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Judge denies request to dismiss some Jefferson charges |
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By Susan Crabtree
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Posted: 07/10/08 06:30 PM [ET] |
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A federal judge rejected Rep. William Jefferson’s (D-La.) request to dismiss five counts of wire fraud in the wide-ranging corruption case against him. Jefferson’s attorneys argued that the wire fraud charges were invalid because Jefferson’s alleged activities would not have denied his constituents honest services. They also argued that the honest service fraud statute is unconstitutional on its face and as applied to the facts of the case. In his dismissal, filed Tuesday with the U.S. District Court for Eastern Virginia, Judge T.S. Ellis III ruled that there is clear court precedent for the wire fraud charges based on Jefferson’s alleged bribery and the financial transactions involved. Ellis also said several of the acts alleged in the indictment would constitute officials acts and amount to wire fraud. “The indictment sufficiently alleges official acts giving rise to a bribery charge,” Ellis wrote in his ruling. Jefferson faces trial on a 16-count indictment that accuses him of masterminding a vast, complicated conspiracy to elicit bribes for family members’ businesses in exchange for his assistance in reaching out to government officials in western Africa to establish businesses there. He has repeatedly denied the charges and vowed to fight them. His trial is scheduled to begin Dec. 2, but Ellis indicated it would likely face delays. |
