In exchange for, influenced by, and rewarded with the stream of things of value, COOPER provided and agreed to provide a stream of favorable official action to, and to use his influence on behalf of, Abramoff, Volz, Firm B, and their clients. These official actions included, but are not limited to, assisting Abramoff in his efforts to secure from Voice of America and the U.S. Department of State federal funds for Abramoff's newly-formed television production business, and assisting Abramoff' s client, the CNIMI Garment Manufacturer, with respect to an investigation by the U.S. Department of Labor into the company's wage and hour practices.
COOPER and Abramoff's associates utilized a scheme whereby COOPER would be served "comped" food and drinks at Signatures restaurant, but would typically present his credit card to the server to create the appearance that he was paying his entire bill. Instead of charging COOPER for the actual amount of food and drink provided, the server would charge COOPER for a nominal item, such as a lemonade or soft drink, and COOPER would leave a tip on the credit card. COOPER intended that this would make it appear to observers that he had paid for his Signatures meals and drinks when he actually did not. COOPER also dined at Signatures or other restaurants on numerous additional occasions during which his meal was either paid for directly by a lobbyist or dining companion or for which he left a cash tip and did not use a credit card in the manner described above.
45. On or about October 15, 2002, Abramoff responded to COOPER's e-mail by stating: "What does Employment Standards do? I'll check on the tickets availability. . ." and ultimately agreed to provide COOPER with five tickets, which did not get used when the concert was cancelled.
46. On or about November 27, 2002, in an e-mail to a representative of the CNMI Garment Manufacturer regarding a pending investigation by the U.S. Department of Labor, Abramoff informed the client: "I have a contact now at DoL who will look into this. . . he knows nothing, so you have to summarize the situation and give him the ideal action item."
47. On or about November 27, 2002, Abramoff informed COOPER both in person and by e-mail to his personal account that he would provide him with information on the investigation, and wrote a follow-up e-mail to the lobbying client and Volz, stating: "I saw [COOPER] tonight and he will take care of this."
48. On or about November 29, 2002, Abramoff sent COOPER a white paper on the U.S. Department of Labor investigation of the CNMI Garment Manufacturer.
49. On or about December 4, 2002, Abramoff e-mailed COOPER at his personal account, providing "more info on [the CNMI Garment Manufacturer's] situation. Please let me know what can be done."
50. On or about December 13, 2002, COOPER c-mailed Abramoff from his personal account regarding the U.S. Department of Labor investigation, stating: "Let's chat on Sunday. I think we can get something done here. The asst sec (my boss) appears to give me wide latitude to help oversee [Wage and Hour Division] people here."
51. On or about December 15, 2002, Abramoff infonned Volz by e-mail that: "Horace [COOPER] wants to meet with us to get marching orders on how to sort this out for [the CNMI Garment Manufacturer]."
52. On or about December 16, 2002, Abramoff and Volz discussed plans to meet with COOPER to discuss postponing an upcoming meeting between the U.S. Department of Labor and the CNMI Garment Manufacturer.
53. On or about December 17, 2002, Volz sent an e-mail to a representative of the CNMI Garment Manufacturer, requesting a list of "EVERY person you have worked with at Labor Department (and if you know whether they could be classified as "friendly" or "enemy") so we can get our contacts out here in touch with the right people at Labor to get meeting postponed as well as expanded [to other favorable topics]."
54. On or about December 17, 2002, Volz forwarded the requested list of U.S. Department of Labor employees working on the CNMI Garment Manufacturer matter to COOPER by e-mail at his personal account.
55. On or about December 18, 2002, in an e-mail to Volz regarding the CNMI Garment Manufacturer's interest in postponing an upcoming meeting with the U.S. Department of Labor, COOPER claimed: "[I] just had a good conversation with [a high-level U.S. Department of Labor official] and she accepted my view that I should recommend to [another U.S. Department of Labor official] that the meeting be postponed."
56. On or about December 20, 2002, COOPER advised Volz that he spoke with a senior U.S. Department of Labor official regarding the rescheduling of the meeting.
57. On or about December 22, 2002, COOPER e-mailed Volz from his personal account to tell him about the meeting with the senior U.S. Department of Labor official, stating "While I think we're heading into the endzone (sic) on this, I'll continue with an update when I return from break on the 27th."
61. On or about January 27, 2003, Volz e-mailed COOPER at his personal account regarding the CNMI Garment Manufacturer's issues with the U.S. Department of Labor, stating: "Nice seeing you at the Super Bowl party, Horace. Thanks for being willing to get re-engaged in this important issue. I will get you the names of the problem people at the regional level who are playing politics with this.
