October 31, 2008 05:38 PM UTC

When "Gotcha!" Breaks The Law: BeauprezGate II?

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• by: Colorado Pols

UPDATE: the liberal activist group Progress Now just filed a complaint with the Justice Department asking for an investigation of false statements (the bogus name and address for the donation in question) and making knowingly illegal campaign contributions. From the complaint:

I urge that you immediately exercise your authority under federal law to investigate whether Bob Schaffer and/or his agent/campaign manager and an unknown person posing as “Steve Mason” violated and/or conspired to violate 2 U.S.C. § 441j and 18 U.S.C. § 1001 by causing false statements to be made to the Federal Election Commission regarding the true source of two contributions made to the Mark Udall for Senate Campaign.(Rocky Mountain News 10/31/2008; Denver Post, 10/31/2008)

A person makes a false statement to under federal law if he knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. See 18 U.S.C. § 1001. A person making a false statement shall be fined under or imprisoned not more than 5 years. Id.

Federal law also prohibits persons from making a campaign contribution in the name of another person. 2 U.S.C. 441f.

Full text follows.

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Note to those of you who aren’t stupid: if you think you have something that might embarrass your political opponent, don’t try to prove it by doing something that breaks federal law. Of course if you’re not stupid, you probably already know not to do that. Or maybe you are just a little stupid, especially when you’re desperate at the end of a losing campaign, but at least you watched Bob Beauprez’s campaign break federal law in 2006 for the exact same purpose of embarrassing his opponent, with disastrous results and you know not to go down the same road. Either way, it’s an obvious point that not-stupid political operatives everywhere should get without any coaching.

Bob Schaffer’s train wreck of a campaign, however, as the Rocky Mountain News reports…

A Bob Schaffer supporter donated to Mark Udall’s Senate campaign under a false name this week, wanting to test the Schaffer campaign’s assertion that Udall is accepting untraceable donations.

Now the action has erupted into a firestorm in which both campaigns are accusing the other of fraud.

Schaffer campaign manager Dick Wadhams said that because Udall accepts money from sources such as prepaid credit cards that allow users to be anonymous, he can skirt campaign-finance limits and laws.

Udall staffers said in response that while their Web site that takes such donations complies with federal law, the Schaffer campaign broke the law by encouraging someone to provide false information while making a donation.

“The only campaign that has done anything wrong here is Bob Schaffer’s campaign,” Udall press secretary Tara Trujillo said…

Wednesday’s Washington Post featured a story about Democratic presidential nominee Barack Obama accepting donations from prepaid credit cards that can mask the giver’s identity. Such cards are purchased at stores and can be used as cash without the card being linked to the spender.

Wadhams said that after he’d gotten a tip that Udall, a Democrat, allowed the same practice, a Schaffer supporter made two $1 donations under the name of Steve Mason and included a fake address [Pols emphasis] without questioning from Udall’s Web site. The unnamed supporter tried the same thing with Schaffer’s site but was prohibited from doing so, Wadhams said…

Trujillo responded by noting that there is nothing illegal about the practice and that Udall’s Web site requires donors to confirm they are not breaking any federal law.

Which is what the Washington Post said about the Obama contribution system. It may not be the most secure system (like anything really is) but it doesn’t break the law. And if it doesn’t break the law, but a Schaffer crony at the obvious behest of the campaign did break the law by knowingly providing false information…just for some simpering last-minute “gotcha” of no real value…

Wow. We could, after a little work, come up with a more comically self-destructive stunt to pull. But it would take some work.

And as for Wadhams, rarely has there ever been a more comically tragic descent as quickly as he has seen. He thought he’d be in the final days of a Presidential campaign now, with George Allen at the top of the GOP ticket, but instead he’s throwing half-baked Hail Marys that make him, and his no-chance-in-hell-of-winning Senate candidate, look ridiculous.

October 31, 2008

William M Welch II

Chief, Public Integrity Section

United States Department of Justice

1400 New York Avenue NW, 12th Floor

Washington D.C. 20005  

Fax: 202-514-3003  

Mr. Welch:  

I urge that you immediately exercise your authority under federal law to investigate whether Bob Schaffer and/or his agent/campaign manager and an unknown person posing as “Steve Mason” violated and/or conspired to violate 2 U.S.C. § 441j and 18 U.S.C. § 1001 by causing false statements to be made to the Federal Election Commission regarding the true source of two contributions made to the Mark Udall for Senate Campaign.(Rocky Mountain News 10/31/2008; Denver Post, 10/31/2008)

A person makes a false statement to under federal law if he knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. See 18 U.S.C. § 1001. A person making a false statement shall be fined under or imprisoned not more than 5 years. Id.

Federal law also prohibits persons from making a campaign contribution in the name of another person. 2 U.S.C. 441f.

Bob Schaffer, a candidate for United States Senate in Colorado, campaign told the Rocky Mountain News that a Schaffer supporter used the name “Steve Mason” to make two contributions to the campaign of Schaffer’s opponent, Mark Udall, using a fictitious address.  (Rocky Mountain News, 10/31/08).  When Bob Schaffer’s campaign and “Steve Mason” agreed to make this contribution under false pretenses, they knew that their actions would cause false information to be filed with the Federal Election Commission.

I respectfully urge you to launch an immediate investigate Bob Schaffer and/or his campaign manager and “Steve Mason” to determine whether they violated federal law by causing a false statement to be made to a federal agency.  

Thank you for your prompt attention to this matter.

Sincerely,

Michael Huttner