosecution was driven by politics. “I think it was totally, 100% political from the onset,” she said. She described her son as a “little minnow” caught up in a saga involving much bigger fish.
Prosecutors, who wore long faces after the verdict, said little. “We wouldn’t have brought the case if we didn’t think there was reason to bring it,” the lead prosecutor, Peter Zeidenberg, told reporters.
The Justice Department has denied that political considerations played any role in the prosecution. “We respect the jury’s verdict,” a department spokesman, Bryan Sierra, said. “We continue to believe that honest, truthful, and legal reporting to the Federal Election Commission is a fundamental and important principle of the election system. We will continue our effort to prosecute those who violate the law.”
In a statement, an attorney for Senator Clinton, David Kendall, hailed the verdict. “”We have said from the beginning that, when all the evidence is in, David would be vindicated. That has come to pass, and Senator Clinton is very happy for David and his family,” the senator’s lawyer said.
Jurors who spoke with reporters after yesterday’s proceedings said the evidence and witnesses left too many questions unanswered about the August 12, 2000, gala, which featured Cher, Dylan McDermott, and others. The jurors cited, in particular, the government’s failure to call as witnesses the main financial backer of the concert, Peter Paul, and the lead organizer of the event, Aaron Tonken.
“Reasonable doubt was the huge key here,” the jury foreman, Michael Johnson, said. Mr. Johnson, a radiological equipment technician, said the prosecution’s case left him with “lots of question marks.”
Mr. Johnson, 40, said the jury of seven men and five women was split fairly evenly when it took its first vote after deliberations began Thursday. The jurors gradually swung toward a not guilty verdict, he said.
Prosecutors never told the jury why Paul and Tonken weren’t called, but legal analysts said it was likely due to the serious credibility problems of both men. Paul has four felony convictions and is awaiting sentencing on a stock fraud charge. Tonken is serving a five-year prison sentence for mail and wire fraud related to charity fund-raisers he ran.
Several jurors also said they were troubled that one of Mrs. Clinton’s closest aides on the 2000 campaign, Kelly Craighead, did not testify. One prosecution witness said that in a hotel lounge the night before the gala Mr. Rosen and Ms. Craighead had a heated argument about the cost and scope of the event. Mr. Rosen denied that.
Mr. Zeidenberg mentioned Ms. Craighead in his closing to the jury, implying that the defense should have called her if she would have backed up Mr. Rosen’s version of events. However, the jurors appeared to hold her absence against the prosecution.
The jurors also were not impressed by many of the witnesses who did appear for the prosecution. Two of those who implicated Mr. Rosen in knowing about the cost overruns, Raymond Reggie and James Levin, were admitted criminals.
One juror, Angelo Sanders, said he disregarded Reggie’s testimony after it emerged that Reggie carried a blue police light in his car and had been accused of impersonating an officer. Reggie said he had an honorary police commission and used the light to escort dignitaries. The impersonation case was recently dropped, though Reggie did plead guilty to two unrelated bank fraud charges.
“The blue light on the car, that kind of closed the deal,” said Mr. Sanders, 29, who works for a hip-hop record label.
Mr. Johnson said he wasn’t sure what to make of Mr. Levin, a Chicago businessman who recently admitted to contracting fraud and offering kickbacks, but who also told the court he is a “dear friend” of President Clinton. The jury foreman said he thought Mr. Levin was embellishing, until defense lawyers played an ABC News “20/20” story about Paul that showed pictures of Mr. Levin side-by-side with Mr. Clinton in various settings.
During the trial, prosecutors struggled to explain to jurors why Mr. Rosen would have thought that Mrs. Clinton’s campaign would benefit financially by under-reporting the expenses, most of which were paid by Paul through various companies he controlled.
In his defense, Mr. Rosen maintained he didn’t know that Paul and Tonken spent $700,000 more than the roughly $525,000 in concert expenses reported to the FEC.
Toward the end of the case, prosecutors honed in on two specific items Mr. Rosen didn’t report: his $9,300, three-week stay at the Beverly Hills Hotel, paid for by Tonken, and the use of Tonken’s Porsche 911 convertible during that period. Mr. Rosen said he didn’t report those items because he considered them personal gifts unrelated to the gala.
Jurors largely ignored that issue. “They spent too much time on that,” Mr. Sanders said, pointing out that the indictment said Mr. Rosen knew that spending for the gala was “substantially more” than what was reported. “A $5,000 or $10,000 hotel bill isn’t substantial when you’re talking about $1.2 million,” the juror said.
Another juror, Stacy Spencer, griped about the tedium of some evidence, particularly relating to a now-defunct legal distinction between “hard” and “soft” money in political campaigns.
“I really don’t ever want to hear those terms again,” Ms. Spencer said
Mr. Sandler told reporters that Mr. Rosen deserves accolades for taking the stand in his own defense. “Like I told the jury, I think he’s an American hero,” Mr. Sandler said. “He was being surrounded for so many years by such responsible people telling him that he had done wrong and he stood up and he had the courage to come to court and to testify and to face the jury and tell them the truth.”
While the worst is now over for Mr. Rosen, the legal aftershocks from the August 2000 concert are likely to continue. The Federal Election Commission is considering whether to fine the fund-raising committee that ran the gala, New York Senate 2000, for the allegedly false reports. In addition, a lawsuit Paul brought against President and Mrs. Clinton, Mr. Rosen, Mr. Tonken, Mr. Levin, and others remains pending in a California court.
A conservative group that helped Paul file the lawsuit said yesterday that the case against Mr. Rosen was damaged when prosecutors declared at the outset that the Clintons were not involved.
“It’s a political hot potato that (prosecutors) didn’t want to handle,” a spokesman for Judicial Watch, Brandon Millett, said. “Government lawyers presented a watered-down, impotent case. They ignored key evidence to keep Bill and Hillary Clinton out of the trial.”
In a tape secretly recorded by Reggie in 2002 but never introduced at trial, Mr. Rosen reportedly complained that he was being used by the Clintons as a “guinea pig” in the civil lawsuit.
Yesterday, the former fund-raising chief said he harbors no ill will towards Mrs. Clinton. “I’ve always thought very highly of the senator,” he said.
One of Mr. Rosen’s first public comments yesterday was an offer of thanks to “the people who helped me pay for the finest legal team.” He declined to name the benefactors.
Mr. Sandler said Mr. Rosen borrowed money from friends to pay his legal bills. During the trial, which lasted over two weeks, Mr. Rosen was also represented by a former Democratic National Committee lawyer who is the lead attorney’s cousin, Joseph Sandler of Washington, D.C., and by a Los Angeles attorney, Michael Doyen.
Mr. Zeidenberg, and the other prosecutor on the case, Daniel Schwager, are based in Washington, D.C. at the Justice Department’s public integrity section.