Hours after being implicated in a Philadelphia political corruption scheme, DC political strategist Tom Lindenfeld found himself cast out of Democratic mayoral nominee Muriel Bowser's inner circle.
Bowser, who touts her patience and loyalty with people, cut her ties with Lindenfeld not long after he was identified as fitting the description of a political consultant who served as the bagman in a plot to hide an illegal $1 million loan. Such a role would be a big turn for a longtime DC political operative who relished walloping Mayor Vince Gray over the scandal surrounding his 2010 campaign and was enlisted by the Washington Post to write a high-dudgeon editorial about cleaning up municipal politics. But it appears a campaign that Lindenfeld advised in Philadelphia did not always follow his published advice.
According to documents entered in federal court Wednesday in Philadelphia, ten-term US Representative Chaka Fattah’s 2007 mayoral campaign did not disclose $1 million borrowed from a benefactor believed to be Al Lord, the former chief executive of student-loan giant Sallie Mae. The guilty plea for Fattah aide Greg Naylor states that he and his boss attempted to pay off the $1 million and other campaign loans by funneling federal grant money through nonprofit organizations and political consulting firms.
Naylor’s plea document lists “Person B,” described as “a founder and partner in a Washington, D.C. political consulting firm,” serving as the courier. The Philadelphia Inquirer and Daily News reported Wednesday that this characterization fits Lindenfeld, who consulted for Fattah’s 2007 race. According to plea, this individual and his company took the money around April 2007, when Fattah’s campaign looked doomed. Person B spent about $600,000 on Fattah’s behalf, including $200,000 in “walking-around money.” ("Walking-around money" is not alien to Lindenfeld's DC campaigns. Bowser's finance reports list hundreds of people who were paid up to $200 for canvassing the District in the days leading up to this year's Democratic primary on April 1.)
Person B returned the $400,000 balance after Fattah lost the 2007 election, but soon after, the source of the loan called in the other $600,000, which was not included in the campaign’s outstanding debt. With Fattah’s illicit benefactor pleading “acute financial difficulty,” prosecutors say Fattah arranged for a nonprofit organization to transfer money it received from the Sallie Mae Fund and federal grant programs to a company run by another individual identified only as “Person C.” That person’s and Person B formed a “strategic partnership” in January 2008, with the Sallie Mae and federal money first going from the nonprofit group to Person C’s company, and then onto Person B’s company, which resembles Lindenfeld's LSG Strategies, before finally being paid back to the original donor.
It was a stressful, high-stakes scheme, according an e-mail from Person B to Person C with the subject line, “You are killing me.”
“I made a commitment based on yours to me,” Person B wrote in the January 30, 2008 message. “Please don’t drag this out. I have a lot on the line.”
The transfer went through the following day, but the scheme started to unravel two months later, when the Justice Department started auditing the grant it issued to the nonprofit. Naylor’s guilty plea states that Person B’s District-based political consulting firm never did any work to justify a $600,000 payment from Person C’s outfit. Fattah is currently running for his 11th House term.
Find Benjamin Freed on Twitter at @brfreed.
“Here is the bottom line: if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you.”
Try the Washington Post.
The advice comes from a veteran police officer, writing on the Post’s PostEverything site, which since its launch been a reliable bucket of patently offensive takes on issues that are consuming the rest of the internet (recently, two university professors wrote on PostEverything that marriage is the best antidote to domestic violence). Los Angeles Police Department officer Sunil Dutta takes up the question of how to avoid running afoul of the police, Michael Brown, the 18-year-old shot at least six times and killed August 8 by Ferguson Police Officer Darren Wilson.
“Don’t argue with me, don’t call me names,” Dutta writes. “Don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge.”
In other words, shut up and take it, because even the slightest bit of intransigence is grounds for the cops to unleash a world of hurt. If you've got complaints, shelve them for later, Dutta says.
"Do what the officer tells you to and it will end safely for both of you," he writes. "We have a justice system in which you are presumed innocent; if a cop can do his or her job unmolested, that system can run its course. Later, you can ask for a supervisor, lodge a complaint or contact civil rights organizations if you believe your rights were violated." Or, wait for your complaint to get buried under mountains of paperwork and or dismissed outright. In DC, for instance, only 66 of the 358 complaints filed last year against Metropolitan Police Department officers were sustained, according to figures released this week.
