If convicted, Cooper headed to prison: Prosecutor says two years a realistic federal sentence
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?The investigation is continuing,? said U.S. Attorney Gary Humble concerning the rumor more indictments could come from the probe which has led to four indictments so far. ?We?ll just have to see where it leads us.?
For Cooper, who plans to turn himself in next week, the federal charges could mean up to 65 years in prison. However, Humble said a realistic number, given federal sentencing guidelines should Cooper be convicted, is more likely two years in federal custody, although nothing is set in stone at this point.
Cooper?s attorney, Jerry Summers, said his client intends to fight the charges, noting Cooper denies wrongdoing.
?Our position is Sen. Cooper intended to do nothing to violate any federal laws,? Summers said. ?We?re all disappointed the acquittal of Mr. Passons did not kill the case altogether,? he said referring to property appraiser Jimmy Passons.
Summers said Cooper will turn himself in sometime Tuesday, at which time he will make an initial appearance before the court and perhaps be assigned a trial date. Summers said his client will plead not guilty to all charges.
It is not known if Cooper will resign his position as chairman of the Senate?s Commerce, Labor and Agriculture Committee. A Senate rule strips indicted legislators of their chairmanships. However, Cooper has 10 days to appeal before the Senate Ethics Committee to make a case for remaining chairman, should he wish to do so.
With the indictment of Cooper, questions have swirled as to who, if anyone, will be next. During an earlier trial for Passons of McMinnville, prosecutors pointed out Lt. Gov. John Wilder had been contacted by Cooper about a bank loan from BankTennessee, partially owned by the 85-year-old lawmaker. Wilder had originally said he recalled talking to Cooper about the loan but later said he did not recall the conversation. Humble did not specify who remains the focus of the investigation.
Cooper was indicted on federal felony charges of bank and mail fraud in a scheme investigators say was hatched in hopes the veteran lawmaker could avoid bankruptcy due to financial struggles.
Cooper was originally named as an unindicted co-conspirator when indictments were issued last year against Passons and Huntsville, Ala., couple Anthony and Teresa Auyer. Passons was acquitted at his trial in April after turning on Cooper when he took the stand.
?My error was in trusting Jerry Cooper,? Passons testified. ?You don?t know how many times I have kicked myself.?
The Auyers entered guilty pleas on the eve of their trial, Mr. Auyer taking 34 months in prison and his wife receiving 18 months.
Investigators say Cooper used his influence to help the Auyers, who bought his company in Smartt Station, get a federally insured loan from BankTennessee. Federal prosecutors say the Auyers obtained $1.77 million from various loan institutions under false pretenses.
The bank fraud indictment contends Passons prepared an appraisal of Cooper?s lumber mill that included a railroad spur, therefore making the appraisal higher. Passons, who was found not guilty of the charges, said he was assured by Cooper the rail spur would be built. Cooper then allegedly sought to sell the over-appraised property for $800,000.
Cooper pointed out in a 2005 interview with the Standard he was never paid $500,000 still owed to him by the Auyers.
?I?m not a happy camper,? Cooper said. ?I lose half a million dollars and then all this comes up.?
Along with being charged with committing fraud in the land deal, Cooper is also charged with mail fraud because money was transmitted across state lines in connection with the allegedly illegal enterprise. Specifically, it refers to documents and checks sent via Fed Ex.
Jerry W. Cooper
AGE: 58, born Aug. 6, 1948.
EDUCATION: Attended public schools in McMinnville; B.S. in engineering from University of Tennessee at Knoxville, 1970.
EXPERIENCE: From 1970-76, he served in the Tennessee Army National Guard. Founded Cooper Manufacturing Company, a furniture and hardwood products company in Smartt Station.
? Cooper was the Democratic nominee for the 4th District Congressional seat in 1998, losing to Republican Van Hilleary.
? He is the Senate Commerce Chairman and was in charge of shepherding Cover Tennessee, Gov. Phil Bredesen?s top legislative initiative, through the Senate earlier this year.
FAMILY: Married, wife, Lisa; four children, Elisa, Sally, Holly and Faith.