Last week, Pima County Attorney Barbara LaWall once again refused to engage in a public forum with primary opponent Joel Feinman while claiming that her office “is not an open seat.” LaWall may want to rethink that statement in light of the fact that it appears she may have engaged in illegal activity that could cost her that seat.
According to one government official, LaWall’s office appears to have engaged in the misuse of RICO funds, and in one instance, conducted a transaction that appears to be a case of money laundering.
According to documents obtained by the ADI, LaWall used RICO funds for promotional items, as well as standard equipment and supplies. For example, in an email marked “Importance: High” the office placed an order of pencils that were embossed with the message: Barbara LaWall, Pima County Attorney, LIFE IS ABOUT CHOICES, MAKE THE RIGHT CHOICE.
Other items simply have her name and office writ large.
Supplies and equipment are acceptable uses of RICO funds according to one expert. The use of funds for electioneering is not. While LaWall and others play fast and loose with the RICO restrictions, and she will likely claim the message referred to drugs, she is walking a very fine line.
Related article: Babeu Under FBI Investigation, RICO Fund Spending Questioned
It is the money transferred to the Greater Tucson Leadership group in the amount of $2,000 to fund a retirement party for former Sheriff Clarence Dupnik that has officials concerned. One official, who asked to remain anonymous, said that the contribution could not have met the RICO requirements under which LaWall must operate. As a result, the transfer of funds to another group, for a purpose that is prohibited, amounts to money laundering.
Unlike the direct contributions to schools made by LaWall’s office for “grad night” events, the contribution to the Greater Tucson Leadership group could not be construed as compliant in any way with RICO restrictions according to officials. Officials say they are calling on the Arizona Attorney General to look into the matter.
They believe the contribution is also a violation of Arizona Gift Clause.
Currently the Pima County Sheriff’s Office is under investigation for the misappropriation of RICO funds, among other matters.
RICO restrictions are not the only thing LaWall seems to have difficulty understanding. According to a statement her challenger, Joel Feinman, released this week, she needs to be “reminded that neither the US nor Arizona Constitutions allow elected officials to hold lifetime terms of office.” Feinman noted, “Arizona law the Pima County Attorney must stand for re-election every four years.”
“The fact that Ms. LaWall thinks that her incumbency places her above the democratic process is deeply disturbing,” said Feinman. “Unlike Ms. LaWall I believe in democracy, and that every public office is an “open seat,” no matter how long an incumbent has been there. I believe in holding myself accountable to the will of the voters, and making sure I never, ever, fall prey to the delusion that I am above their concerns and needs. In short, unlike Ms. LaWall I believe in a government of the people, for the people, and by the people.”
Not only does LaWall appear to think that she is above the democratic process, she might believe that she is above the law.
Editor’s Note: LaWall’s Office only turned over a proof of the pencils on June 30. According to LaWall’s office the message on the pencils changed slightly:
