| INVESTIGATION OF ILLEGAL OR IMPROPER ACTIVITIES IN CONNECTION WITH 1996 FEDERAL ELECTION CAMPAIGNS FINAL REPORT
of the COMMITTEE ON GOVERNMENTAL AFFAIRS SENATE Rept. 105-167 - 105th Congress 2d Session - March 10, 1998 |
MINORITY VIEWS OF SENATORS GLENN, LEVIN, LIEBERMAN, AKAKA, DURBIN,
TORRICELLI AND CLELAND
Chapter 6: Michael Kojima........................................ 5413
Findings..................................................... 5413
Contribution History......................................... 5415
Kojima's Access to the White House and Other Perks........... 5415
The Bush White House and Fundraising......................... 5418
GOP Claimed No Duty to Investigate........................... 5423
Foreign Funds................................................ 5425
Failure to Conduct a Federal Investigation................... 5427
Conclusion................................................... 5428
Chapter 6: Michael Kojima
Michael Kojima first gained public notice as a ``deadbeat
dad'' who failed to pay child support but gave $500,000 to the
Republican Party to sit with President Bush at a fundraising
dinner. His story has since gained importance as an example of
a little known contributor whose large contribution should have
been investigated before being accepted and should be returned
now. His dealings with the Republican Party and Bush White
House contradict claims that accepting foreign contributions,
providing access to large contributors, and using the White
House for fundraising purposes are unprecedented practices
confined to one party.
findings
(1) Michael Kojima contributed substantial sums to the
Republican Party in order to gain access for himself and his
associates to President Bush and Bush Administration officials
and the help of U.S. embassies abroad. With the help of a
Republican fundraising organization, the Presidential
Roundtable, and because of his status as a contributor, Kojima
obtained access to U.S. embassy and foreign officials to
advance his private business interests.
(2) Kojima's $500,000 contribution to the Republican Party
appears to have been derived from foreign funds. As a result of
his substantial contributions, Kojima was able to bring ten
Japanese nationals with him to a 1992 dinner with President
Bush. According to some of those foreign nationals, they
provided Kojima with significant sums of money for the express
purpose of facilitating their attendance at the dinner.
(3) The RNC has improperly retained $215,000 in apparent
foreign funds contributed by Kojima.
(4) The Republican Party failed to conduct an adequate
investigation of Kojima even when it had information that the
source of the funds was questionable.
Michael Kojima is a Japanese-born, naturalized U.S.
citizen. After immigrating to the United States in or around
1970, he worked as a chef in the Los Angeles area and
eventually became president of a partnership called 2M
Management Co., Ltd., which owned and operated several Chinese
restaurants.1 In 1987, 2M Management obtained three
loans totaling $655,000 from the Bank of Trade, a financial
institution later purchased by the Lippo Group.2 In
1989, 2M Management defaulted, and the bank was unable to
collect the amounts owed.3
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Footnotes at end of chapter.
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In 1990, Kojima formed a California corporation called
International Marketing Bureau, Ltd. (``IMB'').4 He
was the president, his wife was the treasurer, and his
attorney, T.J. Pantaleo, was company secretary.5 IMB
apparently never opened its own office or hired
employees.6 Documents requiring a business address
used the address of Kojima's attorney's office or his wife's
business, the Association for Refining Cross-Culture, a
nonprofit student-exchange program.7
Kojima first gained public notice when he appeared on
television seated with President George Bush at the 1992
President's Dinner, a fundraising event which raised $9 million
for Republican Senate and House candidates. Kojima was publicly
identified as the event's largest contributor.
Kojima's $500,000 contribution provoked immediate
controversy 8 due to a history of nonpayment of
child support, over $1 million in unpaid court judgments owed
to former wives and creditors, and his apparent lack of assets.
The Los Angeles Times reported that one ex-wife had been
searching for Kojima for five years to pay $700 per month in
child support, while another had ``given up searching for the
purportedly poverty-stricken Kojima--until he showed up with
the President.'' 9 A month after learning of the
$500,000 donation, the Los Angeles County District Attorney's
Office issued an arrest warrant for Kojima for nonpayment of
child support, describing him as ``America's most wanted
deadbeat dad.'' 10
The Washington Post reported that, aside from unpaid child
support, Kojima had ``a string of bad debt claims totaling more
than $1 million from previous business ventures.''
11 The New York Times reported that one creditor's
attorney ``thought Mr. Kojima had no assets,'' while another
creditor's attorney, after learning of the Kojima contribution,
felt his ```blood began to boil''. . . since Mr. Kojima had
declared bankruptcy to avoid paying his debts.'' 12
Kojima was repeatedly described as an unknown figure in
political, business, and Japanese-American circles.
The Republican Party was unable to answer questions raised
about Kojima. One newspaper reported:
When the flurry of questions arose last week, even a
Republican spokesman [Rich Galen] could shed little
light on Kojima's identity. . . . ``One could say you
should require some further proof of where the money
comes from'' before taking a check as large as
Kojima's, he said, ``but that's not the way life is.''
``It's a little difficult to cross-examine a man who's
a major donor,'' Galen said.13
After lawsuits were filed by Kojima's creditors and two
former wives to take possession of the $500,000, the Republican
Senate-House Dinner Committee, which formally sponsored the
dinner and accepted the Kojima contribution, deposited the
$500,000 into an escrow account and consolidated the cases
before a federal court in the District of
Columbia.14 After two years of litigation and an
unfavorable court ruling, 15 the Republican Dinner
Committee settled out of court.16 Under the 1994
settlement, Kojima's creditors and a former wife received
$285,000 plus accumulated interest, while the Republican Dinner
Committee retained $215,000, which was paid into a newly
created ``President's Dinner 1992 Trust & Building Fund.''
17
Kojima did not participate in the litigation. In October
1992, he was briefly arrested for nonpayment of child support,
but released from jail after agreeing to pay more than $120,000
in fines and payments to two former wives.18 He then
virtually disappeared from public view. Attempts by the
Committee to locate him proved unsuccessful.
CONTRIBUTION HISTORY
Prior to the 1992 election cycle, Federal Election
Commission (``FEC'') records indicate that Kojima, his family,
and businesses made occasional contributions to the Republican
Party, with the largest in 1988 in the amount of $4,000 to the
National Republican Senatorial Committee (``NRSC'). FEC records
then show a sudden increase in the number and size of
contributions during the 1992 election cycle. By the
President's Dinner in April, Kojima-related contributions
totaled over $600,000. After the President's Dinner and
resulting controversy, FEC records show no further
contributions. FEC records show no Kojima-related contributions
to the Democratic Party or Democratic candidates.
