From: Michael Huttner, Executive Director <michael@progressnowaction.org>
Dear Network Member,
Join our call for the Federal Bureau of Investigation to immediately intervene in the investigation as to whether Republican gubernatorial candidate Bob Beauprez's campaign broke federal or state laws by illegally accessing the highly restricted National Crime Information Center (NCIC) database.
Over the weekend Republican Governor Bill Owens made a request to investigate Beauprez’s campaign through his own Department of Public Safety.
Yet for the reasons cited below, Owens' request regarding Beauprez is compromised due to major conflicts of interests.
Background:
Beauprez's campaign has used information in an advertisement against his opponent with records on a "Carlos Estrada Medina." (Rocky Mountain News, 10/11/2006)
Last Wednesday, October 11, 2006, Beauprez's campaign told a 9News reporter that they found the records on Medina "in federal criminal databases, the guy's information matches up." (RMN, 10/14/2006)
But on Friday, October 13, 2006, Beauprez's campaign backed off from that statement claiming that they "deduced" the records from campaign researchers using a criminal database. (RMN, 10/14/2006)
Now Beauprez's campaign claims that the records used in the ad on Medina "are out in the public domain." (Denver Post, 10/15/2006)
Beauprez's campaign, however, has not yet shown where one can find the cases "in the public domain."
Beauprez's campaign, while admitting the Medina documents had an FBI number printed on the file, refuse to disclose the source. (DP, 10/15/2006)
Extensive research by both the Rocky Mountain News and the Denver Post has been unable to independently verify that the California case exists or whether Medina's aliases match the cases alluded to in the ad. (DP, 10/15/2006)
Owens has asked a division of the State Department of Public Safety to investigate whether Beauprez's campaign illegally accessed the NCIC. (DP, 10/15/2006) Yesterday Owens’ office claimed that the Department of Public Safety is “nonpartisan” and that a request for the FBI to intervene is “ludicrous.” (RMN, 10/16/2006)
Clear conflict of interest with Owens' request:
* Owens directly oversees the Department of Public Safety in which the investigation is being requested. Joe Morales is the head of the Department of Public Safety and is an Owens cabinet member appointed by Owens. (RMN, 11/18/2003)
* Owens is the co-founder of the "Trailhead Group" a 527 political committee which has spent hundreds of thousands of dollars attacking Beauprez's opponent. (DP, 8/25/2006)
* Owens also has been actively publicly campaigning for Beauprez across Colorado. (Pueblo Chieftain, 10/10/2006)
* Morales has given $1,000 to the Beauprez campaign, the maximum donation allowed by law. (www.FollowtheMoney.org)
* We learned this morning that the Deputy Director of Public Safety, Mike Acree, is also a Beauprez supporter, and gave the maximum of $1,000 to the Beauprez campaign in this election cycle.(www.FollowtheMoney.org) Acree also serves on the Executive Committee of the Douglas County Republican Party and allegedly is the Beauprez Douglas County Coordinator. (www.dcgop.org )
Click here to add your name to the call for the FBI to intervene in the Beauprez investigation:
http://progressnowaction.org/BeauprezGateCriminal Penalties:
An improper use of the NCIC database is subject a number of violations at both the federal and state level. (RMN, 10/15/2006) These include:
Federal statutes:
* It's a crime to intentionally access a federal computer without authorization or to exceed authorized access. Penalty: First offenses are punishable by one year in prison and fines.
* Knowingly conveying or receiving federal records. Maximum penalty: 10 years in prison and fines.
* Conspiracy to defraud the United States. Maximum Penalty: Five years in prison.
State statutes:
* Public officials can be charged with official misconduct for using their authority to maliciously harm someone or violate state law. Penalty: 12 months in jail and a $1,000 fine.
* Embezzlement of government property by public servant. Penalty: Three years in prison and a $100,000 fine.
Join our call for the FBI to intervene in the investigation as to whether Beauprez’s campaign violated one or more of these laws:
http://progressnowaction.org/BeauprezGateWe will deliver your request to the Denver Office of the FBI this week.
Sincerely,
Michael Huttner
Executive Director
ProgressNowAction.org