Lawsuit allegations called “an outright lie”
Monday, Jan 4, 2016 - Posted by Rich Miller
* Kerry Lester today…
Weeks after resigning from his role as a consultant for the College of DuPage, Chris Robling has re-emerged in another political dispute — aiding the son of late Illinois comptroller Judy Baar Topinka in a lawsuit against her former chief of staff over unused campaign funds.
Robling lives a few blocks from Topinka’s former Riverside home and says he has a local connection to Joseph Baar Topinka, now of Texas, and the attorney who represents him. Robling says he’s doing the work largely pro bono and that he has accepted about $750 for work over the last year.
The suit, filed Tuesday in Cook County circuit court, claims Nancy Kimme converted $89,000 from Topinka’s nearly $1 million campaign fund for personal use after Topinka’s death. Kimme says the money went to pay campaign staff and memorial expenses, and that the allegations are a smoke screen for Topinka’s son to claim a portion of the fund. State election law says money received before 1998 – roughly $341,000 — may be returned to Topinka’s estate.
Kimme is represented by Mike Kasper, the Illinois Democratic Party’s top election attorney and a former Madigan aide. “Nobody’s better at election law in Illinois,” Kimme says.
* If you read Bernie’s comprehensive story, you’ll see that the allegations about campaign money for personal use don’t appear to hold up at all. For instance…
The lawsuit alleges that the $68,807 check was made out to “Cash” and endorsed by Kimme on Aug. 7. A hard-to-read copy of a handwritten check was filed with the lawsuit.
Kimme later provided The State Journal-Register with an image of a printed cashiers check for the same amount on the same day, and “Citizens for Judy Baar Topinka” was listed twice – as the remitter and the recipient.
Kimme calls the allegation that she got the $63,807 and used it personally “an outright lie” and “pathetic.”
“I think it speaks to the quality of this lawsuit and this attorney,” she said.
The attorney in question is former Cook County Commissioner Tony Peraica.
* That aside, the big question for me is whether Joe even has legal standing to file this suit. He’s the executor of the Topinka estate, but is that really Topinka’s personal property - even though JBT had the option of cashing part of it out, and even though she didn’t apparently have any plans to use campaign cash for personal expenses?…
Kimme said it has appeared to her that Joseph Topinka wanted to personally have the more than $300,000, adding she wouldn’t comment on if that is proper, “other than to say she (Judy Baar Topinka) never planned to take it.”
The courts will have to figure it out, I suppose.
* Nancy probably should’ve dumped that campaign cash a while ago, but she says she didn’t for a good reason…
She said Tuesday that after receiving correspondence about the fund from Peraica several months ago, she consulted with another lawyer “who recommended that we not shut it down and we just hold tight through the process.”
That’s sound advice.
Here’s some more sound advice: Watch yourselves in comments. We’ve apparently got a litigious person on our hands here.
- 47th Ward - Monday, Jan 4, 16 @ 3:24 pm:
Robling was a consultant for College of DuPage too? For someone with such a low opinion of government, he sure seems to have spent a good part of his career cashing government paychecks. It’s good work if you can get it I suppose.
I wonder who’s couch he’ll be sleeping on next?
- The Captain - Monday, Jan 4, 16 @ 3:48 pm:
Here are the officers of the committee. I am not an expert, certainly not at the level that Kasper is at but it would seem to me that upon the death of the candidate the officers of the committee would have standing to disburse the funds (or continue the committee) in any manner permissible under the law.
I know it sounds weird but my gut reaction was that Kimme as chairperson would be able to do whatever legal thing she wanted to do with those funds and that the son may not have much say so.
- Norseman - Monday, Jan 4, 16 @ 4:06 pm:
Aye, aye Captain, I think you charted the right course in your response. I also think Rich raises a good point about standing. Committee officers are in control of the fund under the law, not the estate. Although some portion of the funds can be converted in this case, it isn’t required under law. As a matter of public policy, conversion was eliminated for all political funds after 1998.