The specific contributions listed in Federal Election
Commission records during the 1992 election cycle are as
follows:
$5,000 contributed by IMB to the NRSC on
February 19, 1991;
$90,000 contributed by IMB to the 1991
President's Dinner, made in two payments with the first
for $15,000 on April 12, 1991, and the second for
$75,000 on May 24, 1991;
$3,000 contributed by Mr. and Mrs. Kojima to
the campaign committee of Senator Frank Murkowski of
Alaska on October 24, 1991;
$30,000 contributed by IMB to the NRSC on
March 6, 1992, later recorded as returned on April 1,
1992 due to insufficient funds;
$8,770 in the form of an in-kind contribution
by IMB to the NRSC on April 1, 1992, for a National
Museum for Women in the Arts dinner in connection with
the NRSC's Presidential Roundtable Spring Forum;
$500,000 contributed to the 1992 President's
Dinner made in three payments, with the first for
$200,000 on March 6, 1992, the second for $200,000 on
March 16, 1992, and the third for $100,000 on April 22,
1992.19
KOJIMA'S ACCESS TO THE WHITE HOUSE AND OTHER PERKS
Although the Committee was unable to locate Kojima to
question him, documents,20 interviews conducted by
Committee investigators,21 and sworn depositions
from the 1992 court case 22 provide detailed
information about Kojima's contributions and dealings with the
GOP. These materials paint a revealing picture of GOP
fundraising practices during the Bush Administration and are
attached as exhibits to this chapter.
The documents indicate that Kojima's primary association
with the Republican Party was through the Republican
Presidential Roundtable. The Roundtable is a Republican
fundraising organization which requires an annual contribution
of $5,000.23 A 1992 brochure for prospective members
states:
Designed especially to promote one-on-one personal
relationships, the Presidential Roundtable allows
members to participate in the development of policy as
well as help forge close friendships with Washington's
top decisionmakers. . . . [G]atherings often include
receptions with the President or Vice President and
always include meetings with Republican Senators,
Cabinet Officers, senior White House officials and
select leaders of our national and international
political and business communities.24
Member benefits included two Washington policy fora each year
in which, the brochure states, members can discuss issues
``directly with U.S. Senators, Administration officials and
major business leaders,'' and attend ``receptions and private
dinners held in premier restaurants, exclusive clubs, historic
locations and even in Senators' homes.'' 25 Also
provided were ``Ambassador Club'' trips abroad ``to bring top
American businessmen and women together with their counterparts
in Europe and Asia.'' The brochure states that, during a 1991
trip to England, Roundtable members met with ``Members of the
British Cabinet, Members of Parliament, the American Ambassador
to Great Britain and various lords and ladies who hosted
private dinners at their estates.''
During the 1992 election cycle, the director of the
Roundtable was Lisa DeGrandi, an experienced Republican
fundraiser who previously worked in the Reagan White House and
for the RNC. 26 Her immediate supervisor was the
finance director of the National Republican Senatorial
Committee, Albert Mitchler.27
When interviewed by Committee staff, DeGrandi recalled that
Kojima was already a Roundtable member when she was hired in
1989. She remembered his requesting and her providing a number
of letters to assist him with his private business dealings.
She told Committee investigators that, ``because Kojima had
given a great deal of money to the [Republican Presidential
Roundtable], it was important for her to do what she could ``to
keep him happy'' in order to maintain his membership.'' She
indicated that ``it was not uncommon for many of the individual
[Roundtable] members to use their memberships to market
themselves and/or their businesses.'' 28
DeGrandi confirmed that she signed letters of support from
the Republican Presidential Roundtable on behalf of Kojima
addressed to U.S. embassy officials, foreign officials, and
even heads of state. She estimated sending ``15-20'' such
letters, 29 of which the Committee has obtained
copies of over a dozen, including: two letters from DeGrandi to
the U.S. ambassador to Japan dated June 7, 1991 and March 6,
1992; three letters to officials at the U.S. Embassy in Tokyo
dated June 7, 18, and 20, 1991; a letter to the chief secretary
of Hong Kong dated August 8, 1991; a letter to the Hong Kong
chief secretary dated August 8, 1991; a general letter of
support with no specific addressee dated August 12, 1991; a
letter to a member of the Japanese Parliament dated October 15,
1991; a letter to the U.S. consul general in Hong Kong dated
October 15, 1991; a letter to the U.S. Consulate in Hong Kong
in the fall of 1991; a letter to the prime minister of Japan
dated March 9, 1992, and a letter to Deng Xiaoping, leader of
the People's Republic of China, dated March 9, 1992.
The letters use stationery containing a circular logo at
the top resembling the presidential seal and an italicized
heading on the left naming Presidents Bush, Reagan, and Ford as
``honorary members.'' The text generally begins with the
statement, ``I am writing on behalf of Mr. Michael Kojima,
President of International Marketing Bureau,'' and describes
him as ``one of the executive members of the Presidential
Roundtable, a business advisory group to President George Bush
and the administration.'' Many of the letters describe a
specific business venture, such as a Hong Kong airport project,
that Kojima was pursuing. The letters then ask for a meeting or
alert the recipient that Kojima would be contacting them. Many
invoke President Bush by name, stating that Kojima has met or
would be meeting with the President or indicating that a copy
of the letter was being forwarded to the President. In the two
March 9 letters addressed to foreign leaders, DeGrandi wrote
that Kojima will be carrying a ``message from the President of
the United States that he will share with you upon your meeting
him.''
Other documents indicate that DeGrandi's efforts played a
key role in Kojima's obtaining meetings with top U.S.
officials. An internal State Department cable dated June 15,
1991, for example, from the State Department in Washington to
the U.S. Embassy in Tokyo regarding Kojima cites his GOP
connections:
Lisa DeGrandi of the Republican National Committee
asked for followup on her fax to you dated June 7. . .
. The Committee is eager to assist Mr. Kojima in
getting an appointment with Ambassador Armacost (Ms.
DeGrandi sent a letter directly to the Ambassador as
well.).
A meeting took place at the embassy on June 24, attended by
Kojima, his business associate, and two senior embassy
officials. A memorandum drafted by Embassy personnel
summarizing the meeting begins: ``This appointment was set up
by Ms. Lisa DeGrandi, Director of the Presidential Roundtable
(see attached correspondence). We met first with Mr. Kojima
alone at his request. He explained his close ties with the
Republican Party and the importance of this project to
Republican Party campaign financing.'' A memorandum drafted by
Embassy personnel summarizing a March 19, 1992, meeting
attended by Kojima, his business associates, and U.S.
Ambassador to Japan Michael Armacost, begins the same way:
``This appointment was set up by Ms. Lisa Degrandi, Director of
the Presidential Roundtable (see attached correspondence).''
DeGrandi herself has been quoted as saying, ``If I hadn't
helped him, [Kojima] wouldn't have gotten his calls returned.''
30
The documents identify nine meetings between Kojima and
U.S. officials facilitated by DeGrandi. Six were at the U.S.
Embassy in Tokyo on June 24 and 26, July, September 30, and
October 4, 1991, and March 19, 1992. One was at the U.S.
Consulate in Hong Kong in the fall of 1991; another with the
U.S. ambassador to the United Kingdom at the ambassador's
residence in London on September 25, 1991; and one with U.S.
