Keating Five
The Keating Five refers to five United States Senators—Democrats Alan Cranston of California, Dennis DeConcini of Arizona, John Glenn of Ohio, and Donald Riegle of Michigan, along with Republican John McCain of Arizona—who became embroiled in a 1989 ethics scandal for intervening with federal regulators on behalf of Charles H. Keating Jr., the owner of the insolvent Lincoln Savings and Loan Association.[1][2] Keating, whose thrift engaged in high-risk investments including junk bonds, had contributed approximately $1.3 million in total to the senators' campaigns and political action committees, prompting accusations that their advocacy sought to delay regulatory seizure of Lincoln amid its mounting losses.[3][4] In April 1987, the senators arranged meetings with officials from the Federal Home Loan Bank Board to urge leniency toward Keating, whose institution ultimately collapsed in 1989, resulting in over $3 billion in taxpayer losses as part of the broader savings and loan crisis.[1][5] The ensuing Senate Ethics Committee investigation, prompted by public and media scrutiny, determined in 1991 that the senators had exercised poor judgment and appeared to act as advocates for a contributor rather than constituents, though no criminal violations were found; Cranston received a formal reprimand for his extensive involvement, while the others faced varying degrees of criticism, with McCain deemed to have had minimal prior knowledge and less aggressive intervention.[2][6]Background on the Savings and Loan Crisis
Deregulation and Industry Vulnerabilities in the 1980s
The savings and loan (S&L) industry, comprising thrift institutions primarily focused on residential mortgage lending, faced structural constraints prior to the 1980s, including federal deposit interest rate ceilings under Regulation Q and geographic restrictions limiting operations to local markets.[7] These regulations insulated thrifts from competition but exposed them to disintermediation during periods of high inflation, as savers shifted funds to unregulated money market instruments offering higher yields.[8] By the late 1970s, double-digit inflation eroded thrift profitability, compounded by a portfolio dominated by long-term, fixed-rate mortgages originated at rates below 10 percent while short-term deposit costs surged.[7] The Depository Institutions Deregulation and Monetary Control Act (DIDMCA) of 1980, enacted on March 31, marked the onset of significant deregulation by initiating a six-year phase-out of Regulation Q ceilings, thereby allowing thrifts to compete more aggressively for deposits through higher interest offerings.[9] It also raised federal deposit insurance coverage from $40,000 to $100,000 per account and permitted federally chartered thrifts limited diversification into consumer loans and adjustable-rate mortgages.[10] However, these changes exacerbated vulnerabilities amid Federal Reserve Chairman Paul Volcker's aggressive anti-inflation monetary policy, which drove the prime rate to a peak of 21.5 percent in December 1980; thrifts' asset-liability mismatch intensified as they funded low-yielding legacy mortgages with costlier, volatile deposits, rendering hundreds technically insolvent on a market-value basis by 1981.[8] [11] The Garn-St. Germain Depository Institutions Act of 1982 further liberalized the sector by authorizing thrifts to engage in commercial real estate lending, consumer loans, and up to 10 percent direct equity investments, while permitting interstate mergers and granting regulators forbearance authority to waive capital requirements for troubled institutions.[12] [13] Intended to bolster competitiveness against commercial banks, these provisions instead facilitated a shift toward speculative, high-risk assets like junk bonds and undeveloped land, areas outside thrifts' traditional expertise in home financing.[7] Moral hazard arose from the Federal Savings and Loan Insurance Corporation's (FSLIC) flat-premium deposit insurance, which decoupled depositor risk perception from institutional behavior, encouraging rapid growth via brokered funds—short-term deposits often exceeding $100,000 bundled across accounts—and lax underwriting.[14] [11] Regulatory forbearance, allowing undercapitalized thrifts to operate without immediate resolution, masked the scale of losses but amplified systemic risks as negative net worth deepened; by mid-decade, the FSLIC's reserve fund stood at just $6.3 billion against projected liabilities exceeding $100 billion.[14] This combination of deregulatory freedom without commensurate oversight or capital buffers transformed a solvency crisis into widespread institutional failures, with over 500 thrifts requiring assistance or closure between 1980 and 1985 alone.[7]Key Factors Leading to Widespread Failures
The savings and loan (S&L) crisis of the 1980s was precipitated by an acute asset-liability mismatch exacerbated by surging interest rates in the late 1970s and early 1980s. S&Ls traditionally held long-term, fixed-rate mortgages funded by short-term deposits, but Federal Reserve policies to combat inflation drove short-term rates to peaks above 15% by 1980–1981, causing funding costs to exceed asset yields and generating widespread negative spreads.[8] This interest rate shock led to initial insolvencies, with over 350 S&Ls failing or receiving federal assistance between 1980 and 1982 alone, as depositors shifted funds to higher-yielding alternatives amid disintermediation.[7] Deregulation amplified vulnerabilities by enabling S&Ls to pursue high-risk investments without commensurate expertise or capital buffers. The Depository Institutions Deregulation and Monetary Control Act of 1980 eliminated interest rate ceilings on deposits, while the Garn-St. Germain Depository Institutions Act of 1982 expanded thrift powers to include commercial real estate lending, junk bonds, and direct investments—areas where many S&Ls lacked experience, resulting in speculative ventures that soured amid economic downturns.[8] Moral hazard from federal deposit insurance, raised to $100,000 per account in 1980, incentivized excessive risk-taking by owners and managers, who gambled with insured funds knowing taxpayers bore the downside, contributing to losses estimated at over $150 billion by the decade's end.