Candidate claim could mean ethics violation for Rep. Murphy

MAIL FRAUD - Millionaire politician Bill Foster sent this mailer to Democrats in Illinois' 14th Congressional district, falsely claiming he served on the Congressional staff of U.S. Rep. Patrick Murphy. Following yesterday's majorityap.com report, Foster changed his story.

Forced to defend himself against allegations he lied about serving on the Congressional staff of U.S. Representative Patrick Murphy, D-PA, Illinois millionaire Bill Foster changed his story late yesterday, now saying he was “an unpaid staffer” – a claim that could place the Pennsylvania Democrat in  violation of House ethics rules, research by the Majority Accountability Project (www.majorityap.com) has found.

Foster was locked in a tight primary campaign against fellow Democrat John Laesch to become the party’s standard bearer in the race to succeed retired U.S. Representative J. Dennis Hastert, R-IL. In a move likely meant to gain support among anti-war Democrats, Foster’s campaign repeatedly cited the millionaire’s ties to Murphy, Congress’ only Iraq War veteran and a frequent critic of President Bush’s war policy.

Foster even claimed in a campaign mailing that he “serv(ed) on Murphy’s Congressional staff.” But research conducted by majorityap.com put Foster’s claim in doubt, while House payroll records maintained by the government watchdog group Legistorm.com didn’t list Foster as a member of Murphy’s staff.

In a statement issued late Thursday, Foster amended his earlier claim.

But Foster’s new statement – saying he was an “unpaid staffer after Murphy’s election” – may have placed Murphy afoul of House ethics rules. That’s because House rules largely prohibit volunteer workers in official Congressional offices.

Those rules consider some volunteer services a violation of the House’s gift ban, noting that “in addition to money, (House) Rule 45 prohibits the private, in-kind contribution of goods or services for official purposes.”

In fact, before allowing a volunteer to work in their Congressional office, a Member must have “a clearly defined program to assure that: (1) the voluntary service is of significant educational benefit to the participant; and (2) that such voluntary assistance does not supplant the normal and regular duties of paid employees.”

The Ethics committee further ruled that “a volunteer should be required to agree, in advance and in writing, to serve without compensation, not to make any future claim for payment, and to acknowledge that the voluntary service does not constitute House employment.”

While Foster claimed his volunteer service did constitute “House employment,” contradicting ethics committee rules, he is yet to explain what his duties were in Murphy’s office. It is also unclear what type of “educational benefit” the future Congressional candidate would have received.

Murphy’s potential ethics problems are exacerbated by the fact the Illinois millionaire contributed $6,700 to his campaign in 2006 and 2007, according to Federal Elections Commission (FEC) records. House ethics rules specifically prohibit House employees from “mak(ing) political contributions to their employing Members of Congress” - a violation Murphy eluded after Foster changed his story about being a member of the freshman Democrat’s staff.

But Foster’s status as a campaign donor – at the same time he claims to have been working in Murphy’s Congressional office – is another liability for Murphy. In addition to restrictions on volunteer work, the ethics committee warns that House members “are precluded...from bestowing benefits on the basis of the recipient’s status as a supporter or contributor.”

Murphy is yet to publicly support Foster’s contention that the millionaire served on his staff in any capacity.

Foster also claimed to reporters that majorityap.com had “doctored” the mailer he sent to Democrat voters. As reported by the Beacon News, Foster’s charge against majorityap.com is also false.

While Foster declared victory in Tuesday’s Democrat primary, his opponent is yet to concede. Foster appears to have eked out razor thin victory, despite outspending his opponent by a better than 10-to-1 ratio.