Treasury officials in Washington, D.C., in March 1992. An
Associated Press article by Michael Hirsh and Yuri Kageyama on
May 15, 1992, describing Kojima's foreign business dealings and
contributions to the Republican Party, includes this statement
from a U.S. official in Hong Kong:
When President Bush's people say give this guy the
time of day, we give him the time of day. We did our
best and got him the meetings he wanted. . . . We
called and set up appointments for him and for the
group. He probably couldn't have gotten through the
door without the consulate.31
The letters, faxes, and telephone calls provided by the
Republican Presidential Roundtable on behalf of Kojima to
further his private business interests have no logical
explanation other than Kojima's contributor
status.32 The fact that the Roundtable wrote letters
to two foreign leaders and invoked President Bush's name to
encourage a private meeting with Kojima illustrates the lengths
to which GOP fundraisers went in 1992 to assist large
contributors.
THE BUSH WHITE HOUSE AND FUNDRAISING
The documents also illustrate the GOP's use of the White
House and access to the president and other senior government
officials for fundraising purposes.
Kojima's $500,000 contribution to the 1992 President's
Dinner, five times larger than any previous contribution he had
made, is one of the largest contributions to a political party
by an individual ever recorded by the FEC. Documents related to
the making of this contribution demonstrate GOP fundraising
practices at the time.
A sworn deposition provided by the executive director of
the 1992 President's Dinner, Elizabeth Ekonomou, 33
describes her interactions with Kojima. Ekonomou testified that
she was first introduced to him by DeGrandi at an October 1991
lunch at the Watergate Hotel. She said that she met Kojima, his
wife, and two associates who did not appear to speak English.
She testified that Kojima indicated at that lunch that he was
interested in contributing to the 1992 Dinner and ``talked
about his participation in the neighborhood of $300,000.''
34 Apparently because of the size of his pledge,
35 Kojima was made a ``co-chairman'' of the 1992
Dinner, one of about two dozen persons given that title by the
Dinner Committee.
On February 1, 1992, invitations to the 1992 President'
Dinner went out in a mass mailing over President Bush's
signature. The cover letter, signed by President Bush, states
in part:
Together, we will join with Vice President and Mrs.
Quayle, Republican dignitaries, and key supporters,
like you, to raise the funds necessary to elect more
Republicans to the U.S. House of Representatives and to
the United States Senate. . . . Barbara and I look
forward to seeing you. . . .
The invitation included a separate sheet listing ticket prices.
It indicates that individuals may purchase a dinner ticket for
$1,500 or tickets for a ten-person table for $15,000, while
corporations were required to pay $2,000 for a single ticket
and $20,000 for a table.
The invitation also included a document entitled ``Benefits
for Tablebuyers.'' This document states that a tablebuyer is
entitled to attend a ``Private Reception hosted by President
and Mrs. Bush at The White House'' or a ``Reception hosted by
The President's Cabinet.'' In addition, a tablebuyer is
entitled to attend a ``Luncheon hosted by Vice President and
Mrs. Quayle'' and a ``Senate-House Leadership Breakfast hosted
by Senator Bob Dole and Congressman Bob Michel.'' The
tablebuyer also has an ``Option to request a Member of the
House of Representatives to complete the table of ten. With
purchase of a second table, option to request one Senator or
one Senior Administration Official.''
A similar document entitled ``Benefits for Tablebuyers and
Fundraisers,'' was sent by the dinner committee to the co-
chairmen of the dinner. It lists a range of benefits for the
most successful fundraisers. Fundraisers who sell ``two
tables'' receive the same benefits as tablebuyers plus
attendance at a ``Reception with Senator Bob Dole at U.S.
Capitol.'' Fundraisers who raise ``$92,000 and above'' receive
a ``Photo Opportunity with President Bush.'' ``Top
Fundraisers'' are promised all of the listed benefits plus the
``Opportunity to be seated at a head table with The President
or Vice President based on ticket sales.'' The document warns,
``Note: Attendance at all events is limited. Benefits based on
receipts.''
Of all the documents examined by the Committee, this
document contains perhaps the most explicit offers of access in
exchange for large contributions. It states outright that
fundraisers receive ``[b]enefits based upon receipts.'' It
states explicitly that seating with the President will be
``based on ticket sales.'' It offers GOP fundraising receptions
at government facilities including the White House, the Vice
President's Residence, and the U.S. Capitol. It promises
fundraisers access to the most senior Republican officials
including the President, Vice President, cabinet officers, and
the Senate and House minority leaders. ``Tablebuyers'' are
given the option of requesting a Member of Congress or ``Senior
Administration Official'' to sit at their tables. The offer of
access to important government officials in exchange for
contributions could hardly be more blatant.
The documents also demonstrate how these fundraising
strategies were employed by the Republican Party to encourage
large contributions. On February 5, 1992, a memorandum to
Kojima from the dinner chairman, former Senator Howard Baker of
Tennessee, promised a meeting with the President for attending
an event devoted to making fundraising calls for the dinner:
The White House has just confirmed Monday, March 9th
on The President's schedule for a special meeting with
The 1992 Dinner Deputy and Co-Chairmen. As in past
years, we will gather for a Strategy Session in which
we will make some recruiting calls and hear updates
from the House and Senate. It would be very helpful if,
in preparation for this meeting, you would put together
a list of individuals you would like to contact that
day . . . [P]lease clear your calendar for this unique
opportunity to work together to reach our goals. I look
forward to seeing you on March 9th.
A similar memorandum, dated February 5, from Senator Baker
to another dinner co-chairman, James R. Elliott, is even more
explicit: ``I would like to invite you to join the [dinner co-
chairmen] for this meeting with The President.'' 36
A followup letter dated February 19, 1992, from Senator
Baker to Kojima, expresses thanks for ``agreeing to serve as a
Co-Chairman by pledging $300,000 to The 1992 President's
Dinner. I look forward to seeing you on March 9.'' A similar
letter dated February 19, was sent to Elliott.
On February 21, the Dinner Committee sent the first in a
series of weekly memoranda from Senator Baker to the dinner co-
chairmen reporting on fundraising and urging additional
contributions. Entitled ``Finance Report,'' the February 21
memorandum states:
With just 67 days until April 28th [the date of the
dinner], we have reached a critical point in our
fundraising efforts. It is essential that you make your
recruiting calls now so there is time for the
commitments to be fulfilled. . . . I hope I'll be
seeing you in Washington on March 9th. . . .
A February 28 ``Finance Report'' from Senator Baker to the
dinner co-chairmen states: ``There are only 60 days until April
28th! . . . I would like to see all Co-Chairmen on board before
the March 9th Strategy Session so they will be able to attend
the meeting. This is an opportunity to show strong support for
President Bush when we report our progress to him at the end of
the day of calls.''
