UPDATED Oct. 5, 2010

Sen. Larry Means among 4 legislators arrested by FBI

By Scott Wright

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GADSDEN -- Sen. Larry Means, D-Attalla, was among four state legislators and several influential lobbyists and casino owners arrested this morning and charged by the FBI with vote buying on a bill designed to legalize electronic bingo in Alabama. 

The federal indictment was released earlier today by the FBI. It accused casino owners and politicians of conspiring to make payments and campaign donations in exchange for legislators’ efforts to get the legislation approved during the 2010 legislative session in Montgomery. 

VictoryLand casino owner Milton McGregor was among those indicted. His casino, now shut down, has more than 6,000 electronic bingo machines. Also indicted was Country Crossing casino developer Ronnie Gilley and state Sens. Harri Anne Smith, James Prueitt, Quinton Ross Jr., and Means.

According to the indictment, McGregor owned a controlling interest in Macon County Greyhound Park Inc., also known as Victoryland, in Macon County and Jefferson Country Racing Association in Jefferson County, as well as ownership interest in other entertainment and gambling facilities in Alabama that offered or sought to offer electronic bingo gambling machines to the public. Gilley owned a controlling interest in the Country Crossing real estate, entertainment and gambling development in Houston County which also sought to offer electronic bingo gambling machines to the public.

Assistant Attorney General Lanny Breuer in Washington said the federal investigation found criminal activity that was astonishing in scope. He called it “a full-scale campaign to bribe legislators and others.”

The defendants are charged in an indictment returned by a grand jury last Friday in Montgomery.

“Today, charges were unsealed against 11 legislators, businessmen, lobbyists and associates who, together, are alleged to have formed a corrupt network whose aim was to buy and sell votes in the Alabama legislature in order to directly benefit the business interests of two defendants, Milton McGregor and Ronald Gilley,” said Assistant Attorney General Lanny A. Breuer of the Criminal Division in the nation's capital.

The Gadsden Times website reported that a spokesman for the Etowah County Sheriff’s Office confirmed that Means was arrested this morning in an area Walmart.

From February 2009 through August 2010, McGregor, Gilley and their co-defendants allegedly conspired to commit federal program bribery by corruptly giving, offering and agreeing to give money and other things of value to Alabama state legislators and staff with the intent to influence and reward them in connection with pro-gambling legislation.

The indictment alleges that Alabama state legislators, including co-defendants Means, Preuitt, Smith and Ross corruptly solicited, demanded, accepted and agreed to accept money and things of value from their co-conspirators and others, intending to be influenced and rewarded in connection with pro-gambling legislation.

Specifically, Means is alleged to have sought $100,000 in campaign donations in exchange for his support of Senate Bill 380, which passed in the Senate earlier this year and would have allowed electronic bingo casinos in several areas around the state.  

According to the indictment, Means’s asked for the money after he had already accepted five $5,000 contributions from McGregor. 

“He’s asking for $100,000 if he votes for this bill,” the indictment claims a lobbyist told Gilley on or about March 24, 2010, referring to Means. 

“He can one-hundred percent count on our support,” Gilley responded, according to the indictment. “We’re gonna support who supports democracy.” 

On March 30, 2010, the indictment reads, Means voted for SB380 after having abstained from voting on an earlier version. The bill ultimately failed to become law prior to the end of the 2010 session. 

According to the Associated Press, the defendants’ attorneys are expected to release a statement later today. The Post placed a call to Sen. Means’ cell phone this morning and left a message.  

According to CNN's website, Means is charged with the following: one count of conspiracy, two counts of federal program bribery, two counts of attempted extortion, and 11 counts of honest services mail and wire fraud.

In a related case, Jennifer D. Pouncy, 34, of Montgomery, pleaded guilty on Sept. 28, 2010, before U.S. Magistrate Judge Charles S. Coody to one count of conspiracy for her role in the scheme. According to information stated during her plea hearing, Pouncy admitted that she offered Preuitt $2 million for his vote on the pro-gambling legislation, based on orders from lobbyist Jarrod Massey.

 Pouncy also admitted that Massey and Gilley authorized her to offer $100,000 to Means in return for his support for the pro-gambling legislation. Pouncy's guilty plea was unsealed this morning, and a sentencing date has not been set, the Gadsden Times reported this afternoon on its website.

The conspiracy charge carries a maximum penalty of five years in prison and a $250,000 fine, the Justice Department said.

The federal program bribery charges carry a maximum penalty of 10 years in prison and a $250,000 fine.

Each count of extortion, honest services mail and wire fraud, money laundering and obstruction of justice carries a maximum penalty of 20 years in prison and a $250,000 fine. The false statement charge carries a maximum penalty of five years in prison and a $250,000 fine.

A capsule look at the 11 people indicted and the one person who pleaded guilty in the federal investigation of electronic bingo legislation (Editor's note: This breakdown was added Oct. 5, 2010 at 12 p.m.) :

—Milton McGregor, 71, of Montgomery, owner of VictoryLand in Shorter and a financial backer of Country Crossing in Dothan. Charged with one count of conspiracy, six counts of bribery and 11 counts of honest services fraud.

—Ronnie Gilley, 45, of Enterprise, developer of Country Crossing. Charged with one count of conspiracy, six counts of bribery, 11 counts of honest services fraud and four counts of money laundering.

—Jarrod D. Massey, 39, of Montgomery, lobbyist for Gilley. Charged with one count of conspiracy, five counts of bribery, and 11 counts of honest service fraud.

—Thomas E. Coker, 70, of Lowndesboro, lobbyist for McGregor. Charged with one count of conspiracy, two counts of bribery, and 11 counts of honest services fraud.

—Robert E. "Bob" Geddie Jr., 60, of Montgomery, lobbyist for McGregor. Charged with one count of conspiracy, 11 counts of honest services fraud, and one count of obstruction of justice.

—Jarrell W. "Jay" Walker Jr., 36, of Lanett, public relations spokesman for Gilley. Charged with one count of conspiracy, one count of bribery and 11 counts of honest services fraud.

—Harri Anne Smith, 48, of Slocomb, state senator. Charged with one count on conspiracy, two counts of bribery, one count of extortion, 11 counts of honest services fraud, and four counts of money laundering.

—Larry Means, 63, of Attalla, state senator. Charged with one count of conspiracy, two counts of bribery, two counts of attempted extortion, and 11 counts of honest services fraud.

—James E. Preuitt, 75, of Talladega, state senator. Charged with one count of conspiracy, one count of bribery, one count of attempted extortion, and 11 counts of honest services fraud.

—Quinton Ross Jr., 41, of Montgomery, state senator. Charged with one count of conspiracy, two counts of bribery, two counts of attempted extortion, and 11 counts of honest services fraud.

—Joseph Raymond "Ray" Crosby, 61, of Montgomery, legislative analyst for the Legislative Reference Service. Charged with one count of conspiracy, one county of bribery and 11 counts of honest services fraud.

—Jennifer D. Pouncy, 34, of Montgomery, employee of Jarrod Massey's lobbying firm. Pleaded guilty Sept. 28 to one count of conspiracy and admitted offering $2 million to Preuitt to support pro-gambling legislation.