[15] Fraud and insider abuse were rampant, accounting for a significant portion of failures; federal investigations later identified criminal activity in up to one-third of resolved thrifts, including schemes like land value inflation through affiliated transactions and diversion of funds for personal gain.[15] Regulatory forbearance compounded these issues, as the Federal Savings and Loan Insurance Corporation (FSLIC), severely undercapitalized with reserves below $6 billion by 1986 against hundreds of billions in insured deposits, delayed closures of insolvent institutions to conserve resources, allowing "zombie" thrifts to accrue mounting losses through continued operations.[14] This permissive oversight, rooted in political pressures and resource constraints, permitted problems to metastasize, with nonperforming assets in the industry surging from 2.6% in 1980 to over 10% by 1988.[7]Lincoln Savings and Loan Association
Charles Keating's Acquisition and Expansion
In February 1984, Charles H. Keating Jr., through his holding company American Continental Corporation (ACC), acquired Lincoln Savings and Loan Association, a federally insured thrift originally chartered in California and headquartered in Irvine.[16] The transaction closed on February 24, 1984, with financing provided by the December 1983 issuance and sale of approximately $55 million in high-yield bonds by ACC.[17] Following the acquisition, Keating replaced Lincoln's existing management and shifted its primary operations to Arizona, where ACC was based in Phoenix.[18] This relocation aligned with Keating's focus on real estate development in the Southwest, leveraging Lincoln's federal deposit insurance to fund ACC's ventures.[18] Keating redirected Lincoln away from traditional, low-risk residential mortgage lending toward high-risk commercial activities permitted under recent deregulation, such as the Garn-St. Germain Depository Institutions Act of 1982, which expanded allowable investments for thrifts.[19] The institution's portfolio grew to include substantial holdings of junk bonds—high-yield, speculative debt securities—and equity stakes in aggressive real estate projects, including hotels, luxury resorts, and commercial developments often tied to ACC subsidiaries.[20] [21] By 1988, Lincoln's total assets had ballooned from $1.1 billion at the time of acquisition to $5.5 billion, reflecting an annualized growth rate exceeding 50 percent driven by these non-traditional, high-leverage investments.[19] This expansion relied heavily on brokered deposits and direct marketing of uninsured investment products, such as ACC-issued bonds, sold through Lincoln's branch network to retail customers, many of whom were elderly retirees seeking secure savings options.[18]High-Risk Investments and Regulatory Evasion
Under Charles Keating's control after acquiring Lincoln Savings and Loan Association in 1984 for $51 million, the institution shifted from conservative home lending to aggressive, high-risk strategies that prioritized rapid asset growth over prudent risk management.[22] By the mid-1980s, Lincoln's portfolio included substantial holdings in junk bonds—high-yield, speculative debt securities issued by financially unstable entities—and direct investments in commercial real estate developments, such as luxury resorts and land speculation projects tied to Keating's parent company, American Continental Corporation (ACC).[20] Junk bond investments alone ballooned from $110 million in August 1984 to representing a significant portion of assets, often exceeding federal guidelines for qualified thrift investments, which emphasized safer mortgages and government securities.[23] These assets, including billions funneled into property speculation and corporate takeovers via ACC, generated illusory growth but masked underlying vulnerabilities, as property values fluctuated and bond defaults loomed amid economic shifts.[24] Lincoln's tactics for regulatory evasion centered on exploiting deregulatory loopholes from the early 1980s while systematically breaching capital and investment caps through accounting maneuvers and structural arrangements. Federal regulations, including those from the Federal Home Loan Bank Board, capped direct thrift investments—such as equity stakes in real estate or non-investment-grade securities—at 10% of total assets to limit exposure to volatile markets.[23] By 1987, examiners identified Lincoln as over this limit by more than $600 million, with unreported losses totaling $135 million hidden via improper capitalization of interest and optimistic appraisals of distressed properties.[25] [18] Keating circumvented scrutiny by routing funds through ACC subsidiaries, where Lincoln purchased its own parent's junk bonds and financed affiliated ventures, creating a circular flow that inflated balance sheets without genuine economic value and evaded consolidated oversight.[26] This structure allowed two-thirds of Lincoln's federally insured deposits to back junk bonds and speculative projects, diverting depositor funds from traditional lending while regulators struggled with fragmented authority between state and federal entities.[26] Such practices not only amplified systemic risks during the broader savings and loan crisis but also relied on rapid influxes of brokered deposits—short-term funds from out-of-state sources—to fuel expansion, a high-cost funding mechanism prone to runs when confidence eroded.[27] Keating's evasion extended to resisting examiner demands for corrective actions, such as monthly junk bond reports, by leveraging internal influence and delaying compliance until federal seizure in 1989, which exposed the $2.6 billion taxpayer cost of resolution.[28] [23] These maneuvers exemplified causal links between unchecked speculation and institutional failure, where short-term gains from deregulation outweighed long-term stability absent rigorous enforcement.Profiles of the Involved Senators
Political Backgrounds and Motivations
