990735 Tyson Exec's Conviction Reinstated

Washington - In a small victory for Independent Counsel Donald Smaltz, a federal appeals court reinstated the conviction of a Tyson Foods executive accused of providing illegal gifts to former Agriculture Secretary Mike Espy.

The 2-1 ruling sends the case of Archie Schaffer III case back to the lower court for sentencing on charges he violated the Meat Inspection Act. A lower court had overturned the jury's guilty verdict last June on two counts, violations of the Meat Inspection Act and the federal gratuity statute. The appeals court left alone the gratuity acquittal.

The Meat Inspection Act, a charge that has a mandatory one year sentence, prohibits giving “money or other thing of value, with intent to influence” to a government official.

“While we agree with the district court's determination that the evidence cannot support a conviction for giving an unlawful gratuity, we find sufficient evidence in the record from which a reasonable juror could have concluded that Schaffer violated the Meat Inspection Act,” the court wrote in the 26-page decision.

The ruling is a minor boost for prosecutor Smaltz, who unsuccessfully prosecuted Espy for accepting gifts from Tyson and other companies regulated by the Agriculture Department. A federal jury in December acquitted Espy of all charges.

For his part, Schaffer said, “I remain absolutely convinced that I am innocent of any offense. ... This matter has been long, drawn-out and difficult for a lot of people. I believe we will prevail in the end.”

“We will pursue all further remedies available through the judicial system,” said William H. Jeffress Jr., Schaffer's attorney.

Reaffirming that, Tyson Foods said in a statement: “Archie is and will continue to be a valued team member. ... We remain totally convinced of his innocence and will continue to support him in his pursuit of legal remedies.”

In a dissenting opinion, U.S. Circuit Judge Karen LeCraft Henderson wrote: “I believe, like the district court, that the government failed to adduce evidence to support a finding of intent to influence discharge of a specific duty under the Meat Inspection Act.”

U.S. District Judge James Robertson overturned Schaffer's convictions in September.

Schaffer, a company spokesman and governmental affairs director, was convicted of providing illegal gifts to Espy on two occasions: in January 1993, at President Clinton's inaugural dinner; and in May 1993, at a birthday party for company chairman Don Tyson in Russellville, Ark.

In his ruling, Robertson noted that Schaffer was indicted for trying to influence two proposed rules under the Meat Inspection Act. But the judge found “no evidence that Mr. Schaffer or anybody in Tyson Foods knew of or anticipated anything about” the proposed policy changes at the time of the events.

He also noted that once the policy changes were announced, there was no evidence that “Mr. Schaffer or Tyson Foods had any objection or opposition.”

Another Tyson executive, lobbyist Jack Williams, was tried with Schaffer last year and convicted of lying to investigators. He has withdrawn his appeals.

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