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Franks: Video game defense nears $1 million cost

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Illinois

This just in. From a press release…

‘Grand Theft Auto’ Leads to Pilfering of State Funds: Governor’s Defense of Violent Video Games Law Nears $1 Million

SPRINGFIELD, IL – Representatives from Gov. Blagojevich’s office testified during a hearing of the House State Government Administration Committee on Wednesday that its criteria for choosing which state agencies would pay the legal fees for defending a state law ruled unconstitutional was based on which agencies had the money, and that has state Rep. Jack Franks seething.

Franks, who chairs the committee, continued his questioning of the governor’s deputy chief of staff and deputy general counsel for a second week about how the state handled the payment of more than $500,000 in plaintiff’s fees after losing a lawsuit defending a law intended to restrict the sale and rental to minors of games with violent or explicit content.

“We had a strong suspicion last week that the governor was using funds appropriated by the General Assembly as his own personal piggy bank,” Franks said. “Our suspicions were confirmed this week when the governor’s staff admitted that they just stuck the bill with agencies that had available line items.”

Following a circuit court’s decision in December 2005 finding the violent video games law unconstitutional, the court ordered the state to pay legal fees incurred by the plaintiffs. The state departments of Public Health, Commerce and Economic Opportunity, Human Services, and Central Management Services all paid portions of the half-million dollar bill, according to state comptroller’s records.

Committee members discovered Wednesday that the initial $510,000 bill has ballooned to nearly $1 million thanks to payments to the lawyers hired to defend Blagojevich. About $461,520 has been paid for those fees from the funds of six state agencies: the Departments of Human Services, Children and Family Services, Public Health, Corrections, Revenue, and the State Police. The Department of Human Services alone paid more than $300,000 in plaintiff’s costs and defense fees.

“There is no proof that any of the agencies forced to pay for the governor’s public relations campaign got any sort of benefit from paying those fees,” Franks said. “The General Assembly passed a budget and dictated that the money in that budget would be spent a certain way. Now the governor has, once again, completely disregarded the Legislature’s intent for his own personal agenda.” […]

“The governor is going to find it increasingly difficult to get anything done if he can’t be taken at his word,” Franks said. The Woodstock lawmaker said Wednesday’s revelations could not have come at a worse time for the governor, who is trying to negotiate a budget with lawmakers.

[Emphasis added]

Meanwhile, the state-funded radio ad that blatantly violated the state’s ethics code was pulled from the air…

…Lt. Scott Compton, a spokesman for the state police in Springfield, said he could not comment on whether it violated provisions of the ethics act except to say that it was pulled to “err on the side of caution.”

Under the State Officials and Employees Ethics Act, which Blagojevich has frequently lauded as a landmark reform measure, broadcast advertisements and public-service announcements on behalf of a state-administered program cannot contain the name, image or voice of a statewide elected official or state lawmaker.

“Thanks to Gov. Rod Blagojevich and the Illinois State Police Internet crime unit, e-criminals will no longer be able to victimize Illinois citizens,” a narrator says in the now-pulled 30-second spot.

posted by Rich Miller
Thursday, May 24, 07 @ 1:07 pm

Comments

Can we be surprised any longer by these actions? The MO is pretty clear:

1. Governor Blagojevich comes up with a grand idea
2. The governor uses a big campaign-style push to promote his grand idea.
3. Grand idea succeeds or falls through
4. Governor tries some wild and controversial method of paying for the grand idea’s success or failure. (Steps 3 and 4 are reversible)

I just shake my head when I read these things.

Comment by Fan of the Game Thursday, May 24, 07 @ 1:24 pm
Ethics Code Violation by the gov! Misappropriation of funds by the gov! Slow news day, huh?

Comment by A Citizen Thursday, May 24, 07 @ 1:25 pm
The Federal Government’s Antideficiency Act forbids this practice and has strong enforcement and penalties.

From the GAO website:

The Antideficiency Act is one of the major laws through which Congress exercises its constitutional control of the public purse. It evolved over a period of time in response to various abuses.

In its current form, the law prohibits:

Making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
Involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
Accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
Making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).
The fiscal principles underlying the Antideficiency Act are really quite simple. Government officials may not make payments or commit the United States to make payments at some future time for goods or services unless there is enough money in the “bank” to cover the cost in full. The “bank,” of course, is the available appropriation.

Violations of the Antideficiency Act are subject to sanctions of two types, administrative and penal. The Antideficiency Act is the only one of the title 31, United States Code, fiscal statutes to prescribe penalties of both types.

An officer or employee who violates 31 U.S.C. § 1341(a) (obligate/expend in excess or advance of appropriation), section 1342 (voluntary services prohibition), or section 1517(a) (obligate/expend in excess of an apportionment or administrative subdivision as specified in an agency’s regulation) “shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.” 31 U.S.C. §§ 1349(a), 1518.