Alan Cranston, a Democrat from California, entered the U.S. Senate in 1969 after serving as state controller from 1963 to 1967 and building a reputation as an anti-war advocate during his 1968 campaign.[29] A co-founder of the California Democratic Council, Cranston focused on arms control and liberal causes throughout his career, which spanned until his 1992 retirement amid health issues and the scandal's fallout.[30] His involvement with Charles Keating stemmed from substantial fundraising ties, including $39,000 in direct contributions for his 1986 re-election and Keating's $850,000 donation to a voter registration drive Cranston solicited, which coincided with Keating's regulatory appeals.[31] Cranston defended his actions as legitimate constituent assistance, though the scale of financial support raised questions about reciprocal influence.[32] Dennis DeConcini, a Democrat from Arizona elected to the Senate in 1976 after terms as state attorney general and county attorney, represented a politically competitive state as a moderate-to-liberal figure often seeking bipartisan alliances.[33] Lincoln Savings' Phoenix headquarters positioned Keating as a key local constituent, prompting DeConcini to intervene with regulators on his behalf, which he framed as standard service for an Arizona-based business facing federal scrutiny.[34] Campaign contributions from Keating and associates bolstered DeConcini's defenses, though he maintained no explicit quid pro quo, emphasizing his prosecutorial background and commitment to economic interests in a Republican-leaning state where donor ties like Keating's provided political leverage.[35] John Glenn, a Democrat from Ohio and former astronaut who first won Senate election in 1974 after a failed 1970 bid, leveraged his national hero status from NASA's Mercury program into a focus on science, technology, and foreign affairs, including a 1984 presidential run.[36] Glenn received $34,000 from Keating to offset 1984 campaign debts and over $200,000 channeled through a political action committee, viewing Keating as a past constituent donor whose regulatory woes warranted review as part of broader oversight duties.[37] He consistently portrayed his limited role—primarily reviewing documents and advising on process—as ethical constituent advocacy rather than favoritism, consistent with his image as a principled public servant.[38] John McCain, the sole Republican among the group and a freshman Arizona senator since 1987, drew on his Navy pilot and Vietnam POW experience for a maverick reformist persona, with Keating ties rooted in shared military backgrounds and Arizona connections, including flights on Keating's jet and family vacations at his properties.[39] McCain accepted $112,000 in contributions but distanced himself from direct pressure tactics, attributing involvement to personal friendship and local economic stakes, later citing the episode as a lesson in campaign finance reform that shaped his advocacy for limits on political donations.[40][41] Donald Riegle, a Michigan Democrat who switched from Republican affiliation after House service starting in 1967 before Senate election in 1976, emphasized banking and economic policy amid the S&L crisis, having received over $77,000 from Keating-linked sources between January and April 1987.[42] Riegle positioned his interventions as reviewing regulatory fairness for a donor without explicit trades, aligning with his business-oriented background and efforts to balance industry interests in a manufacturing state, though he retired in 1994 partly due to scandal scrutiny and reelection challenges.[43][44]Direct Ties to Charles Keating and Contributions
Alan Cranston maintained direct financial ties to Charles Keating through extensive fundraising solicitations, receiving approximately $800,000 from Keating and his associates between 1986 and 1989, primarily funneled to voter registration groups that Cranston had established, such as the National Voter Registration Project.[32][45] Cranston personally requested these contributions from Keating on multiple occasions, including during 1987 when Keating sought senatorial assistance for Lincoln Savings and Loan Association, linking the donations temporally to Keating's regulatory pressures.[46] Dennis DeConcini developed an early personal connection with Keating after meeting him at a 1981 social event in Arizona, where DeConcini endorsed Keating's unsuccessful bid for nomination as U.S. Ambassador to the Bahamas.[47] Financially, Keating and associates provided DeConcini with around $30,000 in contributions toward his 1988 Senate re-election campaign, part of broader efforts by Keating to cultivate influence in Arizona politics given Lincoln Savings' operations there.[48] DeConcini also facilitated indirect support, such as passing along checks from Keating's team to other senators' campaigns.[49] John Glenn's ties included Keating's assistance in retiring Glenn's 1984 presidential campaign debt, with $34,000 in direct contributions arranged by Keating in January 1984, alongside over $200,000 donated to a political action committee supporting Glenn's interests.[50] These totaled approximately $234,000 from Keating sources, reflecting Keating's strategy to back Democratic senators with national profiles amid Lincoln's expansion.[48] John McCain received $112,600 in campaign contributions from Keating and his associates for McCain's House and Senate races between 1982 and 1986, marking some of the earliest such donations among the group.[51][52] McCain's wife, Cindy, also had business dealings with Keating through her role at a beverage distribution firm that secured a loan from American Continental Corporation, Keating's parent company, though McCain maintained these were separate from his political activities.[53] Donald Riegle's connection stemmed from Keating's $37 million investment in a Detroit hotel project prior to their first meeting in February 1987, after which Keating contributed over $76,000 to Riegle's 1988 re-election campaign within months, including $77,000 collected between January and April 1987 alone.[54][48][42] These funds aligned with Keating's push for regulatory relief as Lincoln faced scrutiny, though Riegle later returned some contributions amid the scandal.[55] Across the group, the aggregate contributions exceeded $1.3 million, often structured as soft money to party committees or PACs to evade direct limits, underscoring Keating's systematic approach to building senatorial goodwill before seeking interventions in 1987.[51][23]The Regulatory Interventions
