Feb 13 (Reuters) - National fundraising committees for
the Democratic and Republican parties, President Barack Obama,
and other major politicians have declined to return campaign
donations totaling $1.8 million from Houston financier R. Allen Stanford, now on trial for allegedly masterminding a $7 billion
Ponzi scheme.
The court-appointed receiver charged with returning money to
Stanford investors obtained a federal court order last June
against five Democratic and Republican campaigns. But they
haven't returned the money. The Democratic Senatorial Campaign
Committee received $950,500; the National Republican
Congressional Committee (NRCC), $238,500; the Democratic
Congressional Campaign Committee, $200,000; the Republican
National Committee $128,500, and the National Republican
Senatorial Committee (NRSC) $83,345.
The contributions to the campaign committees and candidates
were given by Stanford himself, Stanford executives, and a
political action committee associated with the financier.
The receiver, Ralph Janvey, is also trying to claw back
money Stanford donated to individual politicians. The list of
his recipients reads like a who's who of Washington, including
President Obama - who received $4,600 from Stanford in his 2008
election campaign - Rep. Pete Sessions (R-Texas), the chairman
of the NRCC, and Sen. John Cornyn (R-Texas), the chairman of the
National Republican Senatorial Campaign Committee. Janvey is
seeking these funds informally, and has not filed lawsuits.
Money has already been returned by House Speaker John
Boehner, Senate Majority Leader Harry Reid and Sen. John
McCain, among others. But the roughly $154,000 recovered from
elected officials is a fraction of the $1.8 million still
outstanding.
The $4,600 Janvey is seeking from the Obama campaign
reflects only direct contributions from Allen Stanford himself.
The total may be as high $31,000 when Stanford's contributions
to Obama's other campaign committees are included, along with
money from senior Stanford executives, and the Stanford
Financial Group's now defunct PAC, according to campaign finance
records and an analysis by the Center for Responsive Politics.
"ROBS THE STORE"
The Obama campaign donated the $4,600 contribution to
charity on February 18, 2009, just days after Stanford's alleged
fraud came to light. The Obama campaign officially has no
comment on the matter, but a source familiar with the
campaign's thinking told Reuters that it does not intend to
return the money to the receiver or Stanford investors.
Kevin Sadler, lead counsel for the Stanford receivership,
condemned the failure by the Obama campaign to turn over the
contributions to the receiver. He said "the money was never
theirs to begin with," so they have no more right to the money
than an ordinary person who was given it from "a guy who goes
into a Seven Eleven and robs the store."
Stanford is on trial for allegedly bilking $7 billion from
investors, the second-largest Ponzi scheme in the nation's
history. He has denied any wrongdoing or taking money from
investors.
In his opening statement, assistant U.S. attorney Gregg
Costa, alleged: "Some people trusted Mr. Stanford with their
entire life savings... He stole from them so he could live the
lavish lifestyle of a billionaire."
Stanford's attorney Robert Scardino, in his opening,
acknowledged that billions of dollars from Stanford's bank had
gone missing, but said that Stanford knew nothing about it, and
the money had been taken by a Stanford deputy.
The receiver first wrote to the Obama campaign five days
after it gave the money to charity in 2009, asking that it
instead be returned to investors.
"If you have already donated such amounts to charity, we
request you consider donating an equal amount to the
Receivership," Janvey wrote back on February 23, 2009. "By
returning such amounts to the Receivership Estate, you will help
reduce the losses suffered by victims of the alleged fraud."
The national campaign committees are working though the
court system. They have appealed a federal judge's order to
return the money to a higher court, which has not yet decided
whether to consider the matter.
There is scant legal precedent when it comes to clawing back
such campaign contributions. That's because it is often
difficult to prove in court that a campaign committee took money
that was clearly illicit and therefore must return it to the
victims of an alleged fraud, according to Meredith McGehee, the
policy director for the non-profit Campaign Legal Center.
"If there is a clear trail, they can be forced to give the
money back," she said, noting that in cases like Stanford --
where yachts, homes and other assets have been successfully
claimed by the receiver - donations could be fair game as well.
That contrasts with a case like the 2002 telecom accounting
scandal at WorldCom, where there was fraud but also legitimate
business that can cloud the source of campaign donations.
Aside from the courts, McGehee said, another check on the
system is that candidates have to face "the court of public
opinion if they are given and then keep stolen money."
This is not the first Obama campaign contribution to have
recently come into question. Last Monday, Obama's reelection
campaign returned more than $200,000 in campaign contributions
it had received from the American brothers of a Mexican casino
magnate who has been in trouble with the law. Juan Jose Rojas
Cardona jumped bail in the U.S. in 1994 after being charged with
drug trafficking and fraud, according to the New York Times. The
campaign said it did not know the background of the Cardona
brothers when it accepted the contribution.
