Government investigating allegations against Nottingham

KUSA - 9Wants to Know has learned that the Department of Justice is now investigating allegations brought forth by a woman who claims Chief Federal Judge Edward Nottingham asked her to lie.

Nottingham is expected to resign Friday after learning of the new allegations which were filed Oct. 10 at the 10th Circuit Court of Appeals by a former prostitute.

With the Department of Justice's involvement, the case will now be assigned to the Federal Bureau of Investigations.

The woman who filed the claim spoke exclusively with 9Wants to Know Reporter Deborah Sherman and claims Judge Nottingham asked her to lie to investigators and hide that he paid her for sex.

"I met him when I was working for an escort service and he was a regular customer of mine," she said.

The woman claims she had sex with Judge Nottingham for $250 to $300 an hour once a week from February 2003 through November 2004 at the former escort agency Bada Bing of Denver.

"People should know the truth, that's why I'm doing this," the woman said in an interview after 9NEWS agreed not to reveal her identity.

The woman showed 9NEWS a confirmation letter she received on Wednesday from the 10th Circuit. The letter stated a copy of her complaint was also sent to Judge Nottingham and the Chief Judge of the 10th Circuit, Robert Henry.

9Wants to Know has learned that the FBI is in the process of trying to contact her.

This latest investigation, the fourth investigation into Judge Nottingham in the past year and a half, involves a former prostitute with the now dissolved escort service Bada Bing of Denver. She claims the chief judge took her to his house in March where he asked her to make up a story to tell investigators about the nature of their relationship - he paid her for sex.

When she arrived, he asked her to strip naked along with him to make sure that neither one of them was wearing a wire.

"I was just shocked and humiliated and mortified that I was even asked to do that," she told 9NEWS. "Basically, I said, 'Well then I'm lying.' I was, like, 'I'm not really comfortable with that.'"

While they were both wearing towels and sitting on a couch, the former prostitute says Judge Nottingham asked her to help fabricate a story to tell investigators. He wanted her to say they met a restaurant in Denver and went out a few times and that they were only good friends.

"We just decided to agree that we met at a bar. I don't remember which one. We decided to say that we just, over the years, had become friends and on occasion would go out on dates," the woman told 9Wants to Know. "The truth is that I met him when I was an escort for an escort service and he did visit me regularly and he did pay to be with me."

"It just seems ridiculous that someone in his position would ask someone to lie," the former prostitute said. "He's there to uphold the law and he's breaking it."

Judge Nottingham has not responded to repeated attempts at a comment from 9NEWS. His attorney did not comment either, but did confirm that Judge Nottingham did not resign on Thursday.

Sen. Ken Salazar (D-Colorado), who has previously commented about Judge Nottingham, released a statement on Friday.

"On the bench, Chief Judge Edward Nottingham has been one of the most skillful jurists I have known. I am saddened by the allegations. I do believe that the United States District Court needs a fresh start and, therefore, his resignation would be in the best interest of the court," said Salazar.

"I think it's a shame. You can't have the chief federal judge for this state acting like that. I think it's shameful. I think it's sad. I think it's a disgrace," said 9NEWS legal analyst Scott Robinson. "Enlisting someone to lie to investigators to protect yourself on the federal bench, that's not just sexual hanky panky, it's criminal."

According to 10th Circuit Deputy Executive Victoria Parks, if Judge Nottingham resigns or retires, he is no longer a judge, "therefore the complaint (against him) would most likely be dismissed."

"Judge Nottingham could still face charges for recruiting another prostitute to give a false story to investigators, that could be seen as obstructing justice, that could result in a criminal case," said Robinson.

Another former escort with Bada Bing, who also wants to remain anonymous, told 9Wants to Know that Judge Nottingham never tried to hide his real identity while doing business with the service.

"He used to say, 'Ed, my name is Ed and I'm a federal judge,'" said the woman.

She also claims she met Judge Nottingham in person at two different VIP parties. She remembered him well.

"He came into the VIP party dressed in a gorgeous three piece, very expensive suit, introduced himself as Ed and stated he was a federal judge," she said.

Both women say the going rate at Bada Bing was $300 per hour for sex, but after 25 visits, men received a discounted rate of $250 per hour. The woman with the relationship with Judge Nottingham says he had reached that discounted rate.

In open court on Thursday, it was announced that Judge Wiley Daniel will be taking over Judge Nottingham's current criminal case that had already gone through jury selection. It was also announced on Wednesday that Judge Nottingham would be out sick for the rest of the week.

Judge Nottingham ascended to chief judge in 2007 and has presided over high profile cases such as the insider trading trial of former Qwest CEO Joe Nacchio. That case is being reviewed because Judge Nottingham did not allow an expert witness for the defense to testify.

This is the fourth known investigation in the last two years by the 10th Circuit into allegations of misconduct while Judge Nottingham has been on the bench.

9Wants to Know most recently reported the court was investigating Judge Nottingham for improper judicial conduct after his full name and personal cell phone number appeared on a list of clients from another prostitution business, Denver Players. That escort business was shut down in January after a joint raid between the IRS and Denver Police.

The 10th Circuit's first investigation into Judge Nottingham began last August when 9Wants to Know obtained court records into the judge's behavior at Denver strip clubs.

9NEWS reported that Judge Nottingham testified during his divorce he had spent more than $3,000 at a Denver strip club in just two days and that he was "too drunk to remember" how he'd spent the money.

Divorce proceedings started shortly after Judge Nottingham's ex-wife Marci Jaeger discovered questionable charges on his credit card bills.

The 10th Circuit Court of Appeals also has an open investigation into a ticket Judge Nottingham received for illegally parking in a handicapped parking spot last fall.

The judge was ticketed by Denver Police after a disabled woman discovered his vehicle did not have the proper handicapped parking placard or license plate.

Judge Nottingham was appointed to the federal bench in 1989 by President George H. W. Bush. It is a lifetime appointment.

When Judge Nottingham presided over the Nacchio trial, he lectured the former CEO about morality.

"If it is perceived that there is one law for the rich and one law for everyone else, the law ultimately falls into disrespect," said Judge Nottingham to Nacchio. "The law does not care about your station in life."

Judge Nottingham was on the Colorado Bar Association's ethics committee from 1972 to 1993 and he was chairman in 1988, according to the CBA.

If you have any story tips, please contact Deborah.Sherman@9NEWS.com