FILED

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2017 Sep-28 AM 09:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

JET/GAM/RBM/JBW: Oct. 2017
GJ#35

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA

)
)
)
)
)
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vs
JOEL IVERSON GILBERT
STEVEN GEORGE MCKINNEY
DAVID LYNN ROBERSON

INDICTMENT
The Grand Jury charges:
Introduction
At all times material to this Indictment:
The Defendants
1. Defendants JOEL IVERSON GILBERT and STEVEN GEORGE
MCKINNEY were attorneys and partners at Balch & Bingham, a law firm
headquartered in Birmingham, Alabama. Defendant STEVEN GEORGE
MCKINNEY was chair of the firm’s Environmental and Natural Resources
Section and defendant JOEL IVERSON GILBERT worked in that section.

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Drummond Company, Inc., hired Balch & Bingham to respond to actions by the
United States Environmental Protection Agency (“EPA”) in north Birmingham.
Defendants JOEL IVERSON GILBERT and STEVEN GEORGE
MCKINNEY were the Balch & Bingham partners primarily responsible for
representing Drummond Company. Defendant JOEL IVERSON GILBERT was
registered with the State of Alabama as a lobbyist.
2. Defendant DAVID LYNN ROBERSON was Vice-President of
Government and Regulatory Affairs for Drummond Company. He was involved
with defendants JOEL IVERSON GILBERT and STEVEN GEORGE
MCKINNEY in responding to EPA’s actions in north Birmingham on behalf of
Drummond Company. Defendant DAVID LYNN ROBERSON was also
registered with the State of Alabama as a lobbyist.
Representative Oliver L. Robinson, Jr.
3. Oliver L. Robinson, Jr., was a member of the Alabama House of
Representatives from 1998 until his resignation on or about November 30, 2016.
He represented District 58 and served as Vice-Chairman of the Jefferson County
Legislative Delegation. Oliver L. Robinson, Jr., was an agent of the State of
Alabama, a state government that received in excess of $10,000.00 under a Federal
program involving a grant, contract, subsidy, loan, guarantee, insurance, or other
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form of Federal assistance during each year material to this Indictment.
4. As a member of the Alabama House of Representatives, Oliver L.
Robinson, Jr., owed a fiduciary duty to provide honest services to the State of
Alabama and its citizens, free from bribery.
5. In or about August 2004, Representative Oliver L. Robinson, Jr.,
established the Oliver Robinson Foundation and served as its President. The stated
purpose of the Oliver Robinson Foundation was to raise funds to advance financial
literacy among students at high schools and Historically Black Colleges and
Universities through publications and presentations. Representative Oliver L.
Robinson, Jr., used the Oliver Robinson Foundation to raise money to fund an
annual Black Achievers Awards Gala in Birmingham, Alabama, and to publish a
magazine called The Community Reinvestor Magazine. In or about March 2005,
the Oliver Robinson Foundation’s application for tax-exempt status under section
501(c)(3) of the Internal Revenue Code was approved. Representative Oliver L.
Robinson, Jr., controlled the bank account opened in the name of the Oliver
Robinson Foundation and received money from this account.
6. Representative Oliver L. Robinson, Jr., also founded and was associated
with for-profit entities, including Robinson & Robinson Communications, LLC,
and Partnering for Progress.
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Environmental Issues in North Birmingham
7. EPA is the federal agency charged with the mission of ensuring that all
Americans are protected from significant risks to the environment and human
health where they live, learn, and work. EPA designated an area of north
Birmingham, Alabama, including the neighborhoods of Harriman Park, Fairmont,
and Collegeville, as the 35th Avenue Superfund Site based on elevated levels of
arsenic, lead, and benzo(a)pyrene found during soil sampling. In September 2013,
EPA sent general notice letters to five companies potentially responsible for the
pollution in north Birmingham, including ABC Coke, a division of Drummond
Company. A company determined to be responsible for pollution within the 35th
Avenue Superfund Site could have faced tens of millions of dollars in cleanup
costs and fines.
8. In July 2014, EPA began considering a petition filed by GASP, a
Birmingham, Alabama, environmental advocacy group, to expand the 35th Avenue
Superfund Site into the Tarrant and Inglenook areas of north Birmingham and to
conduct a preliminary assessment of pollutants allegedly deposited there by ABC
Coke and others. On October 9, 2014, EPA granted the petition and contracted
with the Alabama Department of Environmental Management (“ADEM”) to
perform the preliminary assessment. ADEM spent approximately $17,998.00
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conducting the preliminary assessment and completed it on or about March 27,
2015.
9. ADEM is the state agency responsible for the implementation of
environmental programs and policies, including administering federally approved
or delegated environmental programs. It receives substantial funding from the
federal government and is included in the State of Alabama’s annual general fund
budget approved by the legislature and Governor. The Alabama Environmental
Management Commission (“AEMC”) is the state commission responsible for
developing environmental policy for the State of Alabama, selecting the ADEM
Director, and advising the ADEM Director on environmental matters. AEMC
holds periodic public meetings and, among other matters, considers comments
from interested parties on issues involving the State of Alabama’s environmental
