What was Schock’s intent?
Monday, Nov 21, 2016 - Posted by Rich Miller
* Gatehouse recently published a story about the Aaron Schock case, which focused on the question of “intent”…
“The amount of money isn’t always the determining factor whether a case gets prosecuted or not,” [Lee Smith, a central Illinois defense attorney who served in the U.S. Attorney’s Office several years ago] said. “The issue here is whether it was an honest error as (Schock) is alleging or intentional.
“But in any fraud case, there has to be intent to defraud. And if someone can show they have made an honest mistake, they could be found not guilty.”
Peter Joy, a professor at the Washington University School of Law in St. Louis, agreed.
“First of all, he is presumed innocent but assuming that everything in the charges is something that the government can prove, if they can prove that, then it is a big deal,” he said. “That’s because they have alleged that he has misappropriated, embezzled, stole and set up a scheme to defraud the federal government. […]
“At one point, he claimed many more miles than were on the vehicle that he had. If they are honest mistakes, it’s rare that they always fall in favor of the individual. I would suppose he could under-report various expenses, and if he did, then that would definitely help his defense. But if he always over-claims, that definitely goes along with the government’s theory that he was misappropriating funds.”
* Now comes the AP…
The indictment of a 35-year-old disgraced former Republican congressman jolted residents of his central Illinois district, shaken by prosecutors’ claims that Aaron Schock illegally dipped into campaign and government coffers to subsidize a lavish lifestyle, including his Capitol Hill office done up in the style of “Downton Abbey.”
Perhaps more stunning was an allegation found on page 34 of the charging document: Schock’s apparent willingness to pocket thousands of constituents’ dollars by arranging annual Washington tours combined with meet-and-greets. […]
The three-day extravaganza attended by Freiburg and about 50 others in July 2014 included bus rides to the National Zoo and a reception at the Japanese ambassador’s residence. Freiburg paid a $785 “Fly-in Conference Fee” to Schock’s office - meant to cover meals, transportation and other hosting costs - on top of $2,000 to $3,000 for a plane ticket, hotel room and other expenses.
Schock, the once-rising GOP star and prodigious party fundraiser, secretly kept at least $11,000 from that event, the indictment said. […]
Prosecutors say in 2011, Schock set up a Florida bank account under the name of a fictitious company, “Global Travel International,” and instructed staff to deposit that year’s fly-fee money into it. He allegedly kept at least $4,482 from the 2011 fly-in
Oof.
* A sampling of the charges against Schock published by the Pantagraph…
Ticket broker: The former congressman is charged with using $10,025 from a political action committee to buy 2014 Super Bowl tickets, later selling them for a $2,000 profit, while claiming the purchase as an allowable fundraising expense. Profits from other Super Bowl and World Series ticket sales were allegedly left off Schock’s income taxes.
Payback of legal fees: Indictments allege that Schock reimbursed the father of a former staffer for $7,500 in legal fees the father paid to defend Schock’s false allegation that the worker had inappropriately accessed the social media account of one of Schock’s friends. Schock then used PAC funds to pay himself back, later representing the charges to federal election officials as “PAC legal fees,” said the indictment. […]
Staff bonuses: A $6,000 bonus to Schock’s executive assistant was allegedly paid with instructions to pass it along to his chief of staff, with whom Schock was living and owed rent money, said charges. Schock also is charged with providing bonuses to House and campaign staff with money derived from false mileage reimbursements. […]
Travel card expenses: Schock is accused of repeatedly embezzling campaign funds to cover his personal expenses, including as much as $7,000 in travel costs after his March 31, 2015 resignation. The Schock For Congress fund paid for Schock’s trip to Dallas for the American Country Music Awards show less than a month after he left office, according to the charges.
- A guy - Monday, Nov 21, 16 @ 9:07 am:
Oh boy.
- Downstate - Monday, Nov 21, 16 @ 9:24 am:
Sounds like Blago. Spent so much time with wealthy donors that he couldn’t see why he shouldn’t live that way himself.
- Motambe - Monday, Nov 21, 16 @ 9:29 am:
He was a train wreck waiting to happen. Geez.
- Oswego Willy - Monday, Nov 21, 16 @ 9:30 am:
(Insert the Robert Duvall monologue from “The Paper” here)
To the Post,
The premise the Feds want is Schock fueled his want of wealth through his Congressional stature when in reality the job of a Member of Congress is to “work” within those wealthy circles, and raise money within the law for the enrichment of the country through policy changes, not the enrichment of Members to be one of the wealthy they spend time with, allegedly discussing policy and not the privileges of actually having wealth orca want of wealth too.
The mind of Schock seems to have been corrupted before the criminal acts of corruption occurred(?)
