Justice defends backlog of disclosure cases

The Department of Justice has no plans to change its policies on handling possible violations of the Lobbying and Disclosure Act, despite new reports that it has a backlog of 900 unresolved cases.

The backlog has led to withering criticism from watchdog groups, who argue it illustrates the low priority Justice places on lobbying disclosure violations. They also note that Congress signaled it wanted Justice to take a more aggressive approach when it approved a new lobbying law last year that increases fines and allows Justice to impose criminal penalties for some infractions.

{mosads}Channing Phillips, the spokesman for the U.S. attorney for the District of Columbia, which evaluates potential violations of the federal Lobbying and Disclosure Act, said Justice has no plans to devote more staff, time or attention to the cases.  

“Currently, the system in place is able to adequately handle the referrals received from Congress, which are given the appropriate degree of attention and scrutiny,” he said in response to questions.

Phillips said government prosecutors are “grateful” for Congress’s decision to add the criminal penalties, and noted that they will incorporate this new “tool” into their process of reviewing possible infractions.

Gerald Hebert, the executive director of the Campaign Legal Center, calls the 900-case backlog “disturbing” and plans to send a letter to Attorney General Michael Mukasey as early as Monday asking that the department give greater priority and resources to lobbying disclosure enforcement matters.

“These laws are really important to ensure that the public trusts our system of government and that people are going to be held accountable who violate the law,” Hebert said. “It doesn’t do the Department of Justice much good to have an image as a paper tiger when it comes to bringing cases that involve lobbying violations.” {mospagebreak}

The Bureau of National Affairs recently reported that in addition to the 900 outstanding cases, the Justice Department has never pursued court action against a Lobbying Disclosure Act (LDA) violator. In addition, there have been only three enforcement settlements reached in the law’s 12-year history.

Firms and individuals that are paid for lobbying Congress and the executive branch are required to register and file periodic reports with the House and Senate about the issues they’re working on and the amount spent for the lobbying activity.

{mosads}Last year, after public corruption scandals involving Reps. Randy “Duke” Cunningham (R-Calif.) and Jack Abramoff helped Democrats retake the majority in the House and Senate, Congress passed the Honest Leadership and Open Government Act. The act was aimed at clamping down on the relationship between lobbyists and members of Congress.

The new law requires organizations that lobby to file quarterly, instead of semi-annual, lobbying disclosure reports. It also increases civil penalties from a maximum of $50,000 to $200,000 and adds a criminal penalty of up to fie years in prison for “knowingly and corruptly” violating the disclosure law.

The law went into effect Jan. 1, and as part of it, earlier this month the Senate Office of Public Records for the first time revealed that it had referred 3,552 potential disclosure violations to the D.C. U.S. Attorney’s Office since 1996, when the original lobbying disclosure law went into effect.

Keith Morgan, a deputy chief in the civil division of the D.C. U.S. Attorney’s Office who supervises the process of investigating the referrals, said the office has reviewed a total of 2,300 cases, including 900 that are still unresolved.

He said the Senate’s 3,552 number refers to the amount of actual violations, while the Justice Department’s 2,300 figure relates to the number of lobbying firms or lobbyists involved.

The outstanding cases are in the process of being resolved and should be within the next month, Morgan said.  

The D.C. U.S. Attorney’s Office policy, he said, is to send a letter alerting the firm of the potential violation in an attempt to resolve the matter quickly, especially if it’s simply a missing filing or termination report, which make up the majority of the referrals. Most firms contacted readily comply and file the missing paperwork, he said.

In addition to their other duties, two assistant U.S. attorneys, an investigator and two clerks process the referrals, Morgan added.