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Federal prosecutors, FBI start probe into Barry’s contracting

By: Bill Myers
Examiner Staff Writer
July 26, 2009

(Andrew Harnik/Examiner file)

Federal prosecutors and FBI agents have opened a wide-ranging investigation into whether former D.C. Mayor Marion Barry broke federal laws by lavishing contracts on a girlfriend and on a host of questionable nonprofit groups, The Examiner has learned.

Barry, 73, was arrested by U.S. Park Police earlier this month on stalking charges after a confrontation with estranged girlfriend Donna Watts-Brighthaupt. It later emerged that Barry had given Watts-Brighthaupt a $5,000-per-month city contract shortly after they began dating. The Watts-Brighthaupt scandal led to further revelations that Barry had steered even more taxpayer dollars into dubious nonprofit groups operating in his stricken Ward 8.

That has prompted a probe that involves the U.S. Attorney’s Office, the FBI and the D.C. inspector general, multiple law enforcement sources told The Examiner. The sources spoke on condition of anonymity because the investigation is in its earliest stages and because of the political sensitivities involved in once again taking on D.C.’s “mayor for life.”

Barry, whose lawyer couldn’t be reached for comment, has denied any wrongdoing.

A spokesman for the U.S. Attorney’s Office declined comment.

Prosecutors decided not to pursue the stalking charges against Barry but have taken a new interest in the contracting questions, the law enforcement sources said. The investigation has not reached the grand jury stage, but investigators are canvassing several possible violations, from federal conflict-of-interest laws to fraud to unlawful services, the sources said.

“We’ve got a lot of work to do,” one law enforcement source said. “You don’t isolate one statute to work something. Those really wash out … in any case.”

Council Chair Vincent Gray, a Democrat, has promised a full accounting of the Barry scandal. He has farmed the investigation out to superlawyer Robert Bennett, a former federal prosecutor who is regarded as one of the nation’s best white-collar defense attorneys. Bennett declined comment for this story.

The council has given Bennett broad authority to investigate wrongdoing, including issuing subpoenas. He’s charged with finding out whether Barry broke any laws or regulations and whether the council needs another round of ethics reforms to prevent fraud, waste and abuse in public spending.

Bennett is expected to issue a formal report, and if he finds evidence of criminal activity is empowered to refer that to federal prosecutors.

Council members have routinely slipped set-asides for favored groups into the city’s budget for years, costing the public untold millions even as the city slipped back into huge budget shortfalls. Last week, Councilwoman Mary Cheh, D-Ward 3, called for a moratorium on earmarks.

bmyers@washingtonexaminer.com



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