- wordslinger - Monday, Nov 21, 16 @ 9:34 am:
I think his intent was pretty clear: live larger, every day, by any means available.
What a paper trail, involving many people, who don’t want to get in trouble.
And continuing the grift after his resignation? I get the impression he does not understand how much trouble he’s in.
I mean, asking for a delay in the proceedings so he can leave the country? How many people facing 24 felony counts are even allowed to hold on to their passports?
- Team Sleep - Monday, Nov 21, 16 @ 9:35 am:
Not to be a jerk towards my former Congressman but I think the intent is clear: try to get away with whatever he could and not get caught.
There is a marked difference between using the campaign card to buy staff lunches and using the campaign card to buy Super Bowl tickets.
- LizPhairTax - Monday, Nov 21, 16 @ 9:46 am:
In high school I knew some dudes who figured out a way to cheat the pop machines. They eventually got caught. It wasn’t worth it.
The first time that it worked had to feel awesome though. It’s stealing, but doesn’t feel like it since it’s a glitch in the system, nobody is getting hurt, whatever justification is working for you. Free money! That’s pretty much what happened to Schock.
- Last Bull Moose - Monday, Nov 21, 16 @ 9:49 am:
Some of the actions cited, like setting up an account to handle extra money from constituents to Washington, cannot be done accidentally or by administrative error. These are done purposefully and reveal intent.
- Shake - Monday, Nov 21, 16 @ 9:53 am:
Why Isn’t Schock In Federal Custody?? This Is 24 Counts? Lock Him Up!!!
- Dance Band on the Titanic - Monday, Nov 21, 16 @ 9:59 am:
Wow. That is quite a lot of “honest” errors.
- Tommydanger - Monday, Nov 21, 16 @ 10:01 am:
Where is Mr. Smith, a.k.a Jimmy Stewart, when you need him or some reasonable facsimile thereof?
All the time, energy, creativity spent on defrauding the government instead of representing his district.
What.A. Waste.
- Streator Curmudgeon - Monday, Nov 21, 16 @ 10:26 am:
It seems every indicted Illinois politician swears to “clear my good name” and “expose the truth” behind the investigation. Schock read from the same script when he refuted the charges last week.
But honest mistakes? C’mon. There’s a pattern here, and it doesn’t look honest.
Others would know more about this than me, but don’t federal prosecutors usually have an open and shut case before they’ll proceed?
- Sir Reel - Monday, Nov 21, 16 @ 10:45 am:
None of this jolts this resident of his central Illinois district.
He’s played fast and loose from his start in politics.
How gullible can voters be to accept whatever a politician says? Oh wait, we just found out.
- Indochine - Monday, Nov 21, 16 @ 11:03 am:
I just can’t believe he continued doing this stuff after he left office. He has completely lost his moorings.
I hope they throw the book at him.
- One of the 35 - Monday, Nov 21, 16 @ 11:14 am:
So he continued to fund his personal travel after his resignation. Unbelievable! It will be tough to sell a claim of dementia at age 35.
- Liandro - Monday, Nov 21, 16 @ 11:18 am:
Setting up a fictitious company with its own bank account seems to speak quite a bit to the intent.
- Responsa - Monday, Nov 21, 16 @ 11:19 am:
I am utterly disgusted and utterly fascinated both at the same time by Shock’s actions and activities. I am especially wondering about the organized paid 3-day constituent tours of Washington which, without the alleged graft, actually seem like a cool idea. I am wondering if other lawmakers there may do similar organized constituent “meet and greets” and how they are handled. Or is this is the tip of another iceberg that may have other congress critters scrambling.
- Team Sleep - Monday, Nov 21, 16 @ 11:35 am:
Responsa - a lot of MOCs and Senators host “fly-ins” for constituent groups from the districts and/or states. But those are typically paid for by the group or association.
- downstate commissioner - Monday, Nov 21, 16 @ 12:25 pm:
From Team Sleep “There is a marked difference between using the campaign card to buy staff lunches and using the campaign card to buy Super Bowl tickets.”
I believe that you summed up the entire case against Schrock. While I did not vote for him, I didn’t believe that he was a crook. With all of the revelations now, it would appear that he was in the same class as Blagovech… from the very beginning…
- Huh? - Monday, Nov 21, 16 @ 12:57 pm:
Dear Aaron
Do us a favor and cop a plea. Cuz, the toast is getting brown and the toaster is about to pop up.
Sincerely,
Your former constituents
- hisgirlfriday - Monday, Nov 21, 16 @ 2:37 pm:
Why did they let him reschedule his arraignment hearing for an international business trip? And what international business is hiring him and why?
My former Congressman was always nice to me in my interactions with him but 24 counts should not merit special accommodation like this.
Just another reminder there is one criminal justice system for the wealthy & well-connected and another criminal justice system for the rest of us.