Best views, weather, etc. How to test them 👓 SC, Ala. sites look back Betty Ford honored
WASHINGTON
Federal Bureau of Investigation

Former Nev. lobbyist sentenced to 2 years in prison

Martha Bellisle
Reno (Nev.) Gazette-Journal
Harvey Whittemore, third from right, and family members enter federal court Sept. 30, 2013, in Reno, Nev., for Whittemore's sentencing.
  • Harvey Whittemore has been a lobbyist for gambling%2C alcohol and tobacco interests
  • He has been a decades-long friend of Senate Majority Leader Harry Reid
  • Whittemore was indicted on charges of making illegal campaign contributions to Reid in June 2012

RENO, Nev. — Calling the case "an incredibly criminal, intentional act," a federal judge sentenced fallen Nevada power broker Harvey Whittemore to two years in prison and fined the former multimillionaire $100,000 for using family and employees to make illegal campaign contributions to Senate Majority Leader Harry Reid.

The announcement Monday came at the end of a six-hour sentencing hearing that included an emotional statement from the 61-year-old Whittemore, a former lobbyist and wealthy land developer, in which he said he accepted full responsibility, was sorry and ashamed of his actions, and begged U.S. District Judge Larry Hicks for mercy.

Hicks said he was influenced by Whittemore's lifelong commitment to his family, charities and community service but said his offense "goes to the very heart of the electoral process" and if the country can't have faith in that process, "we cannot have faith in our democracy."

"The primary purpose of these laws is to limit the actuality or appearance of corruption resulting from large contributions," Hicks said. "The appearance of corruption from such a clear violation of the law ... is astounding."

Whittemore's lawyers filed a notice of appeal Tuesday, saying they are taking the case to the Ninth U.S. Circuit Court of Appeals in San Francisco. Federal courts, considered an essential government service, remained open during the government shutdown.

Assistant U.S. Attorney Steve Myhre stood by his call for a prison term, even after Whittemore's tearful plea.

"One of the most insidious things is that he brought other innocent people into the scheme, people who loved him and trusted him," Myhre said. "There is no doubt he is sad, but so is every defendant in every criminal case."

Whittemore's lawyer Dominic Gentile, who had argued for probation, said he planned to ask the judge to allow Whittemore to remain on bail until the appeal is decided. Whittemore declined comment as he walked from the federal courthouse with his arm around his wife, Annette.

Harvey Whittemore leaves federal court Sept. 30, 2013, in Reno, Nev., after he was sentenced to two years in prison and ordered to pay a $100,000 fine for campaign fraud.

Hicks said Whittemore could wait until Jan. 31, 2014, to turn himself into the Herlong Federal Correctional Institution near Susanville, Calif., so he can have time to shut down his law practice. Hicks also sentenced him to two years of supervised release and 100 hours of community service once he has completed his sentence.

A federal jury found Whittemore guilty in May of two counts of making illegal campaign contributions to Reid in 2007 and one count of causing the Reid campaign to file a false report with the Federal Elections Commission. In the past, Whittemore has been a donor to both Reid, D-Nev., and Sen. Dean Heller, R-Nev.

The jury deadlocked on a fourth charge of lying to FBI agents investigating the case. Federal prosecutors did not refile that charge.

Margaret "Margie" Kamienski, who served as juror No. 1 during the two-week trial and was the sole holdout on that count — she did not believe he lied — said Tuesday that she was disappointed Whittemore received a prison sentence instead of probation, community service and a fine.

"I was amazed at the outrage about the crime shown by the prosecutor," Kamienski said. "There is so much wrongdoing in politics and it seemed like they were trying to make an example of Mr. Whittemore. I just don't think he's wicked and evil, like he was portrayed."

She was especially upset that Whittemore, as a convicted felon, has lost his right to vote.

"To me that's where my outrage is — we've stripped an American citizen of his ability to vote because he made an illegal $133,400 contribution. That just doesn't seem fair."

Each of the three charges against Whittemore carried a maximum sentence of five years in prison, but the federal prosecutors and probation office recommended a 51-month term. Whittemore's lawyers said he had given much to the state and communities and deserved probation.

Gentile spent much of the hearing arguing against many of the points that the prosecution and probation office used to support their call for a harsh punishment under the federal sentencing guidelines. Hicks said he can follow the guidelines, which consider the elements of the case, or choose a different sentence based on other factors, including the defendant's lifelong choices.

Gentile argued that the probation office's call for a higher guideline level based on the claim that Whittemore lied to the FBI should not stand because the jury deadlocked on that claim. He also said Whittemore should not be punished for refusing to plead guilty.

But Hicks ruled against many of Gentile's objections. He said Whittemore fought hard against the charges with dozens of motions, as recently as Friday, and the sentencing guidelines allowed him to consider whether the defendant takes responsibility.

Gentile then painted Whittemore as a man who is generous, caring and a solid family man who has given to charities and supported organizations all his life.

Whittemore suffered through the entire case and his law practice was ruined, Gentile said, arguing those factors also should be considered.

"His good name has been tarnished and his privilege to practice law is in jeopardy," Gentile said. "He has been politically active since high school, but now he is in fact a political leper."

Whittmore's younger sister, Ellen, who also is a lawyer, told Hicks that the prosecution's claims that Whittemore was greedy for money and power were "ridiculous."

"He gives when it hurts. He gives beyond measure," she said, adding that he gives to charities but never brags about it. She choked back tears as she said she tries to be more like him.

"Harvey is the most generous person I know," she said.

When Whittemore made his statement, he brought most of the standing-room-only courtroom to tears. He said he has tried to be a kind and decent man and failed his own standards by committing a crime. He said the responsibility for his choices were his and he accepted the judge's decision.

Prosecutor Myhre did not sway from his call for a prison term, even after Whittemore's emotional statement. He said Whittemore knowingly put his employees and family at risk when he decided to commit a felony.

Whittemore's lifelong achievements are a factor, Hicks said, adding that he has never received so many powerful letters supporting a defendant.

But the backdrop is the criminal offense, he said.

"No one is above the law," Hicks said. "The evidence is unmistakable. There simply must be a just punishment."

Key dates

• 2007: Harvey Whittemore meets with Senate Majority Leader Harry Reid, D-Nev., and promises to raise $150,000 for his re-election bid.

June 2012: Whittemore is indicted on charges of making illegal campaign contributions to Reid, which included excessive contributions and contributions in the name of another person.

• May 29: After weeks of testimony, Whittemore is convicted on 3 of 4 counts against him, including using family and employees to funnel illegal campaign contributions to Reid.

• Sept. 30: Whittemore is sentenced to 24 months in federal prison and is fined $100,000.

• Jan. 31, 2014: Whittemore must report to federal prison.

Featured Weekly Ad