Kojima made his first contribution to the Dinner on March
6, three days before the White House meeting. The check from
his company, IMB, is for $200,000. March 6 is also the date of
a letter from DeGrandi of the Republican Presidential
Roundtable to the U.S. ambassador to Japan requesting a meeting
for Kojima. The letter states, ``As also a Co-Chairman of the
President's Dinner, Mr. Kojima met with the President regarding
a balance between the United States and Japan and working to a
new world order. Mr. Kojima will be meeting with the Prime
Minister while in Japan and at that time he has requested to
meet with you.'' This letter has a handwritten notation on it,
``Has he called?'' The requested meeting between the ambassador
and Kojima took place two weeks later, on March
19.37
President Bush's public schedule confirms that on March 9,
he met ``in the Roosevelt Room with members of the National
Republican Senatorial and Congressional Committee[s] to discuss
the President's Dinner.'' 38 A ``Tentative Agenda''
for the March 9th Strategy Session also cites this White House
meeting:
10:30 a.m. ``Briefing and Strategy Session'' with
Dinner Chairman Senator Baker at the Hay Adams Hotel
12:30 p.m. ``Lunch with the Vice President and
Cabinet Members'' at the hotel
2:30 p.m. ``Strategy Session (Part II)'' at the hotel
3:30 p.m. ``Depart for the White House''
4:00 p.m. ``Meeting with the President'' at ``The
White House''
Clearly, the dinner committee used the promise of a White House
meeting with the President, as well as a luncheon with the Vice
President and Cabinet members, to convince the individuals
serving as its co-chairmen to fly to Washington and spend
several hours making telephone fundraising calls to potential
contributors.
Kojima apparently not only attended the March 9 strategy
session and White House meeting with the President, he also
visited DeGrandi at the Republican Presidential Roundtable and
obtained letters on his behalf to the leaders of Japan and
China. The two letters, each dated March 9, contain the
identical sentence: ``I met with Mr. Kojima while he was here
in Washington, D.C. before he met with President Bush at the
White House.'' Both also state that Kojima has a ``message from
the President of the United States that he will share with you
upon your meeting him.''
On March 13, the dinner committee sent another ``Finance
Report'' to its co-chairmen. The memorandum states: ``One
hundred tables were sold last Monday at the Strategy Session,
making it the most successful ever. . . . In order to insure
reaching our goals, it is still necessary to keep recruiting.
However, it is also time to start turning pledges into
receipts.''
On March 16, Kojima signed a second IMB check contributing
$200,000 to the dinner. His wife, Chiey Nomura Kojima, sent the
check to the dinner's executive director, Ekonomou, with a
cover letter stating that ``we have provided a check in the
amount of $200,000 to support Bush administration for re-
election,'' even though dinner contributions were supposed to
be used to elect Republican Members of Congress rather than to
re-elect President Bush.
On March 20, the dinner committee issued its weekly Finance
Report to the co-chairmen. The memorandum states: ``I want to
remind you that the individual who raises the most money in
actual receipts by Friday, April 24 will have the honor of
saluting President Bush with a special toast during The Dinner.
As of today, the following are in contention for the toast to
The President: ``1. Mike Kojima--Receipts $400,000 . . . .''
[Original emphasis.]'' The memorandum lists six other
individuals as well, but none has ``receipts'' approaching
$400,000.
The March 27 Finance Report states: ``32 DAYS AND COUNTING!
We are at $5.7 million in pledges and receipts. Keep on
working. Remember that the top fundraisers and their spouse or
guest will be invited to sit at the head tables.''
On April 1, 1992, FEC records indicate that IMB made an in-
kind contribution of $8,770 to the NRSC for a National Museum
for Women in the Arts dinner in connection with a Presidential
Roundtable Spring Forum.39 A February 27 letter
offering tickets to the Spring Forum for $265 per person or
$530 per couple states: ``The day concludes with our reception
and dinner with President Bush at the historical National
Museum for Women in the Arts.'' President Bush's public
schedule confirms that he and his wife attended.40
DeGrandi recalled that Kojima sponsored the event by paying for
the museum rental,41 and a handwritten note from
Kojima's wife states that she and her husband ``sponsored and
hosted it.'' 42 The documents do not indicate
whether Kojima sat at the head table with the President or
offered a toast.
On April 3, the dinner committee sent its weekly Finance
Report to the co-chairmen. The memorandum states: ``With only
25 days until The Dinner, now is the critical time for us to
focus on turning pledges into receipts. The toast and headtable
standings are shaping up as follows:
------------------------------------------------------------------------
Pledges/
Receipts Receipts
------------------------------------------------------------------------
1. Mike Kojima.......................... $400,000 $450,000
2. Bill Schreyer........................ 258,000 877,500
3. Carl Lindner......................... 250,000 250,000
------------------------------------------------------------------------
The memorandum lists 11 names in all.
The next two Finance Reports, dated April 10 and 17, also
provide prospective ``Headtable seating arrangements'' based
upon actual receipts. The April 10 report lists Kojima, with
$400,000 in receipts, as the fourth and final fundraiser to be
seated with the President. However, the April 17 report--the
final report before the dinner--shows Kojima as having dropped
in the ``standings'' and lists him as being seated at the Vice
President's table.
A fax and memorandum dated April 20, 1992, from Ekonomou to
Kojima, also place him at the Vice President's table. Entitled,
``Dinner and Special Events Attendees,'' the memorandum states:
``Thank you for the list of individuals planning to attend The
Dinner and the Special Events that day. Because of their
intimate nature, the two receptions where it is not appropriate
for your photographer to accompany you are the Oval Office
Reception and the Headtable Reception. As of today, it looks as
if you and your wife will be seated at The Vice President's
Headtable. This leaves 23 guests . . . to be seated at your 3
tables. We have placed Senator and Mrs. Murkowski at table #1
and Senator and Mrs. Seymour at table #2, which brings your
total attendees to 27. If you would like a VIP at your 3rd
table, please let us know.''
On April 22, 1992, Kojima signed a third check for $100,000
made out to the President's Dinner. Unlike the first two
checks, this contribution was not from an IMB account, but from
Kojima's personal account. His total contribution of $500,000
was the largest from any individual at the dinner; his
competing fundraisers had raised their sums from more than one
source.
As a result of his last-minute contribution, Kojima and his
wife were seated at the head table with President
Bush.43 Kojima was listed in the dinner program as
one of 24 deputy chairmen and co-chairmen of the event. The
program describes the dinner as ``the single largest
fundraising event in history for Republican House and Senate
candidates.'' Television coverage showed the President greeting
Mrs. Kojima with a kiss on the cheek when joining the
table.44 Kojima's contribution was also widely
reported, leading to the lawsuits filed by his past wives and
creditors.
The facts surrounding the 1992 Republican President's
Dinner provide important information about GOP use of the White
House to encourage fundraising. The Dinner invitations
explicitly promise a White House reception with the President
and First Lady in exchange for contributions. Dinner co-
chairmen who made fundraising calls for the dinner met with the
President in the White House's Roosevelt Room and lunched with
the Vice President and Cabinet members. Top fundraisers
attended a special, exclusive reception in the Oval Office.
