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With Roger Sollenberger, Political Reporter

Pay Dirt is a weekly foray into the pigpen of political funding. Subscribe here to get it in your inbox every Thursday.

 

The Big Dig this week… How a New HBO Doc Is Exposing the Biggest ‘Political’ Fundraising Scammers

Days after HBO released its new “Telemarketers” docuseries—which raises the curtain on decades of political, police, and charity telemarketing fraud—the producers got a major PR boost from an unexpected place: The Department of Justice.

 

Last week, federal prosecutors in the Southern District of New York indicted two of the country’s most notorious fundraising fraudsters—Richard Zeitlin and Robert Piaro—alleging that the duo had defrauded donors out of tens of millions of dollars over several years.

Scamalot

 

Zeitlin and Piaro allegedly ran “scam PAC” schemes, fraudulent fundraising operations that have plagued donors for years—despite civil suits, regulatory action, and numerous exposés from investigative journalists. Scam PACs are the latest iteration of good old fashioned charity fraud, with the operators exploiting loopholes in tax and election law that allow the groups to operate in what’s largely been seen as a legal gray area.

 

These political action committees in name only solicit money on behalf of groups with names that sound like charities—references to law enforcement, disabled veterans, firefighters, breast cancer victims, even autism—but in reality they plow almost all of the funds right back into the pockets of the telemarketers. Many of the targeted donors are elderly, though not all of them.

 

Zeitgeist

 

The stakes are not small potatoes. For instance, Zeitlin’s indictment contains the surreal allegation that, over the last 30 years, his call centers have raised “at least approximately hundreds of millions of dollars” for charities and PACs, through “at least approximately hundreds of thousands of calls to donors and potential donors.” Piaro, a PAC treasurer, is alleged to have raised approximately $28 million through his groups between 2017 and 2022.

 

Zeitlin has been charged with wire fraud and obstruction of justice, after allegedly destroying evidence upon learning of the federal investigation. Zeitlin, whom the government classified as a flight risk in court documents, is being detained pending trial; Piaro, also charged with wire fraud, posted a $2 million bond and surrendered his passport. They each face potentially decades in prison.

 

Earlier this year, The Daily Beast revealed a secret call center website whose PAC clients had raised more than $140 million over the last two election cycles alone. Almost all of those groups appeared to bear ties to Zeitlin or Piaro.

 

For perspective on how much money that is, Donald Trump’s flagship fundraising group—his “Save America” leadership PAC—has raised a total of $156 million. In 2021, The Daily Beast found that the top 25 PACs representing themselves as law enforcement and veterans support groups had raised more than $85 million over the prior four years; that’s $18 million more than the two top-raising U.S. House campaigns combined over that same time period.

 

Attorneys for Zeitlin and Piaro didn’t return The Daily Beast’s request for comment.

 

Jersey boys

 

But one-off arrests, no matter how significant, won’t stop scam PACs without legislative reform on a federal level. However, congressional lawmakers have tried and failed for years to make any headway on this bipartisan issue, a barrier that the filmmakers behind “Telemarketers” also confronted.

They know as well as anyone how maddeningly persistent these fraudsters can be—because they were once part of the con.

 

Sam Lipman-Stern, one of the two self-taught investigative journalists who bootstrapped the “Telemarketers” documentary series, worked in a New Jersey sham charity call center for years during the early 2000s.

 

“Every single person I told about this during the production process, literally every single one, would say, ‘Aren’t you scared they’ll come after you?’” Lipman-Stern recalled. “They’re talking about the owners of the companies, but they’re also talking about the police.”

 

Policing the police

 

He means that literally. Lipman-Stern and his sidekick Patrick J. Pespas met on the job, when both worked the phones for the since-shuttered Civic Development Group, raising money on behalf of fraternal orders of police officers and fake cancer charities.

 

“There’s definitely a dark irony to the whole thing,” Lipman-Stern told The Daily Beast. “You have all these people working with you there in the prison pipeline, who are now literally in the pocket of the police. These groups are holding back positive police reform around the country and they’re using ex-cons to raise money, and with the threat that if they don’t go along with it then they’ll say they’ve violated their probation.”

