House Ethics panel issues Justice Department criminal referral for Guam delegate

The House Ethics Committee on Friday announced it is recommending evidence pertaining to allegations that Guam Del. Michael San Nicolas (D) accepted improper campaign contributions, attempted to cover it up, and tried to influence a witness be referred to the Department of Justice.

The panel — led by Chairman Ted Deutch (D-FL) and ranking member Jackie Walorski (R-IN) — first launched its investigation into San Nicolas over allegations of misuse of campaign funds for personal use, accepting improper donations, and an improper sexual relationship with a staffer in October 2019. An investigative subcommittee interviewed 11 witnesses and reviewed more than 5,000 pages of documents during its two-year investigation, according to the committee report released on Friday.

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“At the completion of its investigation, the ISC unanimously concluded that there was substantial evidence that Delegate San Nicolas accepted improper excessive campaign contributions; engaged in a conspiracy to hide the proceeds of the illicit campaign contributions; knowingly caused his campaign committee to file false or incomplete reports with the Federal Election Commission; and attempted to improperly influence a witness in connection with this Committee’s investigation,” the committee said in a statement, listing his alleged misdeeds.

The report on San Nicolas, a nonvoting member of the House, indicated he received $9,000 from one donor in 2018 in cash, far exceeding the $2,700 per cycle cap in place at the time, having asked the individual to provide it in cash. It also stated that through his campaign committee, he requested that the donor sign a prepared letter containing falsified information pertaining to the donation and sent a congressional staffer to instruct the donor to say it “never happened” in an attempt to interfere with their investigation.

Testimony from his former campaign manager laid out in the committee’s findings described an instance where San Nicolas had the staffer pick up a sealed envelope that contained $5,000 from the donor, which they delivered to San Nicolas’s office in the Guam Legislature, where he watched the nonvoting member count the money then stash it “in a corner ceiling tile in the library attached to his office in the Guam Legislature that he used as a ‘hiding place.’”

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In addition to stating there is significant evidence pointing to misuse of funds and improper donations, the panel took aim at San Nicolas for his lack of cooperation with their investigation.

“The Committee has previously uncovered evidence during its investigations of potential federal criminal violations by non-House individuals and referred such conduct to the Department of Justice,” the report said. “The Committee has also regularly deferred its investigations in order to permit the Department of Justice to complete its prosecution of criminal matters,” the report said.

San Nicolas announced his plans to run for governor in April. His office did not respond to a request for comment.

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