Obstruction—David Safavian

The first guilty verdict in Abramoff-related charges has been secured by the federal government, and the question now turns to who is next. Former White House chief procurement officer, David Safavian, was found guilty “on four of five felony counts of lying and obstruction.”^[1]

The trial lasted eight days, and it focused on Mr. Safavians’s assistance to lobbyist Jack Abramoff “regarding government-owned real estate and a weeklong golfing excursion the lobbyist organized to the famed St. Andrews golf course in Scotland.”^[2]

The question of “Who’s Next?” is on people’s minds because other participants on the golf trips “were Rep. Bob Ney, a high-ranking Republican, two Ney aides, and Christian Coalition founder Ralph Reed.”^[3] Furthermore, “to government prosecutors, his conviction proves that Jack Abramoff has the goods on many people and can deliver. In addition to [Mr. Safavian’s] conviction, the government has turned four other Abramoff associates as they close in on their investigation.”^[4] The star witness at Mr. Safavian’s trial was Neil Volz, “who worked for Congressman Ney before he joined [Mr.] Abramoff.”^[5]

Mr. Safavian, however, was not convicted on any corruption or bribery charges. Instead, he was convicted on three counts of false statements, and 2 counts of obstructing justice. One of the obstruction charges was dropped when Judge Paul Friedman determined that there was no evidence to support that charge.^[6]

Sentencing for Mr. Safavian will occur in the next few months, and it will likely be quite bitter. According to CBS, Mr. Safavian “was actually offered a deal without jail time, but turned it down.”^[7] That is just one of the many downsides to the United States Sentencing Guidelines, which overwhelmingly reward pleading guilty. By refusing to plead guilty, Mr. Safavian now cannot benefit from downward departures for acceptance of responsibility,^[8] or for super acceptance of responsibility based on keeping the government for having to prepare for trial.^[9]

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[1] Pete Yost, Safavian Found Guilty on Charges Relating to Disgraced Lobbyist Abramoff, AP, (via the Olympian) Jun. 21, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Closing Statement Made in Lobbyist Probe Suit, AP (via MSNBC.com), Jun. 12, 2006.
[7] Deirdre Hester, Safavian Who?, CBS, Jun. 21, 2006.
[8] See U.S. Sentencing Guidelines § 3E1.1(a).
[9] Id. at § 3E1.1(b)