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HOW THE SMEAR BEGAN

1

THE WASHINGTON POST-RESOLUTION TRUST CORPORATION- L.JEAN LEWIS CONNECTION


Cast of Characters

The Republican-Controlled Resolution Trust Corporation

L.Jean Lewis - Ultra-Right-Wing Republican with the Resolution Trust Corporation

Susan Schmidt, Washington Post

Michael Isikoff, Washington Post

A RESOLUTION TRUST CORPORATION "CRIB" SHEET - to understand why Whitewater Smear Campaign was so important to the Republican Party in late 1993 and early 1994. Some factual information on the number of subpoenas issued by the RTC and Robert Fiske to various S&Ls by mid-1994 (and the amount of money recovered by the RTC for the American taxpayers as of mid-1994)

Robert Fiske - subpoenas related to

RTC subpoenas related to

RTC - subpoenas related to the "forgotten 50"

Recovery of money by the U.S. taxpaper from the "forgotten 50"

$42,000 dollars

AN L.JEAN LEWIS "CRIB" SHEET - to understand the initial Whitewater Smear Campaign news story published in the Washington Post on October 31, 1993 some factual information is needed:


The eight top Savings and Loans in Arkansas that FAILED during the Reagan and Bush Administrations are listed below, showing the amount of the U.S. taxpayer bailout in each case. Also shown is the number of hours of time from 1992 to 1994 that the RTC investigator L. Jean Lewis (and her team) examined S&L records for indications of possible criminal activity:

First Federal Savings of Arkansas - $833 MILLION - 13 hours

Savers Saving - $645 MILLION - 140 hours

Independence Federal - $314 MILLION - 19 hours

Landmark Savings - $91 MILLION - 3 hours

Madison Guaranty - $73 MILLION - 5,661 hours

First American Savings - $65 MILLION - 171 hours

Home Federal - $59 MILLION - None

First State Savings - $57 MILLION - None

TIMELINE:

1991 - In sworn testimony before the Senate Whitewater Committee, L. Jean Lewis claimed she had submitted a criminal referral on First Federal Savings in 1991 and that FBI agents HAD NOT pressed her to do so. Subsequent sworn testimony at the hearings said that she HAD NOT submitted a criminal referral on First Federal and that FBI agents HAD INDEED pressed her to do so. - PERJURY?

1992- September 2 - L.Jean Lewis submits a criminal referral to the Federal Attorney in Little Rock and to the Little Rock FBI office naming the McDougals and citing as witnesses the Clintons, Tucker, and former Senator Fulbright

1992-September 9 - Phone call from L. Jean Lewis to Steve Irons of the Little Rock FBI office asking him about, and taunting him about status of referral. In sworn testimony Lewis claimed she had not contacted anyone in Little Rock or the Washington RTC until December 1992. Irons later testified he told her to back off during the phone call. PERJURY?

1992-September 18 - Lewis visited Little Rock FBI office where Irons told her that no action would be taken until after the election. Irons later testified she told him that she had informed the RTC in Washington and they wanted her to take action. In sworn testimony Lewis claimed she had not contacted anyone in Little Rock or the Washington RTC until December 1992. Quoting from contemporaneous notes, Irons testified as to the fact of the meeting and the facts of the discussion PERJURY?

1992-September 18-19(?) Lewis then contacted aides to Charles Banks, the Reagan-appointed Federal Attorney in Little Rock and asked them to take action on her referrals. Banks would also later testify to several contacts between his office and Lewis that Lewis had denied in sworn testimony. PERJURY?

1992-October 2 - FBI Little Rock sent a teletype message to FBI Washington highly critical of the Lewis referral, which appeared to be based upon newspaper accounts.

1992-October 16 - Banks wrote a letter to the FBI also turning down the Lewis referral, stating that in his view, his participation in any such effort just before the election would amount to "prosecutorial misconduct" and would violate "the most basic fundamental rule of Department of Justice policy."

1993 - February 23 - Lewis material severely criticized by a lawyer in the Fraud Section of the Department of Justice for submitting allegations that were not sufficient "to establish the elements of any of the criminal statutes" in bank fraud.

1993 - fall - Jeff Gerth of the New York Times was offering Arkansas reporters "piles of confidential banking records" whose source he identified as a woman working for the RTC regional office in Kansas City." Totally illegal release of banking documents?

1993-fall - By this time, Lewis and her boss, Richard Iorio, had prepared 9 additional criminal referrals on Madison.

1993 - October 6 - E-mail from L.Jean Lewis to Kansas City RTC on a visit by Susan Schmdt of the Washington Post. Lewis concluded from Schmidt's questions that Schmidt had ILLEGALLY acquired a copy of the Lewis 1992 criminal referrrals.