Dutta admits that he, like nearly every other observer in this case, doesn’t know exactly what transpired before Wilson fired his gun, but Dutta’s take on the Ferguson situation is dosed with enough experience—in addition to spending 17 years with the LAPD, he also moonlights as a college instructor in Colorado—to make his points at least appear logical. But to say that putting up a verbal argument warrants bringing out the billy clubs, stun guns, or actual guns only stokes what’s been seen coming out of Ferguson in the past week—images of peaceful demonstrators being met with a lines of officers rigged with military-grade equipment, marchers being fogged with canisters of tear gas, and people being slugged with rubber bullets after not moving quickly enough.
Dutta tries to generate some sympathy for the cops, writing, “An average person cannot comprehend the risks and has no true understanding of a cop’s job.” Neither does Dutta, however, if he thinks encounters with police officers can only end with immediate submission or the deployment of overwhelming force.
That’s the argument by New York Police Department Sergeant Jon Murad, another scholar-cop who wrote on his blog over the weekend that even if Brown did physically engage the officer who shot him, if he signaled his surrender, Wilson’s gun should have remained holstered.
“Shooting someone trying to take your gun is lawful, especially if he’s a significant physical threat; shooting someone surrendering with their hands up is not, even when it’s the same guy and mere seconds separate the events,” Murad writes.
Murad assessment is more sober, though far less click-baiting than something that screams “I’m the police! Do as I say or else!”
One of the many issues at play in the unrest in Ferguson, Missouri after a police officer there shot and killed an unarmed black teenager is that the police department in the St. Louis suburb is 94 percent white in a town where two-thirds of the population is black. The disparity has exposed deep faults that can arise when a police force is not representative of the community it serves.
For all of the Metropolitan Police Department’s faults, though, that doesn't appear to be one of them, according to an annual report made public Monday. Fifty-seven percent of the department’s nearly 4,000 sworn officers are black, 33 percent are white, and seven percent are Hispanic. Two of the department’s six assistant chiefs are black, as are six of the seven district commanders.
The Metropolitan Police Department investigated 35,499 crimes in 2013, about the same number as in 2012, according to an annual report made public Monday. Beneath that generally stable number, though, were sharp increases in homicides, sexual assaults, and rapes.
One hundred four people were murdered in DC last year, an 18 percent jump over the 88 who lost their lives in 2012. While the 104 slain last year includes the 12 victims of the September 16 massacre at Washington Navy Yard, it picks at a general uptick in the city’s homicide rate after several years of decline. The District has recorded 73 murders so far in 2014, up from 57 at this point a year ago, or a jump of 28 percent.
For yet another year, an overwhelming majority—78 percent—of DC’s homicide victims were black men.
Police also report a 15 percent increase in the number of sexual assaults reported citywide, from 259 to 298. Meanwhile, the number of reported rapes leaped from 236 in 2012 to 393 last year. But MPP spokeswoman Gwendolyn Crump tells Washingtonian via e-mail that those figures cannot be accurately compared because last year’s figure reflects a long overdue update in how the FBI’s Uniform Crime Reporting system, which police departments use to record crime data, defines “forcible rape.” The new definition covers any penetration, no matter how slight, without consent of the victim; the previous terminology, defining rape as “the carnal knowledge of a female forcibly and against her will,” hadn’t been changed since 1927. Crump says 27 percent of rapes reported last year fell under the new definition.
The 41,747 arrests MPD made last year is a slight drop from the 42,471 in 2012. Of the total arrests, 3,177 were of juveniles. What were the most common causes of arrest?
- Simple assault: 6,720
- Narcotics: 5,866
- Traffic violations: 4,656
- Warrant charges: 4,624
- Other: 2,210
- Disorderly conduct: 2,194
Arrest data is not broken down by race, but external reports in years past show deep racial divides among who gets arrested. More than eight out of ten people arrested in DC between 2009 and 2011 were black, according to a report issued last year by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. The division is even more extreme for drug arrests, with blacks accounting for nearly 90 percent of marijuana-related arrests, according to a study by the American Civil Liberties Union. With a decriminalization law now in effect for possession of one ounce or less, the number of drug-related arrests could fall greatly in next year’s MPD report.
The annual report also contains a few other fascinating statistics about the city’s crime rate and the police department that patrols it.
