Rackauckas Fined In Non-Report Of Gang Reduction Donations

Orange County District Attorney Tony Rackauckas agreed to pay a $21,000 fine for late filing of donations to the Orange County Gang Reduction Intervention Partnership--a program that encourages local children to stay out of gangs, according to records obtained Tuesday from the Fair Political Practices Commission.

The commission on Sept. 21 will consider an agreement Rackauckas has crafted with the watchdog agency's staff.

The county's top prosecutor failed to report, within a 30-day deadline, $190,000 in donations made to the Orange County Gang Reduction and Intervention Partnership, or OC GRIP, program last fall. Donations in excess of $5,000 must be reported within 30 days.

"Rackauckas contends he did not directly solicit the donations in question at the time they were made but became aware of the need to file Form 803 behested payment reports for the donations when reviewing 'thank you' notes to the donors," according to the commission's staff report.

The following donations were involved:

• $5,000 from the Duda Family Foundation on Oct. 24;
• $25,000 from the Heritage Fields El Toro LLC on Oct. 27;
• $5,000 from Angels Baseball on Oct. 27;
• $25,000 from Robinson Calgagnie Inc. on Oct. 28;
• $10,000 from the Massiah Foundation on Nov. 1;
• $10,000 from Lyon Living on Nov. 1;
• $10,000 from Larkin Living Trust 1982 on Nov. 3;
• $35,000 from Broadcom founder Henry Nicholas on Nov. 22;
• $25,000 from Republican strategist Michael Schroeder on Dec. 28;
• $10,000 from Delta Partners on Sept. 29;
• $10,000 from Keller Anderle LLP on Oct. 11;
• $5,000 from Michael Harrah on Oct. 12;
• $5,000 from Greenburg Gross LLP on Oct. 18
• $10,000 from SA Recycling on Oct. 20.

Rackauckas filed the correct paperwork for all of the donations on June 29.

In 2014, Rackauckas took in $102,500 in donations of $5,000 or more for OC GRIP and filed the correct paperwork on time, but the Orange County Registrar of Voters failed to file the reports and the county's top prosecutor was not found liable for missing the deadline, according to the commission.

The maximum penalty he could have faced was $70,000

Orange County Supervisor Todd Spitzer slammed his former boss for the oversight. Spitzer acknowledged that campaign finance law can be complicated and errors can be made, but contended that Rackauckas:

"did not commit an innocent error. He has been caught red-handed trying to violate campaign finance laws and now the Fair Political Practices Commission staff is recommending that he pay $21,000 in fines for failing to report $190,000 in funds he solicited from major donors.

Rackauckas re-election campaign spokesman Dave Gilliard said the candidate "was working to raise money for a charity that strives to keep kids out of gangs and, in the words of the FPPC, `the enforcement division found no indication the violations were intentional."'

Orange County Supervisor Todd Spitzer is running to replace Rackauckas as DA.

Through his attorney, Rackauckas stated that there was no intent to hide the funds raised, merely a lateness in filing the donations in excess of $5,000.

"FEPC can fine up to $5,000 for each violation, but they generally fine at a lower level when there was no intent to conceal, or that late filing was inadvertent," Chuck Bell, counsel for Rackauckas said. "There was no intent to hide, he had previously filed the behested payment reports, and when it was discovered, it was immediately filed."

City News Service contributed to this report.

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