Former Va. gov's corruption conviction upheld

RICHMOND, Va. — A three-judge panel of the 4th U.S. Circuit Court of Appeals upheld the corruption conviction Friday of Virginia's former governor.

Ex-governor Bob McDonnell, once considered a rising star in the GOP and a potential running mate for 2008 Republican nominee Mitt Romney, was convicted in September on 11 felony corruption charges and was sentenced to two years in federal prison but has been allowed to stay free during his appeal.

"Appellant received a fair trial and was duly convicted by a jury of his fellow Virginians," Judge Stephanie Thacker wrote in the 89-page opinion, which was endorsed by all three judges. "We have no cause to undo what has been done."

He and his wife, Maureen, were found guilty of taking more than $165,000 in gifts and loans from vitamin executive Jonnie Williams in exchange for promoting his products. The court noted that the government's evidence "demonstrated a close relationship" between the McDonnells' favors and gifts.

In March, the former governor asked the 4th U.S. Circuit Court of Appeals to review his case, arguing that many of the charges against him were unconstitutionally broad. His lawyers contended that he provided only routine "ingratiation and access" that courts have upheld as legal.

"During my nearly 40 years of public service, I have never violated my oath of office nor disregarded the law," Bob McDonnell, who also served as a state legislator and attorney general, said in a written statement. "I remain highly confident in the justice system and the grace of our God that full vindication will come in time."

But appeals court agreed with prosecutors who said the jury instruction was essentially the same one given in the trial of former U.S. Rep. William Jefferson of Louisiana, whose bribery convictions also were upheld by the 4th Circuit.

Bob McDonnell can ask the full appeals court to reconsider or take his appeal to the U.S. Supreme Court. His lawyers say they are examining the options.

"The fight for justice for our client is far from over," the attorneys said in a statement.

U.S. Attorney Dana Boente said he was pleased with the decision but did not elaborate. Federal prosecutors previously described the case as one of clear-cut bribery.

Barry J. Pollack, a white-collar defense lawyer in Washington who is not involved in the case, said McDonnell probably could remain free by asking the appeals court for a rehearing. It would be harder to stay out once the case goes to the Supreme Court, he said.

U.S. District Judge James Spencer recommended in January that McDonnell be assigned a prison near his home, but the Bureau of Prisons is not obligated to comply. The closest low-security federal prison is in Petersburg, less than 30 miles from Richmond.

Maureen McDonnell also is appealing her convictions and sentence of a year and a day in prison, but the court has not scheduled oral arguments in her case.

Contributing: The Associated Press