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U.S.

Attorney Expected to Indict Joel Gilbert Tomorrow for Routine


Work within the Practice of Law; Gilberts Counsel will prove his
Innocence at Trial

BIRMINGHAM, AL (September 27, 2017) In response to media reports and indications from
the United States Attorneys Office for the Northern District of Alabama that charges are
expected tomorrow against Mr. Joel Gilbert in connection with routine legal services he
provided his client the Drummond Company, Jack Sharman, a partner at Lightfoot, Franklin &
White LLC and attorney for Mr. Gilbert, provided the following statement:

Joel Gilbert is innocent of these charges. He did not bribe anyone. This is a case that never
should have been brought. Joel represented a client in a legal dispute with the EPA, a powerful
and, in this case, over-reaching federal agency. Everything he did while representing that client
was lawful and ethical. He is a longtime partner at a leading law firm. A lawyer with a
reputation for honesty and integrity, he did what is routine for good counselors to do for
corporate and individual clients every day he engaged a consultant through a written contract
to perform real and lawful services.

The Government has the burden of proof at trial, not Joel, but the evidence including emails,
text messages, contracts, billing records, environmental testing and witness testimony will
prove that Joel is innocent, added Sharman, the leader of Lightfoots white-collar defense and
corporate investigations practice.

We will tell the whole story at trial. Because of the recent adverse publicity about these
events, however, a few basic facts should be noted.

The consulting contract at issue is both lawful and common. Balch & Bingham, Joels law firm,
entered into a contract with the Oliver Robinson Foundation, on behalf of the firms client,
Drummond Company, to help with a grassroots effort to understand what EPA was doing in
North Birmingham and Tarrant and, where appropriate, to address factual inaccuracies and
faulty science. Such contracts and efforts are legal under both federal and state law, including
the Alabama Ethics Code. The Alabama Ethics Code is complex, but it explicitly permits public
officials, including state legislators and their affiliates, to do consulting work for a fee the type
of arrangement that the Government is now trying to say is criminal.

The records will show that the payments under the contract to the Foundation were for
community outreach work performed by the Foundation, not to bribe Mr. Robinson.

If Oliver Robinson did something he was not supposed to with the fees paid to the Foundation
for the Foundations work, Joel did not know about it or approve of it.
Further, when Oliver Robinson attended a meeting of the Alabama Environmental
Management Commission, he did two things. He asked questions and he suggested that, if
Drummond was liable for pollution, the company should be held accountable hardly the
actions of a legislator who was improperly influenced. The written transcript of the Commission
meeting is clear about these statements.

Joel has more than 15 years of legal experience and is widely respected. The facts will show
that he is innocent and that he acted in good faith, Sharman concluded. He is going to trial. At
trial, we will present all of the evidence, not just the fragments of information and innuendo
provided we expect will be found in the indictment.

Patrick Dorton

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