Videotapes of the March 9 meeting in the Roosevelt Room and
the April 28 Oval Office reception likely exist, and the
Minority made requests to view the videotapes. The Majority,
however, refused to support these requests on the ground that
such events were outside the scope of an investigation into the
1996 elections. But evidence documenting the Bush
Administration's use of the White House to facilitate
fundraising is critical to evaluating whether the Clinton
Administration's use of the White House was in line with
precedent.45
gop claimed no duty to investigate
One issue examined by the Committee during its hearings is
to what extent parties have an obligation to investigate
persons offering large contributions. The Republican Party
provided its views when Kojima's $500,000 contribution became
public and questions arose regarding his status as a debtor and
``deadbeat dad'' who may have lacked the financial resources
for such a large donation. The Republican Party responded that
it had no duty to investigate or verify his contribution.
Rich Galen, spokesman for the Republican President's
Dinner, told the press at the time, ``There's no requirement in
practice or in law that a political organization or charitable
organization get any kind of statement from a donor as to the
origins of the money.'' 46
Deposition testimony provided a year later by Ekonomou, an
experienced Republican fundraiser and the Dinner's executive
director, establishes that GOP fundraisers believed they had no
obligation to investigate any contributor or contribution.
Ekonomou stated under oath:
Q. Did the Dinner Committee do any kind of background
search or verification regarding its top fundraisers?
A. No.
Q. Do you believe that the Dinner Committee has
responsibility to do any kind of background
verification or search about its fundraisers or top
fundraisers?
A. No.
Q. In light of your experience and the concern that
was raised in you after revelations of Mr. Kojima's
outside activities, you continue to have no belief that
the Dinner Committee has any kind of obligation to do
any verification of the background of its top
fundraisers?
A. I do not believe that the President's Dinner has
any obligation to get background information on its top
fundraisers.47
Jan Baran, legal counsel for the dinner committee and also
long-time legal counsel to the RNC and other Republican Party
organizations, put it even more forcefully in 1993 legal
pleadings filed with the U.S. District Court for the District
of Columbia:
[P]olitical organizations such as the [Republican
Dinner] Committee must be able to receive and use
contributions. If they were required to investigate all
contributors and establish a pedigree for all
contributions, their First Amendment protected
activities would be seriously handicapped. . . . The
Federal Election Campaign Act of 1971, as amended,
imposes no burden upon political organizations to
investigate the solvency of contributors.48
The unequivocal position of the dinner's legal counsel,
executive director, and spokesman is powerful evidence that, in
the years prior to the start of the 1996 election cycle, GOP
fundraisers believed they had no legal obligation to
investigate either contributors or suspect contributions. This
position is clearly relevant to understanding the actions of
fundraisers during the 1996 cycle who also failed to
investigate particular contributions and to evaluating the
propriety of those actions.
The documents do show, however, that as media inquiries
about Kojima intensified in the period before the April 28
dinner, the dinner committee made one attempt to obtain more
information about Kojima and the source of his funds. A
memorandum dated April 24, 1992, to Senator Baker from Ekonomou
and Galen provides this account:
Chuck Babcock of the Washington Post has called
numerous times, over the past two days, regarding the
donations of Mr. Kojima. Mr. Kojima is listed as one of
the largest donors to The Dinner in the FEC report
which was filed on April 15. . . .
Babcock has been unable to find out any information
regarding Mr. Kojima which raised his interest. . . .
He had the Post's Los Angeles bureau check Secretary
of State documents in California and found the only
reference to a ``Michael Kojima'' one who was a chef
and owned, at one time, a series of restaurants.
His further research indicated that the address
listed as the headquarters of International Marketing
Bureau was also the address of one of the restaurants
owned by the Michael Kojima he could find. . . .
His specific concerns . . . ``How do you know whether
these checks come from the assets of his corporation or
whether they are the result of laundered money?'
This question raised our concerns to the point where
we placed a call to Mr. Kojima and asked him about his
business.
Mr. Kojima, in a phone conversation with Rich and
Betsy said:
(1) His business is ``international marketing'';
(2) He has clients in ``various countries''
including: The USA, Japan, Hong Kong and Israel;
(3) He is involved in ``organizing consortiums'' for
``national projects'' such as airports and
telecommunications systems. . . .
(4) We specifically asked him the source of funds
which are represented by the checks he has sent. He was
asked if they were from corporate proceeds or ``from
individuals who had chosen to donate to The Dinner.''
His specific answer was that the checks were
``corporate assets, my own corporation assets.''
We feel much more comfortable now, having spoken to
Mr. Kojima:
--That we have taken reasonable steps to ensure the
funds he has sent to The Dinner are from a legitimate
source;
--That he understood the nature of our concerns; and,
--That he answered our questions with no hint of
evasion.49
This memorandum indicates that, prior to the dinner, the
Republican dinner committee knew that Kojima was engaged in
international business, that the business address he had
provided for IMB was the address of a California restaurant,
and that the lack of ready information about him and his
business had raised concerns that he lacked the funds to make a
$500,000 contribution and might be ``laundering'' money for
someone else.
When the press raised these red flags, the dinner
committee's senior personnel telephoned Kojima to ask him about
the funds used for his contribution. He responded that he was
using corporate funds, yet the day before the committee had
received his personal check for $100,000. They also failed to
ask him whether he or his company, whose business was
international marketing, was utilizing foreign funds. In
addition, despite having a list of 23 persons that Kojima was
inviting to the dinner as his guests, including at least ten
foreign nationals, the dinner committee never asked Kojima if
he was using funds supplied by his guests to finance the
$500,000.
foreign funds
If the Republican Dinner Committee had asked, it might have
discovered the evidence that emerged in early 1997 indicating
that the Kojima contribution was being financed, in whole or in
part, with foreign money.
Kojima brought 23 guests to the 1992 President's
Dinner.50 In a July 7, 1997, broadcast and
subsequent materials posted on its website, CBS News revealed
that these guests included ten Japanese citizens who flew in
from Tokyo for the dinner.51 Five were Japanese
businessmen, three of whom stated, according to CBS News, that
they had paid Kojima significant sums of money to attend the
President's Dinner. For example, Shuuichi Nakagawa told CBS
said that he attended the dinner as a Kojima guest and that
Kojima asked him for hundreds of thousands of dollars. Takashi
Kimoto, a real estate company owner, reportedly stated that he
``KNOWS his money went to the GOP.'' 52 [Original
emphasis.]
CBS News also released a document apparently provided by
one or more of the Japanese businessmen. Printed in English and
Japanese, the English version appears on IMB letterhead, is
entitled ``Receipt,'' and is addressed to Tsunekasu Teramoto, a
person known to work with Kojima and IMB.53 The next
line of the document is the word ``Participant:'' followed by a
blank line. The text states: ``Your Participation for 1992
President's Dinner will be the minimum requirement of donation
at one Hundred Seventy-Five Thousand (US $175,000) U.S.
