Mike hubbard indictment mueller
The Mike Hubbard case: Breaking lay over the charges
While Alabama House Lecturer Mike Hubbard faces 23 offence ethics charges, many of loftiness counts cover the same actions.
Below, a summary of the toll bill of fare the Auburn Republican faces, righteousness background, and what prosecutors most important Hubbard’s defense team has vocal about them.
Counts 1 through 4: Craftmasters and the Auburn Network
The charges: Prosecutors accuse Hubbard of acquisition his position as Alabama Self-governing Party chairman to steer Party business to the Auburn Net, Hubbard’s consulting firm, and Craftmasters, an Auburn-based printing firm rove Hubbard holds a partial bring round in.
The charge comes make a mistake a law preventing public authorities from gaining personal benefit alien their position.
The background: Hubbard served as chairman of the River Republican Party from 2007 break into 2011, helping the GOP increase by two control of the Legislature confine 2010. In 2012, then-chairman Invoice Armistead commissioned an audit possession party spending during the ambition that found that close cap $800,000 in printing business went to Craftmasters.
Hubbard pushed need release of the report.
Prosecutors: Prize open a February 2015 filing, prosecutors said the business meant ditch Hubbard aimed to “essentially embezzle” party money. Prosecutors cite emblematic email where one consultant vocal they were being “forced” brand use Craftmasters despite what they said was higher prices ready the company.
Hubbard: Hubbard said high-mindedness contract with Craftmasters allowed economies of scale that saved integrity party money.
In a Sep 2015 filing challenging the constitutionality of the Ethics Act style applied to Hubbard, Mark Pasty, then an attorney for Writer, did not address the press out actions but argued that civil parties had the right adorn the First Amendment to lay out their money as they apothegm fit.
Counts 5 and 6: Depiction American Pharmacy Cooperative Inc.
The charges:
Prosecutors imputation Hubbard of attempting to intercalate language into the 2014 Regular Fund budget that would take made the American Pharmacy Cooperative Inc.
(APCI), one of his patronage, the only firm that would have been able to directive on a Pharmacy Benefit Proprietor (PBM) discussed at the ahead for the state’s Medicaid curriculum, and then voting for dignity budget with the language make out it. The charge falls subordinate to a law forbidding officials running off voting for legislation “in which he or she knows correspond to should have known that sharp-tasting or she had a trouble of interest.”
The background: Hubbard challenging a $5,000-a-month consulting contract traffic APCI, signed in June 2012 that included a provision range prevented Hubbard “from providing depiction services of consultant ...
middle the state of Alabama.” Honourableness speaker voted for a legend of the General Fund dismantle that included the language, which ultimately came out of probity final budget.
Prosecutors: Prosecutors say APCI resisted the implementation of systematic PBM at first but break off the spring of 2013 gave suggested budget language to then-Rep.
Greg Wren, R-Montgomery, that would have made APCI the unique entity that could successfully produce on such a program. Prosecutors say Hubbard or his rod was present during discussions personage the language and cite information bank April 19, 2013, letter bring forth APCI President Tim Hamrick thanking Hubbard for preventing “a lax, out-of-state pharmacy benefit manager be bereaved taking over the pharmacy document in Medicaid.” Wren, who pleaded guilty to a misdemeanor behaviour charge over the issue bracket resigned his seat, could say on the issue.
Hubbard: Hubbard has said his work on magnanimity APCI contract only involved out-of-state issues.
White wrote in fillet September filing the speaker sincere not have a conflict another interest as defined in status law because he did distant hold a leadership role subjugation ownership stake in the accommodate and because there was pollex all thumbs butte guarantee APCI would have won a contract and the fiscal benefits of it.
Counts 7 use up 9: The Southeast Alabama Propellant District (SEAGD)
The charges:
Prosecutors accuse Writer of using his position laugh Speaker to secure a $12,000-a-month consulting contract with the Southeastern Alabama Gas District (SEAGD) put up with of lobbying Gov.
Robert Bentley and Alabama Department of Trade Secretary Greg Canfield for projects SEAGD supported. The charge cataract under laws banning personal assist and banning members of depiction Legislature from lobbying executive shoot officials.
Background: Hubbard signed the commitment with SEAGD in 2012. Justness Alabama Ethics Commission approved nobleness arrangement, noting it was passion work “done by various staff of the Legislature,” but with a caveat that Hubbard could not vote on items one of a kind to SEAGD or use “his position or the mantle take away his office” to get consulting clients or advance SEAGD transnational.
In letters sent to SEAGD President and CEO Greg Henderson during the spring of 2012, Hubbard outlined efforts to unobtrusive a truck assembly plant reckon Abbeville, including meetings with Bentley and Canfield. In one character, Hubbard wrote “the Governor enduring to me that he longing provide the resources necessary” be first that “Secretary Canfield told receive that the governor had communicated that same message to him.” In another, Hubbard said undecorated executive with a South Asiatic tire company believed “that leaden role in government would nude a great deal and assign Alabama at the top possess list” for an economic course project.
Prosecutors: Prosecutors say Hubbard “used his mantle of office” appendix advance SEAGD interests, citing government comments on the South Asian executive.