 

“These guys are just fucking crazy”

 

In return, the offices allow lawlessness. The documentary shows what at times seems like pure chaos in the call center—prostitution in the bathroom, shooting heroin and writing graffiti on breaks.

 

“You can do whatever you want as long as you’re making the sales,” Lipman-Stern said. “A lot of these guys are just fucking crazy. You can’t make them up. There are all these characters on the sales floor, but they go all the way up.”

 

He pointed to the Houston Metro Fraternal Order of Police Lodge 98, whose president at one time had his own telemarketing company. “And we learned that they were literally cooking meth in the office,” Lipman-Stern said.

 

Swamp creatures

 

But when he and Pespas grew wise to the scam, they made it their life mission to take down these networks, starting from the inside, and documented that difficult and at times dangerous effort for more than a decade.

 

The project eventually took them to Washington, D.C., where they met with officials at agencies like the Federal Trade Commission and the Federal Election Commission, as well as members of Congress. But they quickly found willpower to tackle the fraudsters was lacking in the halls of power.

 

In one poignant moment, they ask David Vladeck, former director of the Bureau of Consumer Protection at the Federal Trade Commission, why only the minor players seemed to pay the price, and why no investigators had taken down the larger organizations behind the scams.

 

“And even David Vladeck told us that they were scared, too—‘No one wants to be on the wrong side of the fraternal order of the police,’” Lipman-Stern recalled.

 

Devolution

 

The documentary traces how the fundraising scams evolved over time, responding to different crackdowns by finding the next loopholes, with new schemes, often run by the same network of people.

 

“It’s been going on essentially since the invention of the telephone,” Lipman-Stern said. “You can see articles from the New York Times in, like, the early 1900s about people calling to raise money for fake charities and the police.”

 

The latest iteration, since around 2017 or so, is the PAC era, as scammers opened up fake political groups outside the jurisdiction of the Internal Revenue Service, and where the fundraising operations themselves are largely beyond the regulatory scope of the FEC.

 

“It became really apparent that that was the new loophole. They have to disclose less information, they can keep more of the money, and they don’t have to tell donors what the percentages are,” Lipman-Stern explained.

 

PACs also offer another protection: Political speech enjoys almost blanket protection under federal law.

 

Bipartisan gridlock

 

With all these barriers to enforcement—regulatory loopholes, technological developments, sclerotic institutions, and flat-out intimidation—it’s worth noting that a permanent solution would actually appear to be a relatively simple stroke of the legislative pen. Even more confoundingly, the issue has bipartisan support.

 

In 2020, Rep. Katie Porter (D-CA) teamed up with Rep. Dan Crenshaw (R-TX) to do just that. They introduced the “Stop Scam PACs Act,” which provides a quick fix by striking one word.

 

But that bill, for whatever reason, still hasn’t gotten traction. Lipman-Stern holds out hope that his documentary, along with the recent indictments, will inspire lawmakers to finally make a change.

 

“Right now, I’m seeing that the International Union of Police Associations and the PACs are still calling,” he said, referencing data on a robocall website. “They’re doing it right now, literally as we’re speaking.”


Read the full story here.

 

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From Roger’s Notebook...

Death by commission. FEC investigations are rarely accused of being too efficient. The six-commissioner agency has been plagued by years of partisan gridlock, with the three Republican commissioners regularly hamstringing efforts to probe campaign finance violations. But on Wednesday, Republican FEC commissioner Allen Dickerson proposed substantial changes to the agency’s investigation process, introducing even more requirements that would allow commissioners to micromanage an already slow and often ineffective process.

 

Among other changes, the proposal would require the Office of General Counsel to not only provide a report supporting a recommendation to investigate a violation, but an “Investigation Plan” that must be approved with a minimum of four votes. These “Investigation Plans” will describe “the proposed scope and conduct of the anticipated investigation,” including information about each respondent, each witness, and methods of discovery.