Initial Contacts and Pressure on Federal Regulators
On March 6, 1987, Senator Donald Riegle met with Federal Home Loan Bank Board (FHLBB) Chairman Edwin J. Gray during Gray's visit to Capitol Hill to discuss proposed regulations on thrift direct investments. Riegle raised concerns about the FHLBB's treatment of Lincoln Savings and Loan Association, stating that "some senators out west are very concerned about the way the bank board is regulating Lincoln Savings" and suggesting that Gray meet with those senators to address their issues.[23][56] This conversation, initiated at the behest of Charles Keating's representatives, effectively mobilized the group of senators to intervene on Lincoln's behalf against ongoing regulatory scrutiny of its high-risk investments exceeding FHLBB limits.[57] Riegle's outreach prompted a follow-up meeting on April 2, 1987, in Senator Dennis DeConcini's Capitol Hill office, attended by Senators DeConcini, Alan Cranston, John Glenn, and John McCain, along with Gray and FHLBB staff. The senators pressed Gray to forgo enforcement of a March 1987 regulation requiring Lincoln to divest approximately $400 million in non-performing junk bonds and raw land holdings, which violated direct investment caps intended to protect depositors. Instead, they advocated a negotiated settlement where Lincoln would pledge to originate more conventional home mortgages in exchange for regulatory forbearance, arguing that the thrift's operations supported jobs and economic growth in Arizona and California. Gray rebuffed the proposal, insisting that the divestiture order was non-negotiable to mitigate Lincoln's mounting losses, estimated at over $200 million from speculative ventures by that point.[58][59] These early interventions built on prior informal contacts, including a March 1987 call from Senator McCain's staff to Gray seeking leniency for Lincoln amid its examination by the FHLBB's San Francisco office, which had flagged severe capital deficiencies. Senator Cranston also engaged regulators through staff communications in early 1987 to challenge the ongoing audit of Lincoln's management practices, which Keating claimed was unduly protracted and punitive.[59][32] Regulators later testified that such senatorial pressure created an appearance of improper influence, potentially delaying corrective actions that could have limited taxpayer exposure to Lincoln's eventual $3.4 billion bailout cost.[58][56]Specific Meetings and Communications in 1987
On April 2, 1987, Senators Dennis DeConcini (D-AZ), John Glenn (D-OH), John McCain (R-AZ), and Donald Riegle (D-MI) met for approximately one hour with Federal Home Loan Bank Board (FHLBB) Chairman Edwin Gray in DeConcini's Capitol Hill office to discuss the ongoing regulatory examination of Lincoln Savings and Loan Association, owned by Charles Keating.[60][61] The senators urged Gray to delay or alter the examination, citing concerns over its duration and perceived harshness toward Lincoln, while Gray later testified that DeConcini proposed a potential deal involving regulatory forbearance in exchange for Keating's cooperation on broader industry issues.[62][63] Gray declined to commit and instead suggested a follow-up with field regulators, describing the encounter as part of a broader effort by the senators to influence the process.[64] One week later, on April 9, 1987, all five senators—Cranston, DeConcini, Glenn, McCain, and Riegle—convened for a two-hour session in DeConcini's office with four San Francisco-based FHLBB regulators responsible for Lincoln's examination: William Black, Michael Patriarca, Lawrence Cirona, and Richard Sanchez.[65][59] The discussion focused on the thrift's high-risk investments and the examiners' findings, with the senators pressing for leniency, questioning the regulators' competence, and expressing frustration over leaked information and delays; DeConcini reportedly warned the regulators of potential congressional oversight if the examination proceeded aggressively.[63][66] The regulators, including Patriarca, later characterized the meeting as an intimidating "full-court press" that prioritized political influence over supervisory independence, though the senators maintained they were advocating for a constituent facing regulatory overreach.[63][59] Additional communications in 1987 included Senator Alan Cranston's separate contacts with FHLBB staff and California regulators post-April meetings, seeking further intervention on Keating's behalf, as well as internal memos from Keating's team coordinating with Senate aides ahead of the sessions.[64] These efforts did not alter the regulators' course, as the examination proceeded, leading to recommendations for supervisory action against Lincoln later that year.[65]Senate Ethics Committee Investigation
Launch and Investigative Process
The Senate Select Committee on Ethics initiated a preliminary inquiry into the conduct of Senators Alan Cranston, Dennis DeConcini, John Glenn, John McCain, and Donald Riegle in November 1989, prompted by a complaint filed by the public interest group Common Cause on October 13, 1989.[67][68][69] Common Cause alleged that the senators had improperly pressured federal regulators to delay or alter enforcement actions against Charles Keating Jr.'s Lincoln Savings and Loan Association, potentially in exchange for over $1 million in campaign contributions and related benefits from Keating's political action committee and associates.[67] The complaint cited specific 1987 meetings between the senators and officials from the Federal Home Loan Bank Board (FHLBB), urging the Justice Department and Senate Ethics Committee to investigate possible violations of Senate rules on improper influence and federal election laws.[68] The preliminary inquiry phase, which extended into mid-1990, involved the bipartisan six-member committee—chaired by Democrat Howell Heflin and including three Democrats and three Republicans—reviewing documents, conducting private interviews, and assessing whether sufficient grounds existed for formal proceedings under Senate Rule XLIII, which prohibits senators from using their influence to benefit private interests.