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E-FILED

Tuesday, 02 December, 2014 01:24:34 PM

Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION

UNITED STATES OF AMERICA,

Plaintiff,
vs.
LEON DINGLE, JR., and
KAREN DINGLE,
Defendants.

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Case No. 12-30098

MOTION TO USE LEADING QUESTIONS

OF A WITNESS ON DIRECT EXAMINATION
The United States of America, by its attorneys, James A. Lewis, United States
Attorney for the Central District of Illinois, and Timothy A. Bass, Assistant United
States Attorney, respectfully submits its motion to use leading questions of a witness on
direct examination. The government states the following:
Background/Facts
1.

On October 5, 2012, Defendants LEON DINGLE, JR., KARIN DINGLE,

JACQUELYN KILPATRICK, and EDMOND CLEMONS were indicted in this district

and charged with conspiracy to commit mail fraud, in violation of 18 U.S.C. 371, 1341,
mail fraud, in violation of 18 U.S.C. 1341, and money laundering, in violation of 18
U.S.C. 1957(a). KILPATRICK and CLEMONS have entered negotiated guilty pleas
prior to trial. The current trial involves Defendants LEON DINGLE, JR. and KARIN
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DINGLE.
2.

On August 7, 2013, in a related case, Quinshaunta Golden was indicted

and charged with various offenses relating to bribery/theft involving programs

receiving federal funds, in violation of 18 U.S.C. 666, mail fraud, in violation of 18
U.S.C. 1341, and obstruction of justice, in violation of 18 U.S.C. 1512. Golden pleaded
guilty to the bribery/theft and obstruction of justice charges on April 10, 2014, pursuant
to a plea agreement.
3.

On September 10, 2014, also in a related case, Roxanne Jackson waived

indictment and pleaded guilty pursuant to a plea agreement to one count of

bribery/theft involving programs receiving federal funds, in violation of 18 U.S.C. 666,
and one count of filing a false federal income tax return, in violation of 26 U.S.C.
7206(1).
Summary of Governments Evidence
4.

The evidence the government has presented at trial to date includes the

following:
5.

The Illinois Department of Public Health (DPH) was an agency of the

State of Illinois that was charged with promoting the health of the people of Illinois
through the prevention and control of disease and injury. Specifically, DPH was
charged under Illinois law with, among other things, coordinating state programs and
services relating to the prevention and treatment of acquired immunodeficiency
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syndrome (AIDS), including grants to individuals, organizations, and facilities to

support information, referral, and treatment services, and supplementation of other
public and private resources. In 1995, it implemented the Illinois Breast and Cervical
Cancer Program, which was designed to reduce breast and cervical cancer mortality by
providing screening and diagnostic services that promoted early detection.
6.

In 2003, Governor Blagojevich appointed Dr. Eric Whitaker as the Director

of DPH. He remained as Director of DPH until September 2007 and was succeeded by
Dr. Damon Arnold. After leaving DPH, Dr. Whitaker was employed at the University of
Chicago Medical Center.
4.

Quinshaunta Golden was hired by Dr. Whitaker as the Chief of Staff at

DPH in 2003 and continued in that position until April 2008 when she joined him at the
University of Chicago Medical Center.
5.

From 2003 to September 2007, Dr. Whitaker and Golden were responsible

for the management of DPH, including its grant programs and the implementation of
programs during the Blagojevich administration known as BASUAH (Brothers And
Sisters United Against HIV/AIDS) and the Illinois Faith-Based Emergency
Preparedness Initiative. As Chief of Staff, Golden reported directly to Dr. Whitaker and
later Dr. Arnold and had significant control over all of the offices of DPH and approval
authority and control over the awarding of grants and contracts. After Golden left DPH,
her firm, Strategic Healthcare Initiatives, was awarded a DPH contract under Dr.
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Arnold so that she could continue to monitor activities at DPH relating to the
faith-based initiative.
6.

Roxanne Jackson was hired by Dr. Whitaker and Golden in 2003 as the

Director of Human Resources at DPH. Jackson remained at DPH until 2004. Beginning
in mid-2007, Jackson was a paid consultant of Defendant LEON DINGLE, JR. and his
firm, AHSEA, and DPH grantees BMA, AWARE, and MHA.
4.