1993- October ? - Lewis sent her 1992 referral to Paula Casey, the new Federal Attorney in Little Rock. Casey turned it down citing the Banks letter of October 1992 and the Justice Department turn-down in late February 1993.

1993 - October 1 - Lewis and her boss Richard Iorio submit 9 criminal referrals on Madison to lawyers at the RTC for legal review.

1993 - October 8 - Referrals came back from RTC lawyers asking how some people named in the referrals as suspects were also shown to be victims in the supporting documentation. In spite of these and other questions, the referrals were sent forward without change.

Until November 10, 1993, the only person in the Resolution Trust Corporation or in the Federal government who was investigating Madison Guaranty was L.Jean Lewis and two of her supervisors in the Kansas City regional office of the RTC. It was virtually the only work going on in her investigative section.

 

The October 31 1993 article by Susan Schmidt (and Michael Isikoff) of the Washington Post

Selected paragraphs from the article -- annotated with material in the square brackets

Paragraphs 1 to 4

 The Resolution Trust Corp. [L. Jean Lewis] has asked federal prosecutors in Little Rock to open a criminal investigation into whether a failed Arkansas savings and loan used depositors' funds during the mid-'80s to benefit local politicians, including a reelection campaign of then-governor Bill Clinton.

About three weeks ago, the RTC [L. Jean Lewis] forwarded to U.S. Attorney Paula Casey in Little Rock information about 10 matters arising from transactions at the now-defunct Madison Guaranty Savings & Loan that warrant criminal investigation, according to government sources [L. Jean Lewis] familiar with the probe. A written summary of the referral has been sent to the Justice Department, [by L. Jean Lewis] according to sources [L. Jean Lewis].

The package includes questions about whether a series of checks written on Madison accounts ended up in Clinton's campaign fund. The sources [L. Jean Lewis] said there is no indication Clinton had personal knowledge of or involvement in the transactions, and the White House said yesterday there would be no way Clinton would have known if money from Madison accounts had been improperly used to make campaign contributions.

The RTC request, based on a broad probe of the S&L's financial affairs [by L. Jean Lewis], also asks for further federal investigation of Madison's dealings with current Arkansas Gov. Jim Guy Tucker (D), the sources [L.Jean Lewis] said.

Paragraph 7 -

In examining the Madison transactions, the RTC [L. Jean Lewis] has asked Casey to determine whether checks to the Clinton campaign were paid from overdrawn accounts with the authorization of Madison's owner, James B. McDougal, or whether Madison loans intended for other purposes were used for campaign contributions. McDougal is a longtime friend and business partner of Bill and Hillary Rodham Clinton and was an economic development aide during Clinton's first term as governor.

Paragraphs 12 and 13

RTC investigators [L. Jean Lewis] have examined irregular Madison transactions that took place in April 1985 and have attempted to find out who endorsed and deposited a series of checks made out to Clinton or the gubernatorial campaign, one source [L. Jean Lewis] familiar with the probe said. Lindsey said it would not be unusual for campaign contributors to make out checks in Clinton's name -- and that was done by some at the 1985 fund-raiser -- but that those checks would be placed in the campaign fund, which was maintained at Arkansas' Bank of Cherry Valley.

RTC investigators [L. Jean Lewis] have been unable to secure bank records that would show where money from the checks went, the sources said.

Paragraph 15

Sources [L. Jean Lewis] familiar with the Madison referrals said Casey's office will have to evaluate whether transactions dating back to the mid-'80s warrant criminal investigation. Casey declined to comment.

Paragraphs 17, 18, 19, and 20

Sources [L. Jean Lewis] said that the RTC also asked Casey to investigate whether McDougal had violated S&L regulations. He was acquitted of bank fraud in 1990 in a case that focused on bonuses and profits he earned for real estate deals involving the development subsidiary, Madison Financial Corp.

The RTC action comes after a long-running probe of Madison [ by L. Jean Lewis] that began soon after the S&L was taken over by federal regulators. Before it was taken over, regulators were critical of Madison's management, contending it permitted conflicts of interest, inflated real estate appraisals, and unsupported loan documentation and that it failed to collect debts, state records show.

The RTC probe intensified about a year ago [October 1992] as investigators [L. Jean Lewis] examined loans and financial transactions involving a small group of borrowers, including some S&L officers and directors and local politicians who were Madison customers.

As part of the investigation, the RTC [L. Jean Lewis] went to extraordinary lengths to trace real estate transactions involving Whitewater Development Corp., a land company Bill and Hillary Clinton jointly owned with McDougal and his former wife, Susan McDougal, according to government sources. The corporation maintained an account at Madison, and sources [L. Jean Lewis] said Whitewater's activities are among the matters referred to Casey for further investigation.

 

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