66. On or about March 20, 2003, COOPER e-mailed Volz from his personal account suggesting that they "get together to check on where things stand [on the U.S. Department of Labor investigation of the CNMI Garment Manufacturer]."
69. On or about April 7, 2003, Volz sent an e-mail to Abramoff, summarizing a luncheon meeting with COOPER several days earlier and explaining that "due to some of the reorganization efforts which Horace is helping out with (and the names we gave Horace) in December, somehow, several of our enemies have taken new jobs."
70. On or about April 21, 2003, after COOPER and Volz agreed to meet at Signatures to discuss the CNMI Garment Manufacturer issues, Volz sent COOPER by e-mail to his personal account additional information relating to the U.S. Department of Labor investigation of the CNMI Garment Manufacturer, stating that "this should lay it out a little more.
71. On or about April 22, 2003, after meeting with COOPER to discuss the CNMI Garment Manufacturer's issues with the U.S. Department of Labor, Volz summarized their meeting by stating that COOPER "[was] looking into the background of [a U.S. Department of Labor attorney] . . . and discussing with his team how best to proceed -and get the outcome we need," and asked a client representative regarding the U.S. Department of Labor attorney: "Do you know more about him as [COOPER] will raise alarms if he starts nosing around too much." suggesting that they "get together to check on where things stand [on the U.S. Department of Labor investigation of the CNMI Garment Manufacturer]."
72. On or about April 28, 2003, Volz e-mailed COOPER at his personal account,asking: "Can we discuss our favorite issue when you get a chance? Looks like class action case is moving forward quickly which changes the equation quite a bit. Thanks Horace."
73. On or about April 28, 2003, Volz e-mailed Abramoff, telling him that "Horace [COOPER] is talking with General Counsel at DOL to assess options [on the CNMI Garment Manufacturer issues]."
74. In or about late-April 2003, COOPER suggested to Volz that the best way to remove an attorney on the U.S. Department of Labor investigation into the CNMI Garment Manufacturer would be to identify an actual or perceived conflict of interest, which would lead to removal of that individual from the investigation.
75. On or about April 29, 2003, COOPER inquired of colleagues within the U.S. Department of Labor regarding the process for removing an attorney from an investigation.
76. In or about late-April 2003, COOPER told Volz that he was "putting someone in place in [the U.S. Department of Labor office in] San Francisco who could help with the next stage of the process - getting a negotiated agreement with DOL to stop all this madness."
78. On or about June 9, 2003, COOPER corresponded with an official at another executive branch agency seeking information on a "renegade attorney."
79. On or about October 5, 2003, Volz sent an e-mail to Abramoff updating him on the assistance he believed COOPER had been providing: "Horace [COOPER] has been good at inserting himself through reorganizations at holding off punitive action (could be couple million dollars) and getting some of the 'problems' moved to other offices."
80. On or about October 8, 2003, during a meeting between COOPER, Volz and a representative of the CNMI Garment Manufacturer in his office at the U.S. Department of Labor, COOPER reaffirmed his commitment to assist the CNMI Garment Manufacturer with respect to the U.S. Department of Labor investigation and advised Volz and the CNIMI Garment Manufacturer representative that they should direct their allies on Capitol Hill to contact the U.S. Department of Labor as another method of influencing the Department's position. COOPER never disclosed to his supervisors or other U.S. Department of Labor officials involved in the CNMI Garment Manufacturer matter that he was hosting this meeting with an adverse party.
33. On or about June 25, 2002, COOPER e-mailed Abramoff from his personal e-mail account, firstname.lastname@example.org, stating: "this is a test," causing Abramoff to send an e-mail to COOPER a day later stating that: "[Abramoff's associate] is jazzed and wants to do the studio deal! Things are going to move now!"
34. On or about June 26, 2002, Abramoff instructed an associate to establish an Internet domain for Mount Vernon Studios, the new business which Abramoff planned to use to obtain federal funding for the production of television content for Voice of America and the Department of State.
37. In or about early-August, 2002, COOPER met with representatives of a California-based production company interested in participating in the Voice of America broadcasting project and received a presentation tape that the company representative hoped would assist his company in being chosen to participate in the Voice of America broadcasting project and in receiving federal funding.
38. On or about August 8, 2002, during a meeting with an Abramoff associate regarding the Voice of America broadcasting project, COOPER provided the Abramoff associate with a copy of the California-based production company's presentation tape, shared sensitive information on the work that company had done in preparing its proposal, and promised to recommend to the State Department officials responsible for distributing approximately $15 million in funding that they should hire Abramoff's company, Mount Vernon Studios.