Dog track, executives guilty of conspiracy

Richard C. Lewis

Tuesday, Aug. 9, 2005 | 9:23 a.m.

WORCESTER, Mass. -- The Lincoln Park dog track and two former gambling executives were found guilty Monday of conspiring to pay a $4 million bribe to the speaker of the Rhode Island House to muster support for adding slot machines at the track.

The Lincoln, R.I., dog track, former General Manager Dan Bucci, and Nigel Potter, former chief executive of the track's British parent company, Wembley PLC, were each convicted of conspiracy and wire fraud.

Potter appeared visibly shaken after the verdict. His wife put her head in her hands and sobbed after the verdict was read. Bucci's family members held each other in the courtroom. Bucci hugged his daughter and told her, "It's OK. You've got to be strong."

Potter's lawyer, Leonard O'Brien, called the verdict shocking and disappointing and vowed to appeal.

"The evidence was not there," said Bucci's lawyer, Anthony Traini. "There'll be more to come."

Traini did not say whether he would appeal.

Bucci and Potter had no immediate comment, and the jurors walked out as a group without commenting.

"We put the facts before the jury, and we believe they came to the right conclusion," said Assistant U.S. Attorney Lee Vilker.

Each defendant was convicted of a single bribery conspiracy charge. Potter was found guilty of three wire fraud charges, Bucci was found guilty of four wire fraud charges and Lincoln Park was convicted of two wire fraud counts. Also, they were each acquitted of a handful of wire fraud charges.

Sentencing was scheduled for Oct. 28 and Bucci and Potter are free on bond until then. Bucci faces up to 25 years in prison and a $1.25 million fine; Potter faces up to 20 years and a $1 million fine; Lincoln Park faces a maximum fine of $1.5 million.

The verdict was reached after three days of deliberations. It was the second time the case went to trial; the first case ended in February with the jury deadlocked on several key charges, though that jury did acquit the defendants of several wire fraud charges. The second trial was moved out of state because of intense publicity in Rhode Island.

Prosecutors say in 2000 and 2001, the track, Potter and Bucci conspired to bribe John Harwood, then the speaker of Rhode Island's House of Representatives, through a series of payments to his law partner, Dan McKinnon, who did legal work for the track.

The executives hoped to gain legislative support for adding more slot machines at the greyhound track, and enlist Harwood's opposition to a rival casino proposed by the Narragansett Indian tribe in West Warwick, R.I., prosecutors said.

The defendants said the payments were meant to be a performance bonus to their lawyer for a job well done, and were never approved by Wembley's board of directors.

No bribe was ever paid, and McKinnon and Harwood were not charged. No one answered the phone at McKinnon and Harwood's law firm on Monday, a state holiday.

Testimony during the second trial centered on Potter and Bucci's faxed communications with each other about the payments, and Potter's discussions with executives and others about the plan. Potter, who is British, testified that he was unfamiliar with the American system of government, and trusted American executives to tell him what was proper.

Potter said he was wary of Bucci's plan to pay McKinnon extra money. He testified that he carefully vetted the proposal, asking independent lawyers about the appropriateness of a performance bonus.

Bucci did not testify during the trial. His lawyer and the lawyer for the track did not call any witnesses.

State officials recently approved Wembley's sale of Lincoln Park to BLB Investors, a Connecticut-based consortium of investors who own other gambling companies. The company plans to add slot machines at the greyhound track.