In addition, an officer or employee who “knowingly and willfully” violates any of the three provisions cited above “shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.” 31 U.S.C. §§ 1350, 1519.

Comment by Anon Thursday, May 24, 07 @ 1:26 pm
…‘Grand Theft Auto’ Leads to Pilfering of State Funds: Governor’s Defense of Violent Video Games Law Nears $1 Million … LOL!! Sounds more Like “Grand Theft Illinois”.

Comment by A Citizen Thursday, May 24, 07 @ 1:28 pm
Another reason why a no-change budget might be a good idea.

If the agencies “had the money” maybe they didn’t need the money for something else? Or maybe the agency directors just weren’t bright enough (or too politically compromised) to Just Say No.

Either way, another taxpayer ripoff–the unneeded funds or paying for the hopeless legal case.

Comment by Cassandra Thursday, May 24, 07 @ 1:43 pm
-Anon- Has anyone ever been prosecuted under the Antideficiency Act? If so, in Illinois?

Comment by A Citizen Thursday, May 24, 07 @ 2:13 pm
Future Blago Spin Machine Statement: We’ll Not Risk Another Frontal Assault. That Rabbit’s Dynamite!
Courtesy: Monty Python

Comment by Northside Bunker Thursday, May 24, 07 @ 2:17 pm
I find the Federal Government’s Antideficiency Act very interesting. Those fee’s should not have been paid by those agencys. I can see where the gov would think it was state business. The agency directors should be held accountable also along with GOMB.

Comment by Just Because Thursday, May 24, 07 @ 2:24 pm
The Governor should just add those costs on to his campaign fund’s tab at Winston & Strawn.

Comment by Yellow Dog Democrat Thursday, May 24, 07 @ 2:29 pm
Is the Anti-deficiency Act only applicable to federal funds? Seems as though that should be the case.

Comment by Fan of the Game Thursday, May 24, 07 @ 2:29 pm
If legal the ad would still be running!!

Comment by NIEVA Thursday, May 24, 07 @ 2:38 pm
- NIEVA - And if they hadn’t been “caught” the ad would still be running.

Comment by A Citizen Thursday, May 24, 07 @ 2:41 pm
With regard to the ad which has been pulled. It is undeniable that it did run. What is the penalty for running the ad? Will it be enforced?If I rob a bank but decide later to return the money, should I be prosecuted? Of course, unless I am the governor!

Comment by one of the 35 Thursday, May 24, 07 @ 2:45 pm
So why is it that this State Police ad has been pulled after a few complaints but Blago was successful in putting out campaign ads, er, policy statements coincidently during the campaign touting programs for different agencies, yet using his name to do so? Why now and not then? And who’s going to stop him from doing this in 2010? Fitzgerald - because Blago will be under indictment? I believe Blago will be indicted but at the speed with which Fitz is moving, my 6 year old grandchild will be in college.

Comment by Little Egypt Thursday, May 24, 07 @ 3:04 pm
- Little Egypt

It will be well before that, think positive!

Comment by Chill Thursday, May 24, 07 @ 3:25 pm
Think how many child protection staff, welfare caseworkers, prison guards, or community health personnel could have been hired with those funds skimmed off the tops of the state agencies involved??? Then again, the money might have just funded another $84 thousand dollar a year driver for the Secretary.

Comment by Former State Employee Thursday, May 24, 07 @ 3:49 pm
“Under the State Officials and Employees Ethics Act, which Blagojevich has frequently lauded as a landmark reform measure, broadcast advertisements and public-service announcements on behalf of a state-administered program cannot contain the name, image or voice of a statewide elected official or state lawmaker.”

Nice law, Rod, you should try to follow it some time. I heard that public servicespot on the air, and it was really written as a pure campaign spot for Rod: it’s 25 seconds of how great Rod is protecting your kids from internet sickos, and five seconds of: “here’s a state police tip lne if you come across something shady”. And it’s not even like this is really a big operation: it’s a website link to a simple form and an overworked trooper reading the postings. it’s not like the crew from the Dateline Tv predator house are ready to roll out and come to your rescue.

The PIO’s of the various state agencies have had standing orders since before the re-election to jam Rod’s name onto or into anything that stands still long enough to be so jammed. Regardless of the apropriateness. None of this should surprise anyone.

As to Frank’s investigation, he released that last news week and folks are just now discovering it? He did his tv show all about it on the local Comcast cable Tv channel.

I want to know why Rod didn’t pay those fees out of his massive campaign fund, instead of robbing public aid money from widows and orphans, salaries and equipment for prison guards and state troopers, public health programs and benefits programs. So he could get a national level press pop to the soccer moms? This is reform and renewal, this is ethics, this is leadership and being responsible!?!?!

Game Over, Rod, you’ve been pwned.

Comment by Tell me another Thursday, May 24, 07 @ 4:04 pm
Is misappropriation of government funds by the executive branch an impeachable offense? We need to find one soon, before Rod puts this state out of business.