policy.
10. In September 2014, EPA proposed adding the 35th Avenue Superfund
Site to the National Priorities List, a listing of the nation’s Superfund Sites
requiring priority attention. Placement on the National Priority List would have
allowed EPA to use the federal Superfund Trust Fund to conduct long-term
remedial actions at the 35th Avenue Superfund Site provided the State of Alabama
agreed to fund ten percent of the costs incurred during cleanup of the site. The
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contribution required from the State of Alabama would have been millions of
dollars. A listing on the National Priorities List would have allowed cleanup of the
Superfund Site to proceed even if EPA was unable to persuade or compel a
potentially responsible party to conduct or fund the cleanup. EPA and the State of
Alabama could attempt later to recover money spent by the federal and state
governments as part of the cleanup from companies determined to be responsible
parties through negotiation and/or litigation.
11. The Governor of Alabama designated ADEM as the State of Alabama’s
representative on issues concerning the potential listing of the 35th Avenue
Superfund Site on the National Priorities List and the expansion of the 35th Avenue
Superfund Site into the Tarrant and Inglenook communities.
12. EPA held a public comment period on the proposed listing of the 35th
Avenue Superfund Site on the National Priorities List from September 22, 2014, to
January 22, 2015. In January 2015, ADEM, acting on behalf of the State of
Alabama, requested that EPA’s proposal be withdrawn and no further action taken
until issues raised by the State could be resolved. ADEM stated that if the issues
could not be resolved the State of Alabama would request review pursuant to
EPA’s formal issue resolution process. If EPA notified ADEM that, after
consideration of all public comments and other information, it decided that the 35th
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Avenue Superfund Site should be included among the sites proposed for listing on
the National Priorities List, EPA would provide ADEM with the opportunity to
discuss any issues and, if necessary, follow the formal issue resolution process
prior to making a final decision. EPA’s review of the proposed listing of the 35th
Avenue Superfund Site on the National Priorities List continued into 2016.
13. Drummond Company and ABC Coke were represented by Balch &
Bingham in relation to EPA’s actions in north Birmingham. Defendants JOEL
IVERSON GILBERT and STEVEN GEORGE MCKINNEY were the
attorneys coordinating the response to EPA’s actions on behalf of ABC Coke and
Drummond Company. Defendant DAVID LYNN ROBERSON assisted
defendants JOEL IVERSON GILBERT and STEVEN GEORGE MCKINNEY
in responding to EPA’s actions in north Birmingham on behalf of ABC Coke and
Drummond Company.
14. Beginning in or about 2014, and continuing until at least November
2016, the strategy employed by defendants JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and DAVID LYNN ROBERSON focused
on protecting ABC Coke and Drummond Company from the tremendous potential
costs associated with being held responsible for pollution within the affected areas.
They sought to accomplish this goal by working to prevent EPA from listing the
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35th Avenue Superfund Site on the National Priorities List and expanding the
Superfund site into Tarrant and Inglenook. The plan included advising residents of
north Birmingham and public officials to oppose EPA’s actions. As part of the
overall strategy, Balch & Bingham paid Representative Oliver L. Robinson, Jr.,
through a valuable consulting contract with the Oliver Robinson Foundation to,
among other things, take official action favorable to Balch & Bingham’s and
Drummond Company’s interests in matters related to EPA’s actions in north
Birmingham. One of Representative Robinson’s first tasks in furtherance of this
strategy was to appear before AEMC and the ADEM Director in February 2015 to
make a public statement advancing the opposition of Balch & Bingham and
Drummond Company to EPA’s actions in north Birmingham.
15. In 2015, defendants JOEL IVERSON GILBERT, STEVEN
GEORGE MCKINNEY, and DAVID LYNN ROBERSON formed, in
Delaware, a tax-exempt corporation named Alliance for Jobs and the Economy
(“AJE”) and recruited corporations to contribute money to AJE to help fund
opposition to EPA’s actions in north Birmingham. Drummond Company and
several other corporations contributed money to AJE at the request of defendants
JOEL IVERSON GILBERT, STEVEN GEORGE MCKINNEY, and DAVID
LYNN ROBERSON. Defendant DAVID LYNN ROBERSON opened and
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controlled AJE’s bank account. During 2015 and 2016, five corporations
contributed a total of $195,000.00 to AJE. Defendants JOEL IVERSON
GILBERT and DAVID LYNN ROBERSON caused all of AJE’s money, except
for minor administrative expenses, to be paid to Balch & Bingham as
reimbursement for payments to the Oliver Robinson Foundation.
Count One
Conspiracy
Title 18, United States Code, Section 371
16. The allegations in paragraphs 1 through 15 of this Indictment are
realleged as though fully set forth herein.
THE CONSPIRACY
17. From in or about November 2014, and continuing until in or about
November 2016, the exact dates being unknown, within Jefferson County in the
Northern District of Alabama, and elsewhere, defendants
JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and
DAVID LYNN ROBERSON
knowingly and willfully conspired, combined, and agreed with each other,
Representative Oliver L. Robinson, Jr., and others known and unknown to:

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(a) corruptly give, offer, and agree to give anything of value to any
person intending to influence or reward an agent of the State of
Alabama in connection with any business, transaction, or series of
transactions involving anything of value of $5,000.00 or more of the
State of Alabama, a government that receives more than $10,000.00
under a Federal program during any one year period, in violation of
Title 18, United States Code, Section 666(a)(2);
(b) corruptly solicit, demand, accept and agree to accept anything of
value from any person intending to be influenced or rewarded in
connection with any business, transaction or series of transactions
involving anything of value of $5,000.00 or more of the State of
Alabama, a government that receives more than $10,000.00 under a
Federal program during any one year period, in violation of Title 18,
United States Code, Section 666(a)(1)(B); and
(c) devise and intend to devise a scheme and artifice to defraud the
State of Alabama and its citizens of their intangible right to
Representative Oliver L. Robinson, Jr.’s, honest services through
bribery by use of interstate wire transmissions, in violation of Title 18,
United States Code, Sections 1343 and 1346.
MANNER AND MEANS OF THE CONSPIRACY
18. It was a part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, DAVID LYNN ROBERSON,
and Representative Oliver L. Robinson, Jr., would and did agree that the Oliver
Robinson Foundation would be given a valuable consulting contract and monthly
payments in exchange for, among other things, favorable official action by
Representative Robinson in relation to the environmental issues in north
Birmingham.
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19. It was a further part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, and DAVID LYNN
ROBERSON would and did offer, and Representative Oliver L. Robinson, Jr.,
would and did accept, this lucrative contract and monthly payments between Balch
& Bingham and the Oliver Robinson Foundation to corruptly influence and reward
Representative Oliver L. Robinson, Jr., in connection with the use of his position
as a member of the Alabama House of Representatives, Vice-Chairman of the
Jefferson County Legislative Delegation, and elected representative of citizens of
Birmingham in support of Balch & Bingham’s and Drummond Company’s
opposition to EPA’s actions in north Birmingham.
20. It was a further part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, DAVID LYNN ROBERSON,
and Representative Oliver L. Robinson, Jr., would and did conceal that
Representative Robinson had agreed to take official action favorable to Balch &
Bingham’s and Drummond Company’s interests in relation to the environmental
issues in north Birmingham in exchange for a valuable contract and monthly
payments. Balch & Bingham’s contract with the Oliver Robinson Foundation
specifically required that “[t]he existence of this agreement shall also be kept
confidential by Consultant.”
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21. It was a further part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, DAVID LYNN ROBERSON,
and Representative Oliver L. Robinson, Jr., would and did agree that
Representative Robinson would use his official position to pressure and advise
other public officials, consistent with the position of Balch & Bingham and
Drummond Company, to oppose EPA’s actions in north Birmingham.
22. It was a further part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, DAVID LYNN ROBERSON,
and Representative Oliver L. Robinson, Jr., would and did agree that
Representative Robinson would appear before AEMC and the ADEM Director on
February 20, 2015, to advance the opposition of Balch & Bingham and Drummond
Company to EPA’s actions in north Birmingham by using his official position to
make a public statement and to pressure and advise AEMC and the ADEM
Director to take and maintain a position on behalf of the State of Alabama
favorable to Balch & Bingham and Drummond Company in relation to EPA’s
efforts to list the 35th Avenue Superfund Site on the National Priorities List and
expand the Superfund Site into Tarrant and Inglenook.
23. It was a further part of the conspiracy that defendant JOEL IVERSON
GILBERT would and did write letters that Representative Oliver L. Robinson, Jr.,
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would and did print verbatim on his official Alabama House of Representatives
letterhead and sign before delivering to members of the AEMC and ADEM
Director.
24. It was a further part of the conspiracy that, four days prior to
Representative Oliver L. Robinson, Jr.’s, appearance before AEMC in February
2015, he and defendant JOEL IVERSON GILBERT would and did sign the
contract between the Oliver Robinson Foundation and Balch & Bingham.
25. It was a further part of the conspiracy that the Oliver Robinson
Foundation would and did submit invoices each month to Balch & Bingham under
the contract and that the law firm would and did pay those invoices. Checks
written to the Oliver Robinson Foundation by Balch & Bingham as payment under
the contract were deposited into the Oliver Robinson Foundation account at
Regions Bank, a financial institution which was engaged in, and the activities of
which affected, interstate commerce.
26. It was a further part of the conspiracy that Balch & Bingham would and
did submit invoices to Drummond Company and AJE in identical amounts paid to
the Oliver Robinson Foundation and that defendant DAVID LYNN ROBERSON
would and did cause Drummond Company or AJE to pay, by check or electronic
funds transfer, the Balch & Bingham invoices.
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27. It was a further part of the conspiracy that, four days prior to the AEMC
meeting in February 2015, defendants JOEL IVERSON GILBERT and
STEVEN GEORGE MCKINNEY would and did cause Balch & Bingham to pay
the Oliver Robinson Foundation $14,000.00 as the first payment under the
contract.
28. It was a further part of the conspiracy that Balch & Bingham would and
did send an invoice in an identical amount to Drummond Company, which
defendant DAVID LYNN ROBERSON caused Drummond Company to promptly
pay.
29. It was a further part of the conspiracy that defendants JOEL IVERSON
GILBERT, STEVEN GEORGE MCKINNEY, and DAVID LYNN
ROBERSON, utilizing this payment scheme to conceal and disguise the nature,
location, source, ownership, and control of the funds, would and did cause Balch &
Bingham, Drummond Company, and AJE to pay the Oliver Robinson Foundation a
total of approximately $360,000.00 under the contract during 2015 and 2016.
30. It was a further part of the conspiracy that Representative Oliver L.
Robinson, Jr., would and did personally receive money paid by Balch & Bingham,
Drummond Company, and AJE to the Oliver Robinson Foundation.

