Prosecutor, seized documents OK’d by judge in SC corruption probe

Special prosecutor David Pascoe can proceed with his public corruption investigation into state lawmakers and begin to go through a massive trove of documents seized at political consultant Richard Quinn’s offices in March, a judge ruled Friday.

“The 1st Circuit Solicitor’s office may continue as acting attorney general and continue its investigation of this case,” Judge Knox McMahon ruled at the end of a 33-minute decision he gave orally from the bench. Pascoe was appointed as special prosecutor in this case by Attorney General Alan Wilson because Wilson had conflicts with some potential targets of the investigation.

McMahon’s ruling clears the way for Pascoe and his team of State Law Enforcement Division investigators to plunge into the potential evidence and examine it for possible criminal activity. It includes tax returns, thousands of other documents and correspondence, seven computers and eight thumb drives seized at Quinn’s Columbia offices during the March 2 surprise raid.

Since March, lawyers for Richard Quinn and his son, Rep. Rick Quinn, R-Lexington, who uses his father’s office, had filed numerous objections to the seizure with the judge.

Their twin goals were to get Pascoe kicked off the case and to deny Pascoe and SLED access to all seized records. Their lawyers had asserted the records were seized unlawfully and the search was illegal, in part because Pascoe and investigators had allegedly not taken steps to seal off confidential attorney-client material.

For almost 40 years, Quinn has been South Carolina’s premier political consultant. Records seized potentially touch on numerous prominent public officials, institutions and companies on the state, national and local levels.

Quinn’s clients include politicians such as Wilson, Gov. Henry McMaster and Sen. Lindsey Graham, R-S.C. His clients also include institutions, trade groups and companies such as the University of South Carolina, the S.C. Ports Authority, SCANA, Palmetto Health, the S.C. Trial Lawyers Association, AT&T and BlueCross BlueShield of South Carolina.

In May, after the raid, without using any of the seized records, Pascoe indicted Rick Quinn on charges of misconduct in office. In a court hearing last month, Pascoe said the misconduct involved Quinn’s use of his father’s business to take millions of dollars in hidden payments from institutions and companies to him since 2010, then make favorable votes in the Legislature on their behalf.

Following Friday’s decision, a pleased Pascoe told reporters, “I’ve got a lot of work to do, so let me get to it. That’s all I have to say.”

In a brief news conference after the hearing, Rick Quinn, who turned 52 on Thursday, told reporters, “I’ve worked hard to build a reputation based on integrity and honesty. All these allegations, they are actions that I had approved by regulatory authorities ... or the allegations are just false. This is just the first step in a long, long process for me to win my name back and to prove I’ve been an honorable representative.”

Lawyers for both Quinns said they were studying their options, which might include an appeal of McMahon’s decision.

Debbie Barbier, who represents Richard Quinn, stressed he has not been charged with any crime.

“We respect Judge McMahon but respectfully disagree with his ruling. Richard Quinn has built his business over the last 40 years into a successful public relations firm, and he’s represented some of the most respected and beloved politicians in the state,” Barbier said. “He is confident he has always conducted his business appropriately, legally and ethically.”

Greg Harris, who with attorneys Matthew Richardson and Johnny Gasser represents Rick Quinn, said Friday’s decision means defense attorneys will gain access to material prosecutors have gathered about their client.

“We look forward to examining every single document,” Harris said. “At the end of the day, I believe that Rick will be exonerated of every charge they have brought against him.”

In his decision, the judge said he had seen no evidence that Pascoe and SLED investigators had viewed confidential attorney-client material to which they were not entitled.

“A prosecutor has a special responsibility to do justice and is held to the highest standards of professional ethics,” McMahon said.

Pascoe lived up to those standards, McMahon said, dismissing defense claims that Pascoe’s alleged failures to conduct a lawful search were so egregious that he tarnished the reputation of the state’s judicial system.

Records seized in the raid have been in the custody of 16th Judicial Circuit Solicitor Kevin Bracket of York County. Pascoe and SLED investigators have not had access to them. McMahon ordered that the Quinns’ lawyers participate in sifting that material, helping to identify any records involving attorney-client privilege that might be off-limits to investigators.

Rick Quinn is the third lawmaker indicted under Pascoe’s investigation since December.

This story was originally published June 23, 2017 at 10:29 AM with the headline "Prosecutor, seized documents OK’d by judge in SC corruption probe."