Friday, August 06, 2004
Copyright © Las Vegas Review-Journal

CAMPAIGN VIOLATIONS: Grand jury indicts Moncrief

Councilwoman faces five felony counts stemming from 2003 bid for office

Janet Moncrief Las Vegas councilwoman faces counts of perjury, filing false documents

A Clark County grand jury on Thursday indicted Las Vegas Councilwoman Janet Moncrief for campaign violations committed during her 2003 bid for office, according to sources close to the state investigation.

The indictment on four felony counts of filing false documents and one felony count of perjury will be unsealed this morning before Chief District Judge Kathy Hardcastle, a source told the Review-Journal.

Moncrief, who for 12 months has been the subject of a state investigation, is alleged to have under-reported campaign donations and expenditures. Candidates for public office file financial disclosures under the penalty of perjury.

Moncrief is also accused of anonymously mailing fliers attacking her opponent in the 2003 municipal race, then-Ward 1 incumbent Councilman Michael McDonald.

The freshman councilwoman, who took office amid a flurry of allegations that prompted the probe, is believed to be Nevada's first sitting elected official to be indicted for violating state campaign law. If convicted, she could face more than four years in prison. Also, a felony conviction would require her to leave the council.

Moncrief didn't return calls for comment Thursday. Her City Hall office referred the media to attorney Richard Wright, who is out of town.

Senior Deputy Attorney General Conrad Hafen, who presented the state's case to the grand jury Thursday, said he could neither confirm nor deny whether an indictment had been returned against the councilwoman.

McDonald declined to comment Thursday.

However, McDonald's adviser during the 2003 campaign, political consultant Jim Ferrence, called word of the indictment music to his ears.

Ferrence was the first person to level accusations of wrongdoing against Moncrief in a complaint filed with the state in April 2003. He estimated she had $100,000 that was unaccounted for and alleged gaming figure Bob Stupak was the source of the funds.

"She clearly spent $100,000 that went unreported ... and I'm glad she's finally going to be made to answer for it," Ferrence said. "I think she should save herself and the city the embarrassment and resign."

Members of the City Council said they were surprised by the indictment. Mayor Oscar Goodman said he will withhold any response until it's made official.

"We haven't received any official notice of an indictment," Goodman said. "I've spoken to the AG's office and they will not confirm it."

Thursday's indictment followed grand jury testimony from several Moncrief campaign insiders, former supporters and a printer who produced mailers sent out during the race.

Moncrief's campaign manager, Tony Dane, testified before the grand jury for less than 30 minutes. He declined to comment on his testimony, citing the confidentiality of grand jury proceedings.

However, in December Dane told the Review-Journal that a group of teenagers hired by the campaign to go door-to-door were paid more than $30,000 in cash. Moncrief's campaign finance reports show only $7,500 in payments for such services.

Moncrief couldn't clearly explain the lack of documentation at that time. She first said she recalled paying the walkers, but didn't remember how. Later, she amended that statement, saying she had given a check to Dane, who was to have paid the teens.

Jenna DiMartini, a 17-year-old Coronado High School student who was among Moncrief's paid walkers, appeared before the grand jury Thursday.

Also testifying on Thursday was former Las Vegas City Councilman Steve Miller, who has said he acted as a consultant to Moncrief's campaign.

Miller declined to discuss his testimony Thursday. But in June 2003, the day Moncrief took office, he filed an affidavit stating he worked on one of the hit pieces distributed under a false identity.

Miller was joined in making the accusations by Peter "Chris" Christoff, a Ward 1 primary election foe of Moncrief and McDonald. Christoff claimed he agreed to act as a front on four negative mailers targeting McDonald.

"It was coming and it was necessary," Christoff said Thursday of the indictment. "We have laws. We must obey those laws. If someone thinks they can get away with lies they need to be prosecuted."

Moncrief has said Christoff and Miller turned on her after her victory when it became apparent they would not be part of her inner circle.

Jerry Wolkon, owner of a print shop that served Moncrief's campaign, also testified before the grand jury. It was in Wolkon's business that Miller and Christoff claim Moncrief supporters gathered to place stamps on one of the Christoff mailers.

Betty Schulte, a longtime Stupak employee who helped manage Moncrief's campaign, also appeared before the grand jury Thursday.

State officials served Moncrief with a notice in February that they intended to indict her.

Moncrief has previously claimed any illegal activity in her campaign went on without her knowledge. There was no reason for her to under-report donations or expenditures, she has said.

"I didn't do anything wrong, and they need to look at the ones who were doing things wrong," she said in February.

In prosecuting the case the state will have to prove Moncrief, a political novice who had never cast a vote before running for City Council, knowingly violated state campaign law.

Some observers have said credibility issues could plague some of those likely to testify for the prosecution.

Miller and Christoff, for example, both denied any affiliation with Moncrief's campaign during the race.

Dane has been a lightning rod for controversy. Over a span of three months this year, he was arrested for gathering signatures for an anti-tax petition during a speech by Laura Bush at UNLV and sent thousands of Las Vegans phone messages in which he accused Goodman of pursuing a gay agenda.

"The thing about Miller and Dane is these guys aren't murderers and drug dealers," said Ferrence. "They're just your run-of-the-mill scum bags. So they should have some credibility."

Review-Journal columnist John L. Smith contributed to this report.