[2][70] By September 1990, the committee had rejected motions to dismiss charges against two senators and voted to advance to public hearings, citing evidence of repeated contacts with regulators amid Lincoln's regulatory violations exceeding $615 million in direct investments limits.[71][72] Public hearings commenced on November 15, 1990, and concluded on January 16, 1991, marking an unprecedented open examination of senatorial intervention in administrative matters.[2][73] The process included testimony from over 50 witnesses, such as FHLBB Chairman Edwin Gray and thrift examiners, depositions, and review of more than 200,000 pages of records detailing the senators' communications, travel funded by Keating, and contribution patterns.[1][74] Special counsel Robert Packwood (later replaced amid controversy) and committee staff coordinated the evidentiary review, focusing on whether the senators' actions constituted "improper conduct" rather than outright bribery, as no criminal charges were pursued by the Justice Department.[64] The hearings featured direct questioning of the senators, who defended their involvement as legitimate constituent service for Arizona-based Lincoln, while critics highlighted patterns of coordinated pressure on regulators.[75] Deliberations continued post-hearings, culminating in a report issued February 27, 1991.[1]Evidence Reviewed and Committee Deliberations
The Senate Select Committee on Ethics reviewed extensive evidence during its 14-month investigation into the five senators' interventions with federal regulators on behalf of Charles Keating Jr. and Lincoln Savings and Loan Association, including over 850 exhibits such as letters from the senators to regulators, internal memos linking fundraising efforts to official actions, and records of meetings like the April 9, 1987, session involving all five senators and Federal Home Loan Bank Board officials.[76][64] Depositions from 27 witnesses, including regulators Edwin J. Gray and M. Danny Wall, produced detailed accounts of pressure applied to delay or reconsider examinations of Lincoln, while campaign finance records documented approximately $1.3 million raised by Keating for the senators' campaigns and causes between 1982 and 1987.[76][64] Public hearings spanning 26 days from November 15, 1990, to January 16, 1991, generated over 5,000 pages of transcripts, featuring testimonies from the senators themselves, their aides, Keating's lobbyist James J. Grogan, and other intermediaries who detailed solicitations for contributions tied to regulatory relief requests.[76] For instance, evidence against Alan Cranston included memos from his aide Joy Jacobson correlating specific fundraising successes—such as $100,000 raised in March 1987 and $250,000 in November 1987—with subsequent letters urging regulators to resolve Lincoln's issues favorably.[76] Dennis DeConcini and Donald Riegle faced scrutiny over post-April 1987 contacts, including DeConcini's testimony on proposing alternative analyses to the regulators' "Keating Five report" critiquing Lincoln's investments, while John Glenn's involvement centered on a 1988 lunch arrangement between Keating and House Speaker Jim Wright, and John McCain's on reimbursed family trips funded by Keating totaling $13,400.[76][77] The committee's deliberations occurred in at least seven closed sessions and culminated in 33 hours of secret meetings from January 30 to February 27, 1991, where members debated the severity of involvement along a spectrum from no action to potential censure, ultimately compromising on language emphasizing "poor judgment" and "appearance of impropriety" rather than formal rule violations for four senators.[76] Special counsel Robert S. Bennett's September 1990 report, which identified a "suspicious pattern" of sustained efforts by three senators to influence regulators, informed these discussions but was weighed against the senators' defenses that their actions constituted routine constituent service.[78][76] On February 27, 1991, the committee issued a unanimous report finding substantial evidence of improper conduct by Cranston but only judgment lapses for the others, leading to no floor action against DeConcini, Glenn, McCain, or Riegle, while Cranston received a committee-issued reprimand on November 20, 1991, after further partisan negotiations.[76][77]Investigation Findings
Alan Cranston: Reprimand for Improper Conduct
The Senate Select Committee on Ethics concluded that Alan Cranston violated Senate ethics rules through an impermissible pattern of conduct that intermingled fund-raising activities with official Senate interventions to assist Charles H. Keating Jr. and his Lincoln Savings and Loan Association.[79] This determination followed a 14-month investigation and was reached unanimously by the committee, distinguishing Cranston as the only member of the Keating Five found to have broken rules, while the others were cited for poor judgment but no violations.[77] [79] Cranston solicited approximately $994,000 in contributions from Keating, including $39,000 for his reelection campaign and $850,000 directed to voter registration groups allied with his political interests.[79] The committee identified at least four instances where these solicitations were directly linked to his efforts to influence federal regulators, such as a $100,000 contribution sought amid 1987 meetings with Federal Home Loan Bank Board officials and a $500,000 donation following a January 1988 intervention.[79] Over a dozen contacts were documented between Cranston—or his staff—and Federal Home Loan Bank Board Chairman M. Danny Wall, aimed at easing regulatory scrutiny of Lincoln Savings.[80] Additionally, Cranston's Senate office practices facilitated this pattern, as his fund-raiser, Joy Jacobson, accessed official correspondence and drafted memos implying that contributors like Keating anticipated preferential treatment, without correction from Cranston.[79] On February 27, 1991, the committee publicly announced substantial credible evidence of these ethics breaches and referred the case to the full Senate for further action.[77] The investigation found no evidence that Cranston broke laws, acted corruptly, or personally benefited financially from Keating's contributions.[80] On November 20, 1991, the committee issued a strong reprimand, characterizing his behavior as "improper and repugnant" due to the repeated fusion of private fund-raising with public duties.[80] Cranston accepted the reprimand the following day, expressing regret for the distress caused to his family, friends, and constituents, but maintained that his actions violated no established norms and called for broader reforms to address money's influence in politics.[81] [80] The panel declined to recommend censure, citing his failing health and impending retirement from the Senate, though it rebuked his comparative defense as unrepentant.[80]Dennis DeConcini and Donald Riegle: Criticisms of Exerting Undue Influence