Comment by Keyser Soze Thursday, May 24, 07 @ 4:16 pm
These are just more examples of why BLAGO cannot be trusted with any more taxpayer money. Blago just spends however he feels like it doesnt matter if it legal or just wasteful. NO NEW TAXES BLAGO WILL JUST WASTE MORE MONEY.

Comment by fed up Thursday, May 24, 07 @ 4:21 pm
I think the governor is doing a great job. So far, all I have seen are witch hunts by the media to go after this poor guy. He is doing his best so please back off of him. His strategists on his team are very smart and some of the best in the business. He is from Chicago and thus has the experience of maneuvering through the Chicago machine. The GRT is a great plan with only the richest companies paying their fair share. We need education. We do not spend enough on the kids and the teachers. Give them more money and you will see the results sky rocket. It happens all of the time. You need to see this as an investment in our gangbanger chicago public school kids. Way to go Rod!!!!! (tongue in cheek)

Comment by RickMonday Thursday, May 24, 07 @ 4:28 pm
It’s a shame (particularly so closely following an election) that we all hope that Fitzgerald will come in and save us from Rod or Emil, but we all had a chance to get rid of these guys not too long ago. The voters of Illinois should really be ashamed of themselves. They voted to retain these guys.

Comment by Gene Parmesan Thursday, May 24, 07 @ 4:36 pm
Blago kept going with this stupid lawsuit because he was horrible at playing these games.

Comment by Crimefighter Thursday, May 24, 07 @ 4:40 pm
Who cares what Franks says or does?
Answer: Franks.
This guy seems to talk just to hear himself talk.

Comment by (618) Democrat Thursday, May 24, 07 @ 5:01 pm
I think IL. will be all right. The governor is an attorney.

Comment by Shelbyville Thursday, May 24, 07 @ 5:03 pm
Any Milo sightings today Thursday, May 24, 2007?

Comment by Beginning of the End Thursday, May 24, 07 @ 5:16 pm
We really need to get to know one of his neighbors. They could give us a daily accounting of his jogging around the neighborhood, gardening, grocery shopping, cooking for Patti and the kids, taking out the garbage, whoops therein lies the rub! Fitz’s guys are picking up his garbage these days. Anyway, give the neighbor angle some thought, it could be fun!

Comment by A Citizen Thursday, May 24, 07 @ 5:27 pm
Rich- Yesterday you let Bill call Tribune readers morons, and today Rick Monday is calling Chicago school kids gangbangers. What happened to the quality control here??

Comment by Decatur Dave Thursday, May 24, 07 @ 6:30 pm
Shelbyville - Thursday, May 24, 07 @ 5:03 pm:

I think IL. will be all right. The governor is an attorney.

Yes, this is true. But remember, 50% of all practicing lawyers finished in the bottom half of their graduating class.

Comment by Papa Legba Thursday, May 24, 07 @ 8:25 pm
GOMB thinks that appropriation law does not apply to them. Just look at the “memorandums of understanding” agencies have been forced to absorb. How about the Governor’s staff funded by several different agencies to keep his budget down? How about the legal contracts agencies have to eat that have nothing to do with them? How about the consulting contracts agencies have to eat that have nothing to do with them?

I hope there is a no-growth budget. This Governor can’t be trusted and Filan’s version of GOMB is one of the main sources of his problems.

Comment by Policy Wonk Thursday, May 24, 07 @ 9:05 pm
I agree, Filan/Blago can’t have many tricks left in their trickbag. The moment of truth is approaching and it’s going to be a major trainwreck!

Comment by A Citizen Thursday, May 24, 07 @ 9:12 pm
Have you noticed the new DNR brochures for state sites? For decades the name of the DNR director was printed on the back page. Now it’s gone. Instead now the name of the state site is moved down the page on the front to make room for a black box with the governor’s name.

At what point did the governor think he deserves top billing in everything.

Comment by Down in Egypt Thursday, May 24, 07 @ 11:09 pm
Everyone talks about the governor, but nobody does anything about him. Illinois deserves his kind of leadership.

Comment by Patriot Friday, May 25, 07 @ 6:14 am
What are the impeachment laws and rules in Illinois?
Can anyone (a taxpaying citizen) start the process or does it have to be another lawmaker?

Comment by Big Blonde Friday, May 25, 07 @ 7:52 am
Seriously, is there any process for bringing legal action against the Gov for misappropriation of funds? The problem with this type of news anymore is that people are used to it. People expect it, this administration has taken us to new lows in Illinois. Can’t get enough of these Chicago dems…

Comment by Holdingontomywallet Friday, May 25, 07 @ 8:30 am
And…where is the accountability of the agency directors who approved a portion of their budgets being used for the Gov’s legal defense? They are responsible for their budgets and this is a blantant misuse of funds.

Comment by Holdingontomywallet Friday, May 25, 07 @ 8:49 am