Although we haven't posted every court document from
USA v. Fraser Verrusio, we have been watching for them. The government recently responded to various defense motions that the ACR Blog read but did not find interesting enough to blog about. In fact, the
government's response is largely unremarkable
1 except for fact that we learn about one individual. We learn who
Lobbyist F /
Person #1 is. Lobbyist F / Person #1 had previously been identified only as a lobbyist for United Rentals. Today, we have a name to report:
Todd Ehrlich.
From last week's government response (page 22):
In request 1(a) Verrusio seeks, “The identity of the ‘others known ... to the grand jury’ to have allegedly also participated in the conspiracy.” (Docket No. 15 at 4). The other person known to have participated in the conspiracy is Todd Ehrlich, who is referred to in the indictment as “Person #1.”
Notice that Mr. Ehrlich is "known to have participated in the conspiracy". According to the DoJ, Mr. Ehrlich conspired in a scheme of "accepting illegal gratuities (by the legislative staffers) in violation of 18 U.S.C. § 201(c)(1)(B); and offering and providing illegal gratuities (by the lobbyists) in violation of 18 U.S.C. § 201(c)(1)(A)." (Gov't Response, p. 2).
According to a footnote on page 19 of the government's response, all of Mr. Verrusio's co-conspirators have signed cooperation agreements and will be able to testify at trial. Page 2 of the government's response lists the co-conspirators by title. In addition to Mr. Ehrlich, the other co-conspirators were Trevor Blackann, Todd Boulanger, and James Hirni. Messrs. Blackann, Boulanger and Hirni have pled guilty to felonies and, as part of their plea agreements, have agreed to cooperate with the government. To the best of our knowledge, Mr. Ehrlich has not pled guilty to any crime. Nevertheless, Mr. Ehrlich has signed a cooperation agreement. The ACR Blog wonders if Mr. Ehrlich has been immunized from prosecution, and, as part of the immunity package, Mr. Ehrlich has pledged his cooperation.
Let's review other court documents in
USA v. Fraser Verrusio and other cases related to the Jack Abramoff scandal to see what exactly Mr. Ehrlich did.
October 18 and 19, 2003, defendant VERRUSIO, together with Blackann, Hirni, and [Ehrlich], used a chauffeured, seven-passenger sport utility vehicle, which took defendant VERRUSIO and the others to points throughout the city of New York, with defendant VERRUSIO's pro-rata share costing approximately $275. (Verrusio Indictment; paragraph 18b)
During the dinner2 on October 18, 2003, defendant VERRUSIO, Blackann, Hirni, and [Ehrlich] discussed the Federal Highway Bill and [United Rentals]. (Verrusio Indictment; paragraph 18e)
October 18, 2003, defendant VERRUSIO, Blackann, Hirni, and [Ehrlich] attended Game One of the Baseball World Series using tickets provided by [Ehrlich] with an individual face value of $110. (Verrusio Indictment; paragraph 18f. The plain language says that Mr. Ehrlich provided World Series tickets to public officials Fraser Verrusio and Trevor Blackann.)
October 30, 2003, [Ehrlich] instructed defendant HIRNI to submit expenses from the World Series Trip to [United Rentals]. (Jim Hirni Factual Basis; paragraph 17)
November 5 through November 11, 2003, defendant HIRNI, [Boulanger], Blackann, and [Ehrlich] sought to identify a Member of the EPW Committee who would be willing to offer Equipment Rental Amendment and Liability Insurance Amendment to the Federal Highway bill. (Jim Hirni Factual Basis; paragraph 18)
November 2003, Blackann, Boulanger, Hirni, and [Ehrlich] caused the three amendments sought by [United Rentals] to be inserted into the Senate version of the Federal Highway Bill. (Verrusio Indictment; paragraph 21)
January 2004, defendant VERRUSIO, Blackann, Boulanger, Hirni, and [Ehrlich] took steps to protect the [United Rentals] Amendment, which by that time had been inserted into the Senate version of Federal Highway Bill, from a challenge being mounted by small business owners and companies which sold and distributed - rather than rented - construction equipment (the "Equipment Distributors"). The steps taken to protect the [United Rentals] Amendment included, among other things, the following:
a. On January 13, 2004, [Ehrlich] forwarded to others at the Equipment Rental Company an email that a representative of the Equipment Distributors had sent to Blackann, alerting his colleagues to the Equipment Distributors' lobbying effort to remove the [United Rentals] Amendment from the Federal Highway Bill, and informing them, "Our guys don't think it is going to be a problem. We have a much stronger relationship and we are already in the bill, and soon to be in the house bill too."
Mr. Ehrlich's title at United Rentals was Director of Security, but court documents clearly allege that Mr. Ehrlich performed actions that the ACR Blog would consider to be lobbying of public officials.
Mr. Ehrlich was not a man who had the misfortune of attending the World Series with three people who either pled guilty to felonies and, in the case of Mr. Verrusio, currently under indictment.
Mr. Boulanger's Factual Basis reports that Mr. Ehrlich was the primary contact at United Rentals for both Mr. Boulanger and Mr. Hirni (paragraph 9). Mr. Ehrlich repeatedly performed lobbying-related acts. According to
Mr. Blackann's Factual Basis:
[Hirni and Ehrlich] lobbied defendant BLACKANN for official action beneficial to [United Rentals] before, during and after the [World Series] trip. (Paragraph 9)
At the time [Blackann] received these things of value from [Boulanger, Hirni and Ehrlich], defendant BLACKANN knew the lobbyists gave these things of value because of official action they were seeking from him or had obtained from him, and defendant BLACKANN knowingly accepted the things of value for or because of official action the lobbyists were seeking or had been provided. (Paragraph 10)
Since Mr. Ehrlich was so deeply involved in this aspect of the Abramoff scandal, the ACR Blog wonders why the Justice Department did not hold Mr. Ehrlich to the same level of accountability as his co-conspirators.
==Even outside of events related to the Abramoff scandal, Mr. Ehrlich is a colorful figure. He is a former Navy SEAL, and the ACR Blog respects his service to the country. Mr. Ehrlich was also a
witness in a murder case where he testified about his knowledge of an instance of group sex involving the two murder defendants.
=========1 OK, maybe not entirely unremarkable. Notice that public defender A.J. Kramer is the only defense attorney listed as receiving the government's response. What happened to
Sabita Soneji, Mr. Verrusio's pro bono attorney from Baker Botts?
2 The Verrusio indictment does not make it clear who paid for the October 18, 2003 dinner. However, the
Jim Hirni's Factual Basis for Plea states that Mr. Ehrlich paid for the meal (paragraph 11d).