December 12, 2007

The Cooper Loophole

The City Paper reports that the Tennessee Registry of Election Finance is not sure it has the legal authority to fine former state Sen. Jerry Cooper $120,000 for stealing nearly $95,000 from his campaign donors. State law says the maximum fine can be $10,000 per offense - Cooper stole the money via 23 separate checks, so it would seem they could fine him up to $230,000. But state law also says the maximum fine can be 15 percent of the "amount in controversy." In Cooper's case, 15 percent is $14,152.50.

The TREF is seeking guidance from the state Attorney General. If the AG says the maximum fine is no more than 15 percent of the "amount in controversy," that would mean it is, by law, profitable for a corrupt legislator to steal money from the legislator's own campaign account. Want to take $10,000? Just cut the TREF a check for $1,500 and you're free and clear.

If the Cooper case has exposed a loophole, I'd suggest state law be amended to say "15 percent plus the amount in controversy."