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 paul@massfiscal.org. Thank you.

Very truly yours,

Paul D. Craney Executive Director
Massachusetts Fiscal Alliance 15 Lincoln Street #217 Wakefield, MA 01880 www.MassFiscal.org I info@massfiscal.org

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.”

2

State Rep. Carlos Henriquez’s Campaign Report Irregularities

July 17, 2012

(617) 553-4115 phone I info@massfiscal.org 15 Lincoln Street #217 Wakefield, Massachusetts 01880

Office of Campaign & Political Finance

OCPF’s March 20, 2012 press release involving an investigation into the campaign committee of former State Representative Brian Wallace, OCPF stated as follows:
“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.”

2

ATM Withdrawals, Gift Cards, Cashier’s Check & ATM Fees
Date 8/9/2010 9/27/2010 10/13/2010 10/22/2010 10/22/2010 11/1/2010 11/1/2010 11/8/2010 11/8/2010 11/8/2010 11/15/2010 11/15/2010 7/20/2011 Vendor Citizens Bank Target The Home Depot #267 ATM Withdrawal Citizens Bank Citizens Bank ATM Withdrawal Citizens Bank ATM Withdrawal ATM Withdrawal Citizens Bank ATM Withdrawal ATM Withdrawal 607 Boylston Street Roxbury Boston Roxbury Roxbury Roxbury Address City Dorchester Dorchester Roxbury Amount $16.00 $50.00 $50.00 $63.00 $2.00 $2.00 $42.00 $2.00 $60.00 $143.00 $2.00 $22.00 $200.00 Purpose Cashiers Checks Fee Raffle Item/gift Card Gift Card For Sign Carpenter Petty Cash Bank Fees - Atm Fee Bank Fees - Atm Fee Petty Cash Bank Fees - Atm Fee Petty Cash Petty Cash Bank Fees - Atm Fee Petty Cash Balance of iPad Purchase Cash $16.00 $50.00 $50.00 $63.00 $2.00 $2.00 $42.00 $2.00 $60.00 $143.00 $2.00 $22.00 $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]

3

iPad Purchase
Date 7/20/2011 7/20/2011 Vendor Apple ATM Withdrawal Address 815 Boylston Street 607 Boylston Street City Boston Boston Amount $468.31 $200.00 $668.31 Purpose iPad Purchase Balance of iPad Purchase Total

Apple Store, 815 Boylston St, Boston

Citizens Bank, 607 Boylston St, Boston

As previously set forth, OCPF regulations prohibit ATM cash withdrawals. While they permit campaign funds 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.”

4

11 Personal Loans & 29 Reimbursements
Date 1/11/2010 1/12/2010 1/13/2010 1/15/2010 1/20/2010 1/21/2010 1/29/2010 2/5/2010 2/10/2010 2/16/2010 2/16/2010 2/19/2010 2/22/2010 3/3/2010 3/8/2010 3/10/2010 3/16/2010 3/29/2010 3/30/2010 3/31/2010 4/1/2010 4/6/2010 4/13/2010 4/16/2010 4/28/2010 5/3/2010 5/10/2010 8/26/2010 10/7/2011 Vendor Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Carlos Henriquez Danielson Tavares Amount $20.00 $400.00 $200.00 $120.00 $20.00 $703.00 $20.00 $20.00 $400.00 $23.00 $60.00 $500.00 $80.00 $200.00 $40.00 $100.00 $500.00 $20.00 $440.00 $42.00 $120.00 $40.00 $400.00 $160.00 $203.00 $302.00 $80.00 $40.00 $184.78 Purpose Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement (See R1) Reimbursement Dot Day Parade Truck Date 1/8/2010 1/19/2010 2/8/2010 2/18/2010 3/1/2010 3/15/2010 3/29/2010 4/12/2010 4/26/2010 6/29/2011 9/12/2011 Vendor Carlos Tony Henriquez (Loan) Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) 'Carlos Henriquez (Loan) Carlos Tony Henriquez (Loan) Amount $772.67 $768.37 $541.42 $637.95 $594.48 $594.48 $581.44 $614.04 $621.32 $457.00 Purpose Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan Candidate Loan

Carlos Tony Henriquez (Loan) $1,100.00 Candidate Loan

$7,283.17

Total

$5,437.78

Total

OCPF to review this series of loans and reimbursements to determine if Representative Henriquez’s campaign committee is in violation of OCPF regulation and determine the origins of these reimbursements.

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