New Law Would Target Public Corruption
Tuesday, March 29, 2011
Attorney General Peter Kilmartin is backing a sweeping anti-public corruption bill that would impose serious penalties for corrupt public officials and ban unethical practices that are currently allowed by state law.
“Rhode Island lags behind other states in updating our public corruption laws. It hinders our ability to prosecute those who violate the public’s trust,” Kilmartin said.
“We cannot continue down a path that creates cynicism about our elected officials. We must take action to crack down on acts that contribute to public distrust of our government, and we need to pass this legislation that will give state prosecutors the tools to punish those that violate the public trust.”
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe bill—which fulfills a campaign promise—comes after a string of high-profile corruption cases in recent years—most notably, the federal prosecution of several North Providence councilmen involved in a series of bribery and extortion schemes.
What the bill does
■ Crimes against the public trust would be punishable by law. If passed, the bill would set punishments for a variety of criminal offenses, including: bribery in official and political matters, selling political endorsements, theft of honest services, and speculating or wagering on official action or information. Also, any public official convicted of a felony or misdemeanor in an official capacity would be held liable for restitution for anything of value they received as a result of their criminal act.
■ Bans certain ‘pay-to-play’ donations. The bill cracks down on the practice of making campaign contributions in return for receiving a government contract in Rhode Island. Currently, nine other states and the federal government already have restrictions on pay-to-play donations.
The law Kilmartin supports would prohibit businesses that have a contract worth more than $25,000 from donating to a candidate running for an office that decides who gets the contract. The ban is in effect for the duration of the term or two years after the contract ends—whichever is longer. Companies with pending bids for state work worth more than $25,000 also would have to refrain from pay-to-play donations.
■ Taking away pensions from corrupt officials. The bill would change state law so that pensions can be removed for public officials who commit a felony using their office. Currently the law allows pulling pensions only if the person intended on defrauding the government or attempted to benefit themselves or someone else. The law would apply to state and local officials. Click here to read the existing law.
The law also creates an official Public Corruption and White Collar Crime Unit in the Attorney General’s office. The office actually already has a white-collar crime unit, but it is not a formal requirement of state law.
“By codifying the unit in law, the Attorney General believes it will send a strong message to the public that no matter who serves as the Attorney General, the office will investigate and prosecute public corruption and white collar crime,” said Kilmartin spokeswoman Amy Kempe.
The House bill is sponsored by Rep Michael J. Marcello, D-Scituate, Cranston. Click here to read the bill.
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