News Release
U.S. Department of Justice
United States Attorney
District of Rhode Island
October 19, 2007
Assistant U.S. Attorney Donald Lockhart recognized for appellate work
Assistant U.S. Attorney Donald C. Lockhart was recognized today with an award from the Executive Office of United States Attorneys (EOUSA) for superior performance as an Assistant U.S. Attorney. Mr. Lockhart, the appellate chief for the U.S. Attorney’s Office in Rhode Island, has successfully argued many cases before the First Circuit Court of Appeals, including the convictions of former Mayor Vincent A. Cianci and his codefendants, and those of former Lincoln Park owner Nigel Potter and a codefendant.
“Mr. Lockhart is an essential contributor to the District of Rhode Island’s recent success in the prosecution of significant and complex cases,” U.S. Attorney Robert Clark Corrente said. “He is a prolific and accomplished writer, and a seasoned advocate before the First Circuit. It is not unusual for Mr. Lockhart to write briefs for more than 40 appeals a year, and in the process, develop favorable legal precedent that furthers law enforcement’s efforts.”
Among Mr. Lockhart’s more significant cases, in United States v. Cianci, the First Circuit upheld the racketeering conspiracy conviction of the former Mayor of Providence, and it also affirmed the convictions of two co-defendants, including the Mayor’s second-in-command. The Court accepted the government’s argument that municipal entities may be part of an “associated-in-fact enterprise” for purposes of violations under the Racketeer Influenced Corrupt Organizations Act (RICO).
In United States v. Potter, the First Circuit affirmed the mail fraud convictions of two corporate executives who schemed to pay $4 million in bribes to the former Speaker of the Rhode Island General Assembly, in return for his behind-the scenes assistance on certain legislation. No bribes were ever paid, but the Court held that the conspiracy was indeed intended to sway the Speaker to use his power to help the defendants’ gambling enterprise, and that their conduct was within the scope of honest services mail fraud.
Mr. Lockhart has also had a significant role in the development of federal sentencing law after the U.S. Supreme Court rejected mandatory sentencing guidelines. In United States v. Pho, the First Circuit held that, even in the absence of mandatory sentencing guidelines, federal judges are not free to categorically reject sentencing policy set by Congress, particularly in cocaine trafficking convictions, where crack cocaine carries longer sentencing, proportionate to the amount of drugs, than does powder cocaine.
Mr. Lockhart received his award today, at the 24th Annual EOUSA Director’s Awards Ceremony, in which 131 other recipients were recognized for their excellence in law enforcement. Recipients included assistant U.S. Attorneys, litigation support personnel, and others who contribute to the mission of U.S. Attorneys’ offices. EOUSA provides oversight, general executive assistance and direction to the 94 United States Attorney’s offices around the country.
Contact: 401-709-5032 Thomas.connell@usdoj.gov