OpsLens

Tax-Cheat Congressional Staffer Falsifies Security Clearance Paperwork

I wonder if US Congressman Bennie Thompson (D – Mississippi) has a headache from recent investigative findings of the Justice Department. Another indictment of Rep. Thompson’s long-term employee and current Chief of Staff Isaac Lanier Avant, brings more disrepute to congressional chambers. Per a Department of Justice announcement, Avant is in hot water for being a convicted tax-cheat and lying about it on a Security Clearance questionnaire.

House of Representatives staffer since 2000, Avant was promoted to Democratic staff director for the Homeland Security Committee in 2006. Avant failed to promptly file tax returns for five consecutive years (2008-2012) and was subsequently indicted/convicted, according to the Justice Department’s press release announcing Avant’s guard over his earnings.

Isaac Lanier Avant, Homeland Security Committee staff director and congressional aid to Rep. Bennie Thompson (Courtesy: Congressional Black Caucus Foundation)

As reported by the Hattiesburg American, “Federal officials said Avant, who earned more than $165,000 a year from 2008 to 2103, did not file timely returns. He also filed returns in 2006 and 2007 that included false deductions, justice officials said.”

“Federal officials said Avant, who earned more than $165,000 a year from 2008 to 2103, did not file timely returns. He also filed returns in 2006 and 2007 that included false deductions, justice officials said.”

“Avant allegedly had no federal income withheld during those years because in May 2005, he caused a form to be filed with his employer that falsely claimed he was exempt from federal income taxes.  According to the indictment, Avant did not have any federal tax withheld from his paycheck until the IRS mandated that his employer begin withholding in January 2013,” clarified Assistant US Attorney John Marston.

Paring it down: Avant submitted a form to his “employer” which translates to the House of Representatives in general and Rep. Bennie Thompson in particular. Therefore, there is record of official submission by Avant requesting a tax break. Technically, he achieved that goal, but it backfired in his face.

Congressman Bennie Thompson (D — Mississippi) supports his chief of staff whose latest indictment is for falsifying a Security Clearance questionnaire. (Courtesy: Wikimedia Commons)

It is stymieing to learn that anyone in the House of Representatives would even indulge the notion of relief from having to pay federal taxes. The Internal Revenue Service (IRS) having “mandated that his employer begin withholding in January 2013” spells self-imposed entitlements were quashed by tax codes. This is yet another nugget along the lines of what we keep seeing from those who hold office in the ivory tower.

The IRS mandate equated to corrective measures for Avant beckoning self-disqualification from paying taxes. Having been convicted of the tax evasion charges and “sentenced to four months of prison time, which would be served on the weekends over a 12-month period,” according to a Roll Call report, you’d think that would be the end of his misgivings. As part of his plea deal, Avant paid $153,522 in court-ordered restitution to the IRS. Case closed, right?

But that wasn’t the end. A new chapter emerged.

According to the DoJ, in both 2008 and 2013 Avant submitted federal Standard Form 86 (“Questionnaire for National Security Positions”) purposed to receive Top Security clearance. The latest indictment charges that “Avant willfully made a false statement” on September 18, 2013 when he replied “No” to a certain tax-based question.

Verbatim, the question on Standard Form 86 reads as follows: “In the past seven (7) years have you failed to file or pay federal, state, or other taxes when required by law or ordinance?” Kind of a rhetorical question, like a formality, don’t you think?

Although innocent until proven guilty, the federal sentencing guidelines Mr. Avant is facing delineates “a statutory maximum prison term of five years, as well as a term of supervised release and monetary penalties,” per a DoJ press release.

Publicly-available congressional salary data indicate that Avant has had a decent lifestyle supported by a robust economy for which he apparently felt he deserved more. For example, data provided by Legistorm indicate Avant banked $24,916 between April 22, 2017 and June 30, 2017 (70 days, including weekends) as Rep. Thompson’s chief of staff.

Similarly, Avant pocketed $42,825 between October 01, 2016 and December 31, 2016 (92 days, including weekends) as the House Homeland Security Committee staff director. Between July 01, 2017 and September 30, 2017, Avant made another $42,825…while also making $10,926 as a “Shared Employee” between January 03, 2017 and February 20, 2017. It appears several financial purses were available to him for his services on The Hill.

The irony is that Mr. Avant, the designated staff director for the US Homeland Security Committee whose purpose is to confront Top Security issues, is ensnared.

Despite being a convicted individual who is facing another DoJ indictment, the Roll Call announced Avant is still employed as a House of Representatives staffer, remaining under the tutelage of Rep. Thompson. Moreover, Congressman Thompson’s hometown newspaper, The Greenwood Commonwealth declared an indictment of its own on October 15, 2017 when it wrote “Breaking the law or being accused of it is apparently no big deal if you happen to work for U.S. Rep. Bennie Thompson.”

