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THU., JUL 8, 2004 - 3:32 PM
Chvala faces 20 felonies
Phil Brinkman and Dee J. Hall Wisconsin State Journal
State Senate
Majority Leader Chuck Chvala was charged with 20 felonies Thursday,
including extortion and misconduct in public office, in what
prosecutors described as a years-long pattern of demanding campaign
cash for action on legislation.
The
charges also include several counts of using taxpayer-funded
legislative caucus staff to run campaigns of vulnerable Democrats, and
setting up dummy "independent" organizations to run ads for those
candidates to get around state campaign finance laws.
Chvala,
D-Madison, quickly denied the charges, calling them the work of
"politically motivated special interest lobbyists and a district
attorney bent on political revenge." But he said he planned to resign
his leadership position as soon as a replacement is selected.
The
67-page complaint paints a stark portrait of the shadowy underworld of
Wisconsin politics, complete with brazen shakedowns of lobbyists,
elaborate money-laundering schemes and envelopes stuffed with cash.
The
charges are certain to sully the state's much-touted clean-government
reputation. Many of the money-laundering allegations involve a national
Democratic fund-raising group, which could draw the interest of federal
authorities.
"It's
stunning, really," said Jay Heck, executive director of Common Cause in
Wisconsin. "I just find myself much more disturbed by it than I thought
I would be. You sit here and read the criminal complaint and it turns
your stomach."
The
complaint, filed in Dane County Circuit Court, is the result of a
17-month investigation into the activities of the Senate Democratic
Caucus by Milwaukee County District Attorney E. Michael McCann.
Chvala's
top aide, Doug Burnett, has agreed to plead guilty to two misdemeanors
in exchange for telling investigators everything he knows about his
boss' unlawful activities, Assistant Milwaukee County District Attorney
David Feiss said.
McCann
said in a statement that additional criminal complaints are "likely"
although he ruled out charging any other elected officials.
That
would be left to Dane County District Attorney Brian Blanchard, who is
investigating the Legislature's three other caucuses and is said to be
ready to file criminal complaints against at least two Republican
legislators, perhaps as early as today.
Assembly
Speaker Scott Jensen, R-Waukesha, is not shaken by "the orgy of
speculation" over whether he is next in line for criminal charges, said
Steve Baas, his spokesman.
"We've
lived with this kind of speculation for a long time," Baas said. "Good
leaders and good managers don't waste their time and energy on things
they can't control."
But
Rep. Steve Freese, R-Dodgeville, said Thursday he thinks Chvala has set
a precedent for leaders committing to resign if charged with serious
crimes. Should Jensen be charged and step down, Freese, as speaker pro
tem, would assume the speaker's powers until after the election.
Chvala
was charged with three counts of extortion, seven counts of misconduct
in public office and 10 campaign finance violations including exceeding
contribution limits and filing false reports with the state Elections
Board.
The counts carry maximum penalties ranging from two to 10 years in prison and fines of up to $10,000 each.
The
extortion charges relate to so-called "pay-to-play" rules Chvala had
been rumored to operate under for years. According to the complaint:
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In May 1997, William Petersen sought legislation creating an endowment
to operate and maintain his Black Point Estate on Lake Geneva. The
measure was sought by the Lake Geneva Historical Society as a way of
preserving the historic site rather than selling it off in pieces.
Chvala told the lobbyist for the society, William O'Connor, that if he
"wanted to make sure that his bill didn't get into trouble, he had
better have some of his people contribute to some of (Chvala's)
candidates."
Petersen,
who regarded the request as "a typical Chicago alderman tactic"
complied, sending $500 checks to the campaigns of state Sens. Rod Moen,
D-Whitehall, and Kim Plache, D-Racine. After gaining assurances the
checks were in the mail, Chvala kept the provision in the two-year
budget.
A
group of neighbors later objected, hiring lobbyist Eric Petersen in
1999 and 2000. Petersen told investigators he handed Chvala three
checks made out to Senate Democratic candidates from the Black Point
neighbors. In 2001, Chvala and other legislators amended the budget to
remove the provision but the amendment was vetoed by Gov. Scott
McCallum.
In
1998, William Malkasian, president of the Wisconsin Realtors
Association, was lobbying for passage of a bill to regulate home
inspectors. The bill passed the Republican-controlled state Assembly 91
to 5.
When
Malkasian asked Chvala about scheduling it for a vote in his house, he
said, "Bill, you're asking for something but you have not earned it.
You have not done anything to show me that it is in my best interest to
work with you on this issue."
Chvala
had previously asked the Realtors to give the State Senate Democratic
Committee $6,000, but the group had only given $3,000. Malkasian said
Chvala demanded an additional $4,500. The group made the payment, and
the bill passed the Senate.