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OVERT ACTS
In furtherance of the conspiracy and to achieve the objects thereof, the
conspirators committed and caused to be committed the following overt acts,
among others, in the Northern District of Alabama and elsewhere:
31. In or about November 2014, defendants JOEL IVERSON GILBERT
and DAVID LYNN ROBERSON engaged in discussions with Representative
Oliver L. Robinson, Jr., regarding a contract between Balch & Bingham and one of
Representative Oliver L. Robinson, Jr.’s, organizations; they encouraged
Representative Robinson to submit a proposal to Balch & Bingham. The
conspirators discussed that Representative Oliver L. Robinson, Jr., would appear
before the AEMC to advance Balch & Bingham’s and Drummond Company’s
opposition to EPA’s proposed actions by publicly pressuring and advising the
AEMC and ADEM Director to take a position favorable to Balch & Bingham and
Drummond Company. Representative Oliver L. Robinson, Jr., subsequently (in
February 2015) agreed to appear before the AEMC as requested.
32. On or about November 25, 2014, Representative Oliver L. Robinson,
Jr., submitted a proposal to defendant JOEL IVERSON GILBERT and Balch &
Bingham, as requested. Defendant JOEL IVERSON GILBERT emailed the
proposal to defendants STEVEN GEORGE MCKINNEY and DAVID LYNN
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ROBERSON that same day.
33. On or about November 26, 2014, defendant STEVEN GEORGE
MCKINNEY reviewed the proposal from Representative Oliver L. Robinson, Jr.,
and met with defendant JOEL IVERSON GILBERT to discuss the elements of
the communications program and the structure of the new entity required to
execute the program.
34. On December 3, 2014, defendant JOEL IVERSON GILBERT held a
conference with defendant DAVID LYNN ROBERSON to discuss
Representative Oliver L. Robinson, Jr.’s proposal.
35. On or about December 11, 2014, at approximately 6:43 a.m.,
Representative Oliver L. Robinson, Jr., sent an email to defendant JOEL
IVERSON GILBERT stating: “Joel go back to Dave and the Drummond people
and let them know that we will need $7000 per month.” The email concluded by
stating: “Finally, make payments to the Oliver Robinson Foundation. It was
decided the Foundation is best because all types of corps support our foundation.”
Defendant JOEL IVERSON GILBERT forwarded this email to defendant
DAVID LYNN ROBERSON at approximately 7:52 a.m. that same day.
Defendant JOEL IVERSON GILBERT also held a conference call that same day
with defendant DAVID LYNN ROBERSON to discuss Representative
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Robinson’s proposal.
36. At approximately 9:43 a.m. on December 11, 2014, Representative
Oliver L. Robinson, Jr., sent defendant JOEL IVERSON GILBERT an email
reminding Gilbert that he was meeting with EPA officials, including the Regional
Administrator, the following day. Defendant JOEL IVERSON GILBERT
forwarded this email to defendants STEVEN GEORGE MCKINNEY and
DAVID LYNN ROBERSON at approximately 9:53 a.m. that same day.
37. Approximately two minutes later, at 9:55 a.m. on December 11, 2014,
defendant JOEL IVERSON GILBERT sent an email to Representative Oliver L.
Robinson, Jr., stating: “Spoke to Drummond. They have approved your request $7,000 per month. Call me when you get a chance.”
38. On or about December 12, 2014, Representative Oliver L. Robinson, Jr.,
met with EPA officials to discuss issues related to north Birmingham. Defendant
JOEL IVERSON GILBERT provided Representative Oliver L. Robinson, Jr., a
list of talking points consistent with Balch & Bingham’s and Drummond
Company’s position to guide the meeting and instructed him to secretly record the
meeting. Representative Oliver L. Robinson, Jr., concealed from EPA that he was
in contract negotiations with Balch & Bingham to represent Balch & Bingham’s
and Drummond Company’s interests in relation to the environmental issues in
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north Birmingham that were the subject of the meeting.
39. On December 12, 2014, a representative from GASP made a
presentation to AEMC on the importance of the proposed NPL listing for the 35th
Avenue Superfund Site, emphasizing the need for ADEM and AEMC to support
state funding of the cleanup efforts. GASP submitted a copy of its presentation to
AEMC several days prior to the meeting. Defendant JOEL IVERSON
GILBERT obtained a copy of GASP’s presentation prior to the AEMC meeting
and caused talking points rebutting GASP’s presentation to be prepared and
