corruption junction materials final

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Course Materials

A Guthrie Theater CLE

Corruption Junction:The Ethical Intersection of Law,

Politics, and Human Nature2.0 Ethics Continuing Legal Education Course

Course MaterialsThe materials listed below are either available online by clicking the link or within this document at the

page number indicated. No claim is made to the original works referenced.

1. “Could Spitzer Lose His Law License?”, New York Times, March 13,2008.Click for article

2. LegalNewsline.com, “Government’s transcripts may be fatal forScruggs”, February 19, 2008.Click for article

3. Letter of apology: a white-collar blog, January 17, 2008 - Feburary 19, 2009.Click for articles

4. “The Bribe: How the Mississippi lawyer who brought down BigTobacco overstepped.” The New Yorker, May 19, 2008.Click for article

5. “The Dirty Trickster: Campaign tips from the man who has done itall.” The New Yorker, June 2, 2008.Click for article

6. Letter to Mr. Stephen P. Payne from Congressional Committee onOversight and Gov ernment Reform, July 14, 2008.

See below, pages 1-2.

7. Sealed Complaint and Supporting Affidavit (Redacted), United States of America v. Mark Brener et. al., March 5, 2008. See below, pages 3-57.

8. Affidavit in Support of An Application for an Extension of Order

Authorizing Interception of Wire Communications, February 11,2008.

See below, pages 58-109.

EXHIBIT 31

Case 3:07-cr-00192-NBB-SAA Document 92-5 Filed 02/11/2008 Page 1 of 52

EXHIBIT 32

EXHIBIT 33

EXHIBIT 34

EXHIBIT 35

FD-302 (Rev. 10-6-95)

FEDERAL BUREAU OF INVESTIGATION Date of

ranscription

Investigation on at

File # Date dictated

This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your

agency;

it and its contents are not to be distributed outside your agency.

09/27/2007 Jackson, Mississippi (telephonically)

194A-JN-32354 09/27/2007

SA WILLIAM P. DELANEY/jrb

09/27/2007

The following is a recorded telephone conversation betweenTIM BALDUCCI and STEVE PATTERSON on September 27, 2007:

FD-302a (Rev. 10-6-95)

Continuation of FD-302 of ,

194A-JN-32354TIM BALDUCCI 09/27/2007 2

(CALL 00062-001)

TIM BALDUCCI: Hello?

STEVE PATTERSON: Hey.

BALDUCCI: Must have ESPN.

PATTERSON: (laughs)

BALDUCCI: (Unintelligible)

PATTERSON: (talking simultaneously) Well,tell me what you...I was gon',one thing I wanted to tell youbefore I forget it, if, if youstop by, particularly since youstoppin' by there to seeDICKIE...

BALDUCCI: Uh-huh.

PATTERSON: ...um, I mentioned verycryptically to P.L...

BALDUCCI: Yep.

PATTERSON: ...one day last week that Ihave...

BALDUCCI: Yep.

PATTERSON: ...(clears throat) I had apretty good problem that I hadsolved...

BALDUCCI: Yep.

PATTERSON: ...and I was gonna go aheadand solve it...

BALDUCCI: Yep.

PATTERSON: ...what should I do? And hesaid solve it and if you needhelp, let me know.

BALDUCCI: Well, that's exactly what I wasgonna tell him today, is thatI was just gonna tell him thatI've taken care of somethin'you and I have gottenhandled...

PATTERSON: Mm-hmm.

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 3BALDUCCI: ...and uh, that I was gonna get

uh, you to talk to P.L. and letP.L. visit with him at somepoint.

PATTERSON: I've already done that. I mean,all I've, P.L. doesn't knowwhat it's about or anything.He just, he does the amount,

but...

BALDUCCI: Ok. What'd you tell him?

PATTERSON: Forty.

BALDUCCI: Ok, so you didn't pad it?

PATTERSON: No. Uh...

BALDUCCI: Great job. Way to go.

PATTERSON: Yeah, I just told him the

truth.

BALDUCCI: Alright.

PATTERSON: And I said...

BALDUCCI: Ok.

PATTERSON: ...do I go ahead and take careof it or what? And he saidyeah, go ahead and take care ofit.

BALDUCCI: Yeah. Alright. Fine.

PATTERSON: I said, well we've alreadytaken care of half of it.

BALDUCCI: Yeah. Ok. Well, I'ma justreinforce that...

PATTERSON: Yeah.

BALDUCCI: ...this mornin'.

PATTERSON: Ok.

BALDUCCI: Um, I just stopped by hisoffice um, to pick up thatthing that SID had gotten forme...

PATTERSON: Mm-hmm.

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 4BALDUCCI: ...um, and I talked to BETHIE

(phonetic) and she said he'sgonna be there this mornin'...

