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June 26, 2002
BURKE, TWO FORMER CAMPAIGN AIDES CHARGED
By WisPolitics.com staff
MADISON -- Dane County District Attorney Brian Blanchard announced criminal charges against Milwaukee Democratic Sen. Brian Burke, alleging in part that the Joint Finance Committee co-chair and former attorney general candidate illegally solicited campaign contributions at the Capitol during meetings with lobbyists. Two former AG campaign aides were also charged.
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State Senator Brian Burke
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Burke or his campaign and office staff met at the Capitol with lobbyists or representatives of the Wisconsin Realtors Association, the Wisconsin Dental Association, the Wisconsin Bankers Association, the DeWitt, Ross & Stevens law firm, and the Foley & Lardner law firm and talked about AG campaign contributions, according to the criminal complaint.
At the end of the 6-month reporting period ending Dec. 31, 2001, Burke had more than $400,000 in his campaign warchest, far outdistancing the campaign funds of Vince Biskupic and Peg Lautenschlager, the other two candidates at the time. (See the campaign finance summary from Dec. 31)
The complaint portrays Burke as overseeing a joint Capitol-campaign office with employees doubling as campaign workers and with Burke being irritated at workers who didn't pull double duty. Burke also ignored questions from staffers about alleged improper activities, such as using a state cell phone for campaign purposes, the complaint said. ``Burke simply refused to get a separate cell phone for his campaign, insisting on using the state phone,'' the complaint said. ``Burke ... at times made campaign calls from a conference room adjoining the Senate floor.''
And in late March, says the complaint, Burke directed staff to pull and destroy campaign-related scheduling material. A staffer told investigators the material, mostly e-mails, was thrown in the garbage at her home. (See the complaint below)
Blanchard's office charged Burke with 18 felony counts, including 16 Class E felonies and two Class D felonies relating to alleged withholding and altering of evidence in an attempt to hide illegal use of state employees and state resources to conduct private campaign activity. He also is charged with lying on 10 different per diem expense vouchers. Class E felonies carry a maximum penalty of five years in prison and a $10,000 fine; Class D felonies carry a maximum penalty of 10 years in prison and a $10,000 fine. (See a summary of charges below)
``Criminal laws apply equally to everyone. We routinely charge people who forge other people's names on checks, embezzle from employers, or lie to police officers on the street. It is no less criminal when similar conduct occurs in our state Capitol,'' Blanchard said. `The complaint charges that Brian Burke intentionally hid facts related to forms of theft from the state of Wisconsin.''
Blanchard suggested there would be more charges. ``We have and will continue to work hard to follow the evidence where it leads, then make prosecution decisions as quickly as possible following careful consideration of all relevant facts and applicable laws,'' said Blanchard, who also made a public appeal for information about similar misconduct.
July 9 is the filing deadline for candidates seeking public office in the November elections. But Blanchard said that date is not a deadline: ``The dates on the political calendar aren't something that I think should be central in a criminal investigation....The dates on the political calendar can't be a focus.''
Will there be any more complaints in the next few weeks? "I won't comment on the ongoing scope or timing,'' Blanchard said.
The charges against Burke, 44, include misconduct in public office, fraudulent concealment of a public record, withholding subpoenaed documents, and alteration of documents subject to subpoena. Burke, who has dropped out of the attorney general's race and said he would not run for re-election, continues to maintain his innocence. (See his attorney's statement below) His initial court appearance is scheduled for Monday at 10 a.m. in Dane County Circuit Court.
Also charged were two former campaign aides: Tanya Bjork and Raghu Devaguptapu, both former employees of the now disbanded Assembly Democratic Caucus. WisPolitics.com has contacted their attorneys for a response.
According to the criminal complaint, charges against former campaign manager Bjork, 31, included solicitation of campaign contributions in a state building and fraudulent data manipulation. Those charges are misdemeanors. Bjork is Burke's chief of staff in his Senate office.
Devaguptapu, 29, was charged with solicitation of contributions in a state building with Burke. Burke's former AG campaign fundraiser, now working for the Democratic Legislative Campaign Committee in Washington, D.C., was charged with five civil forfeitures. He was not charged with any crime or with any involvement in evidence tampering, Blanchard said.
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