In 1993, Darrell A. Tomblin was convicted following a trial in the Western District of Texas of conspiracy to commit bribery, bribery, extortion, and use of interstate travel to facilitate bribery. Following his conviction, Tomblin was sentenced to 51 months of incarceration. On appeal, the Court of Appeals for the Fifth Circuit affirmed Tomblin’s conviction on all counts except for one count of extortion, which was subsequently dismissed on remand.
Tomblin sought to buy the influence of then U.S. Senator Jacob “Chic” Hecht of Nevada to advance his business interests. Tomblin, along with his co-conspirators, bribed a senior aide in Senator Hecht’s office in exchange for assistance with their business ventures in Grenada and access to the chairman of the Federal Home Loan Bank Board (“FHLBB”) in connection with other business interests.
Tomblin first contacted Glen Mauldin, Hecht’s administrative assistant and campaign treasurer, for help with his Grenadian business. Mauldin introduced Tomblin to lobbyist Vincent Lachelli, who in turn helped Tomblin secure introductions to Grenadian officials. Mauldin testified at trial that, in exchange for his assistance, Tomblin had set aside ten percent of the Grenadian ventures’ stock for Mauldin and Hecht.
Soon thereafter, Tomblin was introduced to Texas bankers Leo Ladoucer and Danny Gonzalez. Ladoucer and Gonzalez were seeking investors to bolster the liquidity of Suburban Savings Association, a savings and loan institution in which they had recently gained a controlling share, so that Suburban could continue lending. Although Tomblin did not invest in Suburban, he suggested that Ladoucer and Gonzalez exploit his influence with Senator Hecht’s office to win forbearance from liquidity requirements from Suburban’s regulator, the FHLBB. Ladoucer and Gonzalez also needed to curry favor with the FHLBB in order to secure approval for their application for control of Suburban. The application was in doubt because they had acquired their controlling stake in Suburban through illegal means. In exchange for his assistance, Tomblin demanded a $250,000 loan, $25,000 for Lachelli, a $50,000 contribution to Hecht’s campaign, and an all-expenses-paid trip for Mauldin. Ladoucer and Gonzalez complied with each demand except the campaign contribution.
Payoff in hand, Tomblin arranged a meeting between Gonzalez and the chairman of the FHLBB, Danny Wall. Mauldin also attended the meeting to convey the appearance of Senator Hecht’s interest in—and presumed support for—Suburban. In spite of the meeting, the FHLBB questioned the application for change of control.
Tomblin and his co-conspirators were charged with numerous criminal counts stemming from their involvement in the bribery scheme. Mauldin pled guilty to conspiracy to commit bribery and acknowledged illegally receiving a free trip and agreeing to accept the ten percent interest in the Grenadian business. Lachelli similarly pled guilty to conspiracy. Ladoucer and Gonzalez each pled guilty to several bank fraud charges and cooperated in the investigation of the bribery conspiracy.
During Tomblin’s two-week trial, the government introduced thirty-five recorded conversations involving Tomblin and called several witnesses who explained the details of the scheme. A jury convicted Tomblin on all twenty-two counts of the indictment and he was sentenced to fifty-one months’ imprisonment, three years of supervised release, and $6,100 in restitution and assessments.
The Court of Appeals for the Fifth Circuit affirmed Tomblin’s convictions as to each of the challenged counts except Count 3, which charged that he extorted Ladoucer and Gonzalez. Holding that “in circumstances such as those in this case, a private person cannot be convicted of extortion under color of official right,” the Fifth Circuit vacated Tomblin’s conviction and sentence for Count 3 and remanded it to the district court. On the government’s motion, the district court dismissed Count 3.