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WASHINGTON: The exhaustive investigation into former Agriculture Secretary Mike Espy has been an embarrassment for Janet Reno in both its aggressive methods and its distinct lack of results. But after almost three years and untold millions of dollars, independent counsel Donald Smaltz has finally netted the big one: an indictment of Espy himself for 39 counts of illegally soliciting and accepting gifts, trips, sports tickets, and other favors totaling $35,000 ? from companies over which he, as USDA head, had regulatory power...

Author: /time Magazine | Title: Grand jury indicts ex-Cabinet Member | 8/27/1997 | See Source »

...Espy allegedly ordered a USDA employee to delete references to Tyson Foods, his girlfriend, and the game when his travel itinerary for that day was requested by the USDA's inspector general. Espy could get ten years for that tap-dance alone. At a press conference today, the tenacious Smaltz said he's not done yet. He may want to quit while he's ahead...

Author: /time Magazine | Title: Grand jury indicts ex-Cabinet Member | 8/27/1997 | See Source »

Whitewater's Kenneth Starr is the independent counsel Democrats love to hate. But Smaltz has the distinction of making even the most neutral lawyers argue that Attorney General Janet Reno should think twice before triggering any more such appointments. Smaltz was asked to determine whether former Agriculture Secretary Mike Espy took favors from companies, including chicken-processing giant Tyson Foods, that had business before his department. But after spending more than $9 million, Smaltz has compiled a record that shows the perils of prosecutorial passion. Last week he suffered his most serious rebuke, when a federal judge granted...

Author: /time Magazine | Title: THE PERIL OF PROSECUTORIAL PASSION | 6/16/1997 | See Source »

...Smaltz has scored some successes. He has snagged plea bargains or guilty verdicts in eight cases, including the conviction of Sun-Diamond Growers, a California raisin-and-nut cooperative, for, among other things, giving Espy luggage, meals and transportation. But even before his recent big losses, lawyers were complaining that Smaltz and his deputy Ted Greenberg have acted like wayward cowboys. Hiram Eastland, a lawyer representing former Espy aide Ron Blackley, says Smaltz's lawyers put Blackley's wife on the stand and tried to get her to testify against her husband despite the long-standing marital-privilege doctrine...

Author: /time Magazine | Title: THE PERIL OF PROSECUTORIAL PASSION | 6/16/1997 | See Source »

...Smaltz is now deciding on his final indictments before wrapping up by summer. He has granted chicken tycoon Don Tyson immunity from prosecution for anything but perjury; and last week Tyson testified for a third day before a grand jury. Smaltz's next targets? The likeliest include Tyson Foods, company spokesman Archie Schaffer, lobbyist Jack Williams (in a new indictment) and of course Espy. Attorneys for those parties say they expect no letup from the man who has given his staff watches that bear his name, the independent-counsel seal and the words IN RE MICHAEL ESPY...

Author: /time Magazine | Title: THE PERIL OF PROSECUTORIAL PASSION | 6/16/1997 | See Source »

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