United States GAO General Accounting Office Washington, D.C. 20548 Accounting and Information Management Division B-283209 August 26,1999 The Honorable Patrick Leahy Ranking Minority Member Committee on the Judiciary United States Senate Subject: Independent Counsel: Exnenditure and Other Jnformation for the Office of Indenendent Counsel Kenneth W. Starr Dear Senator Leahy: This letter responds to your April 6,1999, request regarding expenditures by the of&e of independent counsel Kenneth W. Starr. Specifically, you asked that we obtain answers to 46 questions grouped into 11 categories. Enclosure 1 lists the 46 questions and provides the office of independent counsel’s answers to 40 of the questions. According to officials in Mr. Starr’s office, they did not answer the remaining six questions because the office did not have sufficient information to respond or it would have had to expend significant resources to review over 4 years of records to provide responses. The answers are as of May 26,1999, or for the period from Mr. Starr’s appointment on August 5,1994, through May 26,1999, unless otherwise noted. As agreed with your office, we did not audit the answers, nor did we evaluate the reasons given for not answering questions. ----- We provided a draft of this letter to officials in the office of independent counsel for their review and comment. The officials provided certain corrections and clartications to the information in the letter, which we incorporated. F’urther, in written comments included as enclosure 2, a Deputy Independent Counsel noted that the draft letter accurately represented the information provided by the office of independent counsel. We are sending a copy of this letter to the Members of the /6?47c5 GAO/AIMD-99-251R Independent Counsel B-283209 Senate Committee on the Judiciary and other interested parties. Please contact me at (202) 512-9489if you or your staff have any questions abotit this letter. David L. Clark Director, Audit Oversight and Liaison Enclosures : L GAO/AIMD-99-251R Independent Counsel Enclosure 1 Office of Indenendent Counsel Kenneth W. Starr Kesnonses to Exuenditure and Other Questions (As of Mav 26.1999. or for the Period August 5.1994, Through Mav 26.1999. Unless Otherwise Noted) (Unaudited) Personnel 1. How many attorneys are employed by the Office of Independent Counsel Kenneth W. Starr (OIC)? The OIC employs 15 attorneys, including the independent counsel and excluding detailees from the Department of Justice. 2. How many attorneys have been detailed to the OIC? Through May 4,1999, the Department of Justice had detailed 25 attorneys to the OIC over the course of the investigation. 3. What is the salary for each attorney (without naming the attorney)? See the answer to question 9. 4. How many paralegals are employed by the OIC? _ The OIC employs 10 paralegals. 5: How many paralegals have been detailed to the OIC? Through May 4,1999, the Department of Justice had detailed one paralegal to the OIC over the course of the investigation. 6. What is the salary for each paralegal (without naming the paralegal)? See the answer to question 9. 7. How many secretaries or other assistants are employed by the OIC? The OIC employs 20 secretaries and other assistants or administrative staff. 8. How many secretaries or other assistants have been detailed to the OIC? The Department of Justice detailed two administrative assistants to Mr. Starr’s office from August 1994 through approximately December 1994. 9. What is the salary for each secretary or assistant (without naming the secretary or assistant)? 3 GAO/AIMD-99-251R Independent Counsel Enclosure 1 Table 1.1: Emdovee Job Titles and Salaries Through Mav 25,1999 Administrative Clerk GAO/NMD-99-251R Independent Counsel Enclosure 1 Clerk $23,876 - Clerk $23,145 Legal Secretary $22,740 Clerk $19,849 Source: Office of Independent Counsel Kenneth W. Starr. 10. How many employees of the OIC have received or are eligible for raises or bonuses? Since its inception in August 1994, the OIC has had 132 employees and detailees (excluding the independent counsel). Of this number, 76 have received raises, including the federal government’s annual pay and cost-of-living increases. The OIC has given 82 special achievement and/or performance cash awards to 62 staff and detailees. The independent counsel has not received any cash awards. 