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Complete text of the independent counsel's indictment against Henry Cisneros and three co-defendants.

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The Cisneros Probe:
Indictments Announced

Full text of Independent Counsel David M. Barrett's Dec. 11, 1997, written statement announcing the indictment of former housing secretary Henry Cisneros:

A District of Columbia grand jury today returned a Twenty-One Count Indictment against former Secretary of Housing and Urban Development ("HUD") Henry G. Cisneros, and three others. Former Secretary Cisneros is charged with his co-defendants, Linda D. Medlar (now Linda D. Jones), Sylvia Arce-Garcia, and John D. Rosales, to defraud the United States and to commit offenses against the United States, in violation of Title 18, United States Code, Section 371. Mr. Cisneros is also charged with obstructing or endeavoring to obstruct justice, and making material false statements to, and concealing material information from, the Federal Bureau of Investigation (or "FBI"). The charges against Mr. Cisneros and his co-defendants arise from alleged false statements that Mr. Cisneros made to the FBI during the FBI's full-field background investigation of him, which took place shortly after he was nominated for the position of Secretary of HUD.

Count One of the Indictment charges the defendants with conspiring to defraud the United States by impeding, impairing, obstructing, and defeating the lawful government functions of (I) the United States Senate in the proper exercise of its constitutional advise and consent power and responsibility; (II) the federal Bureau of Investigations in the proper exercise of its lawful, authorized, governmental function to conduct full-field background investigations of high-ranking Presidential nominees such as Cabinet Secretaries; and (III) the United States Department of Justice in the proper exercise of its lawful, authorized, governmental function to adjudicate whether to grant top secret national security clearances to high-ranking Presidential nominees such as Cabinet Secretaries.

Count One of the Indictment also charges the defendants with conspiring to commit offenses against the United States in violation of the following criminal statutes: Title 18, United States Code, Section 1505 (Obstructing Inquiries Being Conducted by Congress); Title 18, United States Code, Section 1505 (Obstructing Proceedings Before the Department of Justice); Title 18, United States Code, Section 1001 (Making Material False Statements and Concealing Material Information from Governmental Departments or Agencies); and Title 31, United States Code, Section 5324(3) (Structuring Financial Transactions for the Purpose of Evading Financial Reporting Requirements). If convicted of those charges, the defendants could be sentenced to a maximum of up to five years in prison.

Counts Two through Seventeen charge Mr. Cisneros with violating Title 18, United States Code, Section 1001 by making material false statements and representations to, or engaging in a scheme to conceal -- by trick, scheme, or device -- material facts from, the FBI and the Department of Justice during the FBI's full-field background investigation of Mr. Cisneros. That background investigation took place in late 1992 and early 1993 as a result of Mr. Cisneros's nomination to be Secretary of HUD. If convicted of these charges, Mr. Cisneros could be sentenced to a maximum of up to five years in prison on each count.

Count Eighteen charges Mr. Cisneros with violating Title 18, United States Code, Section 1505 by obstructing or endeavoring to obstruct justice by, among other things, making false statements to the FBI during his background investigation in an effort to obtain a top secret national security clearance from the United States Department of Justice. If convicted of that charge, Mr. Cisneros could be sentenced to a maximum of up to five years in prison.

Counts Nineteen and Twenty charge Mr. Rosales, a former employee of Mr. Cisneros at Cisneros Communications in San Antonio, Texas, with violating Title 18, United States Code, Section 1001 , by, respectively, submitting a material false statement and representation to Special Agents of the Internal Revenue Service, and making a material false statement and representation to Special Agents of the Federal Bureau of Investigation. Both of those statements were made during the course of criminal investigations. If convicted of those charges, Mr. Rosales could be sentenced to a maximum of up to five years in prison.

Count Twenty-One charges Ms. Medlar with violating Title 18, United States Code, Section 1001, by making a material false statement to a Special Agent of the Federal Bureau of Investigation. That statement was made during the course of the Independent Counsel Investigation. If convicted of that charge, Ms. Medlar could be sentenced to a maximum of up to five years in prison.

The charges in the Indictment are merely accusations made by the grand jury, and the defendant is presumed innocent unless and until proven guilty.

The Independent Counsel's investigation is continuing.

Copyright 1997 Digital Ink Company

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