Joe should’ve remembered the old adage, you can catch more flies with honey than vinegar.
It’s sad to see this fight between Judy’s son and her long-term employee and friend.
- Anonin' - Monday, Jan 4, 16 @ 4:13 pm:
Which side was Robling on ? The now resigned whack job who hangs with Ives or the departed president?
We saw Peraica and concluded Fast EddieV must be lurkin’ nearby. Yup the GOPies are turnin’ it around alright.
- GOPGal - Monday, Jan 4, 16 @ 4:24 pm:
Complicating this issue is the fact that at the time of her death, Judy was the Chairman of her campaign committee. Kimme did not become chairman of the committee until AFTER Judy’s death.
See here: http://elections.il.gov/CampaignDisclosure/CDPdfViewer.aspx?FiledDocID=418836&DocType=Image
And here: http://elections.il.gov/CampaignDisclosure/CDPdfViewer.aspx?FiledDocID=553755&DocType=Image
So the question is did Kimme have the legal authority to make herself chairman of the committee?
Rich is right. The courts will have to figure it all out.
- Dance Band on the Titanic - Monday, Jan 4, 16 @ 4:38 pm:
Robling was part of the Katherine Hamilton administration, which has succeeded in doling out over $2.5 million in legal and financial consulting fees to their political supporters since taking office 7 months ago. A prime example of crony capitalism run amok at the expense of COD taxpayers.
- wordslinger - Monday, Jan 4, 16 @ 4:46 pm:
What was Robling consulting on at College of DuPage? The wine list?
The COD scandal and its accreditation problems just shows that the people of DuPage are incapable of governing themselves. The state should take it over.
- Robert the Bruce - Monday, Jan 4, 16 @ 5:12 pm:
@GOP Gal, I’m following your links but perhaps Kimme didn’t need the legal authority.
It looks like Bradley Burnett and JBT were the only two officers in the 2010 filing…and then the 2014 filing lists three officers, including Burnett as treasurer and Kimme as chairperson, and Burnett signed the 2014 filing.
So perhaps Burnett had legal standing to choose new committee members; he chose Kimme; they chose Kimme as chairperson.
But I do echo “The courts will have to figure it out.”
- chris robling - Monday, Jan 4, 16 @ 5:35 pm:
Chicago, January 4 — Joseph Baar Topinka, son of the late Illinois Comptroller, Judy Baar Topinka, and co-executor of her estate, has filed a four count lawsuit in the Chancery Division of the Cook County Circuit Court that alleges improprieties in his mother’s campaign fund; seeks judicial oversight of the fund; and asks for transfers from the fund in accordance with Illinois law.
“It is more than a year since Mom’s death and the start of the conversations between myself and the former staffers on the campaign committee. At no time over these twelve months have any of the conversations been satisfactory. I have been clear about my intention as her son and executor of her estate to promote the educational endeavors of Illinois youth and to use money in this fund to build a living memorial to my Mother and her career by helping young people become active in public affairs; in a manner reflecting the joyful exuberance of Mom’s irrepressible spirit toward Illinois and its citizens. It is time to settle these matters so that work can proceed in building a better future through our youth,” Topinka said.
Attorney Anthony Peraica, who as Cook County Commissioner nominated Ms. Topinka to the board of the Regional Transportation Authority, filed the suit on Topinka’s behalf.
“Judy’s legacy of working tirelessly with everyone for the public good is a bright example for all Illinoisans. Sadly, the folks at her campaign have been playing possum, hoping her family, friends, and supporters would forget the nearly one million campaign dollars that were accidentally left in their hands. As one who worked with and learned from Judy, I am appalled that they have behaved this way. We have said for months that they will perform in accordance with state law. Unfortunately, they chose to make this lawsuit, which will force them to do so, inevitable,” Peraica said.