Between 2004 and 2010, DINGLE, through his relationships with officials

within the Blagojevich administration, including Golden, Dr. Whitaker, and Dr. Arnold,
and with BMA and the owners of AWARE and MHA, and with the assistance of
KILPATRICK, caused DPH to award 42 non-competitive grants, totaling more than
$11,000,000, to BMA, AWARE, and MHA, nearly all of which were up-front funded.
Between 2003 and September 2007, while employed together at DPH, Dr. Whitaker and
Golden approved twelve of those grants to BMA, totaling approximately $4,000,000.
5.

In May 2007, Dr. Whitaker rated Golden as exceptional and

instrumental in coordinating high-level initiatives that are initiated by the Governors

Office, and he recommended that Golden receive a one-time discretionary bonus of
$8,008. DPH, Dr. Whitaker, and Golden promoted the implementation of the faith-based
emergency preparedness initiative and DPHs partnering with various organizations,
including BMA. Although not part of the governments evidence at trial, Dr. Whitaker
also later described Golden to the media as an exceptional manager and leader and the
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leader of the development effort for our widely acclaimed pandemic flu response,
emergency preparedness and response and faith-based response programs while also
representing that he was not involved with the grant process for the Broadcast
Ministers Alliance. See October 22, 2008 Statement of Eric Whitaker to Chicago Sun-Times,
available at www.suntimes.com.
6.

Golden, an alleged co-conspirator with DINGLE, steered millions of

dollars in DPH grants to DINGLE through BMA, AWARE, and MHA. From July 2007,
when Dr. Whitaker was the DPH Director, to April 2008, Golden caused $772,500 in
DPH grant funds, originally disbursed to BMA, AWARE, and MHA, to be paid through
DINGLE to Jackson, including more than $400,000 in April 2008 alone (the time of
Goldens departure from DPH). Golden and Jackson engaged in a bribery/kickback
scheme in which they split the grant funds received by Jackson while Jackson also kicked
back to Golden a portion of additional funds Jackson received from a DPH contract
awarded to a firm owned by Jacksons brother. DINGLE was aware that the amount of
grant funds paid to Jackson was unjustified. When the owner of MHA objected to a
single payment of $192,500 in grant funds to Jackson in April 2008, DINGLE advised
MHAs owner that the payment had to be made. He also told KILPATRICK that he was
going to ensure that he obtained as much grant funds as Jackson.
7.

The evidence has further established that in September 2007, Dr. Whitaker,

while Director of DPH, solicited a $25,000 contribution from an individual to be co-chair

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for a benefit gala of the National Medical Fellowship (NMF), at which Dr. Whitaker
advised he was to receive the Distinguished Alumni Award. Golden later awarded a
$40,000 DPH grant to AWARE, approved by Dr. Arnold, in December 2007, $25,000 of
which was paid by AWARE to NMF and $14,500 of which DINGLE paid to himself
personally. While the grant issuance process was underway, DINGLE, Dr. Whitaker,
and Rory Slater, Dr. Whitakers executive assistant at DPH, coordinated with NMF
regarding a venue for the NMF gala. Dr. Whitaker also convened at least one meeting
with DINGLE and Slater to discuss the NMF. DINGLE paid approximately $1,000,
funded in part by DPH grant funds, for Slater to travel to New York to meet with NMF
officials. On April 30, 2008, after the AWARE grant was funded, a pre-gala event was
held at the Chicago Yacht Club, of which DINGLE was a member. During the event,
which was attended by DINGLE, Dr. Whitaker and his wife, and the owners of AWARE
and MHA, the owner of AWARE presented a $25,000 check, all funded with grant
money, to the NMF. DINGLE used an additional $1,069.12, funded at least in part with
DPH grant funds, to pay for food and alcohol expenses associated with the event. He
later caused an additional $25,000 in DPH grant funds awarded to MHA to be paid to
the NMF. During the actual NMF gala event in Chicago in November 2008, which was
co-chaired by Dr. Whitakers wife, Dr. Whitaker was an honoree and DINGLE, Golden,
and the owner of MHA received a VIP table.
8.

