Charles Keating, Part III

Charles Keating, Part III

Charles Keating was sentenced in 1992 to 10 and 12-year

sentences (state and federal). But having served a little over four

years, he was freed in October 1996 from a prison in Tucson

where he was serving his federal charges and in December,

Judge Mariana Pfaelzer ruled that the jurors in Keating”s federal

trial had been contaminated by learning of an earlier state

conviction. Thus his conviction on fraud, racketeering and

conspiracy charges was thrown out because the jury had evidently

discussed the prior action in the California courts.

So, despite finding that the jury in the federal case had based its

verdict on the courtroom evidence, Pfaelzer ruled that the jurors”

exposure denied Keating a fair trial. Doesn”t this just burn you

up?

Well, to compound things, California had ruled earlier in 1996

that Superior Court Judge Lance Ito (you thought you were

finished with this jerk, didn”t you?), who presided over Keating”s

state trial, should have told jurors they could convict Keating only

if the jury felt that the Keating employees, who sold the bonds

that later were worthless, had intended to defraud customers.

Lots of technicalities. Bottom line, Charles Keating was free for

awhile.

But wait, there”s more. In January 1998, California re-instituted

the state convictions. But in April of the same year, Keating was

jailed for five days for violating the terms of his release from

prison by applying for a passport. Keating had wanted one

because he was a consultant on a hotel project in Belize. His

attorney had advised Keating to apply for it so the attorney also

got in trouble with the court.

While in prison, Keating inadvertently took a swig of shampoo

that had been placed in a cup on his food tray and he had to have

his stomach pumped. [Let this be a lesson to you, boys and girls.

When in prison, always ask what is in the cups.and don”t rely on

Bubba.ask the guards.]

Finally, in April 1999, Charles Keating agreed to plead guilty to

four felony counts in a deal that will keep him from returning to

prison. He was sentenced to time he had already served. U.S.

District Court Judge Pfaelzer presided over this last resolution as

well. When Keating was asked what lay ahead he said, “Life.”

As for John McCain, he has said of his Keating Five involvement,

“(The episode) will always be part of my biography.” In 1991,

the five Senators were found by their colleagues to have exercised

poor judgment.

McCain”s story is obviously a familiar one by now. Shot down

over Vietnam in October 1967, he served in the Hanoi Hilton for

over five years before being released in the spring of 1973.

Returning to his home in Arizona, he became a congressman and

then Senator where he built a reputation as an often tough figure

to deal with.

As to his involvement with Charles Keating, when the Keating

Five were being investigated the main focus as it pertained to

McCain”s own role involved a meeting with federal regulators

who were looking into Keating”s Lincoln Savings & Loan. It was

felt that the Senators had put undue pressure on the regulators to

lay off Keating. Fred Wertheimer, head of Common Cause and

an instigator of the investigation, now says, “No question,

McCain was held hostage by the Democrats (the other four of the

“five” were all Dems).”

In his normal blunt style, McCain says, “(For) anybody who takes

a look at my record, the Keating Five will pop out.and rightfully

so. No matter what the tape recording said (of this particular

meeting), my going to (it) created the wrong impression.”

But McCain”s involvement with Charles Keating goes beyond a

few meetings with regulators, or normal constituent service as he

would probably call it. For the rest of this article, I am going to

rely on the Arizona Republic newspaper, a chief nemesis of

McCain”s throughout his career. Let me say up front that I am a

little uncomfortable doing this. I try to research these pieces as

thoroughly as possible and use legitimate sources (95% of which

are books where the authors have also presumably done their

homework). But what follows comes off the Internet.

Understand that McCain had married his current wife, Cindy

Hensley, in 1980. It was his second marriage. Cindy”s father was

a very high-powered figure in Arizona where he ran the largest

Anheuser-Busch distributorship, Hensley & Co. The Hensley”s

were partners of Charles Keating”s.

The Arizona Republic reported in October 1989, “While Senator

John McCain”s wife and father-in-law were investing with Charles

H. Keating, Jr. in a shopping center, McCain was helping

Keating battle Federal regulators who questioned his operation of

Lincoln S&L. Documents show that Sen. McCain”s wife, Cindy,

and father-in-law, James W. Hensley, are the largest investors in

Fountain Spring Shopping Center. Their partnership is managed

by subsidiaries of American Continental Corp., run by Charles

Keating. But John McCain contends there was no conflict in his

helping Keating battle Federal regulators.”

“Senator McCain had more than a constituent relationship with

Keating prior to 1987.The McCains – sometimes with their

daughter and baby sitter – made at least nine trips at Keating”s

expense from August 1984 to August 1986 aboard either

Keating”s American Continental corporate jet or chartered planes

and helicopters owned by Resorts International. Three of the

trips were for vacations at Keating”s luxurious retreat in the

Bahamas.”

Later in the same month, the Republic wrote, “McCain, in a radio

talk-show appearance last week, condemned disclosures of his

family”s ties to Keating as æirresponsible journalism.” And the

way he dealt with unpleasant questions was to bully the

questioners.”You”re a liar,” McCain snapped September 29

when an Arizona Republic reporter asked him about business ties

between his wife, Cindy McCain, and Keating.”That”s the

spouse”s involvement, you idiot,” McCain sneered later in the

same conversation. ”You do understand English, don”t you?””

When you read the Arizona Republic transcripts you certainly

come away with a picture of the bullying candidate that

sometimes expressed himself during the presidential campaign. I

was a McCain supporter but, as I mentioned in my “Week in

Review”s,” there is a reason why campaigns are long. You hope

that over time you begin to better understand the personalities of

the candidates. I can”t say I”m as enamored of McCain as I once

was.

As for his role with Keating, it”s self-evident. McCain himself has

never tried to hide it. Keating was a convicted felon, responsible

for acts of financial cruelty. It is noble that McCain owned up to

his role in the shenanigans. But was that enough? Why is it that

our politicians who express the desire to reform the campaign

finance system in this country only seem to do so after “making a

mistake?” Heck, I”m calling Arnold Palmer and seeing if I can

draft him.

Sources: See Parts I and II of this series.

Next week, so who was this Ponzi guy anyway?

Brian Trumbore