Whitewater
Jim Guy Tucker Plea Agreement
This agreement allowed former Arkansas governor Jim Guy Tucker to protect himself against further prosecution by independent counsel Kenneth Starr in return for a guilty plea to charges of defrauding the federal government by filing misleading bankruptcy papers. In return for the two dropped counts, the February 20, 1998 plea required that Tucker cooperate with Starr's Whitewater investigation and potentially to testify at trial for Starr. Since the plea, Tucker has appeared before Starr's Little Rock grand jury to give testimony, presumably about his knowledge of Arkansas land deals in which Tucker was involved and which may have included involvement by President Clinton or Hillary Rodham Clinton.
Tucker said he agreed to the plea in order to save himself a prison term, which he said would have been a "death sentence" due to his ailing health. He will likely receive probation instead and will have to pay some back taxes.
Coverage of Jones v. Clinton | Coverage of Starr's investigation
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
UNITED STATES OF AMERICA
V.
No. LR-CR-95-117
JIM GUY TUCKER
PLEA AGREEMENT
This Plea Agreement between the United States, by and
through the Independent Counsel, KENNETH W. STARR, and his
undersigned associates, and the Defendant, JIM GUY TUCKER and his
attorneys, William H. Sutton and George D. Collins, is made
pursuant to Rule 11(e)(1)(C) of the Federal Rules of Criminal
Procedure.
This Plea Agreement is entirely voluntary and represents the
entire agreement between the United States and the Defendant
regarding the Defendant's criminal liability in case No. LR-CR-
95-117.
This Plea Agreement resolves all of the Defendant's criminal
liability involving those events set forth in the Indictment,
including all criminal charges of conspiring to defraud the
United States as set forth in Count Three. Nothing herein shall
limit or in any way waive or release any civil claim, demand or
cause of action, whatsoever, of the United States or its agencies
relating to the conduct of the Defendant set forth in the
Indictment in this case. This Agreement is limited to matters
within the jurisdiction of the Independent Counsel, and cannot
bind other federal, state, or local prosecuting, administrative,
or regulatory authorities except as expressly set forth in this
Agreement.
Upon the entry of the guilty plea to Count Three of this
Indictment, the United States agrees that there will be no
further federal criminal charges brought against the Defendant,
JIM GUY TUCKER, provided he complies with all the conditions set
forth in this agreement.
Further, the United States agrees in the event Mr. Tucker's
conviction in the first case, U.S. v. McDougal, Tucker &
McDougal, Case No. LR-CR-95-173, is reversed on appeal, there
will be no retrial as to Mr. Tucker.
The United States and the Defendant, JIM GUY TUCKER, and his
attorneys, William H. Sutton and George B. Collins, agree upon
the following:
1. The Defendant will enter a plea of guilty to Count
Three of the Indictment in this case. Upon sentencing of the
Defendant an Count Three of the Indictment, the United States
will move to dismiss Counts One and Two of the Indictment.
2. The Defendant will plead guilty because he is in
fact guilty of the charge contained in Count Three of the
Indictment.
3. The Defendant understands that Count Three of the
Indictment to which he will plead guilty carries a maximum
statutory penalty of five years imprisonment; a fine of
$250,000.00, or an alternative fine based on gain or loss; three
years of supervised release; and any restitution ordered by the
Court.
4. The Defendant agrees to fully and completely
cooperate with the United States and provide complete, accurate
and truthful information and testimony as to any matter within
the jurisdiction of the Office of the Independent Counsel before
any trial jury or grand jury if called as a witness before su@h
tribunal. The Defendant will provide this cooperation on a
continuing basis for as long a time as it may be needed, and his
continuing cooperation is required for his compliance with the
Agreement. The Defendant will neither attempt to protect any
person or entity through false information or omission, nor
falsely implicate any person or entity. The Defendant will, at
all times, tell the truth in any interviews, or as a witness,
regardless of who asks the questions. The Defendant understands
that a failure to provide complete and truthful information and
testimony would be a breach of this Plea Agreement and that a
false statement under oath would subject him to prosecution for
perjury.
5. The Defendant agrees to continue to provide
truthful information and will provide full and complete
cooperation, as set forth in paragraph 4 above. It is
anticipated that such cooperation by the Defendant may include
testifying truthfully in any trial of his co-defendant in this
case. It is further anticipated that the value of said
cooperation, not only as to this case but also as to other
matters within the Independent Counsel's jurisdiction, will
constitute substantial assistance to the United States. In that
event, the United States will move pursuant to Section 5K.1.1 for
a downward departure from the Sentencing Guidelines to the extent
set forth in paragraph 8 of this Agreement.