There were 10 more deaths caused by motor vehicles in 2013 than the year before, including 12 pedestrians and two cyclists.
Use of force:
District police officers shot and killed five suspects last year, including Navy Yard gunman Aaron Alexis, who was taken down by Officer Dorian DeSantis. DeSantis and 55 other officers who responded to the massacre were given MPD’s Medal of Valor in February.
There were 358 complaints lodged against police officers in 2013, but of those, only 66 were sustained upon review, while another 75 remain under investigation. Of the total number of complaints filed, 50 were for abuse of authority, 34 were for excessive use of force, and 53 were for rude and unprofessional behavior. There were also eight complaints of illegal searches. The report does not break down which complaints were dismissed and which were verified according to category.
Find Benjamin Freed on Twitter at @brfreed.
The death this week of James Brady—the White House Press Secretary who was critically wounded in the 1981 assassination attempt on President Ronald Reagan—will be investigated by the Metropolitan Police Department as a homicide, a DC police source tells Washingtonian.
Brady, 73, died in Alexandria on Monday and underwent an autopsy at the Office of the Chief Medical Examiner of Virginia. Virginia officials then turned their findings over to DC authorities, the medical examiner’s office says.
The homicide finding means that would-be assassin John Hinckley Jr. could be charged with Brady’s murder more than 30 years after the shooting outside the Washington Hilton in Dupont Circle. Brady took a bullet to the head and was left with permanent brain damage, short-term memory loss, and partial paralysis that forced him to rely on a wheelchair for the rest of his life.
Hinckley, who now resides at St. Elizabeths Hospital for the mentally ill, in Southeast DC, was found not guilty by reason of insanity in his 1982 trial for his assassination attempt. Now 59 years old, Hinckley has been permitted to leave the hospital—with a Secret Service tail—to visit his elderly mother in Williamsburg, Virginia. Last December, a federal judge ruled Hinckley could spend up to 17 days a month outside the hospital.
Find Benjamin Freed on Twitter at @brfreed.
A Maryland man pleaded guilty Monday to scamming drunk Washingtonians by offering them late-night rides and convincing them to give him their ATM cards and personal banking information, racking up more than $200,000 in the process. The twist? Nyerere Mitchell conducted his scheme wearing a woman’s wig and padded breasts, pretending to be a female taxi driver behind the wheel of his silver Land Rover.
Mitchell, 50, ran his faux-taxi operation from April 2009 to November 2013, says the office of US Attorney Ron Machen. After donning his disguise, Mitchell drove to bar-heavy neighborhoods including Chinatown, Adams Morgan, and Dupont Circle, offering rides to young people who appeared to be intoxicated and looking for a way home. In order to get cash from his victims, Mitchell would pull up to drive-through ATMs that could only be accessed from the driver’s side. Mitchell would then ask his passengers to turn over their ATM cards and personal identification numbers and withdraw several hundred dollars rather than the $10 to $40 fares he advertised. He would then usually give back a different card he had stolen from someone else and use freshly swiped cards over the next several days to withdraw more money. Prosecutors say Mitchell conned enough people that he could easily substitute similar-looking bank cards so his victims didn’t realize until they sobered up.
Police turned up a shoebox containing 205 stolen ATM cards when they arrested Mitchell last November. They also found a wig he appeared to be wearing in a bank surveillance video. Mitchell pleaded guilty to five counts of felony fraud, each of which is punishable by up to ten years in prison. He was ordered to repay $228,036, and will remain behind bars pending his sentencing in October.
Since 2008, the EPA has circulated a most-wanted list—like the FBI’s, only these crimes sound like plots from a Captain Planet episode. Here are some outlaws recently bagged by EPA agents, and the most notorious still on the lam.
Crime: Allegedly conspired to dump mining waste on public land.
Background: The German-born former president of a Ne-vada mining company, Kuhn fled the US after being indicted for illegally disposing of arsenic and lead in 2010. Though the EPA works with Interpol and other foreign agencies to bring in fugitives like Kuhn, “these folks may never set foot on US soil again,” says Parker.
Status: Believed to be in the Vancouver area.
Crime: Dumping corrosive chemicals and industrial cleaners on soil and in sewers.
Background: This owner of a Utah chemical company fled before his 2008 trial could begin, but eight months later a tipster gave up Baggett’s hiding spot in the Florida Keys. He was arrested after a shootout with EPA agents and local law enforcement.