11. What is the amount of each raise or bonus that has been granted? In general, staff receive the annual pay raises that all federal employees receive. Awards granted since the OIC’s inception range from $1,000 to $8,000. They have averaged about $3,100 overal&about $3,800 per award for attorneys and about $1,800 per award for paralegals and staff Personnel Salaries and Bonuses 12. Howmany employees in the OIC are eligible for overtime pay? The OK’s policy is that no one above the GS13 level can receive overtime pay. No attorneys are paid overtime. On May 26,1999,28 OIC staff quabiied for overtime, all of whom were legal or administrative support staff. 13. What is the amount of overtime pay that has been paid to OIC employees? Total overtime paid since inception in 1994 is $321,839. 14. How many consultants or other advisers (such as press or public relations or ethics consultants) are or have been employed by the OIC? The OIC has hired 57 consultants or other advisers since its inception. 15. Please identify each of them. See the answer to question 16. 16. What is the amount that has been paid to each of the consultants or other advisers employed by the OIC? 5 GAO/AIMD-99-251R Independent Counsel Enclosure 1 Table 1.2: ConsultantiAdvisor Pavments Throw& Mav 13.1999 $804 I GAWAIMD-99-25 1R Independent CounseI Enclosure 1 Rutledge, William E. $3,130 - Shaw Pittman Potts & Trowbridge $49,706 Wolohojian, G. $11,128 Pulmonary Associates $756 j Security: Kroll Associates $25,346 Spellings & Associates $2,200 Vucci, James $40,225 , Other: Cameron Communications (preparation $7,500 for congressional testimony) Ford Motor Company (car leasing) $32,284 Landess, Michael (media and library $20,920 Lesnevich, Gus R. (handwriting analysis) $6,702. Morris, James (technical writing and $6,375 editing) The names of criminal investigators are not provided for security reasons. ‘The consultant/advisor provided the OIC with legal representation on a sealed matter before the U.S. District Court, District of Columbia, and is, therefore, not identified. Source: Office of Independent Counsel Kenneth W. Starr. Federal Agencv Detailees 17. How many federal agents are detailed to the OIC? As of May 4,1999, the Federal Bureau of Investigation (FBI) had detailed 78 agents to the OIC. The OIC did not provide information on agents detailed by other organizations. 18. From which agencies are these agents or employees detailed? The OIC obtains agents from the FBI, the Internal Revenue Service (IRS), and the U.S. Marshal Service. 7 GAO/AIMD-99-251R Independent Counsel Enclosure 1 19. How many agents or other persons are detailed from the FBI? See the answer to question 17. 20. How many agents or other persons are detailed from the IRS? No IRS personnel are currently assigned to the OIC on a full-tim& basis. 21. How much of the cost of each detailed federal employee is charged to the OIC and how much to a federal agency? In general, the respective federal agency pays detailee salary and benefit amounts and the OIC pays travel and other costs, except that the OIC pays the salary and benefit costs for attorneys detailed from the Department of Justice. The amounts paid by agencies that provide detailees are identified in the notes to the statements of expenditures contained in our reports on independent counsel expenditures. Expenditures paid by the OIC are included in the appropriate line item in the statements of expenditures. 22. Please identify the unit from which each detailed agent was diverted to work on the OIC? The OIC did not answer this question. Travel Costs: Air TransDortation 23. What is the total number of airplane trips made by OIC staff at government expense and the total cost of these trips? The OIC did not answer t&is question. 24. How much money has been spent on airline tickets for (1) Kenneth Starr and (2) other OIC staff? The OIC did not answer this question. 25. How many first-class tickets have been purchased and at what cost? In general, OIC travelers have not used firs&class. The OIC estimated that of the over 5,000 tickets purchased possibly three to four instances of first-class travel occurred and that these may have been for witnesses. 26. How many business class tickets have been purchased and at what cost? The OIC did not answer this question. 8 GAO/AIMD-99-251R Independent Counsel Enclosure 1 Travel Costs: Surface Transnortation 27. What is the total number of automobiles used by OIC staff at government expense? The OIC did not answer this question. 