Dollars.'' The document instructs the money to be remitted to
IMB, providing the location and number of a specific bank
account, which is the same bank account number that appears on
the two IMB checks providing $400,000 to the Republican Dinner
Committee. Below the remittance instructions is a blank
signature line over: ``Michael Kojima, Co-Chairman.'' If
authentic, the document suggests that Kojima was using his
status as a co-chairman of the President's Dinner to obtain
huge sums of money from foreign sources in exchange for
arranging attendance at the dinner.
Given Kojima's apparent lack of assets, the explanation
offered by the Japanese businessmen for the source of Kojima's
$500,000 contribution, their attendance at the President's
Dinner, and the English/Japanese receipt bearing IMB's specific
bank account number are, together, strong evidence that the
Kojima contribution utilized illegal foreign funds. Yet,
despite requests from the Minority, the Majority refused to
allow Committee investigators to interview any of the Japanese
businessmen or investigate their allegations.
The Majority also refused to issue a subpoena for bank
records associated with IMB or Kojima bank accounts, which
might have established the deposit of foreign funds into these
accounts. Some of these bank records were produced in
connection with the 1992 court case. The signature card for the
IMB account at Sumitomo Bank of California, for example, shows
that the account was opened in November 1990, with three
authorized signatories: Kojima, his wife, and his attorney. But
no monthly bank statements for the IMB account were produced in
connection with that case.
Other records were produced in connection with Kojima's
personal account at the Bank of California, which was the
account used to write the third check to the President's Dinner
for $100,000. These records show that the account was opened on
February 20, 1992, that Mr. and Mrs. Kojima were the only
authorized signatories, and that an initial deposit was made of
$1,000. Monthly bank statements show that no further activity
took place in the account until April 1992, when three deposits
were made in a four-day period. The first was for $24,381 on
April 20; the second was a wire transfer of $200,000 on April
23; and the third was a wire transfer of $164,631.90 on April
24.
Four checks were then written over a three-week period in
April and May 1992. The first, for $8,100, paid on April 24,
may have been for the museum rental bill associated with the
Spring Forum dinner. The next, for $100,000, was the
contribution to the President's Dinner. The third check, also
for $100,000, represented a contribution to Harvard
University.54 The fourth check, for $175,000,
withdrew the bulk of funds from the account on May 11, 1992. No
further activity took place until the account was closed in
July, five months after it was opened. None of the documents
from the 1992 court case indicate where the two April wire
transfers originated. A Committee subpoena might have
established whether those wire transfers deposited foreign
money into the Kojima account, but the Majority denied Minority
requests for subpoenas to obtain the necessary bank records.
The Majority's justification--that the 1992 Kojima
contribution was too old for Committee investigation--is
contradicted by the fact that the Majority not only
investigated but held hearings on a $50,000 contribution to the
Democratic Party by Hip Hing Holdings that was made in August
1992, and for which Hip Hing Holdings later sought
reimbursement from sources in Indonesia.55 The
Kojima contribution is from the same year and ten times
larger--potentially the second largest single infusion of
foreign funds into either party, exceeded only by the loan
transaction involving the National Policy Forum, RNC and Hong
Kong funding, described in an earlier chapter. It is also
relevant that, while the Democratic Party returned the $50,000
Hip Hing Holdings contribution, the Republican Party has
continued to retain $215,000 from Kojima. Its retention of
these funds means that the Republican Party is holding almost a
quarter of a million dollars in likely foreign funds.
One other set of facts raises questions about the dinner
committee's own suspicions regarding the Kojima funds. Kojima
originally contributed $500,000 to the Republican Senate-House
Dinner Committee to elect Senate and House candidates in 1992.
The 1994 settlement agreement, however, re-directed the funds,
depositing them into a new dinner committee account called a
``Trust & Building Fund.'' Section 441e of the Federal Election
Campaign Act prohibits foreign contributions to local, state,
or federal candidates, but is silent on whether foreign funds
may be contributed to parties to conduct non-candidate-related
activities, such as constructing office facilities. Did the
Republican Party re-direct the Kojima funds from a candidate to
a non-candidate account in order to better its chances for
retaining the funds in case they were later deemed foreign? How
else can the complex 1994 transaction creating a new account
solely for the Kojima funds be explained?
failure to conduct a federal investigation
On June 9, 1992, Common Cause asked Attorney General
William Barr to request appointment of an independent counsel
to investigate ``whether criminal violations of federal law
[had] occurred in connection with The President's Dinner.''
Common Cause raised two sets of possible violations, each
involving a co-chair of the dinner. With respect to Kojima,
Common Cause stated:
Published reports indicate that Kojima was heavily in
debt, that [IMB] may not have had $500,000 to
contribute and therefore that the $500,000 may in fact
have come from unidentified contributors. The published
reports . . . raise serious questions of violations of
2 U.S.C. 441(f) (prohibiting contributions made in the
name of another) and 2 U.S.C. 434 (requiring disclosure
of the source of contributions).
Two weeks later, on June 24, 1992, John C. Keeney, deputy
assistant attorney general for the criminal division, sent a
one-page letter to Common Cause. He stated without further
explanation:
We have determined that there is no basis to seek
appointment of an Independent Counsel. . . . Moreover,
we find no personal or Department of Justice conflict
of interest which requires the appointment of an
Independent Counsel.
As far as the Minority has been able to determine, no criminal
investigation of the Kojima contribution took place outside of
this two-week period.
The Minority is also unaware of any FEC investigation of
the Kojima contribution, although it is possible an
investigation was initiated without any public notice and is
still underway.56
The absence of any significant civil or criminal federal
investigation of the Kojima contribution may have sent the
message that even a contributor with a questionable background
may contribute hundreds of thousands of dollars to a political
party, and no federal inquiry will follow. The FEC and Justice
Department's apparent inaction in the Kojima matter may have
been perceived as giving a green light to the no-questions-
asked fundraising that followed in the 1996 election cycle.
conclusion
At the start of the Committee's investigation, the Majority
supported efforts to investigate the Kojima contribution,
issuing document requests to the State Department and
Lippobank, among others. But the Majority later reversed
course, refusing to support obtaining additional documents,
interviews, or public testimony about Kojima.
Yet the facts and documents surrounding Kojima's $500,000
contribution provide information of great relevance to the
Committee's investigation into the 1996 elections. This
contribution is potentially one of the largest foreign-funded
contributions to either party. The Kojima case establishes
clear precedent for a political party using the White House and
access to senior government officials to encourage fundraising.
In a two-year period, due to his contributor status, Kojima met
President Bush on five occasions, including at an Oval Office
reception; met with Vice President Quayle twice; met Cabinet
members at an intimate lunch; and met multiple times with U.S.
ambassadors and senior embassy personnel. The Kojima case is a
precedent for large contributors bringing foreign nationals as
their guests to fundraising events attended by the President.
The Kojima case also demonstrates the lengths to which GOP
fundraisers went to assist large contributors in furthering
their private business interests--even attempting meetings with
foreign leaders. The Kojima case demonstrates the belief in the
fundraising community that the law imposed no legal obligation
on them to investigate any contributor or contribution, even
when questions were raised. The Kojima case also demonstrates
the Republican Party's continuing belief that it has no
obligation to return suspect funds.