6. In the event the Defendant JIM GUY TUCKER does not
complete his cooperation as described herein, the United States
shall have the right to terminate this Agreement and to re-
instate all Counts of the Indictment in LR-CR-95-117, and
Defendant JIM GUY TUCKER shall and does hereby waive any claim
under any statute of limitations to the continued prosecution of
LR-CR-95-117.
7. The Defendant understands and agrees that should
he violate this Agreement or any provision thereof, or withdraw
his guilty plea that any statements by him made during interviews
with Government agents and plea negotiations shall be admissible
for impeachment purposes should he later testify, at his criminal
trial on this Indictment, but not otherwise.
8. The Defendant agrees to cooperate with the
Internal Revenue Service to ascertain and collect any and all
income tax liabilities for 1988, and will undertake to pay all
appropriate taxes, interest and penalties determined to be due
and owing the Internal Revenue Service. The Defendant further
agrees to provide to the United States and the United States
Probation Office a complete financial disclosure, and further
agrees not to assert the bar of the statute of limitations
against the assessment and collection of any income tax
liabilities for the years 1988. Nothing in this Agreement shall
limit the Internal Revenue Service in its assessment and
collection of said taxes, interest, or penalties from the
Defendant.
9. Pursuant to Federal Rule of Criminal Procedure
ii(e)(1)(C), it is agreed by the United States, and by the
Defendant, and his attorneys, that upon the entry of a plea of
guilty to Count Three of the Indictment, the following sentence
is the appropriate disposition in this case as to the Defendant:
a. The Defendant shall be placed on probation
for a term to be determined by the Court. In view of the fact
that the defendant has just completed a period of 18 months home
detention in Case No. LR-CR-95-173, there shall be no additional
home confinement.
b. The Defendant shall be subject to such fine
as may be imposed by the Court, in accordance with the Sentencing
Guidelines with a payment schedule to be determined by the United
States Probation Office; and
C. The Defendant shall be ordered to pay
restitution in an amount consistent with paragraph d. below.
d. The Defendant understands and agrees that the
Court shall impose an Order of Restitution based on the loss
sustained by the United States as a result of the offense to
which the Defendant has agreed to plead guilty. The United
States and the Defendant agree that Defendant should not be
liable for payment of the full amount of loss sustained by the
United States, but that he should be liable for an appropriate
portion of such loss. In accordance with 18 U.S.C §§ 3663,
3664(h) and U.S.S.G. Section 5El.l, the parties agree that such
appropriate portion, to be determined by the Court, will reflect
Defendant's level of contribution to the Government's loss of tax
revenue pursuant to Count Three of the Indictment and the
economic circumstances of the Defendant. Such appropriate
portion, however, will not exceed the tax benefit gained by the
Defendant as a result of the offense contained in Count Three of
the Indictment.
10. The Defendant understands that in accordance with
Title 18, U.S.C. § 3013, upon entry of judgment of conviction for
Count Three, the Defendant will be assessed $50.00, in addition
to any other penalty imposed.
11. The Defendant may travel during the period of his
probation in connection with his business out of the Eastern
District of Arkansas, including travel to foreign countries.
12. Sentencing in this matter will be scheduled in
accordance with the normal timing of dispositions in criminal
cases in this District.
13. The United States agrees that the Defendant's
present bond arrangements should be continued pending sentencing.
14. If the Court refuses to accept this Plea Agreement
and the Defendant's plea of guilty to Count Three of the
Indictment, this Agreement shall become null and void and neither
party will be bound hereto. The parties agree that in such event
all statements made by the Defendant, in conjunction with the
negotiations of this Agreement, or during his cooperation with
the United States as set forth in paragraph 4 above will be
inadmissible against the Defendant in any subsequent criminal,
civil or administrative proceeding, including for impeachment
purposes.
15. The Defendant acknowledges that he has read this
Agreement and carefully reviewed each provision with his
attorneys. The Defendant further acknowledges that he fully
understands and voluntarily accepts each and every term and
condition of this Agreement.
AGREED THIS DATE: February 20, 1998
KENNETH W. STARR
Independent Counsel
By:
W. Hickman Ewing, Jr. JIM GUY TUCKER
Deputy Independent Counsel Defendant
Thomas W. Dawson William H. Suttorf
Associate Independent Counsel Attorney for Defendant
Mark Barrett George B. Collins
Associate Independent Counsel Attorney for Defendant
|