In October 2007, during a trip to a bird flu summit in Las Vegas, DINGLE,
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Dr. Whitaker, Golden, Jackson, the owners of AWARE and MHA, and a government
witness attended a dinner and concert at the Flamingo hotel and casino. DINGLE paid
the $1,470.70 bill for the dinner and concert, which was funded at least in part with DPH
grant funds.
7.

In November 2007, DINGLE paid $745, including a $100 rush fee, for

Rainbow Push (which also received DPH grant funds) Unity Globe awards for Dr.
Whitaker and Golden and an additional Female Ebony Strength Award for Golden. The
expense was again funded at least in part with DPH grant funds.
8.

In December 2007, during the implementation of DPHs faith-based

emergency preparedness initiative, a government witness, who was working at DPH on

the initiative but being paid by DINGLE, went to Goldens office to meet with Golden.
When the witness entered Goldens office, she observed DINGLE and Golden engaged
in what appeared to be a sexual encounter, with Golden partially undressed. Upon
noticing the witnesss arrival, Golden praised the witnesss work on the initiative and
advised the witness that the witness would be receiving a $10,000 bonus. Bank records
from AHSEA and witness testimony confirm that the witness was paid an additional
$10,000 shortly after the incident in Goldens office.
9.

In addition, during cross-examination (but not the governments direct

examination) of another government witness, counsel for DINGLE elicited information

that suggested that Dr. Whitaker and Golden also had a personal relationship while
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they were employed at DPH.

Dr. Whitakers Cooperation Agreement With the Government
10.

In September 2012, prior to the return of the indictment in this matter, Dr.

Whitaker was issued a subpoena to appear before the grand jury in Springfield. Dr.
Whitaker requested, through his counsel, that he be allowed to meet with the
government pursuant to a cooperation agreement in lieu of an appearance before the
grand jury. The government agreed to this request. On December 7, 2012, following the
return of the indictment in this matter and after he could no longer be called before the
grand jury concerning matters solely related to the DINGLE indictment, but while the
Golden grand jury investigation was ongoing, Dr. Whitaker and his counsel met with
the government in Springfield and executed a cooperation agreement. That agreement
provided in part that Dr. Whitaker would provide complete and truthful information
to law enforcement officials regarding his conduct and everything he knows or has
reason to believe about the conduct of others in exchange for the governments
agreement that none of the information he provided could be directly used against him.
Dr. Whitaker further agreed to produce any and all documents and physical evidence
of any kind in his possession or under his control which relate to the information he
provides. Following the execution of the agreement, law enforcement agents
interviewed Dr. Whitaker. During the interview, he refused to answer any questions
concerning his personal relationship with Golden. When his counsel was reminded that
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Dr. Whitaker was obligated to provide complete and truthful information pursuant to
the agreement they had just signed and would have been required to do so before the
grand jury in any event without such an agreement, Dr. Whitaker continued to refuse to
answer any such questions. The day after the return of the Golden indictment several
months later on August 7, 2013, however, he represented to the media that as
requested by the U.S. attorney, I have been fully cooperating with the investigation into
these matters. See Whitaker Says Hes Cooperating With Authorities In Grant Scam Case,
August 8, 2013, available at www.chicagotribune.com. That statement was at best
inaccurate.
11.

Between the spring of 2014 and continuing to shortly before the

commencement of the trial in this matter, the government made repeated requests to
Dr. Whitakers counsel to meet with Dr. Whitaker in preparation for trial pursuant to
his cooperation agreement and issued Dr. Whitaker a trial subpoena to provide
testimony. He did not agree to any of the government requests and is the only witness
who has refused to do so. Shortly before the last pre-trial hearing in this matter on
October 1, 2014, Dr. Whitakers counsel advised the government that Dr. Whitaker had
expressly refused to meet with the government.
12.

