Appeals panel upholds Whittemore campaign finance conviction

A federal appeals court in San Francisco on Monday upheld the illegal campaign contribution conviction of former political power broker Harvey Whittemore.

Whittemore, 62, was convicted in Reno of unlawfully funneling $133,400 in contributions to the campaign of Senate Democratic Leader Harry Reid of Nevada. Reid wasn’t accused of wrongdoing and did not testify at the federal trial.

The 9th U.S. Circuit Court of Appeals panel found there was “sufficient evidence” to support Whittemore’s jury conviction.

In a 19-page decision, the three-member panel said Whittemore’s defense theory — denying he had made illegal conduit contributions — was “not supported by law.”

Whittemore’s lawyers argued before the panel in October that that there was no criminal intent on Whittemore’s part and the checks he wrote to his family and employees were unconditional gifts.

No crime was committed because the people were free to do whatever they wanted with the money, the lawyers contended.

The 9th Circuit panel also said it found that the presiding federal judge in the case, Larry Hicks, adequately provided instructions to the jury explaining the defense theory.

“I’m not surprised by the decision, but we wish the 9th Circuit had given a little more detailed analysis,” said Vincent Savarese, one of Whittemore’s lawyers.

Savarese said the defense team would file an appeal with the U.S. Supreme Court.

From Washington, Assistant Attorney General Leslie Caldwell praised the decision.

“We’re pleased that today’s decision confirms that the cornerstones of our campaign finance laws — contribution limits and transparency — are not subject to creative misinterpretations of those determined to break the law,” Caldwell said.

Nevada U.S. Attorney Daniel Bogden added that Whittemore made a “conscious and willful choice to violate federal elections laws in order to increase his own power and influence at the expense of the voting public and the election process.”

Whittemore, a lawyer and lobbyist, is serving a two-year sentence at a federal prison camp in Lompoc, Calif.

He was convicted of giving money to family members and employees of his former company, Wingfield Nevada Group, and then using them as conduits for contributions to Reid’s 2007 re-election committee to skirt federal campaign laws.

Federal prosecutors alleged at the trial that Whittemore met with Reid at an upscale restaurant on the Strip in February 2007 and promised to raise $150,000 for the senator’s re-election campaign.

Whittemore hatched the scheme days before the March 31, 2007, campaign contribution deadline without Reid’s knowledge to fulfill his promise to the senator, one of the most powerful members of Congress, prosecutors alleged.

At the time, Whittemore was developing Coyote Springs, a master-planned community 50 miles from Las Vegas on the Lincoln and Clark county line, and needed congressional help to overcome government hurdles.

The Reno jury found Whittemore guilty of three felony counts: making excessive campaign contributions, making contributions in the name of another and causing Reid to file a false report with the Federal Elections Commission.

The Nevada Supreme Court temporarily suspended Whittemore’s license to practice law because of his conviction.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Follow @JGermanRJ on Twitter.