28. Please identify the make, model, and year of each automobile and the cost and length of each vehicle lease. The OIC has used late model, mid-sized sedans and minivans-Ford Taurus, Ford Windstar, Dodge Acclaim, and Oldsmobile Achieva. All vehicles used were leased through General Services Administration and Department of Justice lease procedures and were at one-third to one-half the typical/average retail cost for comparable rental vehicles. 29. What is the total number of official drivers employed by the OIC and the salary for each driver? The OIC has not hired drivers. It relies on special messengers, paralegals, and other staff to deliver packages and messages. Because of death threats, Mr. Starr has had a car and a protective detail Tom the U.S. Marshal Service. Witness Transnortation 30. What is the total number of times Starr’s OIC has paid for witness travel at government expense? The OIC has made 199 payments for witness travel. The OIC counted each payment to American Express, which books OIC travel, as one item in arriving at the 199 figure, although each biIl may have included travel charges for more than one trip or witness. 31. What is the total cost of such travel to the government? See the answer to question 33. 32. How many witnesses have traveled at government expense in connection with the OIC? In total, the OIC has paid travel claims for 187 witnesses. Not all witnesses have filed travel-related claims. 33. What is the total cost to the government of witness travel and lodging in connection with the OIC? The OIC has paid $91,239 for witness travel (airfare and lodging). GAO/AIMD-99?25lR Independent Counsel Enclosure 1 Office Snace 34. What Are the locations of the offices used by the OIC? The OIC has offices in Washington,D.C.;Alexandria,Virginia; and Little Rock, Arkansas. 35. What is the cost of rent for each office used by the OIC? Current annual charges for the space are $598,099for Washington, DC.; $129,360 for Alexandria, Virginia; and $121,105 for Little Rock, Arkansas. 36. How much square footage has the OIC rented in each location? The OIC has rented 16,325 square feet of office space and 160 square feet of storage space in Washington, D.C.; 5,880 square feet of office space in Alexandria; and 7,744 square feet of office space and 14 parking spaces in Little Rock. 37. What is the cost of the telephone system used for each office? The total cost for the purchase of telephone systems for all offices was about $125,000 as of March 31,1999. 38. What is the cost of court reporting services incurred by the OIC? The total cost for court reporting and transcripts is $378,726. Commuter Services 39. What is the total cost of computers and computer systems incurred by the OIC? The total cost for computers and computer systems is $273,246. This amount is for equipment and system purchases only. 40. Does the OIC lease computers and computer systems? The OIC does not lease computer equipment or systems. 41. If so, what systems are leased and at what cost per month? See the answer to question 40. 42. Does the OIC employ a systems administrator? The OIC does not employ a systems administrator. It contracts for computer services and maintenance. 43. If so, what is the cost of the systems administrator? 10 GAO/AIMD-99-25112 Independent Counsel Enclosure 1 As of March 15,1999, the contract cost was about $592,doO. Witnesses’ Attornev Costs 44. What is the amount of witnesses’ attorney’s fees in connection with the OIC that the government has reimbursed or anticipates reimbursing? The Department of Justice reimburses attorneys’ fees to some federal employees who are caRed as witnesses to testify before an independent counsel. Justice reports that it has paid $11,270 in such expenses and that it has 24 pending requests for payment as of May 4,1999. Lewinskv Matter 45. What is the best estimate of the total cost to the government of the OIC investigation of the Lewinsky matter, including OIC staff salary, travel, and detailee salaries? The OK’s financial accounting system does not categorize costs by case or project. For the period January 15 through August 31,1998, the OIC estimated the time spent on the Lewinsky investigation by ah staff members and allocated certain other general costs based on those estimates. The estimated costs are as follows. Personnel compensation and benefits $1,861,456 Travel costs 949,895 Rent, communications and utilities 356,494 Contractual services 884,110 Supplies and services 82,653 Capital equipment 186,021 Administrative services 73.294 Total $4.393.923 These costs do not include payr0I.I costs of FRI personnel assigned to the OIC or certain administrative costs incurred by the Administrative Office of the U.S. Courts and periodicaUy charged to the OIC. The OIC has not developed more current cost information. Foster Suicide Matter 46. What is the best estimate of the total cost to the government of the OIC investigation of the Vince Foster suicide, including OIC staff salary, travel, and detaiIee salaries? The OIC did not answer this question. 