At all times relevant to the violations hereafter alleged, the following provisions of law and House Rules, as summarized, are relevant:

Clause 1 of the Code of Official Conduct (current House Rule 23) provides that "[a] Member . . . of the House shall conduct himself at all times in a manner that shall reflect creditably on the House."

Clause 2 of the Code of Official Conduct (current House Rule 23) provides that "[a] Member . . . of the House shall adhere to the spirit and the letter of the Rules of the House and to the rules of duly constituted committees thereof."

Clause 3 of the Code of Official Conduct (current House Rule 23) provides that "[a] Member . . . of the House may not receive compensation and may not permit compensation to accrue to his beneficial interest from any source, the receipt of which would occur by virtue of influence improperly exerted from his position in Congress."

Clause 2 of the Code of Ethics for Government Service provides that "[a]ny person in Government service should . . . [u]phold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion."

18 U.S.C. § 201(b)(1)(A) provides, in pertinent part, that "[w]hoever . . . directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent . . . to influence any official act" shall be fined or imprisoned, or both, as provided in Title 18 of the United States Code.

18 U.S.C. § 201(b)(2)(A) provides, in pertinent part, that "[w]hoever . . . being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for . . . being influenced in the performance of any official act" shall be fined or imprisoned, or both, asprovided in Title 18 of the United States Code.

18 U.S.C. § 201(c)(1) provides, in pertinent part, that

Whoever . . . otherwise than as provided by law for the proper discharge of official duty—

1. directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
2. being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;

shall be fined or imprisoned, or both, as provided in Title 18 of the United States Code.

18 U.S.C. § 371 provides that "[i]f two or more persons conspire to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both."

18 U.S.C. § 1503 provides, in pertinent part, that "[w]hoever . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in" Title 18 of the United States Code.

26 U.S.C. § 7206 provides in pertinent part that "[a]ny person who . . . [w]illfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter . . . shall be guilty of a felony and" shall be fined or imprisoned, or both, as provided in Title 18 of the United States Code.

1. ALLEGED VIOLATIONS

For each of the following alleged violations, the Investigative Subcommittee has determined there is "substantial reason to believe that a violation of the Code of Official Conduct, or of a law, rule, regulation, or other standard of conduct applicable to the performance of official duties or the discharge of official responsibilities by a Member, officer, or employee of the House of Representatives has occurred." See Rule 20(e), Rules of the Committee on Standards of Official Conduct.

At all times relevant to this Statement of Alleged Violation, James A. Traficant, Jr. was a Member of the United States House of Representatives representing the 17th District of Ohio. References to Representative Traficant’s farm refer to a farm located in or in the vicinity of Greenford, Ohio, operated by Representative Traficant and owned by Representative Traficant or a member or members of his family. References to Representative Traficant’s convictions of a criminal offense refer to the jury verdict in United States of America v. James A. Traficant, Jr., Criminal No. 4:01CR207, in the United States Court for the Northern District of Ohio, Eastern Division.

Count I: Conduct In Violation of Clause 1, Clause 2, and Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately December 1986 through approximately October 1996, Representative Traficant engaged in a course of conduct in which he agreed to and did perform official acts on behalf of Anthony Bucci, Robert Bucci, and companies they controlled, for which Anthony Bucci, Robert Bucci, companies they controlled, and others acting at their request agreed to and did provide Representative Traficant with things of value, including free labor, materials, supplies, or equipment for use at Representative Traficant’s farm. Through this course of conduct – for which Representative Traficant was convicted of conspiracy to violate the federal bribery statute (see 18 U.S.C. §§ 201(b)(1)(A), 201(b)(2)(A), and 371) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

Count II: Conduct In Violation of Clause 1, Clause 2, and Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately April 1999 through approximately late April 2000, Representative Traficant engaged in a course of conduct in which he agreed to and did perform official acts on behalf of Arthur David Sugar, Mr. Sugar’s son, and companies Mr. Sugar controlled, for which Arthur David Sugar and companies he controlled, and others acting at his request, agreed to and did provide Representative Traficant with things of value, including free labor, materials, supplies, or equipment for use at Representative Traficant’s farm. Through this course of conduct – for which Representative Traficant was convicted of conspiracy to violate the federal bribery statute (see 18 U.S.C. §§ 201(c) and 371) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

Count III: Conduct In Violation of Clause 1, Clause 2, and Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately November 1997 through approximately March 2000, Representative Traficant engaged in a course of conduct in which he agreed to and did perform official acts on behalf of James J. Cafaro, U.S. Aerospace Group, LLC ("USAG"), and/or other persons or entities affiliated with USAG, for which James J. Cafaro, companies he controlled, and others acting at his request, agreed to and did provide Representative Traficant with things of value. The aforementioned things of value included numerous meals, a welder, a generator, the loan or provision of automobiles, and/or the payment for repairs, slip fees, and related expenses for Representative Traficant’s boat. As part of the aforementioned course of conduct, Representative Traficant, John J. Cafaro, and others engaged in a scheme under which John J. Cafaro would use his own or company funds to purchase Representative Traficant’s boat, but make it falsely appear that an employee of USAG was purchasing the boat in his individual capacity. In connection with this scheme, John J. Cafaro provided the funds necessary to reimburse the employee for thousands of dollars in funds expended for boat repairs and slip fees, and gave Representative Traficant an envelope containing $13,000 in cash, representing approximately one-half of the purchase price of the boat. Through this course of conduct – for which Representative Traficant was convicted of conspiracy to violate the federal bribery statute (see 18 U.S.C. §§ 201(c) and 371) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately November 1998 through approximately January 2000, Representative Traficant engaged in a course of conduct in which he agreed to and did employ Raymond Allen Sinclair as a member of Representative Traficant’s congressional district staff, for which Raymond Allen Sinclair agreed to and did provide Representative Traficant with things of value, including (1) an agreement to rent additional office space to Representative Traficant for use as a congressional district office, and (2) the payment by Raymond Allen Sinclair of $2,500 per month of his congressional salary to Representative Traficant. Through this course of conduct – for which Representative Traficant was convicted of conspiracy to violate the federal bribery statute (see 18 U.S.C. §§ 201(c) and 371) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately November 1998 through approximately January 2000, Representative Traficant demanded, sought, received, accepted and agreed to receive and accept $2,500 per month from the congressional salary of Raymond Allen Sinclair for or because of Representative Traficant’s official acts of hiring and continuing to employ Raymond Allen Sinclair on his congressional staff and of renting and continuing to rent space used by Representative Traficant as a congressional office. Through this conduct – for which Representative Traficant was convicted of receiving an illegal gratuity in violation of the federal bribery statute (see 18 U.S.C. § 201(c)(1)(B)) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