During the October 1, 2014, pre-trial hearing, counsel for DINGLE (not the

government) first raised the issue of the governments intention to seek permission
from the Court to treat Dr. Whitaker as a hostile witness. Counsel for DINGLE (again
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not the government) also attempted to represent that the governments reason for doing
so was because Dr. Whitaker refused to answer questions about any sexual
relationship he had with Golden. Counsel for DINGLE further represented that
counsel had received an affidavit from Dr. Whitakers attorney (not provided to the
government), affirming that Dr. Whitaker would testify truthfully and accurately at trial
as to such a question, and that he should therefore not be treated as a hostile witness
because he will answer truthfully per the affidavit of his lawyer. In short, counsel for
DINGLE attempted to raise the governments motion with the Court and ask that it be
denied before it had even been filed.
Argument
13.

Rule 611(c) of the Federal Rule of Evidence provides in part that

[o]rdinarily the court should allow leading questions: (1) on cross-examination; and (2)
when a party calls a hostile witness, an adverse party, or a witness identified with an
adverse party. See, e.g., United States v. Smith, 378 F.3d 754, 755-56 (8th Cir. 2004).
14.

In this case, the government requests that the Court allow the government

to use leading questions of Dr. Whitaker on direct examination in the event he is called
as a witness by the government because he is both a witness identified with an adverse
party, namely, Defendant LEON DINGLE, JR, and a hostile witness. The government is
not seeking permission to do so solely because Dr. Whitaker refused to answer a single
question about a sexual relationship with Golden. It is counsel for DINGLE and not the
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government that has raised such an issue in this trial, first with the Court during the
pre-trial hearing and then during cross-examination of a government witness. Rather,
Dr. Whitaker was the Director of DPH, an agency of the State of Illinois that received
hundreds of millions of dollars in taxpayer funds, and the approving official, along
with Golden, an alleged co-conspirator with DINGLE, of DPH grants during the time
millions of dollars in grant funds were awarded to BMA, an organization DINGLE
portrayed to DPH that he represented. Dr. Whitaker hired Golden, rated her as
exceptional, and recommended her for a bonus. He and Golden promoted DPHs
faith-based initiative and its collaboration with BMA. In addition, DINGLE extended
benefits to Dr. Whitaker during and after his employment at DPH. This evidence,
presented during the trial, establishes not only that Dr. Whitaker is a witness identified
with an adverse party and an alleged co-conspirator but also that he has direct
knowledge and potentially exclusive knowledge concerning DINGLE and Golden.
15.

Moreover, Dr. Whitaker requested and was granted the courtesy of

meeting with the government in December 2012, with counsel, pursuant to a

cooperation agreement, in lieu of his obligation, as with any subpoenaed witness
without such an agreement, to appear before the grand jury. During that meeting, Dr.
Whitaker refused to answer questions concerning his personal relationship with Golden
during the time period of the matters directly at issue in this trial and has refused to
provide complete and truthful information to the government pursuant to a contractual
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obligation he requested, despite also inaccurately representing to the media that he is

fully cooperating with the government. Finally, Dr. Whitaker, again through counsel,
took the unusual step, as this Court observed at the pre-trial hearing, of providing
counsel for DINGLE with an affidavit, indicating that he would testify truthfully, which
counsel for DINGLE then used as a basis to argue to the Court that this motion be
denied before it had even been filed. This, too, establishes not only that Dr. Whitaker is
a witness identified with an adverse party, Defendant DINGLE, but also that he is a
witness clearly hostile to the government.
16.

Accordingly, the government respectfully requests that its motion be

allowed.
JAMES A. LEWIS
UNITED STATES ATTORNEY

BY:

s/Timothy A. Bass
Timothy A. Bass, Bar No. MO 45344
Assistant United States Attorney
318 S. Sixth Street
Springfield, IL 62701
Phone: 217/492-4450
Fax: 217/492-4044
tim.bass@usdoj.gov

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CERTIFICATE OF SERVICE
I hereby certify that on the 2nd day of December 2014, I filed the foregoing
directly with the Clerk of Court using the CM/ECF system, which will send notice to
the following:
Counsel of record

s/Timothy A. Bass
Timothy A. Bass, Bar No. MO 45344
Assistant United States Attorney
318 S. Sixth Street
Springfield, IL 62701
Phone: 217/492-4450
Fax: 217/492-4044
tim.bass@usdoj.gov

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