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FPPC Countersues Carole Migden for $9 million

by: Robert Cruickshank

Tue Mar 25, 2008 at 17:18:14 PM PDT

Hot on the heels of the record $350,000 fine levied against Sen. Migden, the Fair Political Practices Commission is now suing her for $9 million "for her consistent and deliberate failure to follow California's campaign laws."

The commission's filings indicated that Migden's actions hid the true nature of her campaign accounts from state regulators, potential opponents, the media and the public generally. She failed to report a number of large transactions entirely, while reporting other large transactions which simply never occurred.

"For years, Senator Migden has been deceiving the voters of California by filing inaccurate campaign statements, fabricating the elimination of committees and concealing campaign funds," said FPPC Chairman Ross Johnson. "The sophisticated and pervasive pattern of deception by her various controlled committees has been ongoing for more than five years."

Earlier this month, Migden was fined $350,000 by the commission and admitted to 89 violations of the Political Reform Act. During the months-long investigation that resulted in that record fine, the enforcement division also uncovered multiple illegal transfers of approximately $1 million of surplus campaign funds that occurred over several years and were funneled through multiple committee accounts controlled by the senator. Additionally, the investigation found the filing of untrue campaign statements and a pattern of concealment through consistent misreporting of campaign information.

The commission maintains that nearly $1 million in Migden's 2000 Assembly re-election committee became surplus by operation of law when she left the lower house in December of 2002 and are not legally available for her to use in her current Senate re-election campaign. The surplus funds law has been on the books for nearly 30 years; however, Migden sued the FPPC arguing she should be allowed to use $647,000 of those funds that remain.

This is a countersuit to the Migden lawsuit noted in the last paragraph. Obviously this isn't good news for her, coming on the heels of that already-substantial fine. And this is going to make what was an uphill campaign that much more difficult for her to win.  

Robert Cruickshank :: FPPC Countersues Carole Migden for $9 million
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Now that's a Fine (8.00 / 3)

On Sunday, in my Migden tome that was probably too long and wonky for anyone to read, I predicted that her record $350,000 fine was only the tip of the iceberg. Little did I know that it was merely an ice chip hovering above the iceberg. Today the FPPC announced that it is fining Senator Migden $9,000,000 for her new violations.  NINE MILLION DOLLARS.  Thirty times the previous record fins (held by Migden, of course.)

Yet, Migden remains defiant and indignant.

Matier and Ross wrote on Sunday in the SF Chronicle that:

"It was a bad week personally and financially, but I'm not hiding in any shell," an upbeat state Sen. Carole Migden told us Friday as she headed off for another weekend of campaigning.

Brave words, considering the Democratic demolition derby queen had just shelled out $100,000 from her own pocket in the first installment of a $350,000 fine leveled last week by the state's Fair Political Practices Commission.

Migden told them that "People don't really care about things like this . . . .

Really, Carole?  Really?  Let's just see what people care about at the upcoming CDP convention this weekend.

Carole, please, PLEASE drop out of this race.   


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