PATTERSON: Ok.

BALDUCCI: ...so, I'm gonna go back on myway back through...

PATTERSON: Mm-hmm.

BALDUCCI: ...and I'ma...

PATTERSON: Oh, you're on, you're overthere now?

BALDUCCI: Uh-huh. I'm leaving Oxfordnow...

PATTERSON: Ok.

BALDUCCI: ...heading south.

PATTERSON: Ok.

BALDUCCI: And um, so what I'ma do is I'macome back through here, I'mastop and see him. I'm gonnalead with this issue and thenI'm gonna tell him I need youto make two calls.

PATTERSON: Yeah.

BALDUCCI: And get him to make those twophone calls.

PATTERSON: Yeah. Uh, mention IUPE to him.

BALDUCCI: Ok.

PATTERSON: And uh, see what his reactionis.

BALDUCCI: Ok.

PATTERSON: I think it'll be very positive.

BALDUCCI: Ok.

PATTERSON: Uh, did you ever talk to Z(phonetic)?

BALDUCCI: The mother fucker never calledme back STEVE. You know, hecalled me on my cell phone. He

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 5

was on his. I tried to talk tohim for about ten minutes...

PATTERSON: Yeah, you told (UI)

BALDUCCI: ...and I said, Z, I just, Icannot communicate with you.I'm gettin' every third wordyou're sayin'.

PATTERSON: Mm-hmm.

BALDUCCI: He said, well I'll be home inabout twenty or thirty minutes.I'll call you back. And themother fucker never called meback.

PATTERSON: Alright, do you have your callwith uh, guys in Richmond?

BALDUCCI: Yeah, I did. I did.

PATTERSON: Any names?

BALDUCCI: (UI) Uh, he, you know, franklywhat they were saying, what hewas saying, DONALD McKETCHENsayin' that uh, that the waythat the bill is being markedright now, that in the Senatethat they're gonna get aroundthe cap he thinks. And he'ssupposed to be faxin' me thismorning some dead man'sdocuments about the Senate

markings. So...

PATTERSON: So, but in other words, whathe was sayin' was good news?

BALDUCCI: Good news. And what he wassayin', though, is (UI)...

PATTERSON: He might not be accurate, butgood news.

BALDUCCI: Well he, I think it is, 'cause

he's got fuckin'...

PATTERSON: Ok.

BALDUCCI: ...documents and he was tellin'me, you know, I think my intellmay be better in pressure thanyours...

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 6PATTERSON: Mm-hmm.

BALDUCCI: ...from what you got on theHouse side...

PATTERSON: Mm-hmm.

BALDUCCI: ...and he said, you know, ifthis is the case, we really

need to push on the Senate billand he was telling me the messagewas you guys gotta get your man inline on the House side if this comesout of the Senate.

PATTERSON: Yeah, well we, we can handlethat.

BALDUCCI: And that's, I said, look youknow, we...

PATTERSON: That's done.

BALDUCCI: ...we all for, we all forgettin' the best bill...

PATTERSON: Yeah.

BALDUCCI: ...to the floor. So.

PATTERSON: Yeah, that's done.

BALDUCCI: So yeah, so it's...

PATTERSON: (UI) that's good news. Alright.

And are they gonna meet us upthere three o'clock Saturday?

BALDUCCI: Yeah, and here's what we'regon' do. I've been on the phonewith BIDEN this mornin', thatwould be JIM BIDEN. I'm nottryin' to be like JOEY.

PATTERSON: (laughs) (UI)

BALDUCCI: And um, you and I, the plan now

is, me, you and NORMAN aregonna leave at eight o'clockfrom New Albany Saturday.

PATTERSON: Yeah.

BALDUCCI: So, I'll come pick you upSaturday morning...

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 7PATTERSON: Ok.

BALDUCCI: ...at your house, and we'llleave from eight, at eighto'clock from New Albany

Saturday, and we're gonna getthere around noon, and we're gonnameet the BIDENs around noon.

PATTERSON: Ok.

BALDUCCI: Then we're gonna meet theblack farmers at three.

PATTERSON: Ok.

BALDUCCI: And we're gonna go to thedinner at seven.

PATTERSON: Is JIMMY...

BALDUCCI: (UI)

PATTERSON: ...and them going to thedinner with us?

BALDUCCI: I don't know yet.

PATTERSON: Ok.

BALDUCCI: I don't know yet. Then um, wemay or may not meet with STITH(phonetic) just me and youSunday morning.

PATTERSON: Ok.

BALDUCCI: JIMMY...

PATTERSON: That'd be fine, anyway

BALDUCCI: ...and SARAH, yeah, JIMMY andSARAH can't stay...

PATTERSON: Yeah.

