Prosecution attacks 'consulting fee' defense{ John Ford - TN Waltz }

Memphis Commercial Appeal ^ | 4/20/7 | Trevor Aaronson

[SmithL]

Questioning state Senate Chief Clerk Russell Andrew Humphrey this morning, Asst. U.S. Atty. Tim DiScenza used the bureaucrat to help him assault former state Sen. John Ford’s trial defense that cash payments he received were for legitimate consulting work.

"Can he receive consulting fees?" DiScenza asked Humphrey.

"Senators cannot receive any fees for the performance of official duties under ethics law," Humphrey responded flatly.

"Would it change if he called (the payments) by any particular name?"

"If it’s compensation, no matter what it’s called, for official duties, it would be a violation of Rule 85 (ethics rule)," Humphrey said.

Ford, 64, is accused of accepting $55,000 in bribes from an FBI shell company, E-Cycle Management, to draft and support legislation favorable to the company.

With Humphrey on the stand, DiScenza submitted Ford’s 2004 financial disclosure form into evidence. The federal prosecutor noted a word on the first page: "Amended."

DiScenza asked Humphrey what that meant. "My recollection is that he added the term consulting under question four," the Senate clerk responded. That question asks elected officials to state the types of businesses in which they are employed.

Ford amended his financial disclosure in February 2005, Humphrey said. That month is crucial to the prosecution’s timeline. According to audiotapes submitted in trial, Ford in February 2005 said state Sen. Roscoe Dixon -- who was convicted as a result of Tennessee Waltz -- and others warned him to be wary of E-Cycle. Also in February 2005, according to the prosecution, Ford threatened to kill FBI informant Tim Willis if he discovered the man was working with the government.

In another area of the 2004 financial disclosure form, Ford was asked to list all people for whom he "prepared, promoted, opposed legislation or proposed legislation for current or deferred remuneration."

Ford wrote in black ink: "None."

[TheRiverNile]

thanks for posting

[GailA]

Businesses don’t pay in cash, especially that large amount. The only companies that do pay in cash are trying to hide something from the law.