The Senate Select Committee on Ethics, in its 1991 report on the Keating Five scandal, criticized Senators Dennis DeConcini (D-AZ) and Donald Riegle (D-MI) for conduct that exerted undue influence on federal regulators examining Lincoln Savings and Loan Association, owned by Charles Keating Jr. The committee concluded that DeConcini's actions "gave the appearance of being improper and was certainly attended with insensitivity and poor judgment," while Riegle's "gave the appearance of being improper and was certainly attended with insensitivity and poor judgment."[82][83] Unlike Sen. Alan Cranston, who faced a formal reprimand, the committee determined that DeConcini and Riegle's involvement did not warrant institutional action, as it did not violate specific Senate rules or federal laws, though it undermined public confidence in regulatory independence.[79] DeConcini played a prominent role in a contentious April 9, 1987, meeting at his office with three Federal Home Loan Bank Board (FHLBB) officials, including Chairman Edwin Gray and San Francisco Bank President Lawrence Patriarca, alongside Senators John Glenn, John McCain, and Alan Cranston. During the two-hour session, DeConcini urged regulators to withdraw FHLBB Regulation 406, which restricted Lincoln's high-risk direct investments in commercial real estate and other non-traditional assets, and suggested alternative compliance measures that would allow Lincoln to continue operations without immediate enforcement.[84][85] Patriarca later testified that DeConcini's approach resembled negotiation for special treatment, crossing ethical boundaries and pressuring regulators to overlook evidence of Lincoln's unsafe practices, which he described as a "full-court press" orchestrated by the senators on Keating's behalf.[63] Gray similarly characterized the senators' interventions as improper attempts to interfere with the FHLBB's supervisory duties.[86] Riegle, though absent from the April 9 meeting, engaged in separate efforts to assist Lincoln through letters, phone calls, and staff communications with FHLBB personnel between 1985 and 1987, advocating for leniency and challenging the regulators' scrutiny of Keating's thrift amid concerns over its $2 billion in junk bonds and speculative ventures.[2] The Ethics Committee found these actions, combined with Keating's $76,100 in campaign contributions to Riegle, contributed to perceptions of undue influence, as they appeared to prioritize a major donor's interests over impartial oversight.[60] Both senators maintained that their interventions constituted routine constituent services for a significant employer in their states—Arizona for DeConcini and Michigan indirectly through economic ties—rather than improper pressure, but the committee rejected this defense, emphasizing that the persistence and intensity of contacts eroded the regulators' ability to act independently.[2] The criticisms highlighted how DeConcini and Riegle's involvement delayed regulatory action on Lincoln, which ultimately collapsed in 1989 at a cost of over $3 billion to taxpayers, though the committee stopped short of linking their specific conduct to the failure's financial extent.[87] No further disciplinary measures were imposed, allowing both to continue their Senate terms without censure, though the findings drew public scrutiny for appearing lenient compared to the scandal's gravity.[88]John Glenn: Concerns Over Judgment and Involvement
Senator John Glenn (D-OH) received approximately $200,000 in contributions from Charles Keating and his associates, primarily channeled through political action committees and for debt retirement from his 1984 presidential campaign.[60] Glenn's involvement included attending the pivotal April 2, 1987, meeting organized by Senator Dennis DeConcini with Federal Home Loan Bank Board (FHLBB) Chairman Edwin Gray and other regulators, where the senators collectively urged reconsideration of enforcement actions against Lincoln Savings and Loan Association.[59] During this session, Glenn expressed concerns about the regulators' handling of the case, suggesting alternative examinations and questioning the fairness of the process toward Keating's institution, though he later characterized his actions as routine constituent assistance.[50] The Senate Select Committee on Ethics, in its 1991 report following a 14-month investigation, determined that Glenn did not violate Senate rules or exert improper pressure on regulators.[89] However, the committee highlighted concerns over Glenn's judgment, noting that despite his belief that Lincoln's issues were progressing toward resolution, his participation in the meetings without deeper scrutiny of the underlying regulatory disputes demonstrated poor decision-making and risked creating an appearance of favoritism linked to prior contributions.[82] Critics, including some committee members, argued this involvement undermined public confidence in senatorial impartiality, particularly as Glenn had refused certain earlier requests from Keating, such as supporting specific nominations, yet still engaged when solicited by fellow senators.[50] Glenn defended his actions as standard advocacy for an Ohio constituent with significant employment ties in his state, emphasizing no quid pro quo and his eventual cessation of contact after the meetings.[89] The committee's findings cleared him of wrongdoing akin to that of other Keating Five members, but the episode raised broader questions about the prudence of senators intervening in specialized regulatory matters, especially amid campaign financing from the parties involved, contributing to perceptions of undue influence despite the absence of formal ethical breaches.[82]John McCain: Clearance of Wrongdoing with Note on Poor Judgment
