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Crime

Arizona's ex-Rep. Rick Renzi gets 3-year prison term

Dennis Wagner
USA TODAY
Rep. Rick Renzi, R-Ariz., right, listens to his lead attorney, Reid Weingarten, during a 2008 news conference at U.S. District Court in Tucson, Ariz.
  • Rick Renzi spent 3 terms in Congress representing Arizona%27s 1st Congressional District
  • A federal grand jury indicted him Feb. 22%2C 2008%2C and subsequently he decided not to run again
  • The New Jersey native%2C insurance broker%2C real-estate investor is married with 12 children

A former Arizona congressman, convicted in June on 17 counts of extortion, racketeering and other federal charges, was sentenced Monday to three years in prison.

Former GOP Rep. Rick Renzi, 55, served Arizona's 1st Congressional District from 2003 until 2008 when he chose not to seek re-election while under indictment. He held a coveted seat on the House Intelligence Committee at the time of his indictment for public corruption.

Renzi, who is expected to appeal, was allowed to remain free following the hearing but must report to the Federal Bureau of Prisons to begin serving his time Jan. 6. As Renzi left the courtroom, his lawyer, Kelly Kramer, said the former lawmaker had been battling the charges for seven years, "and will continue the fight."

"Mr. Renzi abused the power and the corresponding trust that come with being a member of Congress by putting his own financial interests over the interests of the citizens," said acting Assistant Attorney General Mythili Raman of the Justice Department's Criminal Division. "He fleeced his own insurance company to fund his run for Congress and then exploited his position for personal gain."

Renzi's sentencing caps criminal proceedings that dragged on for more than five years. In June, after a 24-day trial, he was found guilty on two sets of charges. In one scheme, prosecutors said he embezzled client money from his southern Arizona insurance brokerage, funneled the money into his first election campaign and sought to cover up the crime.

In the second conspiracy, Renzi is accused of committing extortion while trying to orchestrate a swap of U.S. government land for an alfalfa farm near Sierra Vista, Ariz., that belonged to a business partner who owed him money. A deal ultimately was consummated and Renzi paid off a $733,000 debt by his associate, James Sandlin, who also was convicted.

Sandlin, 62, was convicted on 13 counts including conspiracy, wire fraud, extortion and money laundering and sentenced to 18 months in prison.

At 58,714 square miles, Renzi's 1st Congressional District was the largest in the state encompassing all or part of eight of Arizona's 15 counties. In his most recent re-election in 2006, he received 52% of the vote.

The outcome of Renzi's indictment verifies that, no matter how long it takes, "justice will be served," Assistant U.S. Attorney Gary Restaino said.

Renzi, now listed as a Virginia resident, was a real-estate developer, vineyard owner, insurance broker and lawyer who lived in Flagstaff, Ariz. In Congress, he gained the reputation as a conservative Roman Catholic with strong views against abortion. He is married with 12 children.

Renzi, who did not testify, delivered a brief statement during the hearing but did not admit guilt or express remorse. An adult son, Ron, pleaded with Judge David Bury to forego a prison sentence saying his dad "has been our hero."

As Bury handed down the sentence, he remarked: "I'm not wise enough to know why good people do bad things. I think character and avarice have something to do with it. That's what happened here: Two good men committed bad acts."

Renzi was acquitted on 15 counts but found guilty on a number of charges that carried potential sentences of up to 20 years, including racketeering, conspiracy, money-laundering and wire fraud.

Bury ruled that under federal sentencing guidelines, Renzi faced a prison term ranging from 97 months to 121 months, but the ultimate punishment was reduced because of mitigating circumstances.

Defense lawyers Kelly Kramer and Chris Niewoehner had requested a sentence of less than 33 months. In court filings, they portrayed Renzi as a man "dedicated to his family, his community and his faith." They also argued that despite the multiple felonies while in office, he "helped to improve the lives of many constituents."

Federal prosecutors asked for a sentence of 9 to 12 years plus a $100,000 fine. In his pre-sentence filing, Restaino wrote that the former congressman abused his office and authority for years.

"Renzi's pattern of criminal behavior, further littered by his attempts to cover up orblame others, denigrates the office he held as well as our political system at large," Restaino wrote. "In this case, Renzi has displayed a consistent and craven avoidance of responsibility."

Renzi has proclaimed his innocence throughout the saga that became public seven years ago with news leaks of a pending indictment. At trial, his lawyers suggested the insurance money was merely borrowed and insisted that no clients lost money.

The defense lawyers also argued that the proposed real-estate exchange was a sound legislative effort to protect the San Pedro River, benefit the Fort Huachuca Army base and enable development of a huge copper mine near Superior, Ariz.

The scandal surrounding Renzi likely played a role in stymieing Resolution Copper Mining's plans to develop one of the largest ore-extraction operations in the world.

During the Renzi case, FBI agents and prosecutors were accused of misconduct, and a major constitutional question came up on whether a sitting U.S. congressman is immune to federal corruption probes.

Defense lawyers succeeded in getting wiretap evidence thrown out because FBI agents improperly eavesdropped on the congressman's phone conversations with his lawyers, then misled the judge about their activities.

However, Renzi's lawyers failed to have most of the charges dismissed based on the Constitution's so-called "speech-or-debate" clause, which bans the executive branch from investigating or prosecuting a member of Congress engaged in legislative activities.

After the conviction, Renzi's legal team filed motions to have the conviction overturned or a new trial granted, based on assertions that Restaino knowingly allowed witnesses to provide false testimony that was critical in the case.

The judge concurred that some prosecution witnesses made false statements in court, but he rejected the motion. He found that the testimony was not crucial, and that there was "no evidence of outright misconduct."

Kramer said all of the previously disputed legal issues may be raised with the 9th U.S. Circuit Court of Appeals in San Francisco. He also said defense attorneys may ask that Renzi, who has spent no time in jail so far, remain free on bond pending the appeals.

Dennis Wagner also writes for The Arizona Republic. Contributing: The Associated Press

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