BALDUCCI: ...but um, we may or not,

dependin' that he's gonna talkto STITH...

PATTERSON: Ok.

BALDUCCI: ...and let us know, so.

PATTERSON: Ok. That'd be good.

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 09/27/2007 8BALDUCCI: So either we're gonna meet with

STITH Sunday mornin' and comehome or either we're gonna donothin', just get up and comehome...

PATTERSON: Come home Sunday mornin'. Yeah,ok. Alright, good enough. That,that's good plan.

BALDUCCI: Yeah.

PATTERSON: Call me durin' the day.

BALDUCCI: Alright. Bye.

PATTERSON: Bye. (hangs up)

(END OF CONVERSATION)

EXHIBIT 36

FD-302 (Rev. 10-6-95)

ranscription

Investigation on at

agency;

194A-JN-32354 10/11/2007

SA WILLIAM P. DELANEY

10/11/2007

The following is a recorded telephonic conversation betweenTIM BALDUCCI and HENRY LACKEY on October 10, 2007:

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/10/2007 2

(Call Number 608)

(Rings several times)

HENRY LACKEY: Hello?

TIM BALDUCCI: Uh, Hey Judge, It's Tim.

HENRY LACKEY: Hey, Hee..Hee..He..

TIM BALDUCCI: How ya doing buddy?

HENRY LACKEY: Doing good...

TIM BALDUCCI: Good..good..You got justa second?

HENRY LACKEY: Have plenty of time.

TIM BALDUCCI: Good..um..Listen, I wasjust calling to uh..ask

you you know uh..I wasgonna get those sweetpotatoes delivered to my

friend down there..

HENRY LACKEY: Oh..yeah!

TIM BALDUCCI: And I was just wonderingdo you have any idea whenyou might get those thatthat bushels of sweetpotatoes..uh..downthere..uh where I can get

em..uh.. over to him?

HENRY LACKEY: Okay? Uh..Ah.., Letme..uh..,I will,..Uh..Yeah, Yeah..it tashould be..uh..should betomorrow or the next day,if that's okay?

TIM BALDUCCI: Naw, that's fine. He was

just asking me uh, uhabout it you know it..

HENRY LACKEY: Sure..sure..

TIM BALDUCCI: ..and when, when, I mighthave that uh ready to be

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/10/2007 3

picked up..and uh..

HENRY LACKEY: Well..

TIM BALDUCCI: ..I told him I'd just acall and check on it justto make sure so youfigured by the end of theweek it'll...

HENRY LACKEY: Oh yeah..Yes sir.

TIM BALDUCCI: ..they'll..probably beready.

HENRY LACKEY: Yes, sir.

TIM BALDUCCI: Oh, Okay..well good..good.

HENRY LACKEY: Alright, I think that'sright..

HENRY LACKEY: Uh, how have you've been

doing?

TIM BALDUCCI: I'm great..I'm doing good.How about yourself?

HENRY LACKEY: Alright, When you cuttinout?..cutting out?

TIM BALDUCCI: Uh, I'm leaving Friday...leaving Friday.

HENRY LACKEY: Oh, Ha Ha, I'm tellingyou...uh..well, I..

TIM BALDUCCI: But, I'll be back.

HENRY LACKEY: I..I envy you to..

TIM BALDUCCI: Ha Ha.

HENRY LACKEY: ..be able to uh to dothat, uh, I tell yathat's that that'll be

alot of fun.

TIM BALDUCCI: Uh, huh.

HENRY LACKEY: Is it..

TIM BALDUCCI: It's gonna be a nicelittle trip. But I'll

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/10/2007 4

I'll see ya when I getback..

HENRY LACKEY: Okay..

TIM BALDUCCI: Listen..I appreciate youuh taking care of thatand..uh.

HENRY LACKEY: Yeah, sure.

TIM BALDUCCI: ..listen, uh, let me knowuh if I need to get backup with you too, okay...

causes I..I..I'm uh I'vegot uh...

HENRY LACKEY: I think..uh..

TIM BALDUCCI: I've got..got..I'm..uh..

HENRY LACKEY: I think..uh..

TIM BALDUCCI: I've gotta see ya aboutfinishing up on that otherdeal so..uh..

HENRY LACKEY: Okay..alright..

TIM BALDUCCI: ..so..uh..let me know..uh

HENRY LACKEY: I..I..I'll do that..thankyou so much..Bud..uh..

TIM BALDUCCI: Thank you..I appreciateyou..okay..

HENRY LACKEY: Uh, huh..

TIM BALDUCCI: okay..

HENRY LACKEY: See ya now..

TIM BALDUCCI: Bye, bye.

HENRY LACKEY: Uh, huh, bye, bye..

TIM BALDUCCI: Thank you.