distributed to the AEMC Commissioners, intending that the Commissioners use the
talking points during the meeting.
40. On December 12, 2014, defendant JOEL IVERSON GILBERT held a
conference with defendant DAVID LYNN ROBERSON and Representative
Oliver L. Robinson, Jr., to discuss Representative Robinson’s meeting with EPA
officials and GASP’s presentation to AEMC.
41. On or about December 23, 2014, Representative Oliver L. Robinson, Jr.,
met with representatives of GASP to discuss issues related to north Birmingham.
Defendant JOEL IVERSON GILBERT provided Representative Oliver L.
Robinson, Jr., a list of talking points consistent with Balch & Bingham’s and
Drummond Company’s position to guide the meeting and instructed him to
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secretly record the meeting. Representative Oliver L. Robinson, Jr., concealed
from GASP that he was in contract negotiations with Balch & Bingham to
represent Balch & Bingham’s and Drummond Company’s interests in relation to
the environmental issues in north Birmingham that were the subject of the meeting.
42. On February 6, 2015, defendants JOEL IVERSON GILBERT and
STEVEN GEORGE MCKINNEY met and discussed the upcoming AEMC
meeting.
43. On or about February 6, 2015, defendant JOEL IVERSON GILBERT
approved a letter he instructed an associate to write for Representative Oliver L.
Robinson, Jr., to sign requesting permission from the AEMC Chairman for
Representative Oliver L. Robinson, Jr., to appear before the regularly scheduled
AEMC meeting on February 20, 2015, “on behalf of the concerned citizens
working and residing in North Birmingham.” The letter stated: “As a state
legislator and representative of a district adjacent to the North Birmingham
superfund site, it is my duty to ensure that the North Birmingham community is
adequately represented to relevant State organizations such as AEMC. The health
and general welfare of our community depends, in large part, on AEMC’s
continued willingness to hear and actively engage in matters that are critically
important to them. The NPL proposal is one such matter.” The letter concealed
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from AEMC that Representative Oliver L. Robinson, Jr., was in contract
negotiations with Balch & Bingham to represent Balch & Bingham’s and
Drummond Company’s interests in relation to the environmental issues in north
Birmingham. After Representative Oliver L. Robinson, Jr., printed the letter on his
official Alabama House of Representatives letterhead and signed it, he caused it to
be delivered to the AEMC Chairman.
44. On February 6, 2015, defendant JOEL IVERSON GILBERT
forwarded a draft of this letter to defendant DAVID LYNN ROBERSON in an
email that stated: “David – met with Oliver. He has agreed to submit the request to
AEMC today to meet the deadline. However, he said he needed to think about the
politics of it before he would commit to providing comments to the AEMC. I told
him I understood and he could always withdraw the request should he decide not to
do it. Maybe helpful if you followed up with him on this issue. Thanks.”
Defendant JOEL IVERSON GILBERT also participated in a conference call
with defendant DAVID LYNN ROBERSON on this day and discussed the
upcoming AEMC meeting.
45. On February 10, 2015, defendant JOEL IVERSON GILBERT held
conference calls with defendant DAVID LYNN ROBERSON and Representative
Oliver L. Robinson, Jr., to discuss Representative Robinson’s appearance at the
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upcoming AEMC meeting.
46. On February 10, 2015, defendants JOEL IVERSON GILBERT and
STEVEN GEORGE MCKINNEY met and discussed status and strategy
regarding issues related to north Birmingham.
47. On February 11, 2015, defendant JOEL IVERSON GILBERT,
defendant DAVID LYNN ROBERSON, Representative Oliver L. Robinson, Jr.,
and others met to discuss the upcoming AEMC meeting.
48. On February 11, 2015, defendant STEVEN GEORGE MCKINNEY
read the February 6, 2015, letter written by defendant JOEL IVERSON
GILBERT and signed by Representative Oliver L. Robinson, Jr., requesting
permission to provide comments at the February AEMC meeting. Defendant
STEVEN GEORGE MCKINNEY also worked on strategy for those comments
by Representative Robinson.
49. On February 12, 2015, defendants JOEL IVERSON GILBERT and
STEVEN GEORGE MCKINNEY met and discussed developments regarding
the upcoming AEMC meeting. Defendant JOEL IVERSON GILBERT also held
a conference call with defendant DAVID LYNN ROBERSON to discuss
Representative Oliver L. Robinson, Jr.’s activities.