Status: Serving a 20-year sentence for polluting and for aggravated assault on law-enforcement officers.
Crime: Charged with selling R-12 Freon, a banned cooling substance smuggled from Mexico.
Background: In response to a 1987 international agreement to reduce ozone-depleting chemicals, Congress slapped prohibitive taxes on certain aerosols. “On the street, a cylinder the size of a gas-grill tank can sell for $300 or $400,” says EPA Criminal Investigation Division director Doug Parker. “They may be smuggling it at a fraction of that.”
Status: At large, possibly in Syria.
Crime: Selling fraudulent asbestos-removal training certificates.
Background: The EPA requires people dealing with hazardous substances to undergo 40 hours of training. Convicted in 2008 of conspiracy and fraud after undercover IRS agents bought faked certificates from her forgery ring, Deleon hid in the Dominican Republic for two years before being arrested and extradited.
Status: Serving an 87-month prison sentence
Former Washington tight end Fred Davis is wanted by Metropolitan Police Department on a domestic violence charge, a police spokesman confirms to Washingtonian. Davis, 28, is accused of simple assault in an incident that occurred during the early hours of June 2 on 18th Street, Northwest, in Adams Morgan.
The assault allegation marks another episode in Davis’s turblent, six-year career in Washington. Davis, who suited up in burgundy and gold from 2008 to 2013, was suspended indefinitely by the NFL in February for violating the league’s substance-abuse policy. A day later, he was arrested by Fairfax County Police for drunk driving, although a judge dismissed the charge for lack of evidence.
Davis also has a history of domestic assault. A DC Superior Court judge ruled last September that there was a “preponderance of evidence” that Davis assaulted a woman at a DC nightclub in 2011. Davis was ordered to pay his accuser nearly $20,000 after a civil trial.
DC police are asking for the public’s assistance in locating Davis, who lives in Leesburg, offering a reward of up to $1,000 for information that leads to Davis’s arrest and conviction. At six-foot-three and about 250 pounds, he should be hard to miss.
Find Benjamin Freed on Twitter at @brfreed.
Capitol Police arrested a House staffer Friday morning for carrying a nine-millimeter handgun and magazine into a congressional office building.
Ryan Shucard, the press secretary for Pennsylvania Republican Tom Marino, was arrested at about 9:15 AM when the Smith & Wesson pistol turned up as he attempted to pass through security on his way to work at the Cannon House Office Building, according to a police statement. People entering buildings on the Capitol campus, including badge-carrying employees, are required to pass through airport-style metal detectors.
Shucard is charged with carrying a pistol without a license, which is a felony, and is being held at the Capitol Police’s headquarters. Under DC’s gun laws, which are some of the strictest in the nation, carrying a gun outside one’s home or place of business is punishable by up to five years in jail and a fine of up to $5,000.
Marino’s chief of staff, Bill Tighe, says Shucard, who lives in Virginia, was placed on an unpaid leave of absence. But Tighe adds that Capitol Police have informed Marino's office that Shucard might have brought the gun to work by mistake.
"They have said to us they have no reason to believe it's anything but an accident," Tighe tells Washingtonian.
Shucard’s arrest bears some similarities to a 2007 incident in which Phillip Thompson, an aide to then-Senator Jim Webb, was arrested after carrying a gun to work. Prosecutors dropped their charges against Thompson after Webb told them Thompson “inadvertently” brought the gun into the Capitol.
If Senator Rand Paul wants to lead the club of congressional interlopers who like to mess around with the District’s laws, he could at least take a statistics course first. Paul, the Kentucky Republican and Tea Party icon, is trying to amend a hunting and fishing bill with a provision that would gut DC’s stringent gun laws.
Paul wants to get rid of the District’s firearm registration requirements and the ban on semiautomatic handguns—measures he says are necessary because, he claims, DC sports the highest murder rate in the nation. From the text of his amendment:
“The District of Columbia has the highest per capita murder rate in the nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses.”
A crucial caveat here: DC has the highest homicide rate when measured against states, with 13.9 per 100,000 residents, according to the FBI’s uniform crime reporting for 2012. But the District, as it bears reminding Paul, is a city, not a state, and should be compared against other cities. The junior senator from Kentucky just made the same mistake as those websites that churn out silly rankings like “US States Most and Least Likely to Survive the Zombie Apocalypse.” (For the record, DC is 49th. Take that, Mississippi and New Jersey!)
