PRESIDENTIAL PARDONS

Dear Mr. President:

I am personally delivering this Application for Pardon for Marc Rich and Pincus Green because almost two decades of using ordinary channels have led this matter to an impasse. I appear in this matter pursuant to Executive Order No. 12834. Far more importantly, I appear because I am absolutely certain that a grave injustice has been done that can only be rectified by you through an act of Executive Clemency.

Following a highly publicized and aggressive investigation, Mr. Rich and Mr. Green and two of their firms were indicted primarily on tax, energy and RICO charges in 1983 by the U.S. Attomey in New York, Rudolph Giuliani. Because Mr. Rich and Mr. Green did not come to this country from Switzerland, they were never tried or convicted. The charges in the indictment were unprecedented and unique, as they have never been brought against others similarly situated. However, the firms, which were under enormous pressure from restraints on their assets and threats of RICO forfeiture, settled and effectively paid almost 200 million dollars. Since then, two of the most respected tax professors in the country concluded that the tax returns were correct as filed, and Justice Department Guidelines put in effect after the indictment and still in effect today bar most of the other serious charges made in the indictment. Moreover, the indictment is inconsistent with other positions taken by the Government.

Despite this, Mr. Rich’s and Mr. Green’s efforts at meaningful dialogue with prosecutors over the last two decades have been rebuffed -- unless Mr. Rich and Mr. Green first come to the United States for an arraignment. A fair trial, however, appears highly unlikely: the prejudicial press coverage -- broadcast nationally, and fueled by the prosecutors’ own press conferences -- has simply been too one-sided, inflammatory, and extensive.

A pardon in the interests of justice is a reasonable end to all this. The indictment is seventeen years old and unfair by objective legal standards. Exile for two decades has been punishment without trial or resolution. And there is, frankly, an extraordinary amount to say about the exemplary contributions by Mr. Rich and Mr. Green to humanitarian and charitable causes this country encourages and admires -- all told, over $200 million throughout the world; contributions made over decades without any effort at publicity.

The pardon application comes with support from world figures you know. The extraordinary humanitarian and charitable support from Mr. Rich and Mr. Green is documented. I believe this application is worth your close attention; indeed, I believe a great injustice has been done which you alone can remedy. Naturally, I am available to answer any questions you may have.

Respectfully yours,

Jack Quinn, Esq.
1133 Connecticut Avenue, N.W.
2nd Floor
Washington, D.C. 20009

SOURCE: House Committee on Government Reform, "The Controversial Pardon of International Fugative Marc Rich", February 8, 2001, Exhibit 12. Click for PDF file of exhibits 11-20.

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