FBI ending West inquiry
After a 10-month inquiry, the U.S. Justice Department is expected to announce today that it is closing an FBI investigation into possible violations of federal law by former Spokane Mayor Jim West.
Senior Justice Department and FBI officials are expected to announce that the investigation did not produce sufficient evidence to convince a jury that West had “specific intent” to violate federal public corruption laws.
Federal officials would not publicly discuss the investigation Wednesday but confirmed to The Spokesman-Review that the announcement would be made at a 1 p.m. press conference today at the U.S. Courthouse in downtown Spokane.
Special counsel Mark Bartlett, a senior criminal prosecutor from the U.S. attorney’s office in Seattle, and Laura Laughlin, the FBI’s regional special agent in charge, are expected to make the announcement.
The FBI’s inquiry of West began on May 11 after The Spokesman-Review published reports about the mayor offering city appointments and jobs to young gay men he met in an online chat room.
In making the announcement, federal officials are expected to say that while there is evidence suggesting West made the online offers, his conduct doesn’t meet the threshold for seeking federal charges under public corruption laws.
To prove a federal criminal case, prosecutors have to establish beyond a reasonable doubt that West had “specific intent” to violate a federal law that asserts citizens have a right to expect “honest services” from their public officials.
The fact that likely witnesses have not received grand jury subpoenas suggests that federal investigators did not take the case to a federal grand jury.
The decision whether to seek federal charges against West, sources said, was reviewed at the highest levels of the Justice Department in Washington, D.C., likely by a senior assistant attorney general supervising criminal matters.
It is unknown whether the FBI referred the case to either state Attorney General Rob McKenna or Spokane County Prosecutor Steve Tucker for the possible filing of state criminal charges.
An investigator hired by the Spokane City Council concluded last November that West violated state law and city computer-use policies.
West was recalled from office in December by 65 percent of the voters. While admitting ethical lapses and mistakes in judgment, West has maintained he did not break the law.
According to sources, the federal investigation included a formal interview of West in the presence of one of his private attorneys, Carl Oreskovich. It also included a search of West’s home July 27.
A federal judge authorized the search after concluding there was probable cause to believe West was involved “in a scheme to entice others to engage in sexual activity with him through offers and grants of City of Spokane jobs, internships or appointments.”
The FBI seized three computers, 60 computer disks, Zip disks and “thumb drives” from West’s home, according to a search warrant inventory list returned to the court by Special Agent Frank Harrill.
The FBI has not disclosed what it found on West’s personal computer.