In short, the Kojima case offers proof that campaign
finance abuses are a bipartisan problem with a long history.
footnotes
\1\ Kojima's employment history is described in documents contained
in files associated with 1992 Republican Senate-House Dinner Committee
v. Carolina's Pride Seafood, Inc. Civil Action No. 92-1141 (D.D.C), and
Bank of Trade v. 2M Management Co., Ltd., No. C697606 (California
Superior Court, Los Angeles County).
\2\ The first loan was made on 3/3/87 for $80,000 to finance new
restaurant franchises; the second loan was on 4/14/87 for $250,000 to
finance interior construction of a new restaurant at a shopping mall;
and the third was on 4/14/87 for $325,000 to buy out other shareholders
in certain restaurants. Kojima personally guaranteed repayment along
with his partner and the founder of 2M Management, Margaret Wong.
\3\ Bank of Trade v. 2M Management Co., Ltd., No. C697606
(California Superior Court, Los Angeles County); 1992 Republican
Senate-House Dinner Committee v. Carolina's Pride Seafood, Inc., 858 F.
Supp. 243, 246 (D.D.C. 1994) (The bank obtained creditor's judgment
against Kojima for $586,000 on 12/31/90.)
\4\ Certified statement by California Secretary of State, 5/20/97.
The certification states that IMB was incorporated on 6/27/90,
suspended for nonpayment of taxes from 8/3/92 until 5/24/93 and from 4/
1/94 until 4/18/94, and listed on 5/20/97 as an active California
corporation.
\5\ IMB's Statement By Domestic Stock Corporation, 6/17/91;
signature card for IMB bank account at Sumitomo Bank of California, 11/
90.
\6\ Committee investigators were unable to locate any IMB office.
See also Washington Post, 5/8/92 (IMB ``operates out of his lawyer's
office, and phone messages are taken by an answering service.'') and
Los Angeles Times, 5/8/92 (IMB ``is run out of the office of his wife's
student exchange program. . . . Nowhere in the two-room office is there
any evidence of a marketing company.'').
\7\ See, for example, IMB incorporation documents (attorney's
office and wife's office address used), IMB checks and bank records at
Sumitomo Bank of California (wife's office address used), and FEC
contribution records (attorney's office address used).
\8\ See, for example, Associated Press, 4/29/92; Los Angeles Times,
4/29/92; Chicago Tribune, 4/30/92; Orlando Sentinel Tribune, 5/7/92;
Washington Post, 5/8/92; and St. Louis Post-Dispatch, 5/9/92.
\9\ Los Angeles Times, 5/9/92.
\10\ New York Times, 10/11/92; Los Angeles Times, 10/11/92; New
York Times, 10/18/92; and Daily News, 10/15/96.
\11\ Washington Post, 5/8/92.
\12\ New York Times, 5/9/92.
\13\ Los Angeles Times, 5/8/92.
\14\ The 1992 Republican Senate-House Dinner Committee v.
Carolina's Pride Seafood, Inc., (D.D.C.), Civil Action No. 92-1141.
\15\ 858 F. Supp. 243 (D.D.C. 1994).
\16\ Judgment by Consent, Civil Action 92-1141 (9/6/94).
\17\ Judgment by Consent, Civil Action 92-1141 (9/6/94). FEC
records show that the Fund was established on 9/20/94 as a new non-
federal account of the Dinner Committee. Statement of Organization, FEC
ID No. C00261719; and 1992 President's Dinner, Report of Receipts and
Disbursements, Schedule B, Itemized Disbursements, 10/94, p. 1.
\18\ People v. Kojima, Los Angeles Municipal Court, Case Nos.
92R25264 and 92R00618, Reporter's Transcript of Proceedings on 10/15/
93. See also Dallas Morning News, 10/11/92 (``Kojima, 51, . . . was
arrested in the Salt Lake City Airport as he prepared to board a plane.
. . . He had eluded investigators for four months, moving frequently
and living under assumed names, officials said.'') and Los Angeles
Times, 10/11/92.
\19\ Although FEC records indicate that all three contributions to
the 1992 President's Dinner were made by IMB, the final payment of
$100,000 was drawn on Kojima's personal bank account, and was held in
the 1992 court case to be a personal expenditure. 858 F. Supp. 243,
249.
\20\ Documents analyzed by the Minority include records from the
1992 court case; FEC contribution and enforcement records; records
collected by Common Cause regarding the 1992 President's Dinner;
records provided by the State Department and Lippobank in response to
Committee document requests; documents provided in connection with
Committee interviews; and other materials.
\21\ Committee investigators conducted a number of interviews,
prepared eight formal interview reports, and summarized several
investigative efforts. In several instances, interviewed persons
voluntarily provided documents.
\22\ Depositions in the 1992 court case were provided by the
Republican Dinner Committee's executive director Elizabeth Ekonomou,
comptroller Christopher Ward, and assistant treasurer Trudy Matthes
Barksdale.
\23\ 1992 Presidential Roundtable brochure.
\24\ A letter dated 6/22/90, from Presidential Roundtable co-
chairman Senator Don Nickles to prospective members, describes it this
way: ``Working with the Republican members of the United States Senate,
the Presidential Roundtable operates much like a private club--a club
whose members meet, talk, and dine with some of the most important
people in the world. . . . It is an exclusive political organization, a
unique business forum, and a special social club combined.''
\25\ The brochure also lists benefits related to the 1992
Republican National Convention in Houston, including a ``private tour''
of the NASA Space Center ``hosted by Senators from the Committee on
Commerce, Science and Transportation.'' A brochure photograph is
captioned: ``Secretary Richard Cheney briefs the Roundtable Members on
Defense issues at the Pentagon.'' Both are examples of U.S. government
facilities being used to encourage GOP fundraising.
\26\ Committee investigators interviewed DeGrandi at length and
prepared two interview reports dated 6/4/97 and 7/3/97.
\27\ Staff interview with DeGrandi, 6/4/97, p. 1.
\28\ Staff interview with DeGrandi, 6/4/97, p. 4.
\29\ Staff interview with DeGrandi, 6/4/97, p. 4.
\30\ DeGrandi, Lisa. ``A Staffer's Own Story,''
www.eveningnews.com/lisadegrandi.html, p.3.
\31\ See also Los Angeles Times, 5/18/92: ``In October, theForeign
Commercial Service at the U.S. Consulate in Hong Kong did get a letter
from the Presidential Roundtable introducing Kojima, a consulate
spokesman said Sunday. . . . A week later, Kojima asked the consulate
to set up appointments with the Hong Kong airport authorities. The
consulate obliged, and Kojima met with airport officials, but did not
land a contract, the spokesman said.''
\32\ A 10/1/91 memorandum prepared by an Embassy official, for
example, summarizing a 45-minute meeting with Kojima, states the
following: ``Mr. Kojima explained that he is trying to assemble a
consortium for the Hong Kong Airport project and needs introductions to
Japanese banks to secure funding. We explained that [the commercial
office of the U.S. Embassy in Japan] is primarily concerned with
promoting exports of U.S. goods and services, and is not positioned to
make introductions to Japanese banks. We also indicated that Mr.
