Sunlight Foundation

Scandal Plagued West Virginia Lawmaker Goes Down

So, Rep. Alan Mollohan was defeated in a Democratic primary yesterday. He was the second incumbent to lose in the past week (Sen. Bob Bennett of Utah having been defeated last Tuesday) and to many pundits is a canary in the 2010 election coal mine. This is probably true, but let's not forget that Mollohan has been embroiled in an earmark-related corruption scandal going back as far as 2006. We can take the Sunlight DeLorean back four years to read what my colleagues and I were writing back then. Or check out this excellent write-up on Mollohan's Open Congress Wiki page.

Now, you may be asking, well, why this year if his scandal problems began back in 2006? That gave two election cycles for Mollohan to be defeated and that was before the FBI wrapped up their investigation with no indictments or further activity. Despite having voted for a wide margin for both John McCain and George W. Bush in the last two elections Mollohan's (soon-to-be-former) district is a conservative Democratic district at the congressional level. Mollohan previously faced not-so-credible Republican opposition in 2006 and 2008, both Democratic sweep years. This was the first time the scandal-plagued lawmaker faced real opposition within his party. With a long-running scandal and anti-incumbent fever Mollohan was bound to lose. The American people are, as my colleague Bill Allison likes to say, the only ethics committee we need.

The Appropriate Culture of Corruption

The New York Times reports today on what could be the next great lobbying scandal. After his house and offices were raided by the FBI, Paul Magliocchetti, top lobbyist at the PMA Group, is shuttering his lobby shop. Once seen as the top earmark factory in Washington, the PMA Group fell apart weeks before the FBI raid occurred as rumors circulated that Magliocchetti was under investigation for various reasons, including making fraudulent campaign contributions and potentially trading contributions and gifts for legislative actions--earmarks--from legislators.

According to the Times, Magliocchetti was a pioneer and master of the earmarking process who skirted as close to the ethical line as possible:

[S]everal former PMA lobbyists and former Congressional staff members, speaking anonymously for fear of retaliation from lawmakers close to Mr. Magliocchetti, said that for decades he sought loopholes to shower food, drink and gifts on the members and staff members of the House defense appropriations subcommittee.

He regularly arranged food deliveries for late-working committee staff members, for example, taking advantage of an exception written into the fine print of the ethics code, the former PMA lobbyists and Congressional staff members said. And each year he hosted lawmakers and their staff members at a legendary Christmas party at the Alpine or, more recently, at the Army Navy golf club, that fit into a gift-rule exception for “widely attended events.”

Mr. Magliocchetti helped pioneer the lucrative specialty of helping contractors lobby for military earmarks, the several billion dollars in pet spending items that members of the panel insert in annual spending bills, often with little oversight.

Many are beginning to question whether Magliocchetti is the new Jack Abramoff; the next lobbyist who could ensnare dozens in a corrupt conspiracy. My colleague Bill Allison offered his thoughts on the Magliocchetti-Abramoff comparison at the Real Time Investigations blog:
I’ve told a few people that while the PMA Group scandal is different from Abramoff, in many ways it’s more serious. Abramoff was a sort of Bernard Madoff character, unique in his personal excesses, corrosively corrupting, but still just one guy. PMA Group is a methodical business. It rakes in millions of dollars in lobbying fees. Its employees and PAC contributes a few hundred thousand to various congressional campaign committees and leadership PACs. Its clients get hundreds of millions of dollars in earmarks and billions more in federal contracts. Abramoff’s excesses were fairly unique; PMA Group’s business model is standard operating procedure in Washington.
And for the most part I agree with this assessment. (Abramoff's operation was tightly wound up in a racket to ensure the maintanence of power by then-Majority Leader Tom DeLay. So, he wasn't quite a rogue grifter.) PMA Group's excess highlights what one could call a "culture of corruption" that exists around the Appropriations Committee, most prominently in the House.

When we look at the scandals of the last few years, these Appropriations Committee members keep popping up. Duke Cunningham, Jerry Lewis, Alan Mollohan, and now, the Magliocchetti connected John Murtha. Others have come under close scrutiny for their practices including Bill Young, Hal Rogers, Pete Visclosky, and James Moran. It really is an epidemic when this many members of a single committee bring this kind of attention (in many cases, federal investigations) to themselves.

