Prosecutorial Misconduct by Asst. U.S. Attorney Gary Restaino in the Case of Former Congressman Renzi

This executive summary was derived from the factual evidence contained in the formal 190-page complaint and request for investigation filed with the Inspector General and the Office of Professional Responsibility within the Department of Justice on April 10, 2019. The complaint details the misconduct committed by Gary Restaino, Esq., an Assistant United States Attorney in Arizona (“AUSA Restaino”), and Daniel Odom a Special Agent of the Federal Bureau of Investigation (“SA Odom”). The formal complaint was filed by Kelly Kramer, Esq. who is co-leader of the White Collar Defense practice of Mayer Brown, the 14th largest law firm in the U.S.

Factual Findings and Sanctions by the Court against Gary Restaino clearly established that he “deliberately and with foreknowledge repeatedly engaged in corrupt and illegal acts during the investigation and prosecution of Mr. Renzi, proving irrefutable that Congressman Renzi’s trial was fundamentally unfair and that his convictions were fraudulently obtained and are without merit. Gary Restaino cheated before, during and after Renzi’s trial” said Kelly Kramer, Esq.

  1. Fabricated Dossier/“Operation Eagle” – The government investigation was driven by a fabricated dossier procured by the former President of Resolution Copper Company (a foreign-owned mining company) Bruno Hegner (a South African citizen) and Democratic lobbyist Ron Ober who together hired former FBI agent Jim Elroy to launch a covert plot which they code-named “Operation Eagle” to target Mr. Renzi in a blatant political “hit job.” Although the allegations in the dossier were false, the scheme was handed off to the politically-driven AUSA Gary Restaino, a staunch partisan Democrat whose wife was Arizona’s then-Governor Janet Napolitano’s General Counsel.
  • Illegal Media Leaks and Electioneering – In the weeks leading up to the 2006 midterm election, DOJ officials intentionally leaked details of the politically-driven investigation of Mr. Renzi to Arizona and national media outlets, calculated to sabotage Mr. Renzi’s hopes for re-election. Mr. Renzi won re-election despite their electioneering tactics.
  • Illegal Wire Taps of Mr. Renzi’s Attorneys – After a pretrial government misconduct evidentiary hearing in 2008, the district court found that the government had deliberately and illegally recorded dozens of attorney-client privileged phone calls between Mr. Renzi and his counsel. Restaino was found to have lied regarding the manner in which the calls were recorded.
  • Destruction of Evidence – In order to cover up the illegal wiretap, SA Odom ordered the transcript of an illegally recorded call to be destroyed, falsely claiming it was done to “prevent agents from being tainted by exposure to the privileged calls.” However, another case agent kept a CD with a copy of this call in his unlocked desk throughout the investigation.
  • Witness Payoff Scheme – Gary Restaino and his team of agents repeatedly engaged in witness manipulation by inducing key witness, Phillip Aries, to change his testimony to match the false narrative contained in “Operation Eagle” in exchange for a significant future payoff that Mr. Aries later claimed it could be “as much as $25,000, like winning the lottery.”
  • Suppression of Exculpatory Evidence – Gary Restaino deliberately concealed and withheld exculpatory evidence provided by Mr. Aries regarding the nature and origins of a proposed land exchange underlying the criminal case, information that would have revealed Mr. Renzi’s innocence.
  • Knowingly Sponsoring False Testimony to the Jury – Gary Restaino contrived and knowingly elicited false and misleading testimony from Mr. Aries while under oath and deliberately concealed from Mr. Renzi and the jury his offer of a future payoff to Mr. Aries in exchange for what Restaino knew was false testimony.

Given Mr. Restaino’s corrupt acts and court sanctions in the Renzi case, Congressman Renzi was granted a full Presidential pardon by President Trump. Thus, we ask with all humility that you support our efforts by contacting Senator Sinema and request that she withdraw her support and nomination for Asst. U. S. Attorney Gary Restaino to become the new U.S. Attorney for Arizona.

Full Report Here