(both hang up)

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/10/2007 5

EXHIBIT 37

FD-302 (Rev. 10-6-95)

ranscription

Investigation on at

agency;

194A-JN-32354 01/24/2008

SA WILLIAM P. DELANEY/jrb

01/24/2008

The following is a recorded telephone conversation betweenTIMOTHY BALDUCCI and SID BACKSTROM on October 31, 2007:

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/31/2007 2

(Call 01579)

TIMOTHY BALDUCCI: (Unintelligible) (UI)

VICKIE (LAST NAME UNKNOWN) (LNU): Good afternoon, SCRUGGS LAWFIRM.

UNIDENTIFIED MALE (UM): (talking in background) Uh (UI)?

BALDUCCI: Yeah.

UM: I just thought he (UI)

BALDUCCI: Hey?

VICKIE (LAST NAME UNKNOWN) (LNU) Hello?

BALDUCCI: Uh, is SID there?

VICKIE (LAST NAME UNKNOWN) (LNU) Yes. May, I say who's calling?

BALDUCCI: Hey, it's TIM.

VICKIE (LAST NAME UNKNOWN) (LNU) Hey, TIM. How are ya?

BALDUCCI: I'm good, VICKIE. How you doin'hon?

VICKIE (LAST NAME UNKNOWN) (LNU) Good. Hold on.

BALDUCCI: Good. Thanks. Hang on onesecond. Just go up that gateright there when you get out,don't get out yet...

(beeping sound)

BALDUCCI: ...just, when you do, just goright up there.

SID BACKSTROM: What up, super dog?

BALDUCCI: What's happenin', huckleberry?

BACKSTROM: Uh, not a lot.BALDUCCI: Um, you gonna be there tomorrow?

BACKSTROM: Uh, I think so. I'm, I'm

debate...

BALDUCCI: Alright.

(beeping sound)

BACKSTROM: ...I'm trying to (laughs),trying to beg off doing a

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/31/2007 4

that you been working on, thejury research?

BALDUCCI: Yeah?

BACKSTROM: Um, I, I still haven't gottenthat document...

BALDUCCI: Yeah...

BACKSTROM: ...(UI)

BALDUCCI: ...uh, I know. I'm, that's,that's why I'ma be over theretomorrow.

BACKSTROM: Yeah. Yeah, and there's...

BALDUCCI: That's why I'ma, that's, that'swhy I'ma be your way tomorrow,so.

BACKSTROM: Yeah.

BALDUCCI: That's one of the things we'llget hammered out tomorrow.

BACKSTROM: Yeah. And DICK's about to meltdown 'cause, you know, you knowwhy.

BALDUCCI: Oh...

BACKSTROM: (laughs)

BALDUCCI: ...absolutely.

BACKSTROM: (laughs)

BALDUCCI: Absolutely, but no, I'm, I'mgettin' that, gettin' thathandled in the mornin'...

BACKSTROM: Yeah.

BALDUCCI: ...as a matter of fact.

BACKSTROM: Yeah. Yeah.

BALDUCCI: That, that's what I, why I'llbe over yonder, so.

BACKSTROM: Good. Um...

BALDUCCI: (UI)

BACKSTROM: Ok, um, hey, did you get my

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/31/2007 5

invite for the par-tay(phonetic)?

BALDUCCI: Absolutely.

BACKSTROM: You comin'?

BALDUCCI: Absolutely. Wouldn't miss itfor, for anything.

BACKSTROM: That's awesome. Um, are yougonna stay in your apartment?BALDUCCI: (sighs) Uh, I don't know,

because I think, damnit, I thinkwe've already let some, somebodyhave dibs on it, so.

BACKSTROM: Really?

BALDUCCI: Yeah, um...

BACKSTROM: Are you rentin' it out or justlettin' friends use it or

somethin'?

BALDUCCI: No, like some, I think uh,somebody's already, you know, afriend is already asked andcomin' up for the weekend forthe ball game. He's alreadyasked to stay there, so...

BACKSTROM: Mm-hmm.

BALDUCCI: ...think I'm out.

BACKSTROM: Mm-hmm.

BALDUCCI: (UI) checked on it.

BACKSTROM: (talking simultaneously) Wow.Kicked out of your own place.That's tough to do.

BALDUCCI: That sucks, doesn't it.

BACKSTROM: (laughs)

BALDUCCI: Yeah. Alright, but I'll uh, I'llbe over there tomorrow.

BACKSTROM: Alright, man. See ya.

BALDUCCI: Appreciate you. Bye.

BACKSTROM: Alright. Bye. (hangs up)

FD-302a (Rev. 10-6-95)

194A-JN-32354TIM BALDUCCI 10/31/2007 6

(END OF RECORDING)

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