 

One significant upshot of the proposal is that commissioners would be able to exercise pre-approval over witness lists and subpoenas. And if an ongoing investigation seeks to expand its targets and scope, the OGC must first get a four-vote majority approval.

 

The proposal also requires the OGC to regularly update the commissioners about ongoing investigations. It’s worth noting that the FEC’s investigative branch is already strapped for resources, and the agency hasn’t had an appointed General Counsel for a decade—the office has been run by two FEC career attorneys on an “acting” basis since 2013. In 2022, the FEC investigated 243 matters, securing a total $3.3 million in civil penalties.

 

Putting green. A new Washington Post report details how Florida Gov. Ron DeSantis and his aides routinely drew cash out of state lobbyists in exchange for access to the governor at select events.

 

“I could sell golf for $50k this morning,” one top aide and fundraiser wrote in a 2019 email, the Post reported. The email reportedly said that a “prominent Tallahassee lobbyist and his wife” wanted to golf with DeSantis and first lady Casey DeSantis, and that the lobbyist would “get money through a client” in order to score a round.

 

These fundraising efforts are commonly known as “bundling,” where lobbyists solicit and collect money for a candidate from a number of sources—including clients—under the donors’ appropriate names. The FEC requires federally registered lobbyists to disclose their bundling, but Florida state law does not. Florida law also bars donors from making “any contribution through or in the name of another, directly or indirectly, in any election.”

 

Sky’s the limit. Last week, a federal judge in New Mexico scrapped two provisions in state law that limited how much money state parties can give to candidates and local party affiliates. The ruling—in a lawsuit that the New Mexico GOP first filed 11 years ago—found that three of the limits enacted in a 2009 state anti-corruption law were unconstitutional: The $11,000 per election cycle limit on donations from state parties to gubernatorial candidates; the $5,500 limit for state parties to other candidates; and the $5,500 limit from state parties to local parties.

 

The decision said the state hadn’t proved that those limits mitigated the risk of an appearance of “quid pro quo corruption.” However, the ruling allowed two of the other limits in the law to stand: A $27,500 cap on individual contributions to state parties; and a $27,500 limit on donations from national parties to state parties for use in federal elections.

 

Tenneseein’ is Tennebelievin’. Former Tennessee GOP state senator Brian Kelsey was sentenced to 21 months in prison last week after his conviction on campaign finance crimes. Kelsey had been found guilty of concealing $91,000 that his state campaign committee transferred to the American Conservative Union—the entity that runs the Conservative Political Action Conference—to fund political ads backing his campaign. While Kelsey was convicted alongside co-conspirators, the ACU was not charged in connection to the scheme.

 

Beach read. Sen. Ted Cruz (R-TX) reported signing a deal with conservative publishing house Regenery last year that includes a jaw-dropping $1.1 million advance for two books, according to his financial disclosure last week. Cruz also reported receiving a $500,000 advance payment in 2022, but did not disclose any royalties.

 

Sen. Tammy Duckworth (D-IL) disclosed more than $462,000 in book royalties last year. Sen. Joni Ernst (R-IA), who received a $130,000 advance in 2020 and 2021, reported zero dollars in royalties. 

 

After The Daily Beast reported in 2021 that Cruz had been using campaign funds to promote sales of his book, the Campaign Legal Center filed complaints with the FEC and Senate Ethics Committee alleging the transactions were illegal.

 

More From The Beast’s Politics Desk

In a move with shades of his one-time 2022 GOP rival J.D. Vance, Ohio GOP Senate hopeful Bernie Moreno has attempted to scrub social media posts critical of the Jan. 6 attack and Trump. But as Ursula Perano and Sam Brodey found, Moreno—like Vance—didn’t quite clean out the catalog.

 

As Trump is besieged on several legal fronts, he refuses to give up on a hopeless lawsuit against Hillary Clinton that has already drawn $1 million in sanctions against him and his lawyer. Jose Pagliery reports on the new life Trump is breathing into the frivolous suit.

 

MyPillow founder and indefatigable election denier Mike Lindell is now asking his acolytes to use drones to monitor voting sites. Kelly Weill found one small problem with the plan: It could get you arrested.

 

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