As far as cities are concerned, that same FBI crime report puts the District’s homicide rate at eighth among cities with a population of at least 500,000. That’s not great, and it’s worth taking that ranking with the knowledge that homicides this year are up 49 percent over the same point in 2013.
But this is more about Paul attempting to burnish his political cred by foisting his whims on the District. His amendment is similar to one raised last year in the House by Representative Jim Jordan, an Ohio Republican with visions of taking over the House Oversight Committee, a perk of which is being DC’s congressional overlord. Advocates for DC legislative autonomy and statehood sound sick of these antics.
“Can you believe we’re here again?” says Kimberly Perry, the executive director of the pro-statehood group DC Vote. “I mostly want people to know Senator Paul continues to ignore his small-government principles. It’s not only offensive, it’s hypocritical and completely out of touch with local concerns.”
Delegate Eleanor Holmes Norton is also exasperated, noting that this is not Paul’s first foray into needling the District. In a statement, her office slams Paul for sinking a 2012 bill that would have granted DC budget autonomy from Congress with an amendment that would have blocked the District government from paying for abortions for low-income women.
A federal judge ruled in May that the District’s current gun laws, including the ban on owners carrying handguns outside their homes, are constitutional. Paul’s amendment also seeks to overturn it.
The amendment will likely disappear, perhaps along with the Sportsmen’s Act he attached it to, a relatively inoffensive measure to relax fishing and hunting restrictions on federal lands. According to Politico, Paul isn’t the only senator floating controversy-stoking amendments, making it possible that the Sportsmen’s Act will suffer death by a thousand parliamentary procedures.
Another onetime DC Council candidate headed to court Monday to face charges connected to admitted shadow campaign major-domo Jeffrey Thompson.
Jeff Smith, a public education advocate who ran for the Ward 1 Council seat in 2010, pleaded guilty to making false statements to the District’s Office of Campaign Finance about donations to his campaign. Smith and Thompson, prosecutors say, covered up contributions well in excess of the city’s $500 individual limit for ward races.
Smith, who held a seat on the old DC School Board, is currently employed as the executive director DC Voice, a nonprofit group that promotes school reform. DC Voice could not be reached for comment about the charge against Smith.
Falsifying campaign finance records can carry a penalty of up to five years in prison. According to the complaint filed by US Attorney Ron Machen, Thompson funneled money to Smith from his accounting firm and the holding company for his Medicaid contracting company. The money was used to pay for campaign services and materials ordered either by Smith himself or campaign associates under his direction, the complaint reads.
Council member Jim Graham won the 2010 race with 57 percent of the vote; Smith split the remainder evenly with neighborhood activist Bryan Weaver. (Graham lost his bid for a fifth term in this year’s primary.)
While the complaint does not say how much money Thompson dropped on Smith, Thompson said he spent $140,000 in unreported funds on the race as part of his guilty plea in March. In total, Thompson spent more than $2 million illegally on more than two dozen federal and local candidates over a six-year period, including $668,000 on behalf of Mayor Vince Gray in 2010. (Gray has not been charged with any wrongdoing.)
Smith is the second beneficiary of Thompson’s largesse to enter a guilty plea this month. Kelvin Robinson, an aide to former Mayor Anthony Williams, pleaded guilty June 3 to taking $33,500 from Thompson in 2010 for two unsuccessful DC Council races.
UPDATE, 3:39 PM: In court Monday afternoon, Smith admitted Thompson gave his campaign more than $140,000 following a spending plan he gave Thompson in March 2010. Smith and Thompson first started discussing the scheme in December 2009, according to a statement of offense filed in court.
Thompson's unreported generosity nearly matched Smith's on-the-books war chest. According to a December 2010 campaign finance filing, Smith reported spending $143,000 for his unsuccessful Ward 1 bid.
Smith faces between six and 24 months of prison or probation, according to a plea document. Prosecutors also agreed not to pursue charges against Smith's family Arielle Etienne-Edmondson, his deputy at DC Voice. But the Thompson fallout is far from done, Machen says in a press release trumpeting Smith's guilty plea.
"We commend Jeff Smith for acknowledging his misconduct and will press forward with our efforts to hold accountable all those who participated in under-the-table deals with Jeff Thompson," he says.