11 GAO/AIMD-99-251R Independent Counsel Enclosure 2 Comments From the Office of the Indeuendent Counsel Off& of the Independent Counsel August 13,1999 JeflicyC.gtCilhff ACthlgAssistantCOUlpllQIl~GalUid Accountingand~ormationManaganentDivisiw GenedAccounting~ce Washington, D.C. 20548 Dearsii Thaak you fw the oppommity to comment on the dlaft of your report to senator L&y. We have a few bkfconiments on the draft repott, in addition to the corrdions which we made today during ameeting with Thomas Eroderick and Hedge Hey. ThedataprrsenadinyourrcportEaithfuy~reprodrtcwthedatawe~~toGAO upon its mqoest. We offer two clarifications: (1) Oar response to question 1 rc5ccis cumzt cmploymcnt and dots not include attorneys detailed from the Department of hstice; (2) Our Rsponsesto~o~2~5nflectdctailas~mthe~~tovcrthccouncoftht investigation, through May 4,1999. We would also make the bllowing additional points ta supplement the dam presented: Fii the Oflice of h&pen& Counsel has made no Sort to formally aodit tbc data pmidedtotheGenemlAtxmmtbgOffi~. Tl’ledatawebaveprovidedforyourustis~~ ~mo~intemalaccountingsystcmandwcmakeeveryrdmanpttoinsrac~acnwcy. However, the khmation is, nonetheless, unaudited data. second, we note that the General Accounting office’s scmi-ammal audits of our Of& he been uniformly unrcmahbk. Asthe General AccoMting Ofike basrouhcly conch&d, “for the controls we [the General Accounting Office] tested, we found no material we&n- in the iotcrnai control siructure and [the Office of Independent Counsel’s] opcration~” The General Accounting Office has also noted that “[o]ur audit tests for complkmce with selectedprotim 12 GAOIAIMD-99-251R Independent Counsel Enclosure 2 Jeflky C. Steinhoff August 13,1999 page2 pepomo Honorable Patrick Leaily] of laws and mgalaticm disclosedDOinstances of noncompIiance that would be reportable uader generaUyacqted governmentauditiug standa&” Though these comhsions do not, invclve ~particular~~desaibedinthedraftrrporfwcarcconfidenttbattheorpaadiarrrs catalogedin the report were all consistent with applicable Jaws and reguhtior~~ Third, 28 U.S.C. 5 595(Z)(l)(C) nquires an indkpendent Wuuscl to romply with establislledDeparbnentalJKdiciesregardingexpuldiibn+s. J3eymdfmr~wtothis sxquimncnL we think it is sigaiticant to note that many of the expenditma on which you rrpoa were, in fkct, expend under the auspices of the Department of Justice. For example, the expulswreportedfortelephone !3erviceinvolveduseofthe Depammt of hstic~stelephonc system. Wepayforwurtreportingservicesandvehicielals*rasridcrstoan~ D”p”““‘pf Justice ccntract Thus, in many ir&mes, our expenditum welt at rates ideatical to,andmmsteatwith,thoseincumdbytheDepartmentofJustice. Fourth,wtwishtDprovideamorecompletecxplanationofourinabilitytorrspondb certain questions. We did not amverquestion~27,and46bccausewedonotbavesufficient ir&mation to aiable us to amwer the question. We did not answa questions 23,24, and 26 becausethe Office of lndepmdeat Could does not ma&in its travel records in a format that would enable us to mdiIy answerthe questions The only possiile way to answer these questionsis tc retrievt all trawl vouchers fiom stored xeccudsand conduct a time consuming and labor intensive hand-countto mate the data requested Thanlcyoufortheopporhlnitytocommultonthedraftreport (911945) 13 GAO/AIMD-99-251R Independent Counsel Ordering Information The first copy of each GAO report and testimony is free. Additional copies are $2 each. Orders should be sent to the following address, accompanied by a check or money order made out to the Superintendent of Documents, when necessary. VISA and Mastercard credit cards are accepted, also. Orders for 100 or more copies to be mailed to a single address are discounted 25 percent. Orders by mail: U.S. General Accounting Office P.O. 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Independent Counsel: Expenditure and Other Information for the Office of Independent Counsel Kenneth W. Starr
Published by the Government Accountability Office on 1999-08-26.
Below is a raw (and likely hideous) rendition of the original report. (PDF)