Kevin A. Ring

On September 8, 2008, Ring was arrested "on conspiracy, fraud and obstruction-of-justice charges in connection with his alleged role in a four-year scheme to lavish tickets and trips on lawmakers and government officials in return for help for his clients".[10] The indictment also charged him with obstruction of justice, "including false statements about his knowledge of Abramoff's financial relationship with lobbyist Michael Scanlon; his own receipt of a $135,000 referral fee; and his knowledge of how Abramoff obtained a job for the wife of Representative 5".[11] While not named in the indictment, "Representative 5", thought to be Congressman John Doolittle, allegedly took a series of official actions that benefited Ring and Abramoff's lobbying clients. In return, Doolittle and his aides received numerous free meals, tickets to concerts and sporting events, campaign contributions and a part-time job for Doolittle's wife, Julie, who owned a consulting firm, that netted her $96,000.[12] Ring was said to have been an intermediary in the hiring of Julie Doolittle's consulting firm by Abramoff and his firm, Greenberg Traurig, to do fundraising for a charity he founded.[13] Neither Doolittle nor his wife were charged to date.[14]

During this time Ring still represented the Mashpee Wampanoag of Massachusetts, who came to his defense. In 2007 Mashpee Wampanoag Tribal Chairman Glenn Marshall told reporters, "Kevin (Ring) is a good man. He's an honest guy who's done everything for the tribe above-board." Marshall was subsequently convicted on five felony counts associated with the tribe's casino lobbying, including more than 50 illegal campaign contributions facilitated by Abramoff and Ring. The Mashpee Band remained supportive of Ring even after Marshall's arrest, with new Tribal Council Chair Shawn Hendricks affirming the former chair's endorsements and keeping Ring on the Wampanoag payroll through 2008.[15]

Prosecutors relied on e-mail messages associated with work on behalf of the Mashpee Wampanoag to show that Ring provided tickets to sporting events and pricey meals to Robert E. Coughlin, the former Deputy Chief of Staff, Criminal Division, of the United States Department of Justice. He pleaded guilty in April 2008, saying he had accepted meals, concert tickets and luxury seats at Redskins and Wizards games from Ring. In return Coughlin helped secure a $16.3 million grant for the Mississippi Band of Choctaw Indians, whom Ring and Abramoff represented. Coughlin also helped students attending a school run by Abramoff quickly clear immigration hurdles.[16] Court documents also asserted that Ring had provided gifts for Ann Copland, who was senior staff for Republican senator Thad Cochran. E-mails from Ring were subsequently part of the documents submitted when Copland pleaded guilty in March 2009.[17]

On September 5, 2008, a federal grand jury had indicted Ring for conspiracy (Count I), payment of an illegal gratuity (Count II), and honest services wire fraud (Counts III, IV, V, VI, VII, and VIII).[18] Before the trial, Ring had been meeting with investigators extensively. Apparently negotiations had broken down and Ring would not accept the proffered plea deal.[10]

The jury trial began on September 1, 2009, and resulted in a hung jury on all counts. On October 15, 2009, U.S. District Court Judge Ellen Segal Huvelle declared a mistrial.

According to TPMmuckraker, a former prosecutor with the Justice Department's Public Integrity unit, called the case against Ring "'an extremely problematic prosecution', since the favors that Ring was accused of doing for public officials weren't in themselves illegal".[19]

In the interval between the first trial and the start of the second trial, the US Supreme Court issued a ruling on the Honest Services Theft issue (Skilling vs. U.S., June 24, 2010), calling the original law too vague. Its ruling limited the government's application of a 1988 "honest services fraud" statute used in Ring's first trial, ruling that it applies only to bribes and kickbacks for specific acts. Before, prosecutors could target patterns of corruption and influence-peddling without proving an explicit quid pro quo. Legal analysts predicted the retrial of Ring would serve as a barometer of the effectiveness of tools available to prosecutors to combat corruption among congressional and executive branch officials.[20]

Ring's second trial began on October 18, 2010. Following the two-week trial, the jury couldn't reach a verdict and sent a note to Judge Huvelle, asking her to explain the difference between legal and illegal gifts.[21] After four days of deliberations, the jury returned a verdict of guilty on five counts on November 15, 2010. Ring was found "guilty on one count of conspiring to corrupt congressional and executive branch officials by providing things of value to them and their staffs to induce or reward those who took official actions benefiting Ring and his clients. In addition, [he] was convicted of one count of paying a gratuity to a public official and three counts of honest-services wire fraud for engaging in a scheme to deprive U.S. citizens of their right to the honest services of certain public officials. The jury acquitted [him] on three counts of honest-services fraud". According to testimony, "Ring sought to further his clients' interests by lobbying public officials in the legislative and executive branches of the federal government,... identified public officials who would assist them and their clients, and then groomed them by providing things of value with the intent of making them more receptive to requests on behalf of their clients in the future. The things of value ... included all-expenses-paid travel, meals, drinks, golf outings, as well as tickets to professional sporting events, concerts and other events, and an employment opportunity for the wife of a congressman – which were often billed to Ring's and Jack Abramoff's clients... Ring's corrupt actions resulted in his clients receiving, among other actions, $14 million in congressional transportation appropriations and an additional $7 million from the Justice Department to build a jail."[22]

Ring's attorney said Ring had only been doing his job of influencing public officials. He did not know of specific illegal acts and was not responsible for the capital's lobbying culture, stating: "The way our government works and the role lobbyists play in our government are not on trial, Kevin Ring is on trial".[20]

The Justice Department asked for a sentence of 17 to 22 years. "One reason for the astronomical sentence, according to the government: Mr. Ring was the only lobbyist who went to trial instead of pleading guilty and cooperating with the United States." The government backed off this assessment ... after a rebuke from Judge Huvelle" who wrote: "Defendant's position is that the government is retaliating against him for exercising his Sixth Amendment right to trial", adding "It is easy to see why such an inference might be justified". Ring was asking for five years' probation.[23]

On October 26, 2011, Ring was sentenced by Judge Huvelle to 20 months in prison and to 30 months of supervised release following his prison term. Two more charges are still pending, and may result in a third trial if there is no plea bargaining.[24] He is free on bail while he appeals his conviction, having "shown by clear and convincing evidence that he is not likely to flee or pose a danger to the community".[25]

Ring appealed his conviction, but it was upheld by the U.S. Court of Appeals for the District of Columbia Circuit on January 25, 2013. He appealed that decision to the United States Supreme Court, which denied certiorari on October 7, 2013.[26]