The Senate Select Committee on Ethics concluded in its February 27, 1991, report that Senator John McCain did not violate any Senate rules, laws, or standards of conduct in his interactions with federal regulators concerning Charles H. Keating Jr. and Lincoln Savings and Loan Association.[82] The committee found no evidence of improper conduct or motives, distinguishing McCain's case from more severe criticisms leveled at other senators.[89] However, it determined that McCain exercised poor judgment by participating in efforts to influence regulators on behalf of a major campaign contributor and Arizona constituent.[77] McCain attended two key meetings with Federal Home Loan Bank Board officials: one on April 2, 1987, and the more contentious session on April 9, 1987, in Senator Dennis DeConcini's office.[90] At the April 9 meeting, regulators explicitly warned the senators of impending seizure action against Lincoln Savings due to its risky investments and regulatory noncompliance, prompting McCain to end all further involvement and advocacy for Keating thereafter.[51] Unlike the other senators, McCain made no subsequent phone calls, letters, or additional interventions, which the committee cited as mitigating his role.[41] The committee's precise language underscored this assessment: "The committee concludes that Sen. McCain exercised poor judgment in intervening with the regulators. The committee concludes that Sen. McCain's actions were not improper nor attended by improper motives."[89] Campaign contributions from Keating and associates to McCain's reelection campaigns and political action committee totaled $112,000 from 1982 to 1987, all within federal election limits and properly disclosed, with no linkage to quid pro quo arrangements.[82] McCain's connections to Keating included his wife Cindy McCain's employment at a bank acquired by Keating's American Continental Corporation and subsequent family investments in related ventures, which were publicly disclosed prior to the regulators' meetings.[90] The ethics panel viewed these ties as contextual but insufficient to warrant findings of ethical breach, emphasizing instead the broader appearance risks of senatorial intervention in ongoing regulatory examinations.[89] No formal reprimand or censure was recommended or imposed on McCain, marking the mildest outcome among the five senators investigated.[77]Immediate Aftermath
Public and Media Reactions
The Senate Ethics Committee's February 27, 1991, report recommending a reprimand for Senator Alan Cranston while citing only "poor judgment" or lesser concerns for Senators Dennis DeConcini, John Glenn, John McCain, and Donald Riegle elicited immediate media criticism portraying the outcome as unduly lenient and emblematic of institutional self-protection.[91] Editorials in outlets such as The New York Times labeled the panel the "Keating Eleven," faulting its members for shielding most involved senators from serious consequences despite evidence of improper interventions on behalf of a major donor amid the Lincoln Savings and Loan's impending $3.4 billion failure.[92] The Christian Science Monitor described the progressive dilution from "Keating Five" to effectively one reprimand, underscoring public perceptions of inadequate accountability in a scandal tied to over $1.3 million in contributions from Charles Keating Jr. to the senators' campaigns and causes.[93] Public sentiment reflected broader anger over the savings and loan crisis's taxpayer burden, exceeding $125 billion nationwide, with the Keating case amplifying distrust in elected officials' ties to financial interests.[94] Political opponents capitalized on the findings, as seen in Republican efforts to target Democrats like Glenn and Riegle with campaign attacks questioning their prioritization of donors over constituents, including buttons proclaiming "Say Goodbye, Don" for Riegle.[94] McCain acknowledged the enduring reputational harm, stating his "political obituary will always have something about the Keating Five," while returning $112,000 in Keating-linked funds to mitigate fallout.[94] The committee's November 20, 1991, final report, which imposed public humiliation on Cranston but cleared the others of further sanctions, drew similar rebukes from media observers for brokering a diluted resolution that spared DeConcini, Glenn, McCain, and Riegle despite documented meetings pressuring regulators.[95] The Washington Post editorial conceded fairness in McCain's and Glenn's lighter treatment due to lesser involvement but criticized the panel for failing to censure DeConcini and Riegle, whose actions warranted stronger rebuke to uphold ethical standards.[95] This perception of a "whitewash" contributed to heightened calls for campaign finance overhaul, though the scandal's intensity waned amid competing reform debates.[96]Leaks and Procedural Controversies During the Probe
In late September 1990, a confidential report from the Senate Ethics Committee's special counsel, Robert Bennett, leaked to the press; it recommended ongoing investigation into Senators Alan Cranston, Dennis DeConcini, and Donald Riegle for their involvement with Charles Keating, while advising clearance for Senators John Glenn and John McCain.[71] These disclosures, occurring amid the midterm election campaign, detailed extensive contacts by the Democratic senators with regulators on Keating's behalf, prompting accusations of politically motivated timing to undermine their re-elections.[97] On October 25, 1990, the committee, chaired by Democrat Howell Heflin, requested a General Accounting Office (GAO) probe into the unauthorized release of sensitive documents, following Republican complaints about procedural breaches; Democrats countered by emphasizing the leaks' potential partisan origins.[98] The GAO later examined the October 1990 disclosures but could not identify leakers, amid broader Senate concerns over ethics probe confidentiality.