It's doubtful that lawmakers, especially appropriators, want any sunshine shed on the relationships between appropriators and appropriations seeking lobbyists. Perhaps some stricter disclosure rules would help to stop the ethical tightrope walk that the appropriations process has become.

Mitchell Wade's Five Congressmen

Seth Hettena spills the beans on the names of the five lawmakers that Mitchell Wade provided information on to federal investigators. They are:

  • Sen. Dan Inouye, D-Hi.
  • Rep. Alan B. Mollohan,  D-W. Va
  • Rep. Jerry Lewis, R-Calif.
  • Rep. Virgil Goode, R-Va.
  • Rep. Katherine Harris, R-Fla.
  • As Hettena explains, Inouye and Lewis are more directly related to deals that Wade's former partner Brent Wilkes was seeking from the government. Harris, Goode, and Mollohan all received large campaign contributions from Wade and his company MZM, Inc. as he sought to locate his operations in their respective districts.

    Both Harris and Goode are no longer in Congress; Goode having lost his seat this year. Mollohan and Lewis have both been under investigation by the Justice Department for some time. This is the first word that the Justice Department has been looking at the actions of Sen. Daniel Inouye, the incoming chairman of the Senate Appropriations Committee.

    Under Investigation Watch: Do They Really Care About Earmarks?

    If there was ever a test case for whether voters cared about the abusive earmarking practice than the race in WV-01 would be it. This year Rep. Alan Mollohan found himself the subject of a federal investigation into his use of earmarks to create a series of nonprofits headed by his real estate partners. Mollohan, like other West Virginians sent off to Washington, is a prolific earmarker and has created an entire technology corridor -- this technology corridor being the reason for the investigation -- in northern West Virginia through earmarks. But will voters punish Mollohan for his earmarking or do they see his perch on the Appropriations Committee as a means of attracting money and jobs to a seriously depressed state economy.

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    Announcing Online Poll

    Today, Sunlight is posting an online poll asking the public if Congress is doing enough to address ethics and lobbying reform in the wake of recent scandals. We've posted one serious question and another one with a touch of humor: do you think it more likely that there would be a live sighting of Elvis before the current congressional leadership showed real leadership on the need for reform? (The poll is viewable here, and bloggers are encouraged to copy the source code and post it on their own sites.)

    Why the cynical question? Here's a brief guide to the issue.

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    Daylight AM:

    • The Washington Post and The Hill finally run stories on [sw: Dennis Hastert]'s land deal in Kendall County, Illinois. The Post story looks at Hastert's land deal along side the land deals of Reps. [sw: Ken Calvert] (R-Calif.) and [sw: Gary Miller] (R-Calif.). Both Calvert and Miller made large sums of money off of land that they helped, through the earmarking process, become more profitable. Their stories are here and here respectively.
    • New tax records show that Rep. [sw: Alan Mollohan] (D-W.Va.) steered $179 million in federal earmarks to companies that contributed to charities that he is associated with. According to Bloomberg, "The money went to 21 companies and nonprofit groups that contributed $225,427 to the Robert H. Mollohan Family Charitable Foundation in 2004 -- almost half of the charity's revenue". Charities connected to politicians (or spouses of politicians) are a way for companies and interests to curry favor from a legislator out of the public eye. Numerous lawmakers have used their charities inappropriately including Senators Rick Santorum (R-Penn.) and Bill Frist (R-Tenn.). I'm sure that there are many more political charity abuses that go unnoticed.
    • The Senate Indian Affairs Committee just released their final report on the Jack Abramoff tribal scandal, "Gimme Five -- Investigation of Tribal Lobbying Matters". The Arizona Republic reported this morning that the report is expected to "read more like a summer mystery novel with chapters missing than a tell-all account of former GOP lobbyist Jack Abramoff's corrupt influence in Washington." Since Committee Chairman John McCain (R-Ariz.) refused to call members of Congress to testify before his committee those "missing chapters" will have to be filled in by the Justice Department and our courts.
    • Most members of Congress do not read the bills that they vote on. Rep. [sw: John McHugh] (R-N.Y.), the chairman of the House Armed Services Committee personnel subcommittee, did not know that a provision existed in a bill that he crafted that he "philosophically" opposed. Oops. Maybe we should pay attention next time. Or we could make bills available 72 hours before they are voted on (as Readthebill.org is pushing) so that maybe somebody else could have caught what John McHugh didn't.
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    Morning News:

    • The federal government spent over $1.4 billion on fraudulent assistance to fake victims of Hurricanes Katrina and Rita. One man spent 70 days at a hotel in Hawaii on taxpayer money.
    • [sw: Alan Mollohan] (D-WV), who resigned his seat on the House Ethics Committee after he became the subject of a federal inquiry, released corrections to his financial disclosure forms yesterday, according to the New York Times. Mollohan "filed some two dozen corrections to his past six annual financial disclosure forms, saying his accountant had uncovered 'a relative handful of unintentional and immaterial mistakes.'" He had left out one major transaction in which in he took out a "$2.3 million 'back-to-back loan'". Mollohan stated that he did not feel that he had to report this previously because the net value was zero.
    • The judge ruling in the David Safavian trial is weighing whether to toss a juror because she spoke to persons outside of the juror pool about the case. The prosecution wants her tossed, while the defense wants her to stay.
    • The Defense Appropriations bill for FY 07 contains $1 billion less in earmarks than the previous year's bill did. Well, they did get rid of [sw: Duke Cunningham], so that's about what I'd expect.
    • Yesterday Redstate reported that [sw: Jerry Lewis] (R-CA), under fire for earmarking and connections to lobbyists, inserted a $500,000 earmark to renovate the swimming pool in Banning, California. Today, the San Bernardino Sun picks up the story along with criticism of Lewis from his fellow caucus members. Jeff Flake (R-AZ): "It's just ridiculous. Cities ought to pay for their own pools." Banning is represented by lobbyist David Turch, who has lost numerous county and municipal clients to the now-radioactive lobbying firm of Copeland Lowery Jacquez and White.
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    A Round-Table Discussion on Hiding Your Money in Washington:

    In Washington people are always dealing in information, money, and secrets. Sometimes you need to peddle information to get a seat at the table or to help write bills for your lobbying clients. Other times you need to throw money around, ingratiate yourself with the locals and take them out to a skybox and watch Gilbert Arenas score 40 points. Throw a fund raiser for your favorite legislator (i.e.: the guy who's vote you need to switch). How else are you going to stop that bill that would help millions of people but hurt your client? Usually you tout these accomplishments and get patted on the back. But sometimes, you do something that you don't want anyone to know about and you need to hide your information, or your money, somewhere. Anywhere. Where do you hide it? Well, we gathered up a group of Washington insiders with first hand experience in hiding stuff and asked them how they would go about hiding money or information in Washington (follow the link):

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    It's Alive!:

    After 16 months of deadlock and inaction the House Ethics Committee has launched two investigations into members of the House, according to the Washington Post. The Ethics Committee has agreed to look into the cases of Rep. Bob Ney (R-OH), alleged to have taken bribes from Jack Abramoff in return for favorable action, and Rep. William Jefferson (D-LA), who is alleged to have solicited bribes in an international telecommunications deal. The panel refused to hear the case of the retiring former Majority Leader Tom DeLay (R-TX), who has already been indicted in Texas on money laundering charges and has been closely tied to Jack Abramoff since the mid-90s. The gridlock on the panel actually began due to three admonishments of DeLay in 2004. After the third admonishment Speaker Dennis Hastert and DeLay purged the panel's Republicans, installing DeLay supporters who aggravated the Democrats on the panel by attempting to change the rules on how the ethics process worked. The deadlock ended when the ranking Democrat Alan Mollohan (D-WV) stepped down after he was alleged to have misstated his personal finances and used federal earmarks to enrich himself. The current ranking Democrat is Howard Berman (D-CA) and the chairman is Doc Hastings (R-WA).

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    West Virginia Non-profits Subpoenaed:

    The Charleston Daily Mail is reporting that "two dozen organizations in northcentral West Virginia with ties to Rep. Alan Mollohan reportedly have been subpoenaed, and one nonprofit has reportedly shipped 160 cartons of documents to the U.S. Attorney for the District of Columbia." A source states that "between 25 and 30 organizations in north central West Virginia who have received subpoenas that are extremely broad." The head of two organizations, the Institute for Scientific Research and the West Virginia High Technology Consortium Foundation, states that "the complaint filed by the NLPC is nothing more than a witch hunt" and that he intends "to provide anything and everything I can to [prosecutors] to demonstrate" that his organizations are innocent of any violations.

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