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50. On February 12, 2015, defendant JOEL IVERSON GILBERT began
drafting an agreement for Representative Oliver L. Robinson, Jr.
51. On February 12, 2015, defendant JOEL IVERSON GILBERT made
an urgent request that the Balch & Bingham accounting department write a
$14,000.00 check to the Oliver Robinson Foundation. Defendant STEVEN
GEORGE MCKINNEY approved this payment request.
52. On or about February 12, 2015, Balch & Bingham wrote a $14,000.00
check to the Oliver Robinson Foundation. This and other checks written to the
Oliver Robinson Foundation by Balch & Bingham as payment under the contract
were deposited into the Oliver Robinson Foundation account at Regions Bank.
Defendant JOEL IVERSON GILBERT emailed a $14,000.00 invoice to
defendant DAVID LYNN ROBERSON on February 13, 2015, seeking
reimbursement from Drummond Company for Balch & Bingham’s payment to the
Oliver Robinson Foundation.
53. On or about February 13, 2015, defendant JOEL IVERSON
GILBERT held various telephone calls with Representative Oliver L. Robinson,
Jr., and defendant DAVID LYNN ROBERSON to discuss finalization of
Representative Robinson’s agreement and payment to Representative Robinson.
Defendant JOEL IVERSON GILBERT also revised and finalized Representative
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Robinson’s agreement.
54. On or about February 16, 2015, four days before the AEMC meeting,
defendant JOEL IVERSON GILBERT held a conference call with
Representative Oliver L. Robinson, Jr., to discuss payment for Representative
Robinson’s activities and delivered the $14,000.00 check to Representative
Robinson. On that day, defendant JOEL IVERSON GILBERT and
Representative Oliver L. Robinson, Jr., also signed an agreement between Balch &
Bingham and the Oliver Robinson Foundation. The contract, which was written
and approved by defendant JOEL IVERSON GILBERT, provided that the Oliver
Robinson Foundation could not “directly or indirectly engage or be concerned or
interested in any business or activity which conflicts with its services to Balch or
otherwise conflicts with the interests of Balch as determined solely by Balch.”
Moreover, the contract stated that “[t]he existence of this agreement shall also be
kept confidential by Consultant.” The contract stated that the effective date of the
contract was December 1, 2014.
55. On or about February 17, 2015, defendant DAVID LYNN
ROBERSON caused Drummond Company to pay Balch & Bingham $14,000.00,
the identical amount Balch & Bingham paid to the Oliver Robinson Foundation.

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56. On February 18, 2015, two days prior to Representative Oliver L.
Robinson, Jr.’s, appearance before AEMC, defendant JOEL IVERSON
GILBERT arranged for Representative Robinson to meet with the Chairman and
Vice-Chairman of the AEMC prior to his appearance before the full AEMC.
57. On or about February 20, 2015, defendant JOEL IVERSON
GILBERT held a conference call with Representative Oliver L. Robinson, Jr., to
discuss the AEMC meeting.
58. On February 20, 2015, Representative Oliver L. Robinson, Jr., appeared
before the AEMC and ADEM Director “to protect the residents of north
Birmingham.” He told AEMC that calls from constituents led him, “as the vice
chairman of the Jefferson County House delegation, to do some research on the
Superfund designations and the NPL listings and to look at the North Birmingham
35th Avenue area location with some fervor.” He advised further that he had “yet
to see any information that shows me that this area should be designated as a
Superfund site, not to mention being put on the NPL listing.” After stating that he
was “really here today to try to protect the residents of north Birmingham,”
Representative Robinson advised that “the thing that gets me and what is in the
process of hurting the residents in that area is that the EPA has included five other
corporations in on this process, but there have been no reports stating that these
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individuals are culpable in any way. And where that hurts the residents is the fact
that we will have decades of litigation that will occur because of these five
companies being added.” He asked the AEMC to help narrow the list of
potentially responsible parties if there were no reports or tests implicating the
corporations. Concluding, Representative Robinson advised AEMC that if the
areas of north Birmingham are designated as a Superfund site or listed on the NPL,
the residents are “considered to live in a dump and nothing can happen there until
it’s either cleaned up and after that, it will take tremendous investment to get it to
move forward.” Representative Robinson concealed from AEMC that he was
being paid by Balch & Bingham, through a valuable consulting contract with the
Oliver Robinson Foundation, to take official action favorable to the interests of
Balch & Bingham and Drummond Company.
59. On or about March 4, 2015, defendant JOEL IVERSON GILBERT
wrote a second letter for Representative Oliver L. Robinson, Jr., to sign requesting
information from the ADEM Director so that Representative Robinson could
“better serve my constituents” and “develop a better understanding of ADEM’s
position.” This letter was delivered to the ADEM Director and each member of the
AEMC after Representative Robinson printed it on his official Alabama House of
Representatives letterhead and signed it. Both defendant JOEL IVERSON
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GILBERT and Representative Robinson concealed that Representative Robinson
was being paid by Balch & Bingham, through a valuable consulting contract with
the Oliver Robinson Foundation, to take official action favorable to the interests of
Balch & Bingham and Drummond Company. The information that Representative
Robinson received from the ADEM Director in response to this letter was provided
to defendant JOEL IVERSON GILBERT.
60. In or about May 2015, defendant JOEL IVERSON GILBERT wrote a
Joint Resolution for consideration by the Alabama Senate and Alabama House of
Representatives urging “the Attorney General and ADEM to combat the EPA’s
overreach.” After the resolution (initially designated SJR 97) was submitted to and
adopted by the Alabama Senate, Representative Oliver L. Robinson, Jr., then a
member of the Alabama House of Representatives’ Rules Committee, voted in
committee to send the resolution to the floor of the House of Representatives for
consideration by the membership of the House with the recommendation that the
resolution be adopted. The resolution, which was adopted by the House of
Representatives and signed by the Governor, was designated Act No. 2015-426.
Both defendant JOEL IVERSON GILBERT and Representative Robinson
concealed that Representative Robinson was being paid by Balch & Bingham,
through a valuable consulting contract with the Oliver Robinson Foundation, to
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take official action favorable to the interests of Balch & Bingham and Drummond
Company.
61. On June 22, 2015, defendant JOEL IVERSON GILBERT instructed
the accounting department at Balch & Bingham not to reference the Oliver
Robinson Foundation on invoices sent to Drummond Company. He also instructed
the accounting department to remove references to the Oliver Robinson
Foundation on the two invoices that Balch & Bingham sent to Drummond earlier.
62. During 2015 and 2016, pursuant to the contract between Balch &
Bingham and the Oliver Robinson Foundation, Representative Oliver L. Robinson,
Jr., through other individuals, communicated Balch & Bingham’s and Drummond
Company’s opposition to EPA’s actions to the residents of north Birmingham as
directed by defendants JOEL IVERSON GILBERT and DAVID LYNN
ROBERSON. The Oliver Robinson Foundation communicated with the residents
through an organization formed for that purpose called Get Smart Tarrant.
Defendant JOEL IVERSON GILBERT, defendant DAVID LYNN
ROBERSON, and Representative Robinson concealed from the residents that the
Oliver Robinson Foundation and Get Smart Tarrant were being paid to represent
the exclusive interests of Balch & Bingham and Drummond Company.
All in violation of Title 18, United States Code, Section 371.
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Count Two
Bribery
Title 18, United States Code, Sections 666(a)(2) and 2
63. The factual allegations in paragraphs 1 through 62 of this Indictment are
realleged as though fully set forth herein.
64. On or about February 16, 2015, within Jefferson County in the Northern
District of Alabama, and elsewhere, defendants
JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and
DAVID LYNN ROBERSON,
aided and abetted by each other and Representative Oliver L. Robinson, Jr., did
corruptly give, offer, and agree to give anything of value to any person, with intent
to influence and reward an agent of the State of Alabama, a state government that
received in excess of $10,000.00 under a Federal program involving a grant,
contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance
during a one year period, in connection with any business, transaction, and series
of transactions of the State of Alabama involving anything of value of $5,000.00
and more; that is, defendants JOEL IVERSON GILBERT, STEVEN GEORGE
MCKINNEY, DAVID LYNN ROBERSON, and others corruptly gave, offered,
and agreed to give a lucrative contract and monthly payments to the Oliver
Robinson Foundation intending to influence and reward Representative Oliver L.
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Robinson, Jr., for using his official position to (1) make a public statement and
pressure and advise AEMC and the ADEM Director to take and maintain a
position on behalf of the State of Alabama favorable to Balch & Bingham and
Drummond Company in relation to EPA’s efforts to list the 35th Avenue Superfund
Site on the National Priorities List and expand the Superfund Site into Tarrant and
Inglenook; (2) meet with and advise EPA officials to take a position favorable to
Balch & Bingham and Drummond Company in relation to EPA’s efforts to list the
35th Avenue Superfund Site on the National Priorities List and expand the
Superfund Site into Tarrant and Inglenook; and (3) vote as a member of the State
of Alabama House of Representative’s Rules Committee to send the joint
resolution (SJR97) written by defendant JOEL IVERSON GILBERT to the floor
of the House of Representatives for consideration by the membership of the House
with the recommendation that the resolution be adopted.
All in violation of Title 18, United States Code, Sections 666(a)(2) and 2.
Counts Three - Five
Honest Services Wire Fraud
Title 18, United States Code, Sections 1343, 1346, and 2
65. The factual allegations in paragraphs 1 through 64 of this Indictment are
realleged as though fully set forth herein.