The Judy Baar Topinka Charitable Foundation was formed in July. It is a registered charitable trust and Illinois not-for-profit corporation. Its purpose is to assist young women and men with a demonstrated interest in public affairs with leadership, training and education.
“The foundation will memorialize Judy by propelling tomorrow’s leaders for Illinois. But to get on with that work, the political staffers must follow the law. We took one year to convince them of that. Now the issue is in the court’s hands,” Topinka said.
A copy of the lawsuit is available at www.peraica.com
- DuPage Great Grandma - Monday, Jan 4, 16 @ 5:44 pm:
I understand the committee D-1 directed any remaining funds after closure of the committee to go to the Riverside Township Republican Party. I realize the Committee is still open, but it has not been serving its stated purpose since Judy T. passed away. Does anyone know if the Riverside Republicans have received any funds?
- Raising Kane - Monday, Jan 4, 16 @ 5:46 pm:
It looks like that lawsuit asks for the money to go to the kid, not a foundation. Pure greedy money grab. Judy would be incredibly disappointed.
- Oswego Willy - Monday, Jan 4, 16 @ 5:57 pm:
What I’ve learned from the Robling “comment” above;
Tony Peraica is not a person “built” to bring people together and Peraica continues to prove that with over the top bluster and overreactive rhetoric, and still disappoints without really understanding why no one “likes” or “respects” him. Sad.
After reading Bernie, and following the evidential logic, I feel bad for Nancy Kimme. Her quotes to Bernie were well measured and giving the evidence to Bernie for the column was really smart, given how Chris Robling has decided to go about this, (even commenting here).
A sad chapter is the only thing playing out now.
- State worker - Monday, Jan 4, 16 @ 6:52 pm:
Hoping this conflict becomes a small irrelevant footnote soon. Here’s to her extraordinary staff.
- Twilight Woods - Monday, Jan 4, 16 @ 7:17 pm:
Joseph claims to want to keep his mothers name and legacy alive when in reality all he is doing is using the press and dragging her name down. Does anyone really think that any of the allegations are true? To me he is just a money hungry child and I can only imagine what JBT would say….
- Max's Mom - Monday, Jan 4, 16 @ 7:47 pm:
If Topinka is hanging out with Robling and Peraica that is all we need to know about him
- Chicago gal - Monday, Jan 4, 16 @ 7:48 pm:
Last I heard of Topinka, his mom was trying desperately to get him a job. Has he found one yet? I wonder if he thinks that campaign fund is his payday.
- Johnny's in the Basement - Monday, Jan 4, 16 @ 9:27 pm:
A check made out to cash in that amount is just asking for trouble. Makes no sense. Time will tell
On this but that looks bad
- Raising Kane - Tuesday, Jan 5, 16 @ 4:45 am:
Johnny, It says in the story that the check was made out to citizens for Topinka from citizens for Topinka, not cash.
- Oldman - Tuesday, Jan 5, 16 @ 5:45 am:
Young Joe is getting a lot of bad advice from “friends” and greedy people.
He will tarnish his mothers memory.
- Oswego Willy - Tuesday, Jan 5, 16 @ 6:37 am:
- Johnny’s in the Basement -
===Kimme later provided The State Journal-Register with an image of a printed cashiers check for the same amount on the same day, and “Citizens for Judy Baar Topinka” was listed twice – as the remitter and the recipient.
Kimme calls the allegation that she got the $63,807 and used it personally “an outright lie” and “pathetic.”===
I’d read Bernie’s column…
- jeffinginChicago - Tuesday, Jan 5, 16 @ 7:07 am:
Mike Kaspar the expert at election laws who takes money for lobbying from Redflex? That moral paragon of virtue vs Tony Pereica? That is how Illinois loses. Sorry I am jaded and cynical.
- Dixie50 - Monday, Jan 11, 16 @ 8:57 pm:
Sounds like Kimme’s chickens are coming home to roost. Honestly is not synonymous with the name Kimme.