Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Beth Mason Campaign Contribution Laundering A Hoboken Journal Report
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Table of Contents Description of Events .............................................................................................................................................................. 3 Mason Committee Funding and Expenditures- For Reference.......................................................................................... 3 Beth Mason Voter Canvassing Payments ........................................................................................................................... 4 Beth Mason Voter Canvassing Payments - Continued........................................................................................................ 5 Contribution Limit Chart ......................................................................................................................................................... 6 Excerpts From Compliance Manual for Candidates ................................................................................................................ 7 What is a Contribution? ...................................................................................................................................................... 7 Definition of an Expenditure................................................................................................................................................ 7 Coordinated Expenses ........................................................................................................................................................ 8 Conclusion ............................................................................................................................................................................ 9 Question for Media to Ask ................................................................................................................................................ 9
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Description of Events In the days leading up to the November 2010 special Hoboken 4th Ward Council election Second Ward Councilwoman Beth Mason executed a number of donations to the campaign of Tim Occhipinti. Due to either the cumulative amount of the donations or the way they those contributions were enacted amounts to either an explicit violation of election law or a violation of the spirit of the law. Individuals are limited by law; see Contribution Limit Chart, to contributing a maximum of $2,600.00 to a candidate per election cycle. According to Tim Occhipinti’s campaign ELEC reports both Councilman Beth Mason and her Husband Richard Mason each made the maximum contribution in the 48 hours leading up to the election. Campaign committees are able to contribute to campaigns other than their own but are similarly limited in the amount that can be given. Campaign committees are limited to $8,200 per candidate per election cycle, see Contribution Limit Chart. Councilwoman Beth Mason’s list a monetary contribution to Tim Occhipinti’s campaign in the amount of $ 8,200 and Mr. Occhipinti’s ELEC report confirms the contribution and amount. Councilwoman Mason was not running for any office in November 2010 however she made 35 payments to individuals for a total amount of $5,965.00 for the purpose of “VOTER CANVASSING”. Main Issue: If any of these payments for "voter canvassing" were not for Congress or Sheriff then it would appear that Beth Mason has violated the ELEC laws as they pertain to the maximum allowable limits of personal and committee contributions. Given the focus of efforts by Beth Mason and her supporters on the Tim Occhipinti campaign, the Hoboken Journal finds it completely implausible that all of that additional in-kind money ($5,965.00) was not spent at least partially (if not all) on Tim's campaign. Any amount spent of that $5,965.00 on Tim's campaign would result in an actual ELEC violation in the opinion of the Hoboken Journal.
Mason Committee Funding and Expenditures- For Reference
Period R-1 13 (5/28/2010) R-1 14 (5/28/2010) R-1 15 (5/28/2010) R-1 16 (7/14/2010) R-1 17 (11/24/2010) R-1 18 (1/21/2011) Total
Mason Contributions
Non Mason Contributions
Expenditures
Total Raised
Total Expended
$12,504.63
$0.00
$18,727.29
$185,663.20
$190,793.80
($5,130.60)
$6,755.40
$2,850.00
$7,336.90
$195,750.69
$198,130.70
($2,380.01)
$14,229.60
$0.00
$18,933.01
$209,980.29
$217,063.71
($7,083.42)
$50,746.47
$0.00
$35,316.09
$260,726.76
$252,379.80
$8,346.96
$0.00
$0.00
$7,870.00
$260,726.76
$260,249.80
$476.96
$18,000.00
$0.00
$20,461.00
$278,726.76
$280,710.80
($1,984.04)
$102,236.10
$2,850.00
$108,644.29
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Total Difference
Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Beth Mason Voter Canvassing Payments
PAYMENT DATE
CIIECK NO.
