TODAY Gift limits: House and Senate: $0 from registered lobbyist, $50 from any who are not registered lobbyists But gift exceptions (friends, trophies, trinkets, etc.) 2007: limits on travel funded by private groups – today groups that employ a lobbyist can only sponsor trips of 1 day and 1 night (and lobbyist can’t be involved in planning the trip). Groups with no lobbyist can sponsor trips up to 4 days domestically, 7 days internationally Groups Abramoff (lobbyist) had offered a lot of such trips to legislators
Abramoff (lobbyist) case Prosecuted for violating federal laws: Conspiracy, fraud and tax evasion CONSPIRACY: two or more people getting together and planning to commit a criminal offense (maximum sentence 5 years, fine up to 250k) FRAUD: devising a scheme to defraud or gain money or property using false/fraudulent pretenses, representations or promises (max sentence 20 years, fine of 250k)
TODAY Gift limits: House and Senate: $0 from registered lobbyist, $50 from any who are not registered lobbyists But gift exceptions (friends, trophies, trinkets, etc.) 2007: limits on travel funded by private groups – today groups that employ a lobbyist can only sponsor trips of 1 day and 1 night (and lobbyist can’t be involved in planning the trip). Groups with no lobbyist can sponsor trips up to 4 days domestically, 7 days internationally Groups Abramoff (lobbyist) had offered a lot of such trips to legislators
Abramoff (lobbyist) case Prosecuted for violating federal laws: Conspiracy, fraud and tax evasion CONSPIRACY: two or more people getting together and planning to commit a criminal offense (maximum sentence 5 years, fine up to 250k) FRAUD: devising a scheme to defraud or gain money or property using false/fraudulent pretenses, representations or promises (max sentence 20 years, fine of 250k)
TODAY Gift limits: House and Senate: $0 from registered lobbyist, $50 from any who are not registered lobbyists But gift exceptions (friends, trophies, trinkets, etc.) 2007: limits on travel funded by private groups – today groups that employ a lobbyist can only sponsor trips of 1 day and 1 night (and lobbyist can’t be involved in planning the trip). Groups with no lobbyist can sponsor trips up to 4 days domestically, 7 days internationally Groups Abramoff (lobbyist) had offered a lot of such trips to legislators
Abramoff (lobbyist) case Prosecuted for violating federal laws: Conspiracy, fraud and tax evasion CONSPIRACY: two or more people getting together and planning to commit a criminal offense (maximum sentence 5 years, fine up to 250k) FRAUD: devising a scheme to defraud or gain money or property using false/fraudulent pretenses, representations or promises (max sentence 20 years, fine of 250k)
Which states have strongest ethics laws? Main explanatory factor: states that had a lot of scandals involving financial conflicts of interest (bribery, gifts, etc). or a few big ones (KY, CA, FL, IL, NY, MA). Relatively scandal free states have very sparse ethics laws on the books – NH, ID, WY, ND, SD. Other factors such as ideology of the state do not matter much. In the early days, leg. compensation and culture mattered. But in recent years really the only factor driving new ethics laws is scandal.
Independent ethics commissions w/jurisdiction over legislators Exist in almost half the states, first established in 1973 (Alabama, Wisconsin). Which states have them? Again, scandal as a key explanatory factor, states whose neighboring states had established them (diffusion), traditionalist states (probably because these have more corruption than other states so greater “need” for independent commission.
Appointments to commissions Members can be appointed by legislators or executive branch (governor, attorney general, etc). Better (in terms of being tougher on legislators) if legislators don’t appoint all the members as in KY or AL (e.g. West Virginia legislators do not appoint any members).
Powers of the commissions Conducting administrative hearings Impose fines/penalties Can subpoena witnesses and records Can request prosecution Can file court actions independently. Only 7 commissions today have all 5 powers (CA commission no longer has jurisdiction over legislators). Most are weak/”toothless tigers”…
Other difficulties faced by independent commissions Legislatures take away powers (e.g. KY commission lost its power to initiate investigations after investigating legislators, CT commission lost authority to render a final decision. Legislatures can also take away authority of non- legislators to appoint members BUDGETARY RETALIATION (TX – not funded for 4 years; OR commission budget cut by 25% after an investigation of a state senator)
Prosecution of federal, state and local officials By Department of Justice (DOJ): Public Integrity Section of DOJ created 1976 Key statutes prosecutors use to go after public officials since 1970s: 1. Mail Fraud Statute 1972 2. Hobbs Act 1946 3. RICO (Racketeer Influenced and Corrupt Organizations Act) 1970
Criticisms of federal prosecution of officials using these 3 statutes Discretion/partisanship in prosecution Argument in favor: can’t depend on local prosecutors/ district attorneys to prosecute. Conclusion: increased federal prosecution of fed, state and local officials for corruption has been based on creative use of statutes not really intended for that purpose, and has led to big jump in indictments and convictions. Not necessarily that officials are more corrupt – just that more are being convicted because of the rise in the use of the statutes.