Saturday, August 07, 2004
Copyright © Las Vegas Review-Journal

CITY COUNCILWOMAN: Moncrief arraignment set

Judge schedules Sept. 8 court date on five felony counts

Las Vegas City Councilwoman Janet Moncrief attends Friday's opening of an aquatics center across from Meadows mall. She refused to comment on a five-count indictment against her that was unsealed in District Court. Photo by ISAAC BREKKEN/REVIEW-JOURNAL

Las Vegas City Councilwoman Janet Moncrief fled to the little girls' room at the YMCA on Friday as reporters shouted questions about a five-count felony indictment that had just been unsealed in District Court.

Chief District Judge Kathy Hardcastle ordered Moncrief to appear for arraignment Sept. 8 on four charges of filing false campaign reports and one count of perjury. Within 10 days, the freshman councilwoman must present herself to law enforcement officials to be fingerprinted and processed.

A deal between the state and Moncrief's attorney struck last week spared her the embarrassment of being arrested.

The unsealed indictment, the result of a 12-month investigation into Moncrief's 2003 campaign by the attorney general's Public Integrity Unit, contained little new information. The five counts stem from contributions and expense reports that concealed her campaign's financiers and expenditures, the state claims.

"Janet Moncrief, while she was running for City Council seat of Ward 1, submitted four separate reports that were false," Senior Deputy Attorney General Conrad Hafen said Friday. "She failed to list all of her expenses. She failed to report all of her donations. We're alleging she knowingly committed those acts."

Neither Moncrief nor her attorney, Richard Wright, were at the brief court proceeding.

If convicted, Moncrief faces up to five years in prison or a fine of up to $5,000 for each of the four felony counts of filing false documents. The felony count of perjury carries a penalty of up to four years in prison or a $5,000 fine. Probation is possible on all five counts.

A felony conviction would force her from office.

Despite the seriousness of the accusations, Moncrief went to great lengths Friday not to discuss them.

Shortly after noon, while Hafen described for the news media the charges against her, Moncrief attended a dedication ceremony for a new water park at the YMCA across the street from the Meadows mall. She and Mayor Oscar Goodman made a few comments to the children on hand and to reporters in attendance. Her indictment went unmentioned.

After her remarks, Moncrief quickly walked away, but reporters followed her. A cameraman from KLAS-TV, Channel 8 asked about the indictment. She told him he would need to talk to her attorney, then walked away even more quickly, surrounded by a contingent of city employees.

Reporters followed Moncrief into the indoor pool area. "Councilwoman," they yelled in vain. "Janet. Miss Moncrief."

The councilwoman did not respond. She almost made a wrong turn into the boys' restroom, but caught her mistake and laughed. With the reporters still in chase and still shouting at her, Moncrief made her way across the wet tile floor into the girls room, where the reporters finally gave up.

"She's not going to comment," said her council liaison, Lito Rayos.

Members of the City Council and city officials agreed Friday that it should be emphasized the allegations against their colleague are, for now, unproven.

"In America, one is to be presumed innocent until proven guilty," said Goodman, a former criminal defence attorney.

Councilman Gary Reese added, "Indictments are indictments. Nobody has been convicted of anything."

The council differed, however, on the effect the indictment will have on the council's credibility or ability to conduct the city's business.

Goodman insisted it will be "business as usual." "I'm going to make sure we're not going to miss a heartbeat," he said.

Others weren't so sure.

"I'm sure it's going to be somewhat of a distraction. Let's be frank here," Councilman Steve Wolfson said. "The 10th floor (of City Hall) is going to be a little different than it was yesterday."

Councilman Michael Mack, while wishing Moncrief the best, acknowledged, "It brings a cloud upon us."

Reese concluded, "It will be whatever the press makes out of it."

The state's case centers on accusations that Moncrief didn't report campaign contributions and expenditures during her successful campaign against incumbent Michael McDonald.

The work of Tony Dane, Moncrief's paid campaign manager, and Steve Miller, who claims to have been an adviser to Moncrief, were not reported as expenses or in-kind contributions, the state alleges.

Dane and Miller, who on Thursday testified before the grand jury that voted to indict the councilwoman, appear to be the state's key witnesses. Hafen said Friday that none of the witnesses who appeared before the grand jury was given immunity for their testimony.

Payments to a group of teens, whom Dane has said received about $30,000 for canvassing Ward 1 neighborhoods during the race, also were omitted from filings, according to the indictment.

The cost of fliers produced by JC-Evans Communications also went unreported, the indictment states.

Last year, the Review-Journal obtained copies of invoices showing Moncrief was billed by JC-Evans, based outside Sacramento, Calif., for printing mailers that were sent out under false identities during the race and for which Moncrief denied responsibility.

Jeff Evans, owner of JC-Evans Communications, said at that time that his business records showed he billed the councilwoman and was paid for fliers made to appear as if they were mailed by McDonald's campaign.

Campaign reports also omitted transactions involving a local print shop, Zignature International, which is alleged to have printed other fliers mailed out during the campaign, and SavMor Rent-A-Car, which is alleged to have donated a van, according to the indictment.

The four counts of filing false reports are for the four campaign finance reports Moncrief submitted between April 1 and Aug. 15, 2003, Hafen said. The reports are declared under the penalty of perjury.

But Moncrief faces only one count of perjury because she only signed the Aug. 15 campaign report, Hafen said. The other reports, which bear the signature "Janet Moncrief" in cursive, were signed by "others under her direction," he said.

The indictment doesn't mention gaming figure Bob Stupak, whom McDonald accused of bankrolling Moncrief's campaign.

McDonald campaign adviser Jim Ferrence, who filed a complaint with the secretary of state in April 2003 that led to the investigation, accused Moncrief of spending $100,000 that was not accounted for. Ferrence claimed Stupak was the source of the funds.