- Posted June 17, 2011
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Massachusetts Ex-House speaker convicted in corruption case DiMasi is third speaker to leave office under an ethics cloud

By Bob Salsberg
and Steve LeBlanc
Associated Press
BOSTON (AP) -- Former Massachusetts House Speaker Salvatore DiMasi, convicted by a federal jury Wednesday in a scheme to steer two state contracts worth $17.5 million to a software firm in exchange for payments, is weighing his next moves as he awaits sentencing.
A visibly distraught DiMasi hugged his crying wife and stepdaughter after the verdict was read. He was convicted of conspiracy, extortion and theft of honest services by fraud.
DiMasi, a Democrat who resigned in January 2009, was the third consecutive House speaker to leave office under an ethics cloud.
Also convicted of conspiracy and fraud was lobbyist Richard McDonough, a close DiMasi friend. The jury acquitted Richard Vitale, another DiMasi friend and associate.
A fourth man, former software salesman Joseph Lally, pleaded guilty before trial and testified against the others. The defense cast him as a liar.
DiMasi, who said the verdict shocked him, maintained his innocence and defended his record.
"I never made any decision unless it was based on what I thought was the best interests of the citizens of the Commonwealth, my constituents," he told reporters.
"I don't think that there was a full story told about my record and what I accomplished as a speaker or legislator. I think that was all lost in this case."
Attorneys for DiMasi and McDonough promised appeals.
U.S. District Court Judge Mark Wolf scheduled sentencing for Aug. 18, and allowed DiMasi and McDonough to remain free until then, with the provision that they cannot leave New England.
DiMasi, 65, and McDonough, 66, face up to 20 years in prison on each of six counts of mail and wire fraud, and five years on the conspiracy charge. In addition, DiMasi faces up to 20 years for extortion.
U.S. Attorney for Massachusetts Carmen Ortiz said she'd seek "significant jail time" for DiMasi.
Ortiz said the verdicts dealt another blow to the "culture of corruption" at the Statehouse, and dismissed the notion that DiMasi's actions amounted to little more than politics as usual.
"It isn't just politics when you take kickbacks, when you take a bribe, when you use your position and it influences you in making certain decisions," Ortiz said. "That's corruption."
Prosecutors said DiMasi used his position as one of the state's most powerful politicians to assure that the Cognos firm received the software contracts. In exchange, prosecutors said, DiMasi received $65,000 in payments funneled through a law associate, while McDonough and Vitale received hundreds of thousands of dollars in payments disguised as lobbying or consulting fees.
Cognos, which was not charged in the scheme, has since been purchased by IBM.
Defense attorneys said the payments were legitimate and were not made in exchange for official actions by DiMasi, a key element of the federal "theft of honest services" statute. The law has faced recent court challenges and been criticized by defense attorneys as overly broad.
The verdicts culminated one of the state's most closely-watched political corruption cases in recent memory. The six-week trial cast a dark cloud over the Statehouse as the Legislature grappled with the state's fiscal crisis and other pressing issues. Government watchdogs said the case spotlighted a far-too-cozy relationship that often exists among lawmakers, lobbyists and outside interests seeking to win favor.
DiMasi was first elected to the Legislature in 1979 and worked his way up through the ranks of the House to become speaker following the resignation of Thomas Finneran in 2004.
The prosecution's witnesses included Gov. Deval Patrick, who testified about pressure DiMasi put on him to approve the performance management contract. Patrick also recalled an angry DiMasi accusing his administration of leaking information to the media when questions began to surface publicly about the contract.
"I answered the questions that were put to me and I answered them as completely as I could. And certainly honestly," Patrick said Wednesday, calling the verdicts the end of a "very disappointing chapter" in state government.
Defense attorneys attacked Lally with gusto at the trial, casting him as an unethical salesman who lied, cheated on his taxes and gambled away the hefty commissions he received from selling Cognos software.
The government alleged Vitale received $600,000 under the scheme and set up a $250,000 line of credit for DiMasi, who prosecutors said had plunged deep into debt after losing income from his law practice after becoming speaker. Prosecutors also said Vitale and DiMasi wanted seed money for a business venture they were planning after the speaker left office.
Vitale's attorney, Martin Weinberg, said it was a bittersweet outcome for his client.
The jury returned the verdicts after deliberating over three days.
Published: Fri, Jun 17, 2011
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