mass fiscal ocpf compaint henriquez

July 17, 2012 Mr. Michael J. Sullivan Director Office of Campaign and Political Finance John W. McCormack Building One Ashburton Place, Room 411 Boston, MA 02108 Re: State Representative Carlos Henriquez Dear Director Sullivan: Please accept this letter as a request to have the Office of Campaign and Political Finance (“OCPF”) initiate a formal investigation into certain activities of State Representative Carlos Henriquez and his campaign committee that occurred during the period from January 1, 2010 through December 31, 2011. Based upon the apparent facts, applicable law, and OCPF’s own precedents, there is ample reason to do so. In a March 20, 2012 press release addressing an investigation into campaign finance irregularities by former State Representative Brian Wallace, OCPF expressly underscored the obligation not only of the campaign committee but also of the candidate to maintain proper receipts and expenditures:

“The campaign finance laws of Massachusetts mandate that every candidate for political office and the treasurer for a political campaign committee maintain and keep detailed accounts of all the committee’s financial activity on behalf of the candidate, including all contributions and expenditures received or made on behalf of the candidate and their political campaign committee... Both candidates and committee treasurers are required under the law to maintain receipts for the campaign’s expenditures for six years after the relevant election.”

The report of State Representative Henriquez’s campaign committee covering the period from January 1, 2010 through December 31, 2011 reflects thirteen (13) transactions totaling $654.000 that are merely described as “ATM cash withdrawals,” “ATM fees,” “gift cards” and a “cashier’s check fee.” See page three (3) of the attachment for a listing of the 13 transitions. OCPF Regulations however expressly states as follows: “A debit card may not be used to obtain cash.” 1 In view of these facts that emerge from Representative Henriquez’s own filing, I

1 OCPF Regulation 2.06 (7).

request that OCPF initiate an investigation to determine whether State Representative Henriquez and his campaign committee are in violation of Chapter 55. In addition to these apparent violations, Representative Henriquez’s campaign reports list two (2) transactions on July 16, 2012 totaling $668.31, characterized as having been made for an “iPad” purchase. Included in this $668.31 transaction is a “$200 ATM withdrawal” for “Balance of iPad Purchase.” See page four (4) of the attachment. As previously stated, OCPF regulations do not permit debit cards to be used to obtain cash, While they permit campaign funds to be used for the purchase of such items as iPad, such a purchase is permissible “so long as such expenditure is not primarily for the candidate's or any other person's personal use.”2 I request that OCPF review both the ATM withdrawal and the iPad purchase of July 16, 2012 to determine whether State Representative Henriquez’s campaign committee is in violation of the relevant provisions of G.L. Chapter 55, Sec. 6. (See footnote 2.) Representative Henriquez’s campaign reports covering the period from January 1, 2010 through December 31, 2011 reflect that, as a candidate, Representative Henriquez made eleven (11) personal loans to his political committee totaling $7,283.17, and that he reimbursed himself $5,436.78 in twenty-nine (29) transactions. No other information is provided by the reports to determine the origins of these reimbursements. See page five (5) of the attachment I request that OCPF review this series of loans and reimbursements to determine whether Representative Henriquez or his campaign committee, or both, is in violation of any of the provisions of G.L. Chapter 55 or of the OCPF regulations. Please do not hesitate to contact me at (617) 797-2540 or email me at [email protected]. Thank you. Very truly yours,

Paul D. Craney Executive Director

Massachusetts Fiscal Alliance 15 Lincoln Street #217 Wakefield, MA 01880

www.MassFiscal.org I [email protected]

2 G. L. Chapter 55, Sec. 6 provides in pertinent part as follows: “Any other political committee, duly organized, may receive, pay and expend money or other things of value for the enhancement of the political future of the candidate or the principle, [sic] for which the committee was organized so long as such expenditure is not primarily for the candidate's or any other person's personal use.”