More Lawmakers Breaking Laws

In a similar case also announced by the Justice Department on October 11, 2017, now-former congressional staffer, Jason T. Posey plead guilty to “extensive fraud” for his role in a “money laundering scheme” which transpired in 2013 while under the direction of then-US Congressman Stephen E. Stockman (R – Texas). Justice officials contend that Posey, acting as Stockman’s director of special projects, orchestrated massive violations of Federal Election Committee laws at the direction of Stockman.

Former Republican Congressman Stephen Stockman awaits trial after two former congressional aids plead guilty and testified against him regarding multiple campaign finance law violations. (Courtesy: Wikimedia Commons)

Preceding all this is a 1998-lawsuit filed by then-Congressman Stockman against a political opponent who urged the Federal Election Committee (FEC) to conduct a lengthy investigation regarding allegations that Stockman was skirting federal election laws.

According to CourtListener.com, “The complaint against Stockman alleged that Stockman and his campaign violated the Campaign Act by publishing a newspaper, The Southeast Texas Times, out of Stockman’s home without disclosing that it was related to his campaign and by circumventing campaign contribution limitations.”

Pursuant to its “sixteen-month preliminary investigation, the FEC found reason to believe that Stockman violated the Campaign Act,” reported the Court Listener. In response to the FEC proceedings, Stockman “requested that the FEC dismiss the complaint against him without further investigation.” In a case of don’t-rock-the-boat-baby while placing all his weight to one side, Stockman counter-sued the FEC in 1995, claiming the agency took far too long to investigate the claims against him. That may have been the case, but my guess is the complexity, investigative consumption and detail-sifting far exceeded caricature-level sleuthing.

The framework for illicit behavior and public corruption was welded long ago, and it persisted nonetheless. Getting back to Posey, Stockman, and the 2013-era of their falsification, hijacking campaign finance rules, and bilking of donors, DoJ sewed-up its case and took down some government officials.

A federal grand jury proffered a 28-page indictment against Stockman. Ultimately, FBI agents arrested Stockman in March 2017 and charged him with one count of conspiracy to make “conduit contributions” and false statements (conspiracy to conceal the real source of the contributions by false attribution), one count of making excessive contributions, eight counts of mail and wire fraud, two counts of making false statements to the Federal Election Commission,  and one count of willfully filing a false 2013 Federal income tax return by not reporting some of his income, and eleven counts of money laundering.

Posey was arrested for a litany of charges to include two counts of making false statements to the Federal Election Commission, one count of making excessive contributions, one count of conspiracy to make conduit contributions and false statements, four counts of mail and wire fraud, and one count of falsification of records, and six counts of money laundering.

In a twist of irony, Stockman’s legal representation happens to be a court-appointed attorney, which means tax payers are footing his legal defense. At his arraignment, he was able to show the court that he had a mere $17 in the bank and could ill-afford legal representation. It is amazing how a dipper can keep dipping.

Waiving his right to a speedy trial, Stockman’s court-appointed lawyer filed for trial postponement since the US attorney general’s office disclosed 142,378 pages of documents amassed during its investigation. Granted by the court, Stockman’s trial is now scheduled to begin on January 29, 2018. So, at one point Stockman accused the government of taking too long to investigate him, while now he wishes for the wheels to go no faster than molasses. So be it.

Although Stockman is pleading “not guilty,” Posey and Thomas Dodd, another former Stockman aid involved in the corrupt campaign practices, already plead guilty and testified against their former politico boss, both of whom claimed he directed their criminal activities.

Lest we forget Congresswoman Debbie Wasserman Schultz (D – Florida) whose IT staffer, Imran Awan and company received millions before US Capitol Police honed in and unearthed some glaring improprieties (enormous data breach, significant wire transfers to Pakistan, attempt to flee the US while under investigation). That fiery fiasco is ongoing.

According to a Fox News report, “Most lawmakers fired Awan in February, but Wasserman Schultz had kept him on until his arrest in July [2017].”

“Wasserman Schultz blamed the ‘right-wing media circus fringe’ for the attention on Awan. The former head of the Democratic National Committee has suggested it’s all part of an effort to distract from the investigation of Russian meddling in the 2016 campaign and possible ties to President Trump’s team,” reported the Sun Sentinel.

There’s that Russian-meddling curve-ball again, thrown from the same mound by another Left-handed pitcher.

These are just a few examples of some misrepresentation in our House of Representatives on Capitol Hill.

For an institution charged with writing our nation’s rules and regulations, a number of lawmakers on The Hill seem rather deaf, dull, and blind to unlawful behaviors, often involving people they hire and work alongside…on our behalf.