Friday, September 10, 2004
Copyright © Las Vegas Review-Journal

Moncrief pleads not guilty to charges

Councilwoman accused of campaign felonies

Councilwoman Janet Moncrief appears in court Thursday on charges she concealed campaign contributions and expenditures during her 2003 bid for office and lied about it in reports filed with the state. She pleaded not guilty. Photo by Gary Thompson.

Councilwoman Janet Moncrief pleaded not guilty Thursday to charges she concealed campaign contributions and expenditures during her 2003 bid for office and lied about it in reports filed with the state.

The Ward 1 councilwoman, who faces two recall efforts in addition to the five-count felony charge, spoke few words during the brief District Court proceeding where she was joined by her daughter, Kara, and attorney, Richard Wright.

Judge Nancy Saitta asked the councilwoman, "How do you plead?"

Moncrief responded calmly, "Not guilty."

Following the arraignment, Moncrief and Wright had plenty to say to a bank of cameras and microphones outside the Clark County Courthouse regarding the recall and four felony counts of filing false documents and one felony count of perjury.

"I didn't do anything wrong," said the councilwoman, who is accused of concealing as much as $100,000 in donations.

Wright accused state officials of singling the councilwoman out for harsher treatment than was given to other office holders accused of similar violations. He said the state's case is a politically motivated Republican attack on Moncrief, who is an independent.

"It is selective, vindictive prosecution," he said.

Moncrief is thought to be the first elected official in Nevada to face felony charges for violating state campaign law.

Wright cited Attorney General Brian Sandoval's decision to file an ethics complaint instead of felony charges against a fellow Republican, state Controller Kathy Augustine, for using state employees and equipment in her 2002 re-election campaign. He also pointed to Assemblyman Chad Christensen, R-Las Vegas, who was fined $4,500 earlier this year for 52 violations of campaign finance laws.

"The accusations against her (Moncrief) pale in comparison to what Kathy Augustine is accused of doing," Wright said. "All she wants is equal treatment. She made mistakes and she will be accountable like everyone else."

Wright said in the coming weeks he will file a motion to have the charges dismissed and the case, scheduled to go to trial Feb. 7, resolved through a civil action.

"We expect this indictment will be dismissed because the alleged violations are civil violations, not criminal," Wright said.

Senior Deputy Attorney General Conrad Hafen, who is prosecuting the case, disputed Wright's assessment.

To knowingly file a false report with a governmental agency is a felony and the accuracy of Moncrief's campaign reports will "speak for itself," he said.

"Most of those (campaign reporting) statutes impose civil fines," Hafen said. "Unfortunately, in this case there is also a criminal statute if you file a false report with a public office."

Hafen denied the state's case is politically motivated. The attorney general's investigation of Moncrief was launched at the request of the secretary of state's office, which is headed by Republican Dean Heller. Hafen said he was not aware of any similar requests being filed regarding the campaign reports of Christensen and Augustine.

"That didn't ever come into the equation," he said.

The charges against Moncrief, which are being handled by the attorney general's new public integrity unit, reflect the office's tougher stance on holding elected officials accountable, Hafen has said.

If the case goes to trial, Wright said the state will have a difficult time proving Moncrief willfully violated campaign laws, which must be proven to gain a conviction. The errors, according to Wright, were "simply a mistake."

Hafen said the state will use the testimonies of Moncrief supporters-turned-enemies Steve Miller and Peter "Chris" Christoff to prove she wilfully concealed campaign expenditures and donations.

Miller has said he worked on negative fliers Moncrief distributed under a false identity and never reported paying for on state reports. Christoff claimed he was a front for four negative mailers targeting Michael McDonald, who sought re-election to the City Council in 2003.

Outside court, Moncrief read a handwritten statement she said she had crafted at midnight. In it she addressed the claims of the two recall groups that she's not been accessible and failed her constituents on important zoning votes.

She said she's fought payday loan businesses and dozens of billboard applications and voted against a controversial rezoning for a Social Security facility in her district.

"Please stand by me so I can continue to serve you," she said.