How so? In my opinion, here's how:
(1) Mike DeFusco didn't file as part of "Team DeFusco for Hoboken" - he is the only mayoral candidate that did not. The others: Team Bhalla, Team Giattino and Team Romano are each the whole 4-person ticket: mayoral and At-Large candidates.
Which leaves Team DeFusco for Hoboken one candidate short- with only these 3: Vanessa Falco, Michael Flett and Andrew Impastato.
TEAM DeFUSCO for HOBOKEN
FRONT
BACK
There are legal consequences for DeFusco leaving himself off of the "Team." Such as:
(1) Hoboken's § 20D-4A limits PAC/committee contributions to the 3-person Team DeFusco to $1,500 ($500 per candidate).
(2) § 20D-4B limits the transfer of money between "Mike DeFusco for Mayor" and "Team DeFusco" to $8,200 dollars (instead of unlimited money trasfers) because the mayoral candidate is separate from the committee.
(3) § 20D-7A, B, C, OUCH... Here comes the bus!
The candidates of Team DeFusco for Hoboken are responsible to refund excess contributions within 30 days of becoming aware of the violations, and are subject to penalties equal to 4 times the amount of the contribution made.
What a coincidence! The Big PAC money appears to have flowed into the Team account.
The following chart lists the PAC/committee contributions to Team DeFusco that GA believes violate Hoboken's P2P. If my calculations (see chart), are correct, the Team DeFusco for Hoboken must refund a total of $75,800 to comply with Hoboken's Pay-to-Play law.
Now, GA is no lawyer, but it seems to me that Mike DeFusco is not on the hook for any Team DeFusco for Hoboken refund. He has not certified a single Team DeFusco for Hoboken ELEC.
On purpose or not, Mike DeFusco let the big PAC money roll in to his "team" so in case of any contribution limit issues (from ELEC or the City of Hoboken)...
On purpose or not, Mike DeFusco let the big PAC money roll in to his "team" so in case of any contribution limit issues (from ELEC or the City of Hoboken)...
WOOOOSH!
Under the bus!
Vanessa Falco, Andrew Impastato, and Michael Flett have to ask themselves, was this an innocent mistake?
Wow, nice guy. I'd be pretty annoyed with him right now if I were one of his former running mates - and one of them will be sitting up there on the CC. Can't wait to see the fireworks.
ReplyDeleteOn December 7th at 11:15 AM, Hoboken's wirst ward councilman wrote on his Facebook page "It is absolutely unprecedented to have an outside Super PAC funnel in over $70k into a local mayor’s election." No wonder he couldn't file on time.
ReplyDeleteIncompetent?
Unethical?
Fraudulent?
All of the above? And it's absurd that he's chairman of the economic development transition team.
Mike DeFusco for Mayor's July 15 ELEC shows (by my calculations) he needs to refund $9,900 in PAC/committee contributions. Still more to do. Oink oink.
DeleteI suppose it's possible that DeFusco just accidentally messed up but including all the candidates in a joint committee is pretty basic.
ReplyDeleteIt sure looks like he knew he was planning to ignore Hoboken's anti-wheeling law and was trying to insulate himself from potential liability while throwing his ticket mates under the bus.
Pretty scummy if that's what he was doing, especially since the council candidates almost certainly had no say in DeFusco's decision to simply ignore the City's Ordinance.
If it was deliberate, he is a scumbag. If it was an accident, he is an idiot. Either way we dodged a bullet and I am glad he lost.
Deleteupdate: OJ's still searching for the real killer.
ReplyDeleteEduardo's dad gets to sign the forms. He'll be the first one under the bus if it goes that way.
ReplyDeleteunrelated but must be said: ALA-FREAKIN-BAMA!!!
ReplyDeleteSomething is off about this maneuver. Flett and Gonzalez are both in banking and finance, Impastato runs a business, Falco has a degree in business management, and it isn't Yacco's first political rodeo. So what advantage does DeFusco or his contributors have by making what appears on its face to be an amateur mistake?
ReplyDeleteI smell a rat.