September 12, 2007

Will They Really Do Anything?

Tennessee election finance officials today will consider the allegations that state Sen. Jerry Cooper took nearly $100,000 in campaign funds and deposited it into his personal bank account, the Tennessean reports on its website. Writing on the paper's politics blog, Jessica Fender reports, "The guys and gal over at the Tennessee Center for Policy Research sniffed out the possible abuse earlier this summer by perusing copies of checks entered as evidence in an unrelated bank fraud case against the senator."

The blog posting includes full text of the TCPR's press release.

I predict the Tennessee Registry of Election Finance, which has four Democratic appointees and only two Republican appointees, will continue to find some reason not to investigate or take any action against Sen. Cooper, D-Morrison. The TREF has known about Cooper's illegal diversion of $95,000 from his campaign funds to his personal use for months and has, so far, chosen not to act.

Update: Happily, my prediction appears to have missed the mark as the TREF says it will investigate. Details from the Associated Press and the City Paper. The latter reports that Cooper could face a huge fine:

The evidence of the transfers, which occurred between Dec. 1999 and Nov. 2001, were submitted in a federal fraud trial against Cooper, which he was ultimately acquitted. Although the alleged violations may have occurred just between 1999 and 2001, the statute of limitations, which was 180 days for a campaign finance report, does not apply in this case, said Drew Rawlins, the executive director of the Registry of Election Finance.

"We’re not talking about a report at this point," Rawlins said. "We’re talking about the potential personal use of campaign funds."

Also, Rawlins said state attorneys have advised him that if Cooper is found to have used campaign funds for personal use, he could be punished up to $10,000 for each check. There were 24 checks that were allegedly transferred.

Cooper should be fined the maximum - $240,000.

Mark Brown, a spokesman with the Senate Democratic Caucus, declined to comment because it was an ongoing investigation. And because Cooper's a Democrat and they don't want to lose him and risk losing the seat.