Request for Investigation into Misuse of Public Resources for Campaign Activities by Xavier Becerra

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1 777 S. Figueroa Street 34th Floor Los Angeles, CA T F Amber Maltbie D amaltbie@nossaman.com Refer To File #: May 21, 2018 Attorney General Xavier Becerra C/o Attorney General's Office California Department of Justice Attn: Public Inquiry Unit P.O. Box Sacramento, CA Re: Request for Investigation into Misuse of Public Resources for Campaign Activities by Xavier Becerra To the Office of the Attorney General: Our firm represents Dave Jones for Attorney General We request that the Attorney General s office investigate Xavier Becerra for using, and allowing his candidate campaign committee for election to the Office of Attorney General to use, state resources for personal and campaign purposes. Such uses are in violation of Government Code section 8314(a) and provisions of the Penal Code. Government Code section 8314(a) provides that It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. Prohibited personal use means activities for which the purpose is for private gain or advantage, or an outside endeavor not related to state business. Prohibited campaign activity means activities that constitute campaign contributions or expenditures. Additionally, Penal Code section 424 broadly prohibits a public officer with oversight over public moneys from using those funds for his or her own benefit, and under Penal Code section 504, personal use is punishable as a felony and punishable by disqualification from holding public office. On or about May 16, 2018, the Xavier Becerra for Attorney General 2018 campaign committee began distributing several television commercials. Significant portions of these advertisements take place inside of the Stanley Mosk Library and Courts Building, a state facility located in Sacramento, California, including but not limited to portions of the advertisements which take place inside the courtroom of the California Supreme Court and Third District Court of Appeal. The courtroom of the California Supreme Court and Third District Court of Appeal was used as a courtroom set for filming of Mr. Becerra s commercials. (Exhibits A D.) On or about May 19, 2018, print mail was distributed by the Becerra campaign that incorporates scenes from inside the same courtroom. (Exhibit E.) Section 8314(b)(3) explicitly provides that for purposes of the prohibition, public resources include any property or asset owned by the state, including, but not limited to, land, buildings, and facilities. It appears Mr. Becerra used a state building both to v1

2 May 21, 2018 Page 2 further his election efforts for Attorney General, and to avoid incurring the costs of creating a courtroom scene for political advertisements, resulting in an in-kind contribution to his campaign. This is clearly in contravention of, at a minimum, Government Code section Government Code section 8314(c)(1) imposes penalties of up to one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. In this instance, the value of the unlawfully used public resources is best captured by the value of the commercials themselves, which is reflected in the amount Mr. Becerra s campaign paid to produce and air the commercials. Based on publicly available information, that amount is over $830,000. We now demand that, upon a finding that Mr. Becerra misused state resources for his campaign purposes and personal gain, the Attorney General s office seek civil penalties in the amount of not less than three times the value of all campaign ads distributed, or not less than $2,490,000. We also note that violations of Penal Code sections 424 and 504 may result in felony prosecution and removal from office, and urge the Attorney General s Office to enforce those provisions to the fullest extent. Recusal Required The Attorney General is authorized by Government Code section 8314 to impose and recover penalties for violations. Mr. Becerra is currently the Appointed Attorney General. As Mr. Becerra is the subject of this request for an investigation, he must recuse himself from participating in any aspect of this inquiry. Therefore, we request that a career prosecutor in the Attorney General s office appoint a special counsel who is also a career prosecutor to lead the investigation into Mr. Becerra s alleged violations of Government Code section 8314 and Penal Code sections 424 and 504. As the election is only 14 days away, and the harm caused by these violations to California s election process is immediate, we request an immediate response to this request. We look forward to your expeditious response. Sincerely, Amber Maltbie for Nossaman LLP AM:am v1

3 777 S. Figueroa Street 34th Floor Los Angeles, CA T F Amber Maltbie D amaltbie@nossaman.com Refer To File #: May 21, 2018 Fair Political Practices Commission Attn: Enforcement Division 1102 Q Street, Suite 3000 Sacramento, CA Re: Sworn Complaint of Violations of the Political Reform Act To Whom it May Concern: This letter is on behalf of the Dave Jones for Attorney General 2018 campaign to notify the FPPC of apparent reporting violations by the Xavier Becerra for Attorney General 2018 campaign committee ( the Campaign ) (FPPC ID # ). Violations of Sections 84300(d) On or about May 16, 2018, the Campaign began distributing several television commercials. Significant portions of these advertisements take place inside of the Stanley Mosk Library and Courts Building, a state facility located in Sacramento, California. On or about May 19, 2018, print mail was distributed by the Campaign that incorporates scenes from inside the same courtroom. California Government Code Section 8413 prohibits a state officer or employee from using state resources, including the use of state buildings and facilities, for campaign activities. To avoid violating this prohibition, it would have been necessary for the Campaign to use its campaign funds to recreate a courtroom scene for use in its advertisements. This may have been accomplished by constructing a courtroom scene, renting out a permissible venue, or using a green screen in the background. Instead, the Campaign received a substantial monetary benefit by using the Stanley Mosk Library and Courts building. According to the Campaign s most recently filed Form 460, no expenditures were made to rent or otherwise construct a replicated courtroom. To the contrary, it appears that the Campaign used the inside of the Stanley Mosk Library and Courts Building without incurring any costs to the campaign. Although such use of a state building for campaign purposes is impermissible under Section 8314, the Political Reform Act requires any in-kind contribution of $100 or more to be reported on a campaign s Form 460. Therefore, it appears that an in-kind contribution valued at the amount it would cost to replicate the Stanley Mosk Library and Courts Building courtroom has not been properly reported by the Campaign as required by Government Code Section 84300(d).

4 May 21, 2018 Page 2 Given the ongoing harm to the public s right to thoroughly assess candidates through information only available on campaign finance reports, we urge the Fair Political Practices Commission to expeditiously address this matter. Sincerely, Amber Maltbie for Nossaman LLP AM:am2

5 777 S. Figueroa Street 34th Floor Los Angeles, CA T F Amber Maltbie D amaltbie@nossaman.com Refer To File #: - May 21, 2018 Xavier Becerra C/o Xavier Becerra for Attorney General S. Figueroa Street, Suite 4050 Los Angeles, CA Re: Cease and Desist Distribution of Illegal Advertisements To Whom it May Concern: This letter is on behalf of Dave Jones for Attorney General We demand that you immediately cease and desist distributing the following television advertisements produced in violation of California Government Code section 8314: Got Your Back Jerry Brown for Xavier Becerra Xavier Becerra Esta Contigo California s Defender We also demand that you cease the production and dissemination of any other form of advertisement that uses images obtained in violation of Government Code Section 8314, including, but not limited to, internet advertisements, commercials, social media ads, or print mailers. Government Code section 8314 provides that It shall be unlawful for any elected state officer, appointee, employee, or consultant to use or permit others to use state resources for a campaign activity, or personal or other purposes which are not authorized by law. This applies to all state resources, including state facilities. Significant portions of the above referenced ads take place inside of the Stanley Mosk Library and Courts Building located in Sacramento, California. Use of the inside of the Stanley Mosk Library and Courts Building as a film set for campaign advertisements is contrary to Government Code section Violations of Section 8314 are subject to penalties up to $1,000 per day for each day that they occur and three times the cost of the misuse. It is indisputable that the conversion of a state courtroom into a campaign film set, in lieu of recreating a courtroom scene through purchasing scene materials with campaign funds, v1

6 May 21, 2018 Page 2 provided your campaign with a significant monetary gain. Additionally, such use added the imprimatur of the august and historical courtroom used by the State Supreme Court to your campaign, a distinct benefit for a candidate in the race for Attorney General and one that was certainly not lost on you. You are on notice that a proceeding will be initiated to permanently enjoin the continued distribution of these illegally-produced advertisements if the campaign does not immediately, and voluntarily, cease any further distribution. Sincerely, Amber Maltbie for Nossaman LLP AM:am v1

7 777 S. Figueroa Street 34th Floor Los Angeles, CA T F Amber Maltbie D amaltbie@nossaman.com Refer To File #: May 21, 2018 To: Station Manager Re: Cease and Desist Distribution of Illegally Produced Campaign Advertisements This letter is to demand that your station cease and desist distributing television advertisements produced by the Becerra for Attorney General 2018 campaign. The following advertisements were produced in violation of California statutes prohibiting using public resources for campaign purposes: Got Your Back Jerry Brown for Xavier Becerra Xavier Becerra Esta Contigo California s Defender (See Exhibits A D.) Government Code section 8314 provides that It shall be unlawful for any elected state officer, appointee, employee, or consultant to use or permit others to use state resources for a campaign activity, or personal or other purposes which are not authorized by law. This applies to all state resources, including state facilities. Significant portions of the above referenced ads take place in portions of the Stanley Mosk Library and Courts Building located in Sacramento, California. Use of the Stanley Mosk Library and Courts as a film set for campaign advertisements is contrary to Government Code section Violations of Section 8314 are subject to penalties up to $1,000 per day for each day that they occur and three times the cost of the misuse. Your station is on notice that a proceeding will soon be initiated to permanently enjoin the continued distribution of these illegally-produced advertisements. In the interim, your station may avoid facilitating a continuing violation of Government Code Section 8314 by immediately ceasing any further distribution of the ads described above. Thank you in advance for your prompt attention to the urgent matter v1

8 May 21, 2018 Page 2 Sincerely, Amber Maltbie for Nossaman LLP AM: v1

9 v1 EXHIBIT A

10 Got Your Back Seconds 1-3 Seconds v1

11 Seconds v1

12 v1 EXHIBIT B

13 Jerry Brown Seconds Seconds v1

14 v1 EXHIBIT C

15 Xavier Becerra Esta Contigo Seconds 2-6 Seconds Seconds v1

16 v1

17 v1 EXHIBIT D

18 California s Defender Seconds 3-6 Seconds v1

19 Seconds v1