In a 12-page memorandum filed last week, Kott’s lawyer argues that, among other reasons, Kott should be acquitted because former Veco Corp. chief executive Bill Allen was foremost his friend and anything Kott received was simply a gift.
A jury convicted Kott on Sept. 25 of bribery, conspiracy and extortion but acquitted him of wire fraud. During the 15-day trial, jurors heard dozens of secretly made recordings that prosecutors used to prove that Kott plotted with former Veco executives Allen and Rick Smith to push through a new oil tax rate favored by North Slope producers in 2006.
The tax proposal was known as the Petroleum Profits Tax, or PPT. Allen, who along with Smith has pleaded guilty to bribery and conspiracy, testified in Kott’s trial that oil producers wanted tax stability before they would commit to a natural gas pipeline. Veco could have made millions off the pipeline. It was taken over by CH2M Hill right before Kott’s trial.
Defense lawyer Jim Wendt argues in the new court paper that there was no evidence of a connection between the tax and anything that Kott received.
“There was no nexus to the PPT legislation established, and as a result any alleged benefits that the defendant received could have been construed as simply gifts from a benefactor that Pete Kott has known for years,” Wendt says.
Wendt raises some of the same points the defense brought up before U.S. Judge John Sedwick during the trial, especially as it relates to how the jury was instructed to consider the evidence. The judge rejected the arguments at the time.
Prosecutors will respond in court, said Bryan Sierra, U.S. Justice Department spokesman. They haven’t yet filed their response but will soon, he said.
Important warning about e-mails purporting to be from the adn.com staff.