An Arlington, Va., lobbyist long associated with U.S. Rep. Pete Visclosky,
D-1st, has been indicted in federal court on charges of violating the
Federal Election Campaign Act of 1971, the U.S. Attorney’s Office for the
Eastern District of Virginia said.
Paul J. Magliocchetti, president of the now defunct PMA Group—which
specialized in representing high-tech businesses, many in the defense
industry, and obtaining for them federal earmarks—was taken into custody on
Wednesday by the FBI on an 11-count indictment:
•Four counts of making illegal campaign contributions in the name of
another.
•Four counts of making illegal campaign contributions from a corporation.
•Three counts of causing federal campaigns to unwittingly make false
statements.
The indictment generally alleges that Magliocchetti, from “at least January
2003 through November 2008,” pursued a “scheme” of making an end-run around
federal law by funneling donations to congressional campaign committees,
actually funded by himself or his firm, through straw-man donors, or
otherwise by reimbursing those donors after they had made a donation.
“As the founder and president of the company that bore his name,
Magliocchetti sought to enrich both PMA and himself by increasing the firm’s
influence, power, and prestige—both among the firm’s base of current and
potential clients as well as among the elected officials to whom PMA and its
lobbyists sought access,” the indictment states.
“In an effort to achieve his twin goals of increasing PMA’s influence and
enriching himself, Magliocchetti make hundreds of thousands of dollars in
illegal conduit and corporate federal campaign contributions,” the
indictment states. “Aware of the strict limits on individual federal
campaign contributions—and the outright ban on corporate contributions—Magliocchetti,
unbeknownst to the federal campaigns, funneled personal and corporate money
to friends, family members, and PMA lobbyists in order to make these
unlawful contributions.”
“At the same time, Magliocchetti ensured that he and PMA received credit for
these contributions from the federal campaigns and candidates by, among
other things, using PMA lobbyists and others associated with Magliocchetti
as the conduits, and by hosting fund-raising events in which he or his
associates delivered the contributions.”
The indictment does not specifically mention any candidate for federal
office, although the indictment alleges that illegal contributions were made
to “scores of federal campaign committees.”
According to data compiled by the Center for Responsive Politics (CRP), one
of those campaign committees was Visclosky’s. Over Visclosky’s career—since
the 1997-98 election cycle—the PMA Group contributed a total of $212,200 to
his campaign committee, making the PMA group by far the most generous of all
donors to that committee, CRP data show. Tied for the second most generous
donor—each contributing a total of $105,000 to Visclosky’s committee over
his career—are the United Auto Workers and the United Steelworkers.
The indictment emphasizes that candidates whose campaign committees received
donations from PMA “associates” had no knowledge that those donations were
allegedly made illegally, and indeed three of the counts filed against
Magliocchetti are based on the candidates’ ignorance: namely, that
Magliocchetti allegedly caused unnamed campaign committees “unwittingly” to
file with the Federal Election Commission (FEC) “a materially false
quarterly report,” indicating that donations purportedly made by
“individuals” were actually made by Magliocchetti or by the PMA Group.
Earlier this year the House Committee on Standards of Official Conduct
officially cleared Visclosky and six other U.S. House members of any
wrong-doing in connection with the PMA Group. The committee’s determination:
“No House member or employee violated any law, regulation, rule, or other
applicable standard of conduct.”
The indictment does cite one case in which Magliocchetti prevailed on two
“acquaintances” who lived near his Florida vacation home—“Acquaintance A”
and “Acquaintance B”—to “write checks out of their personal checking
accounts to specific candidates for federal office,” then “advanced funds to
or reimbursed” them “through personal checks, checks from PMA, and by
designating them as members of PMA’s Board of Directors even though the
acquaintances lived in Florida, never worked as lobbyists, and never
attended PMA board meetings.”
In February 2009, Visclosky announced that his campaign committee would
return $16,000 in donations made between 2006 and 2008 by two Fernandina,
Fla., residents—each having donated a total of $8,000, each being listed in
FEC records as PMA associates—when it was reported that neither one of them
has any genuine affiliation with the PMA Group.
It is unclear whether the two Fernandina, Fla., residents are the ones cited
by the indictment.
“In order to perpetuate the scheme, among other things, Magliocchetti
disguised the payments from PMA to the conduits by causing them to be
falsely characterized in the books and records of the company as salary or
bonus payments,” the indictment states. “Magliocchetti also tracked the
campaign contributions to the straw donors using spreadsheets which were
updated and maintained by Magliocchetti’s assistant. Magliocchetti further
pressured PMA employees to individually contribute, leading them to believe
that their failure to make the required political contributions would
adversely impact their employment at PMA.”
“The laws governing our campaign finance system are precise and must be
obeyed by those who run for public office and those who donate to their
campaigns,” Visclosky said in a statement released today to the
Chesterton Tribune. “I know that I and my campaign have always observed
both the letter and the spirit of the law on these issues.”