SOCom contractor gets probation in bribery scam
A co-defendant, retired Army Col. Tom Spellissy, is scheduled to be tried in April.
By PAUL DE LA GARZA
Published January 25, 2006
TAMPA - Before sentencing William Burke on federal bribery charges Wednesday, U.S. District Judge Susan Bucklew called his offense "scary."
As a former private contractor at Special Operations Command, she noted Burke was no ordinary worker. He was part of a military unit in charge of national security.
During the 30-minute hearing, Bucklew also hailed Burke, a retired Army lieutenant colonel. "This is a bad thing," she acknowledged, "but he certainly has a past he can be proud of."
That past, and his cooperation with investigators looking into a bribery scam at SOCom, helped Burke get a lighter sentence.
Although he faced a maximum of 15 years in prison, Bucklew sentenced him to three years of supervised probation and six months of home detention. She also ordered him to pay a $4,500 fine and $100 in court fees.
During home detention, Burke, 50, of Odessa, can leave his house only for work or with permission from his probation officer.
The case is far from over. A co-defendant, retired Army Col. Tom Spellissy, is scheduled to be tried in April.
Prosecutors say Burke will be a star witness against Spellissy, 49, of Clearwater.
Spellissy, who maintains his innocence, has vowed not to go down without a fight. He has started work on a book, tentatively titled "Behind Friendly Lines," detailing his experiences at SOCom.
On Wednesday, Spellissy attorney Pat Doherty, who briefly attended the Burke hearing, said he is considering calling SOCom commander Gen. Bryan "Doug" Brown as a witness.
The defense also is thinking of calling other senior SOCom officials, including Dale Uhler, the command's top weapons buyer, as witnesses.
In a statement, SOCom declined comment on Spellissy's potential list of witnesses, but it defended the way it has handled allegations of wrongdoing.
"USSOCOM has a continuing responsibility to exercise good stewardship of the public's trust," the statement said. "Today's sentencing affirms that individuals who violate the law are held accountable."
The bribery scandal at SOCom, which oversees the nation's elite commandoes, became public in October, after Burke struck a deal with prosecutors and agreed to cooperate with investigators. He also pleaded guilty to bribery.
Prosecutors contend Burke took $4,500 from Spellissy, a defense consultant, to help his clients land defense contracts.
Burke said Spellissy promised him a substantial amount of money in the future.
At the time the conspiracy allegedly was hatched, Burke was in charge of evaluating weapons used by special operations forces at SOCom, based at MacDill Air Force Base.
In that position, Burke decided which companies seeking defense contracts at SOCom went to the front of the line.
Before he retired in December 2004, Spellissy worked in the same area as Burke.
It's unclear if Spellissy's clients benefitted from the supposed arrangement with Burke, or if the investigation disrupted the ruse.
After Wednesday's hearing, the prosecutor in the case, assistant U.S. Attorney Robert O'Neill, said that would come out at trial.
Doherty insists his client paid Burke for legitimate work. He says he has found no evidence his relationship with Burke helped his clients.
Both sides have refused to identify the companies Spellissy represented. But the defense says some are well-known defense contractors.
The indictment of Spellissy chronicles two payments, allegedly illegal, he made to Burke.
But in court Wednesday, in arguing for a reduced sentence for his client, Burke attorney Daniel Hernandez revealed a payment Spellissy made to Burke that seemed to bolster Spellissy's defense.
Hernandez said that on one occasion Spellissy paid Burke for "legitimate work," but that Burke did not cash the check "because he was concerned at that point," and because he was advised by the government not to cash it.
O'Neill declined to discuss the payment.
Besides Burke's testimony, prosecutors are relying on e-mail exchanges between Spellissy and Burke to prove their case. The e-mails allegedly outline the kickback scheme.
The defense says the e-mail exchanges exonerate Spellissy.
Several weeks ago, investigators confirmed they were looking at a third suspect in the bribery scam. Outside the courtroom Wednesday, O'Neill said they have no evidence to charge anybody else in the case.
During the hearing, Burke told Bucklew he accepted full responsibility for his actions, and he apologized to his family and to SOCom.
He also said he is unemployed and is depleting his finances. (His wife works as a newspaper carrier.)
Before he was sentenced, Burke told the judge he would never break the law again. "I have learned my lesson," he said.
-- Paul de la Garza can be reached at delagarza@sptimes.com or 813-226-3432.