[99] Partisan finger-pointing intensified, with some Democrats alleging Republican allies on the committee selectively leaked information to favor McCain, the sole Republican, by highlighting differences in culpability.[100] Procedurally, the investigation faced criticism for its protracted timeline, spanning from November 1989 to November 1991, and for lacking a codified Senate rule on permissible constituent advocacy with federal regulators, which obscured standards for "improper influence."[101] The committee's November 15, 1990, launch of public hearings represented a break from precedent, as ethics inquiries had traditionally been confidential; this shift, while aimed at transparency, drew objections for risking witness candor and exposing preliminary findings to media distortion.[64] With four Democrats and two Republicans comprising the panel, procedural debates also highlighted potential imbalances in deliberating against a majority-Democratic group of senators.[2]Long-Term Consequences and Legacy
Prosecution of Charles Keating and Lincoln's Collapse Costs
Charles H. Keating Jr., chairman of American Continental Corporation (ACC) and Lincoln Savings and Loan Association, faced state and federal criminal charges after regulators seized Lincoln on February 2, 1989, amid allegations of fraud and mismanagement that had inflated the thrift's portfolio with high-risk junk bonds and real estate investments. In a California state trial concluding December 7, 1990, Keating was convicted on 17 counts of securities fraud for misleading investors about the risks of ACC's unsecured bonds sold through Lincoln's retail network, resulting in losses for thousands of elderly depositors who believed the investments were insured. On April 10, 1992, Superior Court Judge Lance Ito sentenced him to the maximum 10 years in prison and fined him $250,000, a term he began serving immediately.[102][103] Federally, Keating and his son Charles H. Keating III were indicted in 1989 by a Phoenix grand jury on 42 counts of racketeering, securities fraud, wire fraud, and conspiracy related to diverting Lincoln funds for personal and ACC use, including luxury developments and political contributions. After a mistrial in 1990 due to a hung jury, a second federal trial in January 1993 resulted in convictions on 73 counts, leading to a 12.5-year sentence imposed July 6, 1993, to run concurrently with the state term. However, the federal conviction was overturned on appeal in 1996 by the Ninth Circuit Court due to prosecutorial errors and jury instruction issues, and subsequent proceedings ended without additional incarceration as Keating had already served over four years. He was released from federal prison in December 1996 after cooperating in related cases, having ultimately served 4.5 years total across jurisdictions.[104][105] The failure of Lincoln, then the largest thrift collapse in U.S. history with $5.7 billion in assets and liabilities exceeding $3 billion from uninsured bond sales, imposed significant costs on taxpayers through the Resolution Trust Corporation (RTC), established under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to handle S&L resolutions. Initial estimates in 1989 pegged the bailout at up to $2 billion, but by 1991, costs rose to $2.6 billion after asset liquidation and branch sales. Final RTC figures in 1993 adjusted the total taxpayer liability to $3.4 billion, accounting for ongoing litigation recoveries and operational wind-downs, making Lincoln the costliest single S&L failure amid the broader crisis that burdened the public with $124-132 billion overall. Recoveries from asset sales and Keating-related lawsuits offset only a fraction, with net losses driven by fraudulent bond issuances totaling over $250 million in principal that regulators deemed unrecoverable.[106][107][23]Effects on Senators' Careers and Electoral Outcomes
The Keating Five scandal significantly influenced the political trajectories of the involved senators, with four opting not to seek re-election in the immediate aftermath, while one overcame the controversy to continue a prominent career. Alan Cranston, reprimanded by the Senate Ethics Committee for improper conduct, announced in November 1990 that he would not pursue a fifth term in 1992, citing a prostate cancer diagnosis amid intense scrutiny over his acceptance of nearly $1 million in contributions linked to Keating.[108] His seat was won by Democrat Barbara Boxer in the 1992 election.[109] Dennis DeConcini, criticized for exerting undue influence, saw his re-election prospects diminished by the scandal; he announced his retirement in September 1993, declining to run in 1994 after serving since 1977.[110] Similarly, Donald Riegle, facing ethics rebukes for his involvement, became the third Keating-linked senator to retire when he declared in September 1993 that he would not seek a fourth term in 1994, despite having $1 million in campaign funds, due to the scandal's toll and anticipated tough race.[111][112] John Glenn, faulted for poor judgment but not cleared of all concerns, maintained his Senate tenure until voluntary retirement in 1998 after four terms, with the scandal failing to derail his legacy as a decorated astronaut and committee leader.[113] In contrast, John McCain, the sole Republican and the only one fully cleared of wrongdoing by the Ethics Committee (though noted for poor judgment), weathered voter backlash to secure re-election in 1992 with over 56% of the vote against Democrat Bob Stump, despite the scandal's recency and concurrent personal challenges.[114][115] McCain's relative minimal involvement—fewer meetings with regulators and no direct financial ties beyond standard contributions—along with his cooperation in the probe, mitigated long-term damage, enabling subsequent presidential bids in 2000 and 2008.[51]| Senator | Party/State | Electoral Outcome Post-Scandal | Year |
|---|---|---|---|
| Alan Cranston | D-CA | Did not seek re-election; seat lost to opponent | 1992[108] |
| Dennis DeConcini | D-AZ | Retired, did not run | 1994[110] |
| John Glenn | D-OH | Served until voluntary retirement | 1998[113] |
| John McCain | R-AZ | Re-elected (56%+ vote share) | 1992[115] |
| Donald Riegle | D-MI | Retired, did not run | 1994[111] |