Currie indictment serves as lesson, lawyer says
Lawmakers' other jobs can pose problems if put under a microscope
The federal grand jury indictment this week of state Sen. Ulysses S. Currie on bribery charges brought a word of caution for other legislators from a lawyer who represented a former senator currently serving a seven-year sentence for similar offenses.
"Any prosecutor could review a lawmaker's accounts and come up with a list of potential problems," said Barry Pollack, who represented former state Sen. Tommy Bromwell.
Bromwell pleaded guilty to taking more than $200,000 in payments from a construction company in 2005.
Pollack said that with part-time lawmakers in the General Assembly, the system makes it easier for accusations of wrongdoing, because officials often seek out additional employment that could pose conflicts of interest.
Currie (D-Dist. 25) of District Heights stepped down Wednesday as chairman of the Senate Budget & Taxation Committee after a federal grand jury indicted him for allegedly accepting nearly $250,000 in bribes from 2003 to 2008 from Lanham-based grocery chain Shoppers Food Warehouse Corp., in return for his positive influence on the grocer's behalf.
Currie, 73, was indicted on 18 charges, including one count of conspiracy, one count of extortion, two counts of mail fraud, six counts of wire fraud and two counts of providing false statements to federal investigators. If convicted, Currie faces a maximum of five years in prison for extortion, a maximum of five years for false statements and a maximum of 20 years for each count of mail fraud and wire fraud.
Dale B. Kelberman, an attorney representing Currie, said in a news release Currie never accepted illegal benefits, but was instead a paid consultant for Shoppers. He said Currie signed a written contract approved by the company's lawyers, and the senator reported his earnings on state and federal income tax returns.
Kelberman called the charges "unfounded" and said Currie will plead not guilty.
Pollack said Currie's best defense will be to show his work for Shoppers did not compromise his regular duties for the Senate.
"The question is whether his actions were in the best interest of the people of Maryland," Pollack said. "He needs to show that what he was doing is exactly what he would have done if no consulting relationship existed.
"If a jury believes the only reason he was paid was so that [Shoppers] could have a state legislator in his pocket, then he's in trouble."
Prosecutors said Currie accepted payments from Shoppers that rose to $7,600 per month by December 2007, and received a total of $245,816. They allege that, in return, he showed favor toward the company in attempting to secure a liquor license, grants for infrastructure and many other improvements across the state.
Two former Shoppers officials former president William J. White, 67, of Annapolis and R. Kevin Small, 55, of Harrisburg, Pa., the former vice president for real estate development also were indicted. Attorneys for White and Small were not available to comment.
No court appearances for the three defendants have been scheduled.
Shoppers has agreed to pay a $2.5 million penalty for its alleged role in the arrangement, prosecutors said.
"We chose to resolve this case so that we could put this matter behind us and focus on our current business initiatives," company spokesman Luke Friedrich wrote in a statement. "The actions set forth in the agreement with the government occurred a number of years ago, and the individuals named in the indictment are no longer employed by the company."
Currie has been in state office for 24 years, is running unopposed in the Sept. 14 primary and faces no opposition in the Nov. 2 general election.
The charges were brought by U.S. Attorney Rod J. Rosenstein.
"When businesses can obtain valuable government benefits by putting a senator on the payroll, it diminishes public confidence and disadvantages companies that refuse to go along with the pay-to-play approach," Rosenstein wrote in a statement announcing the indictment. "Most government officials use their official power to pursue the public interest and not personal profit."
A spokeswoman for Rosenstein said she would not comment on the timing of the indictment, which came 13 days before the primary.
Throughout the investigation, Currie has been supported by colleagues, who say the charges do not match the man they know.
"I have absolute faith in him," said Del. James Proctor (D-Dist. 27) of Brandywine, a longtime friend who has known Currie for more than 30 years. "Until Uly tells me he's guilty, I have nothing to say otherwise."
Patrick James Hogan, a former senator who served with Currie as vice chairman of the Senate Budget & Taxation Committee, agreed.
"He is a thoughtful, hardworking, decent human being. Hopefully, he'll have his day in court."
Hogan also noted that although the allegations have been public for years, no one in Currie's district challenged him for re-election.
"To me, that speaks volumes about the work he's done," Hogan said.
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