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Judge orders release of Torricelli memo

By P. MITCHELL PROTHERO

WASHINGTON, Sept. 26 (UPI) -- A federal appeals court Thursday ordered the immediate release of a memo detailing evidence gathered by prosecutors in their investigation into the campaign and personal finances of Sen. Robert Torricelli, D-N.J.

Prosecutors did not charge Torricelli -- who faces a tough re-election fight -- but the Senate Ethics Committee reprimanded him.

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The memo -- which was prepared as part of the sentencing report for David Chang, who cooperated with prosecutors after he was convicted of campaign finance improprieties -- had been ordered released by the 3rd Circuit Appeals Court on Sept 20.

But court rules could have kept it sealed for an additional 45 days, until Nov. 4, which is one day before the election between Torricelli and Douglas Forrester, until the court ruled Thursday that it should be released immediately.

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Prosecutors for the U.S. Attorney for the Southern District of New York had investigated Torricelli's campaign and personal finances after the 1996 Senate election before deciding last year not to charge him. The matter was referred to the Senate Ethics Committee, which offered a strong rebuke of Torricelli but did not impose sanctions.

In cooperating with prosecutors, Chang alleged that he gave Torricelli thousands of dollars in improper gifts and illegally raised money for him and other candidates, including former Sen. Bob Dole's 1996 presidential run.

Prosecutors said in the memo that Chang's claims seemed credible.

"Chang provided credible information regarding (Torricelli)," the memo says. "The Government also found Chang's statements concerning the conduct of (Mr. Torricelli) to be credible in most material respects. Further, the information which Chang provided greatly advanced the government's investigation.

"Chang offered that assistance against strong pressure from (Mr. Torricelli) and subjected himself to very significant personal hardship in doing so."

The memo details much of Chang's cooperation, including gifts of suits, watches, cash and even an antique grandfather clock. But his testimony was considered unreliable because he had changed his story to prosecutors on multiple occasions and was forced to plead guilty to witness tampering for an attempt to bribe a witness to his illegal efforts.

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"(T)he information concerning Chang's cash payments to (Torricelli) was corroborated in significant respects by Audrey Yu, his former bookkeeper; the information concerning Chang's purchases of items of value for (Torricelli) was corroborated by many vendors from whom Chang purchased these items; and the information concerning the assistance that (Torricelli) provided to Chang in connection with business projects was corroborated by several other witnesses, including several whose credibility was not in doubt," the memo says.

The release of the memo could not come at a worse time for Torricelli, who -- despite being one of the Democratic Party's top fundraisers -- finds himself in a tight race with Forrester, a political novice.

Forrester was quick to draw a parallel between the charges and his idea of the ideal senator from New Jersey.

"This is a sad day for New Jersey," his statement said. "Though we have only had a few moments to review the contents of the prosecutors' memorandum regarding Mr. Chang's credibility, I can say I am deeply, deeply troubled, as I believe all New Jerseyans will be. The prosecutors' leniency memorandum is explosive, and destroys what was left of Mr. Torricelli's credibility in this matter."

Torricelli's office did not release a statement at press time.

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