[Congressional Record Volume 148, Number 81 (Tuesday, June 18, 2002)]
[Extensions of Remarks]
[Page E1084]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 TRAFICANT TRIAL: A RAILROAD OF JUSTICE

                                 ______
                                 

                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                         Tuesday, June 18, 2002

  Mr. TRAFICANT. Mr. Speaker, the government presented a ten-count 
indictment against me on May 4, 2001. And convicted me on those ten 
counts, Thursday, April 11, 2002.


                Count Four--Raymond Allen Sinclair, Esq.

  The accusation is that while he was a Congressional staff member, 
Attorney R. Allen Sinclair shoved $2500 a month in cash kickbacks under 
the office door.
  R. Allen Sinclair became a part of my Congressional staff in 1998. At 
that time he purchased a brand-new van for $25,000-$30,000, he leased 
another car for $290 a month, bought between $50,000 and $60,000 worth 
of media advertising and purchased a $273,000 home, which a Delaware 
bank financed for $276,000. Additionally, it's unknown what types of 
school loan payments were outstanding for his legal education.
  Oddly enough, during his employment with me Attorney Sinclair made 
monthly deposits of $2500 into his IOLTA Account with the Home Savings 
and Loan Company. Once he left my employ, there were no $2500 deposits 
made for twenty-two consecutive months.
  Naturally, as a part of the FBI's investigation of me, agents 
interviewed Attorney Sinclair. His FBI 302 states in pertinent part:

       SINCLAIR had been previously interviewed and stated he had 
     been making rent payments to HENRY DIBLASIO for offices at 11 
     Overhill, Youngstown, Ohio. He stated he had documentation he 
     could provide. SINCLAIR now voluntarily appeared at the FBU, 
     Youngstown Resident Agency. SINCLAIR provided one envelope, 
     which was found to contain a letter from SINCLAIR to 
     interviewing agent, a ``cognovit note'' from November 19, 
     1998 showing a $20,000 debt from SINCLAIR to DIBLASIO, one 
     check, dated February 5, 1992 from SINCLAIR to DIBLASIO for 
     $361 for ``rent and long Dist Phone Calls.'' Also included 
     was a document titled: ``Statement from R. ALLEN SINCLAIR, 
     DIBLASIO, FLASK, & ASSOCIATES, 11 Overhill Road, Youngstown, 
     Ohio 44512, Law Offices.'' SINCLAIR had previously advised he 
     paid rent to DIBLASIO for office space at 11 Overhill for the 
     first few years he worked with DIBLASIO, and after that they 
     used simply recorded rent on the books of the firm. The 
     documents SINCLAIR provided showed notations regarding rent 
     payments to DIBLASIO for 1994. SINCLAIR did not provide 
     documentation for the later years. A copy of this 
     documentation is attached to this report. Note, the documents 
     provided by SINCLAIR listed hours he worked for clients, and 
     it was noted that he had done work for ``BUCHEIT.'' SINCLAIR 
     advised he had represented BUCHEIT in a dispute BUCHEIT had 
     with a Saudi Arabian prince regarding a letter of credit. 
     SINCLAIR was not aware of Congressman JAMES A. TRAFICANT, JR. 
     assisting BUCHEIT.
       SINCLAIR was asked why DIBLASIO did not have the building 
     at 11 Overhill Road in his own name, and why SINCLAIR, as the 
     current owner of that building, (and staff member of 
     Congressman JAMES A. TRAFICANT, JR.) also did not have this 
     building in his own name. SINCLAIR advised it would have been 
     a ``conflict'' for DIBLASIO to have the building in his name 
     when he worked for TRAFICANT. This same issue came up when 
     SINCLAIR was going to buy the building from DIBLASIO and he 
     (SINCLAIR) was also working as a Congressional staff member. 
     SINCLAIR advised this was cleared through the United States 
     House of Representatives Ethics Committee, and it was 
     acceptable for DIBLASIO and SINCLAIR to own the building as 
     long as they charged the government a reasonable rent. 
     SINCLAIR was asked why, then, the building had to be in the 
     name of other people. SINCLAIR did not answer this question.
       SINCLAIR advised he made between $50,000 and $60,000 per 
     year as a private attorney in 1999, and at the same time made 
     about $60,000 as ``Administrative Counsel'' to TRAFICANT. 
     SINCLAIR's job for TRAFICANT was to research legislation. He 
     was not TRAFICANT's private attorney. SINCLAIR advised he had 
     researched the rules and it was legal for him to receive 
     outside income while working for Congress because he was not 
     ``senior staff.'' SINCLAIR advised he did not kickback any 
     part of his salary to TRAFICANT. SINCLAIR stated he did not 
     want to be part of ``getting TRAFICANT'' and ended the 
     interview. SINCLAIR was advised that he may have to testify 
     before the Federal Grand Jury in Cleveland.
       My office space was rented from KAS Enterprises, which I 
     came to find out was established in October 1999 as Raymond 
     Allen Sinclair, president. Then in November 1999, wife, 
     Kimberly Sinclair was named secretary, although the filing 
     with the Secretary of the State of Ohio named Kimberly 
     Sinclair as the owner of the company. At the time of signing 
     the rental agreement, I was not aware of how the KAS 
     Enterprise Corporation was organized or its officers, but 
     learned after the trial that either Attorney Sinclair or his 
     wife could withdraw funds from the account without the 
     knowledge or consent of the other.
       Attorney Sinclair was involved in more questionable 
     activities than his participation in KAS. He owed his partner 
     $473,000. And, in an unrelated event, on December 2, 1999, 
     the Board of Commissioners on Grievances and Discipline of 
     The Supreme Court of Ohio filed a recommendation that 
     ``Attorney R. Allen Sinclair be suspended from the practice 
     of law for a period of six months with the suspension stayed 
     for a period of a one year probation including conditions 
     recommended by the panel.''
       During my trial, Attorney Sinclair testified that he never 
     lied to the FBI--that he always told the truth. It wasn't 
     until he was pressured with the thought of losing his license 
     and possibly facing jail that he created this testimony of 
     supposed kickbacks.
       He also stated that he never wore a wire or taped any of 
     our conversations because he feared me; when all of the staff 
     testified that there was no fear. And, he had previously 
     taped Attorney Matavich to get information about me. Be 
     advised, the government would use any ploy to gain admissions 
     regarding one of its targets and without a doubt they did so 
     in my case. But, obviously the information the FBI gathered 
     in the Sinclair matter was exculpatory and all they could 
     attempt was to present a circumstantial paper trail.
       Having already suffered a license suspension and a fraud 
     scheme hanging over his head and the government allowed 
     Attorney Sinclair to escape any punishment for his 
     participation in any wrongdoing and provided a shield from a 
     civil suit involving the money he owed to his partner in 
     order to suborn his perjured testimony against me. Not 
     surprising, Attorney Sinclair continues to practice law.
       Again, the government provided no physical evidence, no 
     wiretaps, no tapes, no hidden microphones and no fingerprints 
     on more than 1,000 documents. How is it possible to reach a 
     conclusion beyond a reasonable doubt with only circumstantial 
     evidence and the testimony of felons and other dubious 
     witnesses? In a RICO case, no less.
       BEAM ME UP!!

       

                          ____________________