11/03/2010
1181
11/03/2010
1182
11/03/2010 11/03/2010
11/03/2010
11/03/2010
1183 1184
1185
1186
11/03/2010
1187
11/03/2010
1188
11/03/2010
1189
11/03/2010
1190
11/03/2010
1191
11/03/2010
1192
11/03/2010
1193
11/03/2010
1195
11/03/2010
1194
11/03/2010
1196
11/03/2010
1197
11/03/2010
1198
11/03/2010
1199
11/03/2010
1200
PAYEE NAME AND ADDRESS
PURPOSE
FULL AMOUNT
PRO-RATA AMOUNT THIS REPORTING ENTITY
DERRICK COLWELL 164-30 108TH DRIVE JAMAICA NY 11424
ADMIN:OTHER - VOTER CANVASSING
$200.00
$200.00
JOSELINA CASTILLO 17 JEFFERSON AVE #2L HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$120.00
$120.00
KATHERINE DUCHE 40 BOORAEM AVE JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
$250.00
$250.00
PETER MATESIC 29 CAMBRIDGE AVE HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$270.00
$270.00
MADALYN KULAS 80 BROOKVILLE HOLLOW ROAD STOCKTON NJ 08559
ADMIN:OTHER - VOTER CANVASSING
$140.00
$140.00
CYNTHIA HOSSLER 139 EAST HIGH STREETT COALDALE PA 18218
ADMIN:OTHER - VOTER CANVASSING
$170.00
$170.00
PAIGE ARMSTRONG 835 CASSTLE POINT TERRESS HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$75.00
$75.00
HANNA LUPTGO 330 BLOOMBIELD AVE # 1 HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$75.00
$75.00
ELIZABETH MARTIN 4 CLEAVLAND PLACE SMITHTOWN NJ 11745
ADMIN:OTHER - VOTER CANVASSING
$60.00
$60.00
ELAINA BENNETT 52 12TH STREET HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$180.00
$180.00
BOBBY WILKES 1208 HUDSON STREET #10B HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
TYRON RUSSELL 52 12TH STREET HOBOKEN NJ 07030
ADMIN:OTHER- VOTER CANVASSING
$125.00
$125.00
BERNARD JEAN LOUIS 568 EAST 37TH STREET BROOKLYN NY 11201
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
MICHAEL ANDERSON JR 358 MONTGOMERY STREETT JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
TYREE RUSSELL 52 12TH STREET HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$125.00
MICHAELSON ALEXIS 11 GIFFORD AVE JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
JOSUE ROSARIO CRUZ 46 MANHATTEN AVE JERSEY CITY NJ 07302
$125.00
$125.00
$125.00
ADMIN:OTHER - VOTER CANVASSING
$255.00
$255.00
KATRINA ENCARNACION 409 STEGMAN PARKWAY JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
JAIRAHNA MANALASTAS 18 STEGMAN STREET JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
$175.00
$175.00
JOHATHAN MOLESKY 212 FOWLER AVENUE JERSEY CITY NJ 07302
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Beth Mason Voter Canvassing Payments - Continued
11/03/2010
1201
11/03/2010
1202
11/03/2010
1203
11/03/2010
1204
11/03/2010
1205
11/03/2010
1206
11/03/2010
1207
11/03/2010
1209
11/03/2010
11/03/2010
11/03/2010
1210
1211
1212
MAXIMS MACIAS 178 NORTH STREET JERSEY CITY NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$125.00
$125.00
EDWARD THORP 2 MARINE VIEW PLZ # 41 HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$230.00
$230.00
NATHANTEL ROSARIO 400 MARSHALL DRIVE # 6G HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$75.00
$75.00
LATHAN LENORD 37 CLENDENNY AVE HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$75.00
$75.00
STEFANIE DEJI 100 CENTRE MALL BROOKLYN NY 1 120 I
ADMIN:OTHER - VOTER CANVASSING
$75.00
$75.00
STEVEN MORALES 450 5TH STREET HOBOKEN NJ 07030
ADMIN:OTHER- VOTER CANVASSING
$140.00
$140.00
CHRIS MORALES 450 5TH STREET HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$80.00
$80.00
GABRIELLA GARCIA 303 JEFFERSON STREET #516 HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$80.00
$80.00
MATTHEW CALTCCHTO 501 MARSHALL DRIVE # 4G HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$150.00
$150.00
CARMELA GRECO 421 ADAMS STREET # 2L HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$325.00
$325.00
KARAH MCGUINESS 903 CASTLE POINT TERRACE HOBOKEN NJ 07030
ADMIN:OTHER - VOTER CANVASSING
$350.00
$350.00
ALEX LESIAK 325 23 RD STREET ARLINGTON VA
ADMIN:OTHER - VOTER CANVASSING
$1,000.00
$1,000.00
$50.00
$50.00
$120.00
$120.00
$120.00
$120.00
$5,965.00
$5,965.00
11/03/2010
1213
11/03/2010
1216
JOSELINA CASTILLO 17 JEFFERSON AVE #2L HOBOKEN NJ 07030
1218
JAMES MONACO JR HOBOKEN NJ 07030
11/3/2010
DAVID MACHUCA 659 1ST STREET HOBOKEN NJ 07030 11/03/2010
1219
ADMIN:OTHER - VOTER CANVASSING ADMIN:OTHER - VOTER CANVASSING ADMIN:OTHER - VOTER CANVASSING
Smoking gun: A total of $5,965.00 in payments were made on 11/3/2010 for voter canvassing
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Contribution Limit Chart From page 24 of Compliance Manual for Candidates
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Excerpts From Compliance Manual for Candidates What is a Contribution? A contribution is a transfer of money or other thing of value, made to, or on behalf of, a candidate or committee. Included in the definition of a contribution are loans, gifts, subscriptions, real property, and personal property. A contribution may be in the form of currency, check, or other negotiable instrument. A contribution may also be a non-monetary or “in-kind” contribution. Funds or other benefits received to determine whether or not an individual should become a candidate (“testing the waters”) are contributions. Contributions are subject to limits. A convenient chart for determining those limits can be found at the end of this section on “Contributions.”
