Fed Ed's Lawyer: Forfeiture a Pain in the Assets

Jack McMahon, the colorful Philly defense lawyer who represents Allentown Mayor Edwin "Fed Ed" Pawlowski, has vowed to stand by his client until the bitter end. That may be coming soon. My experience in watching McMahon try cases in Northampton County is that once the money's gone, so is he. He filed no post trial motions in the Graf case. That's the lovely guy who killed his stepdaughter so he could videotape himself having sex with her dead body. Come to think of it, he filed no pretrial motions either. I'll shed no tears for that sicko, but McMahon took every cent he had. The same is true of the thug he ably represented in a south side Bethlehem shooting spree, who was convicted of involuntary manslaughter.  The end came once the money well went dry. A Morning Call report that Fed Ed's campaign accounts have been frozen is bad news for a McMahon looking for a few more paydays, and even worse for Fed Ed.

You see, Fed Ed has been using campaign funds to pay his lawyers. You don't think he'd use his own money, do you?

Back in February, I told you that Fed Ed had spent $80,000 from his state campaign coffers for criminal defense lawyers. Jack McMahon was paid $20,000 on September 3. Washington, DC law firm Womble, Carlyle, Sandridge and Rice was paid $20,000 on July 20 and $40,000 on September 22.

Why wasn't he using his federal funds?

The answer to that question comes from a prominent local lawyer who graduated at the top of his class from Georgetown Law. Instead of going to Wall Street, he stuck around. He represents poor people and talks to bottom-feeding bloggers. Go figure.

This year, Fed Ed transferred most of his remaining federal money - $75,000 - back into his state fund. He drew his federal fund down to just $18,944.

There are two reasons for this transfer.

First, he wants to avoid prying eyes. He must file quarterly federal reports. He waits until the last possible second to do so, which in one report caused an 18-day delay before the report was publicly available. But eventually, we all can follow the money and see how much he is paying his lawyers. If he pays his lawyers from his state funds, we won't know about it until February of next year. That's because he can just sit on his state fund and make no contributions, which is what triggers he reporting requirment.

Let's face it. He's never been a model of transparency.

The second reason he is using state funds instead of his federal treasury to pay his lawyers is because there is virtually no scrutiny by the state, while federal law is pretty clear. Unless he actually holds federal office, he is unable to use campaign funds to pay lawyers. Fed Ed may pay “ordinary and necessary expenses incurred in connection with the recipient's duties as a holder of Federal office . . . .” But Fed Ed has never held federal office! Any legal expenses have no relation to his “duties as a holder of federal office.”

My friend believes, and I agree, that the $75,000 transfer was made solely to circumvent the FEC’s case-by-case review as to personal expenses. In the end, that the $75,000.00 cannot be used for the legal fees, though there is no doubt in anyone's mind that is precisely what he is doing. .

I suspect that McMahon learned of the freeze when he attempted to cash the latest check from Fed Ed.

Miked Fleck was Fed Ed's campaign consultant, and had the authority to write checks on three bank accounts at two banks, where Pawlowski dumped all his bribes. Fleck was provided with a Notice of Forfeiture of those accounts when he pleaded guilty on April 21, 2016. He indicated at that time that he owed at least $50,750 in back taxes, and the accounts were obviously frozen to protect the government's interest in those funds.

This money is directly related to the bribery and extortion scheme in which both Fleck and Pawlowski were involved. Before a court order of forfeiture is entered, Fed Ed will have an opportunity to explain why he should be able to use the proceeds of criminal activity to pay his lawyers. He will be allowed to explain why he should be permitted to circumvent more stringent federal rules on campaign finance by by transferring this money into his state account. And he will lose.

In the meantime, I suspect the freeze will remain, and McMahon does not work for free. There are plenty of drug dealers who need a lawyer, and they have money.

Maybe Fed Ed should set up a GoFundMe account.

Forfeiture, incidentally, relates back to the ancient common law principle of deodand. Instruments used to commit crimes are forfeited to God.

It's a pain in the assets.