Kojima's list of consortium members showed little participation by U.S.
firms.'' In other words, the embassy was being asked to further
Kojima's private business interests even when they involved obtaining
business for foreign, not American, firms.
\33\ This deposition was provided on 4/8/93 in connection with the
1992 court case.
\34\ Elizabeth Ekonomou deposition, 4/8/93, pp. 35-36.
\35\ See letter from Dinner Chairman Howard Baker to Kojima,
thanking him for ``agreeing to serve as a Co-Chairman by pledging
$300,000,'' 2/19/92.
\36\ This memorandum, as well as other internal documents related
to the President's Dinner became publicly available in connection with
an FEC enforcement action against Elliott. See In re Cherry
Communications Inc., MUR No. 3672.
\37\ FEC records also indicate that on March 6, IMB contributed
$30,000 to the NRSC, but one month later this contribution was returned
due to insufficient funds.
\38\ 28 Weekly Comp. Pres. Doc. 477 (3/13/92).
\39\ NRSC/Nonfederal Schedule A for Itemized Receipts, p. 16.
\40\ 28 Weekly Comp. Pres. Doc. 584 (4/3/92).
\41\ DeGrandi interview report, 6/4/97, p. 6.
\42\ Letter from Chiey N. Kojima to Dr. Hausman of the John F.
Kennedy School of Government, enclosing a copy of the dinner menu with
a thank you to the Kojimas printed at the bottom, 4/4/92.
\43\ The Court in the 1992 court case describes the sequence of
events this way: ``The flurry of notices to contributors like Michael
Kojima exhorted them to increase donations. Kojima, apparently taking
the notices to heart, contributed another $100,000 to the 1992
Committee via a personal check . . . Kojima then qualified to sit at
the President's table.'' 858 F. Supp. 244.
\44\ CBS Evening News footage re-broadcast on July 7, 1997.
\45\ In October, Committee Chairman Thompson was reported by the
press as disagreeing with ``the notion that possible [campaign-finance]
misdeeds by President Clinton and his aides are no worse than those of
the Reagan and Bush administrations. . . . ``We have a scandal going on
in Washington, D.C., now that is not like anything we've seen before,''
he said. ``We have seen unprecedented amounts of money flow into the
White House.''' Associated Press, 10/18/97.
\46\ Column by Lars-Erik Nelson in San Diego Union-Tribune, 5/14/
92.
\47\ Elizabeth Ekonomou deposition, 4/8/92, pp. 102-103.
\48\ Pleading filed by Baran on July 22, 1993, on behalf of the
Republican Senate-House Dinner Committee. The Court subsequently
disagreed, found Kojima insolvent, ordered a portion of his $500,000
contribution paid to his creditors, and authorized additional discovery
into IMB's solvency. 858 F. Supp. at 249. The Republican Committee then
settled the lawsuit, keeping $215,000 and releasing $285,000 plus
interest to Kojima's creditors. Judgment by Consent, Civil Action 92-
1141 (9/6/94). The Republican Committee also moved and the court agreed
to vacate its published decision, so that no precedent would be set
requiring political committees to surrender contributions from
insolvent contributors. Motion filed by Republican Committee 8/30/94;
court order filed 11/8/94.
\49\ This memorandum is referenced in the Court decision, 858
F.Supp. at 245, n. 5, and is available in the public file associated
with the 1992 court case.
\50\ See 4/20/92 fax and memorandum to Kojima from Ekonomou,
described acknowledging receipt of a list of 23 guests.
Ekonomou had this guest list prior to calling Kojima on April 24.
\51\ CBS News has reprinted several photographs of Kojima's
Japanese guests at the President's Dinner on its website at
www.eveningnews.com/moneytrail2.html.
\52\ While Kojima's guest list for the dinner has not been produced
to the Committee, Kimoto's name does appear in a State Department
document summarizing a 3/6/92 meeting between Kojima and the U.S.
ambassador to Japan. The document lists Kimoto as a participant at the
invitation of Kojima, thereby providing evidence that the two were
engaged in business dealings in the month before the President's
dinner.
\53\ Teramoto, for example, attended meetings with Kojima and U.S.
embassy personnel, and is listed on embassy documents summarizing the
meetings. His name also appears in correspondence between Mr. and Mrs.
Kojima and Harvard University, including a 3/10/92 letter from Mrs.
Kojima which describes Teramoto as Kojima's ``Japan agent.'
\54\ In the spring of 1992, in addition to contributing $500,000 to
the President's Dinner, Kojima made three contributions to Harvard
University totalling $205,000. Committee investigators conducted
interviews and obtained documents in connection with this matter,
including copies of the checks used to make the contributions. Two of
the checks, both dated March 5, 1992, are written on IMB's account at
Sumitomo Bank of California. One gave $100,000 to the Institute for
Social and Economic Policy in the Middle East at the John F. Kennedy
School of Government; the other contributed $5,000 to the University's
general fund. The third check, dated May 1, 1997, was drawn on Kojima's
personal account at the Bank of California and contributed another
$100,000 to the Institute.
The documents and staff interview reports dated 5/29/97 and 6/3/97
with Institute Director Leonard Hausman indicate that Kojima invoked
his status as co-chairman of the President's Dinner to establish his
credentials with Harvard. The 5/29 report states that the director
called a person from the ``Republican party in Washington, D.C.'' who
confirmed ``that Kojima was a significant contributor to the Dinner,
that he was a Dinner co-chairman and that he was indeed going to sit at
the head table with the President and Mrs. Bush. [The director]
concluded that if the G.O.P. thought enough of Kojima . . . [to] sit
him with the President, then Harvard could accept Kojima's money as
well.'' The director indicated that ``[i]n return'' for his
contribution, Kojima ``desired to be appointed to the Board of
Directors for the Institute.'' He recalled receiving letters of
recommendation ``from Japanese legislators or officials urging [him] to
appoint Kojima to the Board of Directors,'' but did not do so. Harvard
University did, however, arrange for Kojima to meet with senior
university personnel and invited him to participate in a Harvard
symposium. Kojima, in turn, invited the director to the President's
Dinner, and he attended as one of Kojima's 23 guests. These incidents
demonstrate Kojima's use of his status as a dinner co-chairman to win
entry into other circles and the Republican Party's ready assistance to
further his personal interests.
\55\ See, for example, Juliana Utomo, 7/15/97 Hrg., pp. 9-12.
\56\ The FEC did initiate, in October 1992, a civil investigation
of the other dinner co-chair named in Common Cause's request for an
independent counsel, James R. Elliott. That investigation, MUR 3672,
concluded in 1996 when the FEC released a conciliation agreement in
which Elliott and his company, Cherry Communications, Inc., agreed to
pay a $150,000 civil penalty for violating 2 USC 441b(a)'s prohibition
against corporate contributions.