* Page 11 of the New Jersey Compliance Manual for Candidates
Definition of an Expenditure An expenditure includes actual disbursements made and outstanding obligations incurred, but not yet paid, by the candidate or committee. The term “expenditure” includes every transfer of money or other thing of value, any pledge, commitment, or the assumption of liability to transfer money or other thing of value. For reporting purposes, the date of the expenditure is the date when the commitment is made or when the liability is assumed, which is not necessarily the date of the disbursement. The cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station, newspaper, magazine, or other periodical publication is not an expenditure in most instances.
* Page 25 of the New Jersey Compliance Manual for Candidates
Campaign funds received by candidate and joint candidates committees may be used six permissible ways: the payment of campaign expenses, the making of donations to certain charitable organizations, transmittal to another candidate or committee, the payment of overhead and administrative expenses, the pro rata repayment of contributors, and the payment of ordinary and necessary expenses of holding public office. Each of the six categories is discussed on the next page.
* Page 29 of the New Jersey Compliance Manual for Candidates
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
1.
The Payment of Campaign Expenses
2.
Donations to Charity
3.
Contributions to Others - A candidate or joint candidates committee may make contributions to other New Jersey candidates, candidate committees, joint candidate committees, political committees, continuing political committees, legislative leadership committees, or political party committees. Under New Jersey law, there is no restriction on a candidate committee or joint candidates committee making contributions to federal and out-of-state candidates, as well as federal and outof-state political action committees. Consult the law of the recipient entity for the applicable requirements of that jurisdiction.
4.
Payment of Overhead Expenses
5.
Pro Rata Repayment of Contributors
6.
Ordinary and Necessary Office Holding Expenses
Coordinated Expenses Whenever a committee (other than a candidate's own committee or joint candidates committee) makes an expenditure on behalf of a candidate, with the candidate's cooperation, or prior consent, or in consultation with or at the request or suggestion of the candidate, or any person acting on behalf of that candidate, the committee is required to provide immediate written notification to the affected candidate's committee(s). This type of expenditure is a "coordinated expenditure." Note that "immediate written notification" means a written notice which is delivered to the candidate or the committee within 48 hours of the making or authorizing of the expenditure. The notice shall contain the following: 1) The date of the making or authorizing of the expenditure; 2) The name and address of the payee; 3) The purpose of the expenditure; and 4) The amount of the expenditure. * Page 33 of the New Jersey Compliance Manual for Candidates
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Hoboken Journal Report on Possible Beth Mason ELEC Violations Tim Occhipinti 4th Ward Race 11/2/2010
Conclusion 1. Beth and Ricky Mason each gave $2,600 toward Tim Occhipinti's campaign and that was within the legal limits for individual contributors at $2,600 per person. The total was $5,200 for both of them. 2. Beth Mason gave $8,200 through her campaign committee which was within the legal limits of $8,200 for a campaign committee. While it did not violate any laws it did in my opinion violate the spirit of law with the personal campaign limits and was used as a mechanism to "wheel" around those restrictions. Mayor Dawn Zimmer's proposed reforms in the draft version of the revised Pay to Play ordinance submitted at the 2/2/2011 City Council meeting, includes changes to tighten up that loophole as well as others. Beth Mason tabled the resolution at that City Council meeting. 3. Councilwoman Mason was not running for any office in November 2010 however she made 35 payments to individuals for a total amount of $5,965.00 for the purpose of “VOTER CANVASSING�. If any of these payments for "voter canvassing" were not for Congress or Sheriff then it would appear that Beth Mason has violated the ELEC laws as they pertain to the maximum allowable limits of personal and committee contributions. Given the focus of efforts by Beth Mason and her supporters on the Tim Occhipinti campaign, the Hoboken Journal finds it completely implausible that all of that additional inkind money ($5,965.00) was not spent at least partially (if not all) on Tim's campaign. Any amount spent of that $5,965.00 on Tim's campaign would result in an actual ELEC violation in the opinion of the Hoboken Journal.
Question for Media to Ask The real news media should ask the following question to any of the canvassers paid. Were any of your activities related to Tim Occhipinti's campaign? If the answer is yes, I believe we would have an ELEC violation. Is the real media up to the task?
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