We conclude an insightful examination of political corruption
by the distinguished former Judge and Prosecutor, John Wilson, Esq.
Obviously, the more a Councilman or a State Senator meet the needs of their local community organizations, the more encouraged their membership is to support them, and vote Democrat come Election Day.
There is nothing illegal, unethical, or even inappropriate about this process. This is “honest graft,” and is how political organizations, local community groups, and the legislature have functioned for more than a century.
However, some legislators do not make legal and ethical use of their undesignated discretionary funds. Among the 30 New York State and City officials who were convicted of “dishonest graft” are those who were convicted of using undesignated funds to pay relatives or support their businesses. An Assembly used hers to purchase a home. Even the Speaker of the New York Assembly, and the Minority leader, were both convicted of corruption charges.
Clearly, a system which allows a politician to fund the causes of the people from whom that politician seeks support is sure to be abused. But what is even more pervasive in the use of discretionary funds is the perfectly legal and ethical use of these funds to reward supporters of the politicians smart enough to practice “honest graft” and avoid the dishonest.
Let us take the example of something that occurs in New York City every single day.
Two Pastors have churches in an Assembly Member district. These pastors get together and create a Community Action Group. Both go to Assembly Member Blowhard for support. Typically, both are savvy enough to know not to say, “Support us, and we will support your bid for reelection. We will have you come to our churches and speak from our pulpits, and invite you to our block party, and talk about you to our congregations in glowing terms.” There is no need to make such statements – it’s understood.
The Assembly Member takes $10,000 from his discretionary fund, and gives it to the “Coming Home With Love” non-profit. The clergy repeat the process with the local City Council Member, and the State Senator. The City Council Member gives $5,000, and the State Senator $15,000. Now this group has a budget of $30,000.
If the recipients are smart, they use some of that money to hold a fundraiser, and make another $20,000 after expenses. The Assembly and City Council Members each buy a table, as does the State Senator. Each speaks at the fundraiser, and maybe “Coming Home With Love” gives the Assembly Member Blowhard a plaque for “outstanding service to the community.” The local news publishes a photo of the legislator receiving their plaque, which publicizes the group and the politician, and their wonderful, charitable work on behalf of the community.
With their $50,000, “Coming Home With Love” hires a staffer (usually the wife of one of them) for $20,000. They rent space in the other Pastor’s church basement for $20,000 a year, and bring in volunteers from both parishes. This leaves them $10,000 for their actual “work.”
But by now, you may have noticed that I never told you what exactly this group is doing. “Outreach to the community” is one goal. “Support services for victims of violence” is another. “A safe space for young people.” “A safe space for seniors.”
But what they actually do is merely open their space, and provide coffee and donuts to the few people who wander in off the street to get warm in the winter. Maybe they publish a newsletter. Mostly, they plan next year’s fundraiser.
The leaders have received financial support for their project. The legislators have received support for their reelection campaigns. And they’ve all acted legally and ethically.
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Now they go to the local District Attorney, who is facing reelection. Again, they do not have to say to her, “give us money, and we will let you speak from our pulpits, honor you at our dinner, and our church members will volunteer to help your campaign.” Instead, they say “as part of our commitment to provide ‘outreach to the community,’ and provide a ‘safe space for young people,’ we want to open up our facility to young people with criminal charges pending, and offer them faith-based counseling services. But we need funding!”
The District Attorney knows that he cannot use his campaign funds for this purpose. But, his office has its own discretionary fund, designated for the use of “community outreach.” He can authorize a $100,000 payment from this fund, and after his reelection, the District Attorney announces a “partnership” with “Coming Home With Love,” and orders his assistants to ask the Court to sentence teenage offenders to participate in the program.
Thus, for crimes such as Criminal Mischief or Petit Larceny, or even some low level Assault charges, the offender is given a sentence of a Conditional Discharge – the condition being, participation in the “Coming Home With Love” Community Outreach Program.
The “Coming Home With Love” Community Outreach Program hires two “counselors” – friends or relatives– none of whom has any degree or training in counseling. The program also buys a cell phone for each staff member, and a computer, so these “counselors” can prepare “reports” on the “progress” of the defendants mandated by the Court to participate in their program.
And what does this “counseling” actually consist of? Pick-up basketball games. Gin Rummy. Once a month, the “counselors” meet with the youths, and discuss their “goals.”
All paid for by you, the taxpayer. This is “Honest Graft” at its finest.
I knew of a program of this nature while I sat in Brooklyn. And I refused to sentence anyone to participate. It didn’t make sense to me to sentence someone with a potential jail alternative to play cards and basketball for crimes such as theft and assault.
Did this refusal to play along endear me to the Brooklyn DA? I’m sure it didn’t, but no effort was made to bring me into the fold. There were plenty of other judges willing to cooperate, or who never thought about the connection between the District Attorney and the program.
For better or worse, this is how the political system works. This is the system funded with your state and city taxes. Yet at the same time, funding this system is why your taxes are so high in places like New York, Chicago and San Francisco. While many New York politicians have veered from “honest graft” to the dishonest kind with more frequency in recent years, some level of “honest graft” has been accepted for more than one hundred years across most of our country.
Is there a solution to this problem? There are several. Better oversight of spending by politicians. The elimination of discretionary funding. Continued prosecution of politicians who abuse the public doffers for their own purposes.
But in the end, regardless of whatever reforms are enacted, most political systems will always find some way to service their constituents, and trade influence. Just like the poor, there will be “honest graft” always, so long as human beings exist. In the real world, the trick is to find a level of back scratching and hand greasing that does not bankrupt the public coffers.