In
July 2000, Chvala angrily accosted Thomas Sheforgen, president of the
Wisconsin Wholesale Beer Distributors Association, demanding to know
why two members of the group had given donations to Chvala's opponent,
Lisa Nelson. Chvala "reminded Mr. Sheforgen that he was the majority
leader" and that "his organization better at least come up with
matching funds" for his own campaign.
Sheforgen
took that to be a threat that Chvala would tie up legislation sought by
the association. When no counter-donations were made, Chvala refused to
acknowledge Sheforgen, saying, "You had your chance."
The complaint details several other threats Chvala made to lobbyists.
Chvala
also directed the substantial resources of the taxpayer-funded Senate
Democratic Caucus toward campaigns, including providing campaign
workers to go door-to-door, raise money, organize donor and voter lists
and prepare campaign literature, the complaint said. One of those
workers, Julie Laundrie, said she spent "at least 90 percent" of her
time running the 1998 campaign of Sen. Jon Erpenbach, D-Middleton.
The
allegations echo those first raised by a series in the Wisconsin State
Journal in May 2001. That series prompted the investigation that led to
Thursday's charges.
At
one point during the 2000 campaign of state Sen. Dave Hansen, D-Green
Bay, Chvala handed caucus worker Lance Walter an envelope containing
$1,500 in cash, saying it had been raised "by a group who passed the
hat" for Hansen, the complaint said. Chvala had already donated the
maximum $1,000 to Hansen's campaign.
indentWalter said he deposited $1,000
of the cash in his own account, then transferred it to a joint account
with his wife, who wrote a check to Hansen. He gave the remaining $500
to another caucus employee, who wrote another check.
indentNine of the 20 charges revolve
around Chvala's alleged schemes to secretly funnel hundreds of
thousands of dollars from unions, corporate political-action committees
and corporations through various groups secretly operated by Chvala and
into targeted Senate races.
indentThe largest, Independent Citizens
for Democracy (ICD), spent more than $500,000 in the 2000 campaign
season to benefit three candidates: Hansen, Sen. Mark Meyer of
LaCrosse, and Sen. Alice Clausing of Menomonie. Clausing lost her bid
for re-election.
indentThe complaint alleged that Chvala
and Burnett controlled all aspects of those Senate campaigns at the
same time directing so-called independent expenditures made on behalf
of those candidates. By so doing, the complaint alleged, Chvala
violated the state law that allows such groups to collect and spend as
much as they wish so long as they sign an oath saying their efforts
were not coordinated with any candidate or campaign.
indentBecause of the alleged cooperation, Chvala was charged with filing false reports and exceeding campaign contribution limits.
indentThe complaint alleges that the two
names listed on the ICD campaign reports - director Thomas Boeder and
treasurer Scott McCormick - were little more than "figureheads" who
operated at the direction of Chvala and Burnett. Both Boeder and
McCormick were granted immunity in July after invoking their Fifth
Amendment right against self-incrimination.
indentBurnett's cooperation with the
investigation apparently came just Wednesday, the day before charges
were filed. In exchange, the complaint said, Burnett agreed to plead
guilty to two misdemeanor counts of illegally coordinating campaign
activity.
indent"Mr. Burnett stated that he and
defendant (Chvala) designed a scheme to hide defendant's control of
Independent Citizens for Democracy," the complaint said. "Under this
scheme, defendant (Chvala) directed Mr. Burnett, who in turn directed
Thomas Boeder, who in turn operated Independent Citizens for Democracy
... so that Mr. Boeder would never know of, and could not be a witness
to, defendant's control of Independent Citizens for Democracy."
indentThe complaint said Burnett and
Chvala also intentionally kept their control of ICD secret from
Clausing, Hansen and Meyer and from the Senate Democratic Caucus
staffers who were running those campaigns.
indentWith lobbyists, however, Chvala
was very forthright about his involvement, the complaint said. The
Senate's most powerful member allegedly was meticulous in directing
lobbyists to write checks for specific amounts either directly to the
groups he controlled or to the Democratic Legislative Campaign
Committee in Washington, D.C., which Chvala would personally handle.
The DLCC then returned the money to Independent Citizens for Democracy.
indentInvestigators quoted Madison
lobbyist Michael Bright as saying that Chvala "specifically stated that
Mr. Bright's clients could keep their political contributions 'under
the radar' by directing monies 'across the Potomac' to the DLCC," which
is not required to report either its spending or contributors.
indentIn one convoluted transaction,
the complaint alleged, Chvala directed Mark Williamson, a lobbyist for
Madison Gas and Electric, to send checks from three company
subsidiaries totaling $25,000 to the Kansas Democratic Party, which
returned all the money to Independent Citizens for Democracy. Kansas
allows direct corporate contributions to campaigns; Wisconsin does not.
No charges stemmed from that transaction.
indent State Journal reporter Scott Milfred contributed to this report. |
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