Caucus Room, Russell Senate Office Building
[00.26.37-THOMPSON continues to interrogate DEAN about his use of the funds entrusted to him]
Mr. THOMPSON. Did I understand your testimony in response to Senator Gurney's questions that you took some money out, you don't really know how much, you put some back in and you don't really know how much?
Mr. DEAN. I have. not sat down and tried to figure this out, no.
Mr. THOMPSON. So you don't really know how much.
Mr. DEAN. That is correct.
Mr. THOMPSON. How did you know that you owed the fund $4,850?
Mr. DEAN. Because I had -a check in there for that amount and I sat down and recounted it, and double checked that -before I turned the money over to my lawyer as -well.
Mr. THOMPSON. Do -you still have that check incidentally?
Mr. DEAN. Which check?
Mr. THOMPSON. The $4,850 check placed in the safe.
Mr. DEAN. No; I do not. When my lawyer and I discussed this he told me that we will have to negotiate a new check, an updated check because the old check would not pass with the old date. He said issue me a new check- and tear up the old one and get it over to me, which. I did.
Mr. THOMPSON. You tore up the check that you placed in the safe?
Mr. DEAN. That is correct.,
Mr. THOMPSON,. Did you not consider this as possible evidence of your good intentions which you have relayed to us here?
Mr. DEAN. Well, Mr. Thompson, if I was trying to be deceitful I could have very easily -written another check to put in but I am not trying to be deceitful, I tore up the first check and I didn't try to pretend there was---
Mr. THOMPSON. Well, you realized, I am sure you had -a problem--the reason you didn't place the money back, and in telling your attorney, was that you wanted to be completely truthful, but what you had done was realize it might be questionable; based on that statement would it not have been logical for you to have kept that check and say, yes, this is a check I placed in the safe at the very beginning?
Mr. DEAN. -If you want to place something sinister on this YOU can because it was a very sort of incidental activity. Mr. Shaffer and I didn't really talk at length about it. He -wanted to get the information to the prosecutors, he said, "I will also need a new check."
Mr. THOMPSON. -An incidental activity at this time when you went to your attorney and explained the situation and, as you have said in your own testimony, you wanted to make sure the truth was out about this matter; you might be, questioned about it, and you wanted -to be truthful about it; you consider this an incidental matter at this time, the only evidence possibly that you had besides your own testimony that you had indeed placed your personal check in there?
Mr. DEAN. I didn't feel it a major matter at that, moment I was prepared to reveal it and in fact develop it to the prosecutors.
[00.29.13-DEAN testifies to the effect that he destroyed evidence that FAVORS his testimony about use of the campaign funds. THOMPSON is rather incredulous in questioning DEAN.]
Mr. THOMPSON. You didn't feel it was necessary to have, any documentary evidence to support or bolster your testimony on this particular point, then?
Mr. DEAN. No, I was perfectly willing to say everything I knew about the matter.
Mr. THOMPSON. What about, a check stub?
Mr. DEAN. I would surmise there is no check stub because I kept, the way my checkbook is composed there are no stubs to the cheeks, you slide new checks into the book and run the other, the stub section in another area of the book, and I would keep in my desk drawer a nonsequential numbered checks far down the line and when I wrote the check for cash I took one out of my desk drawer because my secretary would keep the sequential checks in her desk, and at the time, I don't recall her being in the office when I needed a check and I just
wrote one out of my desk drawer.
Mr. THOMPSON. Are you saving you did not, stub this check at all? You did not make a stub?
Mr. DEAN. No; I did not
Mr. THOMPSON. I believe you previously testified that You stood ready to make, good this check at any time. Was it not necessary in keeping a record Of your account, did you consider this an obligation which you had covered, so to speak?
Of course, you did not have enough money in your account to cover it. You have already testified that you only had $1,600 in your account at that time.
Mr. DEAN. In my banking account, I certainly felt I had enough money to cover it through my brokerage account.
Mr. THOMPSON. You had 20 something thousand dollars in your brokerage account?
Mr. DEAN. I had over $20,000 in my brokerage account at that time.
Mr. DASH. All right. And you took the money out on October 12, 1972?
Mr. DEAN. Yes, sir.
Mr. THOMPSON. And you placed the check in the trustee account when?
Mr. DEAN. I do not recall the exact date the trustee account was set, UP, because as I say---
Mr. THOMPSON. In April?
Mr. DEAN. Yes, in April.
Mr. THOMPSON. From October 1972 to April 1973, you had this money in your stock account, and you never did take any money Out of the stock account and place it in the bank to cover this check?
Mr. DEAN. That is correct,
Mr. THOMPSON. When did you tear up this check?
Mr. DEAN-. Shortly after my attorney told me he wanted me to issue a newer check. And he said in a manner that was without. to my knowledge, any sinister thoughts at all, that, merely issue me a new check and tear up the old check and bring the old one over here----
Mr. THOMPSON. I am not talking about sinister now. Of course, you have a right to do what you want to do with your own checks. There is nothing sinister about-----
Mr. DEAN. We. had talked about this, Mr. Thompson, after the fact. I wish I had had the check.
Mr. THOMPSON. I am sure you do, too.