From approximately January 21, 2000 until approximately February 29, 2000, Representative Traficant endeavored to persuade Raymond Allen Sinclair to destroy evidence and to provide false testimony and information to a federal grand jury. Through this conduct – for which Representative Traficant was convicted of violating the federal obstruction of justice statute (see 18 U.S.C. § 1503) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) acted to evade the laws and legal regulations of the United States in violation of Clause 2 of the Code of Ethics for Government Service.

From approximately the late 1980’s until approximately early 2000, Representative Traficant engaged in a course of conduct in which he defrauded the United States of money and property (1) by soliciting and accepting payments from the salaries of congressional employees (including Raymond Allen Sinclair), which salaries were drawn from funds of the United States Treasury; (2) by directing members of his congressional staff to perform personal labor and services to maintain and repair Representative Traficant’s boat, and which personal labor and services were performed by members of his congressional staff for no compensation other than their congressional salaries; and (3) by having members of his congressional staff perform personal labor and services at Representative Traficant’s farm, which personal labor and services were performed by members of his congressional staff for no compensation other than their congressional salaries, and which labor and services included baling hay, running and repairing farm equipment, maintaining and repairing structures on the farm, building a horse corral, converting a corn crib to another use, electrical repair, or plumbing repair. Through this conduct – for which Representative Traficant was convicted of conspiracy to defraud the United States (see 18 U.S.C. § 371) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); and (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23).

Count VIII: Conduct In Violation of Clause 1 of the Code of Official Conduct (current House Rule 23), and Clause 2 of the Code of Ethics for Government Service.

On approximately April 15, 1999, Representative Traficant made and subscribed a joint U.S. Individual Income Tax Return, Form 1040 on behalf of himself and his wife for the calendar year 1998, which income tax return was verified by a written declaration by Representative Traficant that was made under the penalties of perjury, and was filed with the Internal Revenue Service. Representative Traficant did not believe the aforementioned income tax return to be true and correct as to every material matter in that he knew and believed that the true and correct amount of his and his wife’s total income was substantially in excess of the reported amount of $138,985. Through this conduct – for which Representative Traficant was convicted of filing a false tax return (see 26 U.S.C. § 7206(1)) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); and (2) acted to evade the laws and legal regulations of the United States in violation of Clause 2 of the Code of Ethics for Government Service.

On approximately October 16, 2000, Representative Traficant made and subscribed a joint U.S. Individual Income Tax Return, Form 1040 on behalf of himself and his wife for the calendar year 1999, which income tax return was verified by a written declaration by Representative Traficant that was made under the penalties of perjury, and was filed with the Internal Revenue Service. Representative Traficant did not believe the aforementioned income tax return to be true and correct as to every material matter in that he knew and believed that the true and correct amount of his and his wife’s total income was substantially in excess of the reported amount of $140,163. Through this conduct – for which Representative Traficant was convicted of filing a false tax return (see 26 U.S.C. § 7206(1)) – Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); and (2) acted to evade the laws and legal regulations of the United States in violation of Clause 2 of the Code of Ethics for Government Service.

Count X: Continuing Pattern and Practice of Conduct In Violation of Clause 1, Clause 2, and Clause 3 of the Code of Official Conduct (current House Rule 23), and Clause 2 of the Code of Ethics for Government Service.

Representative Traficant engaged in a continuing pattern and practice of official misconduct, through which he misused his office for personal gain, and which comprised the following instances of conduct, or any combination thereof: the instances of conduct alleged in each of Counts I, II, III, IV, V and VII, above, separately and inclusive; and/or the course of conduct, during approximately 1990 through approximately 1998, in which Representative Traficant agreed to and did perform official acts on behalf of Pete Bucheit, for which Bernard "Pete" Bucheit and companies he controlled agreed to and did provide Representative Traficant with things of value, including free labor and materials for use at Representative Traficant’s farm. Through this continuing pattern and practice of misconduct Representative Traficant (1) acted in a manner that did not reflect creditably on the House of Representatives in violation of Clause 1 of the Code of Official Conduct (current House Rule 23); (2) failed to adhere to the spirit and letter of the Rules of the House in violation of Clause 2 of the Code of Official Conduct (current House Rule 23); (3) received compensation and permitted compensation to accrue to his beneficial interest, the receipt of which occurred by virtue of influence improperly exerted from his position in Congress in violation of Clause 3 of the Code of Official Conduct (current House Rule 23); and (4) failed to uphold the laws and legal regulations of the United States in violation of Clause 2 of the Code of Ethics for Government Service.