BOSTON — A watchdog group says U.S. Rep. Lori Trahan "knowingly and willfully violated federal law" by loaning money to her campaign ahead of the 2018 election.
In a new filing to the Federal Election Commission, the Campaign Legal Center says an investigation by the House Ethics Committee suggests Trahan illegally tapped hundreds of thousands of dollars of her husband's money for her campaign and falsely reported the contributions as personal loans.
The Washington, D.C.-based center filed a complaint with the FEC a year ago. Since then, it says, the House ethics probe has poked holes in Trahan’s defense.
"The evidence undermines any claim that these were merely innocent errors," Adav Noti, the center's general counsel, wrote in the supplemental complaint to the FEC. "Instead, the available facts provide reason to believe Rep. Trahan intentionally misled voters about her campaign financing at the height of the election, knowingly depriving those voters of information to which they are entitled by law."
Trahan, a Westford Democrat, loaned herself $371,000 as part of her bid to win the 3rd Congressional District seat previously held by Rep. Niki Tsongas.
The money helped fuel a last-minute advertising blitz that some say pushed the political newcomer over the top in a 10-way Democratic primary last September. She won by 145 votes — a margin upheld in a recount between her and fellow Democrat Dan Koh. Trahan went on to defeat Republican Rick Green and independent Mike Mullen in the Nov. 6 election.
Trahan spokesman Mark McDevitt denied any wrongdoing and said she expects to be cleared of the allegations.
"There is nothing new here," McDevitt said in a statement responding to the Campaign Legal Center’s updated filing. "This complaint recycles old allegations, while ignoring the law and the facts clearly showing that the funds loaned by Rep. Trahan to her campaign were her personal funds under FEC rules."
"We are confident that the FEC and Ethics Committee will find that Rep. Trahan fully complied with the law, once they have the chance to review this matter," he added.
The Campaign Legal Center filed its original complaint a year ago, alleging that Trahan didn't have enough income and assets to cover the loans, based on the financial disclosures filed with the Clerk of the House of Representatives. It suggested the loans were backed by her husband, David Trahan, a real estate developer.
Trahan at first denied that any of the money belonged to her husband, but she later acknowledged drawing money from a joint account. Under federal campaign finance law, spouses are limited to the same $2,700 maximum contribution to a candidate as any other supporter.
Trahan said the couple signed a prenuptial agreement before they were married, stating that their incomes would be considered joint property.
In its updated complaint, the Campaign Legal Center Calls that defense "meritless" and points out that FEC rules still consider spousal funds to be subject to contribution limits.
"The process of transferring these funds from David Trahan’s accounts to a joint account did not transform these funds into Rep. Trahan’s assets, or even jointly owned assets," the groups said in the amended complaint.
It's not clear when — or if — the commission will judge the complaint. The six-member board is down to three members, and thus lacks a quorum to hold hearings on investigations.
Trahan also faces a House Ethics complaint filed by the Foundation for Accountability and Civic Trust, a conservative watchdog, questioning the source of her campaign funds.
Last month, the House Committee on Ethics released a report detailing the allegations and recommending that an investigation continue.
The committee said there is "substantial reason to believe that Trahan’s campaign committee accepted personal loans and contributions that exceeded campaign contribution limits."
Christian M. Wade covers the Massachusetts Statehouse for The Eagle-Tribune. Email him at cwade@cnhi.com
