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Judge convicts lottery lobbyist
Thursday, October 26, 2006 posted 04:23 AM EDT
RALEIGH - Alan Middleton, a former lobbyist for lottery company Scientific Games, was found guilty of violating N.C. lobbying
laws Wednesday. The judge found that Middleton aided Meredith Norris, political director for House Speaker Jim Black, in
breaking the same laws.
The misdemeanor conviction is the fourth and latest criminal prosecution in the federal and state investigations surrounding
Black's office and the creation of the N.C. lottery.
Wake County District Court Judge Paul Gessner sentenced Middleton to one year of probation, a $500 fine and banned him from
lobbying in North Carolina for two years. Gessner suspended a 45-day jail sentence.
Gessner found that Middleton had lobbied legislators before he properly registered as a lobbyist in April 2005 and that he
helped Norris lobby for Scientific Games when she was not registered to do so. She pleaded no contest to similar charges
in August and was found guilty.
"If the lobbying laws are not followed, the public may question how the laws are passed," said Assistant District Attorney
David Sherlin. Lobbying "needs to be disclosed. It needs to be above board."
Middleton's lawyer David Rudolf of Charlotte said Middleton will appeal and said in his closing arguments that prosecutors
never proved any lobbying took place.
"This is pure speculation on the part of the prosecutors," Rudolf said.
Middleton did not register as a lobbyist in North Carolina until April 14, 2005. Scientific Games ultimately lost the competition
to run North Carolina's lottery to rival GTECH.
Prosecutors presented e-mails from Norris discussing meetings she set up on March 2 of that year for Middleton with at least
two legislators. Middleton's reply to Norris the following day read, "What a good day yesterday and last evening. It was
delightful."
Rudolf said the circumstantial evidence showed, at most, that Norris set up the meetings to impress Middleton while trying
to get hired as a lobbyist. He said prosecutors presented no evidence that Middleton discussed specific legislation with
legislators, part of the definition of lobbying under state law. No one testified about what was discussed during any of
the meetings.
Rudolf argued that Middleton had no way of knowing that Norris had not registered as a lobbyist. Several e-mails showed that
Middleton put her in touch with the company's compliance officer and company compliance forms for lobbyists.
Prosecutors highlighted a previously disclosed e-mail from Norris in which she told Middleton it was best that she not register
as a lobbyist, that she act as a consultant who could introduce him to legislators and let him "make the pitch."
When state prosecutors initially introduced many of the e-mails, they included the subpoena that federal investigators served
on Norris last fall to collect the documents.
Prosecutors on Wednesday asked, and Gessner agreed, to seal the subpoena from public view. The Observer, along with The (Raleigh)
News & Observer and two Raleigh television stations, objected to sealing the document. Gessner refused to hear arguments
until after the trial.
After the trial, prosecutors allowed the news media to review the subpoena, which was virtually identical to those served
on Black's office at the same time last fall. It asked for any documents related to a variety of individuals and groups,
from Black's son's pest control business to Scientific Games to a Raleigh topless bar.
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