July 17, 2012

State Rep. Carlos Henriquez’sCampaign Report Irregularities

(617) 553-4115 phone I [email protected] Lincoln Street #217

Wakefield, Massachusetts 01880

Office of Campaign & Political Finance

2

“The campaign finance laws of Massachusetts mandate that eve ry candidate for political office and thetreasurer for a political campaign committee maintain and k eep detailed accounts of all the committee’sfinancial activity on behalf of the candidate, including al l contributions and expenditures received or madeon behalf of the candidate and their political campaign comm ittee... Both candidates and committeetreasurers are required under the law to maintain receipts f or the campaign’s expenditures for six yearsafter the relevant election.”

OCPF’s March 20, 2012 press release involving an investigation into the campaign committee of former State

Representative Brian Wallace, OCPF stated as follow s:

ATM Withdrawals, Gift Cards, Cashier’s Check & ATM Fees

3

Date Vendor Address City Amount Purpose Cash

8/9/2010 Citizens Bank $16.00 Cashiers Checks Fee $16.00

9/27/2010 Target Dorchester $50.00 Raffle Item/gift Card $50.00

10/13/2010 The Home Depot #267 Dorchester $50.00 Gift Card For Sign Carpenter $50.00

10/22/2010 ATM Withdrawal Roxbury $63.00 Petty Cash $63.00

10/22/2010 Citizens Bank $2.00 Bank Fees - Atm Fee $2.00








7/20/2011 ATM Withdrawal 607 Boylston Street Boston $200.00 Balance of iPad Purchase $200.00

Total $654.00

OCPF Regulations make it quite clear that “a debit card may not be used to obtain cash(M.G.L. c. 55, § 19).” [Cite]

iPad Purchase

4

Date Vendor Address City Amount Purpose7/20/2011 Apple 815 Boylston Street Boston $468.31 iPad Purchase

7/20/2011 ATM Withdrawal 607 Boylston Street Boston $200.00 Balance of iPad Purchase

$668.31 Total

As previously set forth, OCPF regulations prohibit ATM cash withdrawals. While they permit campaign fu nds to be used for the purchase of such items as iPads, such a purchase is permissible “so long as such

expenditure is not primarily for the candidate's or any other person's personal use.”

Apple Store, 815 Boylston St, Boston Citizens Bank, 607 Boylston St, Boston

11 Personal Loans & 29 Reimbursements

5

Date Vendor Amount Purpose Date Vendor Amount Purpose

1/11/2010 Carlos Henriquez $20.00 Reimbursement (See R1) 1/8/2010 Carlos Tony Henriquez (Loan) $772.67 Candidate Loan

1/12/2010 Carlos Henriquez $400.00 Reimbursement (See R1) 1/19/2010 Carlos Henriquez (Loan) $768.37 Candidate Loan

1/13/2010 Carlos Henriquez $200.00 Reimbursement (See R1) 2/8/2010 'Carlos Henriquez (Loan) $541.42 Candidate Loan







2/16/2010 Carlos Henriquez $23.00 Reimbursement (See R1) 6/29/2011 Carlos Tony Henriquez (Loan) $1,100.00 Candidate Loan

2/16/2010 Carlos Henriquez $60.00 Reimbursement (See R1) 9/12/2011 Carlos Tony Henriquez (Loan) $457.00 Candidate Loan

2/19/2010 Carlos Henriquez $500.00 Reimbursement (See R1)

2/22/2010 Carlos Henriquez $80.00 Reimbursement (See R1) $7,283.17 Total3/3/2010 Carlos Henriquez $200.00 Reimbursement (See R1)















10/7/2011 Danielson Tavares $184.78 Reimbursement Dot Day Parade Truck

$5,437.78 Total

OCPF to review this series of loans and reimburseme nts to determine if Representative Henriquez’s campaign committee is in violation of OCP F regulation and determine the

origins of these reimbursements.

mass fiscal ocpf compaint henriquez

Documents