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66. From in or about November 2014, and continuing to on or about
November 30, 2016, the exact dates being unknown, within Jefferson County in
the Northern District of Alabama, and elsewhere, defendants
JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and
DAVID LYNN ROBERSON,
aided and abetted by each other and Representative Oliver L. Robinson, Jr.,
devised and intended to devise a scheme and artifice to defraud the State of
Alabama and its citizens of their intangible right to Representative Oliver L.
Robinson, Jr.’s honest services through bribery.
Purpose of the Scheme and Artifice
67.

The purpose of the scheme and artifice to defraud is set out in

paragraphs 18 through 30 of this Indictment. Paragraph 18 is hereby incorporated
by reference as though fully set forth herein, with the words “It was part of the
scheme and artifice” replacing “It was part of the conspiracy.” Paragraphs 19
through 30 are hereby incorporated by reference as though fully set forth herein,
with the words “It was a further part of the scheme and artifice” replacing “It was a
further part of the conspiracy” at the start of each paragraph.

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The Wire Communications
68. On or about the date listed below for each count, in Jefferson County in
the Northern District of Alabama, and elsewhere, defendants
JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and
DAVID LYNN ROBERSON,
for the purpose of executing the above-described scheme and artifice to defraud
and attempting to do so, did cause to be transmitted in interstate commerce, by
means of a wire communication, certain signs and signals; that is, defendants
JOEL IVERSON GILBERT, STEVEN GEORGE MCKINNEY, and DAVID
LYNN ROBERSON caused an interstate communication between Alabama and
another state when the Balch & Bingham checks described below, payable to the
Oliver Robinson Foundation, were deposited into the Oliver Robinson Foundation
account at Regions Bank.
69. The allegations of paragraphs 65 through 68 of this Indictment are
realleged for each of counts 3 through 5 as though fully set forth therein.

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COUNT

DATE CHECK POSTED

CHECK NO.

AMOUNT

3

February 17, 2015

402024

$14,000.00

4

April 10, 2015

403375

$7,000.00

5

June 25, 2015

406971

$7,000.00

All in violation of Title 18, United States Code, Sections 1343, 1346, and 2.
Count Six
Money Laundering Conspiracy
Title 18, United States Code, Section 1956(h)
70. The factual allegations of paragraphs 1 through 69 of this Indictment are
realleged as though fully set forth herein.
THE CONSPIRACY
71. From in or about November 2014, and continuing until in or about
November 2016, the exact dates being unknown, within Jefferson County in the
Northern District of Alabama, and elsewhere, defendants
JOEL IVERSON GILBERT,
STEVEN GEORGE MCKINNEY, and
DAVID LYNN ROBERSON
did knowingly combine, conspire, and agree with each other and Representative
Oliver L. Robinson, Jr., to knowingly conduct and attempt to conduct financial
transactions involving the use of one or more monetary instruments and a financial

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institution which was engaged in, and the activities of which affected, interstate
commerce, which transactions involved the proceeds of specified unlawful activity,
that is, bribery, knowing that the transactions were designed in whole or in part to
conceal and disguise the nature, location, source, ownership, and control of the
proceeds of specified unlawful activity, and that while conducting and attempting
to conduct such financial transactions, knew that the property involved in the
financial transactions represented the proceeds of some form of unlawful activity,
in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
MANNER AND MEANS OF THE CONSPIRACY
72. The factual allegations of paragraphs 18 through 30 of this Indictment
are realleged as though fully set forth herein as the description of the manner and
means of the money laundering conspiracy.
All in violation of Title 18, United States Code, Section 1956(h).
A TRUE BILL

/s/
Foreperson of the Grand Jury

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JAY E. TOWN
UNITED STATES ATTORNEY

/s/ George Martin
GEORGE A. MARTIN, JR.
Assistant United States Attorney

/s/ Robin Mark
ROBIN B. MARK
Assistant United States Attorney

/s/ John Ward
JOHN B. WARD
Assistant United States Attorney

34