PHOENIX -- Two former United States Attorneys will now square off in the highly publicized corruption case against Maricopa County Supervisor Donald Stapley.
It will be an East Coast versus West Coast courtroom battle.
Former U.S. Attorney Joseph diGenova from Washington, D.C., has been appointed by Maricopa County Attorney Andrew Thomas to take over the prosecution.
The high-profile Washington lawyer prosecuted would-be Ronald Reagan assassin John Hinckley and presided over investigations into a disputed Teamsters union election and matters in the Bill Clinton White House.
Meanwhile, former U.S. Attorney Paul Charlton of Phoenix will continue to handle the embattled supervisor's criminal defense.
Detectives with the Maricopa County Sheriff's Office Organized Crime Division arrested Stapley late last month as he arrived at work.
Stapley was charged with 93 felonies and 7 misdemeanors.
The charges stem from monies that were allegedly transferred back and forth between several campaign accounts and personal accounts.
Detectives allege Stapley used campaign funds for personal gain, an allegation that Charlton vehemently denies.
Charlton called his client's arrest "better fitted for a third-world dictatorship."
"It's a political ploy," Charlton said.
But diGenova is no stranger to prosecuting alleged corruption.
A spokesperson for the Maricopa County Attorney's Office told ABC15 that diGenova "conducted an investigation of corruption in the D.C. government, which led to the conviction of two deputy mayors" back in the 1980's.
According to a statement released by the County Attorney's Office, diGenova will also take over "two other ongoing investigations," but a spokesperson for the County Attorney declined to comment any further.
diGenova will have two other attorneys assisting with Stapley's prosecution.
Victoria Toensing, former Deputy Assistant Attorney General for the Criminal Division of the U.S. Justice Department, and David Eisenberg, Former Assistant U.S. Attorney, will play a role in prosecuting Stapley as well.
According to an ABC15 source, Stapley allegedly used $100 from his "Stapley for Supervisor" political campaign account to establish a separate account called "Stapley for NACo" (National Association of Counties).
This new account was apparently to be used for Stapley's run for second vice president of that association, of which he is currently on the board of directors.
According to the source, Stapley then raised more than $140,000 for the NACo account.
Contributors included friends, local businesses, lobbyists, investment groups and a waste management company.
The source said Stapley used some of those funds to pay for personal items like furniture and high-end electronics from Bang & Olufsen.
Documents obtained by ABC15 also allege the transfers, providing the following detail:
"The Stapley for NACo bank account was opened on 9/30/2004 with a $100 transfer from Donald Stapley’s 'Stapley for Supervisor' account. Approximately $140,000 in solicited donations was deposited into the NACo account between 9/30/2004 and 10/31/2008."
The documents show dozens of contributors to the NACo account were interviewed by investigators.
One contributor told investigators she "donated with the belief the monies would be used to fund his campaign."
The contributor also told investigators, "If she found the monies had been used for something other than the campaign, she would not contribute again."
The source tells ABC15 the most serious charges against Stapley apparently stem from a loan he took out.
According to the source, financial records reveal Supervisor Stapley transferred tens of thousands of dollars from the NACo account to a personal account so he could qualify for a loan.
After qualifying for the loan, Stapley allegedly transferred that money back to his Stapley for NACo account.
Documents obtained by ABC15 also reveal the following information:
"Bank records show that Stapley wrote checks of approximately $47,000 on the NACo account, paid more than 30 credit card statements for a Bank of America credit card from the account totaling approximately $86,000, one credit card statement for a Chase credit card of approximately $37,000 and transferred approximately $97,000 to other accounts owned by Stapley and/or his business entities."
"There was a total of approximately $97,000 in transfers to other bank accounts owned by Stapley and/or his entities. The largest transfer was for $60,000 which was made to Stapley’s personal checking account on 6/7/05. This $60,000 was transferred back to the Stapley for NACo account on 6/13/05."
"It appears that Stapley transferred these (and other funds from other accounts, including his political contribution account) to his personal account to ensure that there were adequate funds in his account to cover a check for $121,000."
"An additional transfer for $20,000 was made to Stapley’s personal checking account on 2/2/05. It appears that these funds were used to make a partial payment on the Bank One/Chase credit card on 3/1/05."
A 118-count indictment handed up in December charged Stapley with failing to disclose involvement in a wide variety of land deals, business associations and business assets.
A judge threw out 52 of the counts in August.
The Yavapai County prosecutor overseeing the case asked a judge to drop the 66 remaining charges while the prosecutor appealed the earlier ruling.
Charlton said the timing of Stapley's latest arrest, just three days after the motion to dismiss the original charges, is no coincidence.
"This is nothing more than an attempt to embarass Mr. Stapley," said Charlton. "It's pure vindictiveness and it's wrong."
The original charges all stem form Supervisor Stapley’s alleged failure to disclose his financial interests to the public.
The charges were dropped because the Maricopa County Board of Supervisors allegedly failed to adopt new disclosure requirements that were set by the State of Arizona.
Back in 1994, state lawmakers required all counties amend their financial disclosure requirements.
Since Maricopa County failed to do so, the judge was forced to drop the charges having to do with Stapley’s alleged failure to disclose all his financial investments.
"It’s unjust and improper for this criminal defendant to be able to claim that, as a member of the board of supervisors, he failed to properly pass or amend the very law’s he’s accused of violating," said Maricopa County Attorney Andrew Thomas.
In a statement posted on the County Attorney’s website, Thomas also said, "It’s equally wrong that the people of Maricopa County have just been told they’re the only citizens of Arizona whose elected county officials don’t have to disclose their private business dealings to the voters."
Maricopa County Sheriff Joe Arpaio defended his investigators and their decision to arrest Stapley for a second time.
"We don't manufacture complaints and allegations," said Arpaio. "We're not going to stop doing our job because somebody calls the investigation political."