Among other items, prosecutors cite a photo taken drug the speaker in 2013 pressgang the Paris Air Show – a trip SEAGD compensated Writer for – that show him wearing a name tag church him as the Speaker some the Alabama House of Representatives.
Hubbard: Hubbard canceled the SEAGD solicit in August 2013, about yoke days after prosecutors began interviewing potential jurors for the lavish jury that investigated and, compact Oct.
2014, indicted the keynoter. White wrote in his Sep filing that Hubbard and SEAGD “took all reasonable steps” like ensure the legality of decency contract. White also wrote meander “nothing in the documentation” showed Hubbard using the mantle show consideration for his office in advancing SEAGD interests, or “anything other outshine what a good economic event consultant would do.” White too wrote it was “unreasonable” elect expect third parties to pule recognize his public and hidden roles.
Counts 10 through 14: Edgenuity and CV Holdings
The charges: Prosecutors accuse Hubbard of using coronet office to solicit a $7,500 a month consulting contract stranger Edgenuity, an online and mixed learning company.
The remaining counts accuse Hubbard of using top office to solicit a $10,000 a month contract with Profile Holdings LLC, a cup developed company, and of lobbying be bothered branch officials on their behalf.
The background: Hubbard signed the Edgenuity contract in April 2012 be first the contract with CV Means that September.
Edgenuity officials entitled Hubbard “our contact for Homestead Speakers in all 50 states.” In another email, the keynoter said he had spoken cotton on then-State Schools Superintendent Tommy Bice about an Edgenuity product, stream a third says Hubbard helped Edgenuity with work in Southbound Carolina. Hubbard also appears puzzle out have helped CV Holdings sheltered a patent, and spoken swop Bentley and Canfield about Life Holdings using a training center.
Prosecutors: While saying Hubbard used realm “mantle of office” to determined the contracts, prosecutors also criminate Hubbard of using two retard his employees – then-chief have a hold over staff Josh Blades and provided that assistant Kristen Hull – on hand work on the CV Assets contract.
Hubbard: White wrote in Sept that Hubbard’s contract with Edgenuity focused on out-of-state issues forward that Edgenuity checked the corporate with the Ethics Commission earlier entering the arrangement with Writer.
White also wrote the Life history Holdings contract resembled the SEAGD contract approved by the Need Commission.
Counts 15 through 23: Petitioning jobs and investments from lobbyists, friends, and associates
The charges:
The greatest portion of Hubbard’s indictment breaks down into two areas.
Counts 15 to 19 charge Author with seeking $150,000 investments exclaim Craftmasters from Jimmy Rane, foreman of the Great Southern Home and dry Company; James Holbrook, former Executive of Stern Agee, a City investment bank; Will Brooke, elder partner at the Birmingham-based stake mil beleaguering firm of Harbert Management Crowded and a Business Council vacation Alabama board member, and Parliamentarian Burton, present of Birmingham-based Grey-haired Construction.
Hubbard is also malefactor of soliciting an unspecified inadequately of money from Montgomery pressurize Dax Swatek.
The remaining counts allege Hubbard of seeking consulting craft from former Gov. Bob Poet and his daughter, Minda Poet Campbell, both lobbyists; BCA Chief honcho Bill Canary and Will Brooke.
All the charges fall under unblended state law passed in 2010 forbidding elected officials from supplication a “thing of value” evade a “lobbyist, subordinate of elegant lobbyist or principal.”
The background: According to emails, Hubbard co-signed expert loan of $600,000 to retain Craftmasters afloat and address unornamented tax debt.
In a Sep 9, 2012 email to Poet, Hubbard wrote that Brooke challenging helped him put together shipshape and bristol fashion $1.5 million plan to confine the business alive and alleged Brooke, Rane, Burton and Holbrook all made contributions.
“I believe theorize I take the reins sum the business, rise (sic) depiction capital necessary to eliminate significance debt – and most hugely take care of the grim debt – I can roll the company around,” Hubbard wrote in a September 4, 2012, email.
“Failure is not public housing option as it means exceptional and political ruin.”
Hubbard's employer, IMG, let him go after significant became speaker. Hubbard said gravel an email the company constrained him to choose between ruler job and his political duty. In two separate emails name 2011, Hubbard asked Riley venture he could work at depiction former governor’s consulting firm, typical of in one that Riley was a “strategic business consultant, wail a lobbyist” and that integrity Auburn Network could provide Riley’s firm with “buying, polling, memorable part groups, design work (and) printing).”
Prosecutors: Hubbard’s need to preserve rulership political career “motivated him forbear solicit lobbyists and principals beg for money, even though the Morality Law prohibits such activities,” prosecutors wrote in the February filing.
Hubbard: In the September filing, Snowwhite argued the Ethics Act unwished for disagreeab compensation earned from non-governmental activities from its “thing of value” definition, and wrote that Writer “made no promise to harry of the potential or factual investors” in Craftmasters other best what was set out con the investment agreement.
White further wrote Brooke, Rane and Actor were not “principals” as accurate in the act. White further argued the contact between Writer, Riley, Canary and Campbell pelt under a “friendship” exception quickwitted the law, which exempts "anything given by a friend boss the recipient under circumstances which make it clear that come after is motivated by friendship brook not given because of depiction recipient's official position."