Stanford spent considerable sums on lobbying and on donating
to members of Congress. According to former U.S. State
Department and federal law enforcement officials, the goal was
to prevent passage of legislation and enactment of regulations
that would have strengthened money laundering laws relating to
offshore banking, which would have hampered his ability to
conduct his own allegedly illicit offshore business haven on the
Caribbean island of Antigua, where the Stanford International
Bank was headquartered.
As a U.S. Senator from Illinois, Obama was one of three
senators who in Feb. 2007, along with Sen. Carl Levin
(D-Mich.) and then Sen. Norm Coleman (R-Minn.), sponsored their
own version of offshore banking legislation.
A senior official of the NRSC, which raised funds for
Republican house members and candidates, said that the committee
had attempted to settle the receiver's demands but its offer was
rejected.
According to this person, who declined to be identified, the
NRSC offered to return the entire $83,345 Stanford donated and
about seventy percent of the receiver's legal fees. However, the
receiver was adamant that the reimbursement should include 100
percent of his legal fees.
After that demand, the NRSC appealed the lower court's
decision. Repeated calls and emails to the other committees were
not returned.
The receiver hasn't sued individual politicians for
reimbursement, but has been trying to persuade them to refund
donations voluntarily, with mixed success.
Sessions received $10,000 in campaign contributions from
Stanford, the largest amount among members of Congress who have
yet to refund contributions to the Stanford receiver. Sessions
received an additional $31,000 from other Stanford executives
and the Stanford Financial Group's Political Action Committee,
according to the Center for Responsive Politics.
Torrie Miller, a spokesperson for Sessions, said in an email
that Sessions would not give $10,000 to the Stanford receiver,
because Sessions had already "donated to charity" the dollar
amount of all contributions from individuals charged in the
case.
Stanford gave widely to members of Congress from Texas, his
home state and the location of many of his brokerage offices.
According to the receiver's report, Cornyn, who is chairman of
the NRSC, received $6,000 from Stanford - money that Cornyn has
not yet returned to the receiver.
TRIP TO ANTIGUA
In late 2004, Stanford paid for a three-day "financial
services industry fact-finding" trip for Cornyn and his wife to
Antigua and Barbuda, according to congressional financial
disclosure statements.
A spokesman for Cornyn, Mark Gosnell, said in a statement:
"Sen. Cornyn donated $4,000 received from Allen Stanford to Big
Brothers Big Sisters of America," a 100 year-old national
children's charity.
A number of the individual campaign committees of current
and former members of Congress received about $154,000 in
contributions from Stanford that have yet to be returned, based
on the receiver's last accounting in January, information
provided to Reuters by the receiver and from interviews with
members of congress and their staffs.
Among those who have turned over money to the receiver are
Boehner, who received $5,000 from Stanford; Reid, who received
$8,000; and McCain's presidential campaign committee, which was
given $2,300.
Of those who have paid the receiver, former Democratic
Senator Chris Dodd's presidential campaign and senatorial
campaign received and returned the highest amount of funds--
$27,500. Sen. Richard Shelby (R-Alabama), gave back the second
largest amount, $14,000. Calls to Boehner, Reid, Dodd, McCain
and Shelby were not returned.
Federal Judge David Godbey, who ruled in
favor of the receiver in June, of the Northern District of
Texas, said the campaign committees
"will endure no greater hardship than that suffered by other
innocent victims of the Stanford Defendants' Ponzi
scheme who must do the same." He added that while they may be
innocent beneficiaries of Stanford's largesse, "they are not
entitled to special treatment."
Many of Stanford's alleged American victims were middle
class-retirees, like Stan Kaufman, a retired Philadelphia school
teacher, and his wife, Linda, who lost their entire half
million dollar retirement fund. Stan Kaufman recalled in an
interview that he was lured to invest by a salesman who assured
him that Stanford's bank was heavily regulated and all of his
deposits assured.
"They stole everything," said Kaufman. "We worked hard our
whole lives. Even while teaching a full day, I always worked a
second job. We now have to watch every penny. We have taken
thriftiness to a new level."
It is unclear that there is much money left over for the
allegedly bilked investors. Last Monday, prosecutors
introduced evidence that Stanford in late 2008 assured his most
successful brokers that they had nothing to worry about because
the Stanford International Bank "was sitting on $5.1 billion." A
top aide, however, emailed him around the same time to say that
they only had about $173 million on hand.
Davis, Stanford's former deputy and the bank's former chief
financial officer, has testified that by December 2008, the
bank's reserves were a mere $88 million.
(Reporting by Murray Waas)
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