Tom Anderson (politician)
Encyclopedia
Thomas T. "Tom" Anderson (born August 4, 1967) is a consultant and former Alaska state representative
for District 19 representing northeast Anchorage, Alaska
. Anderson, a Republican
, served in the Alaska Legislature
for two terms, from 2003 until 2007, and became known for his sponsorship of legislation which expanded Alaska's DNA
database to assist in forensic identification of criminal suspects through DNA testing
.
On December 6, 2006, Anderson was indicted by a federal grand jury on seven felony counts of extortion
, bribery
, conspiracy
, and money laundering
involving allegations that he took bribes of nearly $13,000 in return for using his official position as a legislator to advocate for private prisons. In July 2007 he was found guilty on all seven felony counts and was sentenced in October 2007 to 60 months imprisonment to commence at the Federal Prison Camp
in Sheridan, Oregon
, on December 3, 2007.
and later general manager
of the Sullivan Arena
, and his wife Christiane. Anderson attended Muldoon Elementary School and Clark Junior High, and graduated from Bartlett High School
in 1985, He attended University of Alaska Anchorage
(UAA) from 1985 to 1993, earning a B.A. in Political Science in 1989 and an M.A. in Public Administration in 1993. Beginning in 1991, while still a student at UAA, he served as chief of staff for Representative Terry Martin, an East Anchorage Republican who was first elected to the House in 1978. In that capacity, Anderson was also was an aide for the legislature
's Budget and Audit Committee and the House Finance Committee. During this time he was also on the board of directors for the Anchorage Parking Authority Board from 1992 to 1995 and, from 1995 to 1996, he was vice-chair of the Anchorage Light & Power Commission.
Anderson then returned to school, attending Hamline School of Law in St. Paul, Minnesota, from 1996 to 1999, when he earned his Juris Doctor
, and on returning to Anchorage became a legal and public affairs consultant. He served on the Anchorage Zoning Board of Appeals and Examiners from 1999 to 2001 and in 2000 was a member of the transition team for Anchorage Mayor George Wuerch
. He also worked as a law clerk for local attorneys.
In August 2000, Anderson was appointed over 29 other applicants by the Anchorage School Board
, on a vote of 5 to 1, to fill out the term of school board member Kathi Gillespie, who had resigned the previous month. By the time of his appointment to the school board, Anderson was divorced with three children, one of whom attended elementary school; the other two lived in Dallas. In April 2001, Anderson was defeated for a full term on the board by challenger Jake Metcalfe.
against Democrat
Owen Carey for Alaska House
District 19, covering the Muldoon area of Anchorage
. He defeated Carey in the November 5 election.
With other legislators, Anderson was sworn into office at the state capital in Juneau
as a member of the 23rd Alaska Legislature on January 21, 2003. Anderson served as chair of the House Labor and Commerce Committee and Vice-Chair of the House Judiciary Committee. He was also a member of the House committees on Community and Regional Affairs and Administrative Regulation Review, the Finance Subcommittees in the Administration, Corrections, Public Safety, and Revenue committees, and, during the first legislative session (in 2003), the Conference Committee on SJR 8.
During the first legislative session in 2003, Anderson championed House Bill 49, of which he was co-sponsor, to expand the state DNA database by requiring DNA samples from all convicted felons; any person convicted of a felony or misdemeanor crime against a person, such as assault; and anyone convicted of a misdemeanor sex offense. The bill applied the DNA sample requirement retroactively to people currently imprisoned or on parole for those crimes, as well as anyone required to register as a sex offender. Some serious juvenile offenders were also included under HB 49. The bill enjoyed wide bipartisan support, and was signed into law by Gov. Frank Murkowski
on June 13, 2003. However, in October 2003 a federal judge issued a temporary restraining order which disallowed the state from requiring DNA samples from convicted sex offenders who had completed their sentences unless the state had first obtained a warrant and shown probable cause to believe a crime had been committed. Ultimately, the portion of the law requiring registered sex offenders who had completed their sentences to provide DNA samples was struck down as unconstitutional by U.S. District Judge John Sedwick; other provisions of the law remained intact.
In the second legislative session in 2004, Anderson was the House sponsor of a "payday loan
" bill to regulate short-term, high-interest loans. The bill was passed and signed into law by Gov. Frank Murkowski in June 2004. Critics charges that the new law did not regulate loaners enough, still permitting them to charge fees for payday loans that amounted to interest rates of over 300 percent when calculated on an annual percentage basis. An Associated Press wire story about the bill noted that Anderson had received campaign contributions of $500 each (for a total of $1000) from the two co-owners of Cash Alaska, a payday lending company that had also hired former state senator Tim Kelly to push for the bill. (The Senate sponsor of the bill, John Cowdery
, had received a $500 campaign contribution from one of the owners of the business).
In July 2004, Anderson was criticized in an Anchorage Daily News
editorial for signing a $10,000 contract in 2003 with the Alaska oilfield services company VECO Corporation to consult "on local government and community council affairs." Anderson had earlier told the Anchorage Daily News that he'd been approached by VECO after the end of the 2003 legislative session because it was aware he'd done similar consulting work before he became a legislator. He told the newspaper that most of his work for VECO was in seeking out civic and charitable events for the company to get involved in, and that he also monitored Anchorage's community councils to see if there were zoning cases or other issues under discussion that might affect VECO. The newspaper noted that Anderson had received about $4,000 in campaign contributions from VECO employees or their spouses in the 2002 election that won him his first term in the Alaska House. By July 2004 he had received at least $3,500 in VECO-related contributions for his 2004 reelection bid.
Members of the community council later recalled Anderson attending all their meetings during 2003, and assumed he was attending as their representative in the state legislature. They did not learn he was there as a consultant for VECO until 2004, when his state financial disclosure form was filed with the Alaska Public Offices Commission, as required by law.
By the April 2006 election for Northeast Community Council, the effects of the 2004 takeover had been partially reversed, leaving the council nearly half and half liberal and conservative.
24th Alaska Legislature
In 2004, Anderson ran for reelection to the Alaska House of Representatives. He defeated fellow Republican Louis Mayo in the August primary and in the November 2 general election defeated Democratic challenger Peggy Robinson.
In September 2005 it was disclosed that Anderson and Lesil McGuire, a fellow Republican representative from Anchorage, had married during the summer and that Anderson was moving out of his district to live with McGuire in her South Anchorage residence. Anderson stated that he intended to serve out the remainder of his term and not run for re-election. Alaska law specifies that legislative candidates must have lived in their district for at least one year immediately before filing for office, but nothing is said in the statute about legislators being required to maintain residence in their district for the entire course of their term.
Anderson continued to work as a consultant during his time in the legislature. He had a $10,000 contract with VECO Corporation in 2003 to consult "on local government and community council affairs." During his first term as a legislator he also had a $20,000 consulting contract with the Alaska Telephone Association, a group of rural telephone companies. Anderson told the Anchorage Daily News the contract was to advise the association on member relations and to research telecommunications policies in other states. The association's executive director said the contract was to educate its members on how to be more effective in dealings with lawmakers. As chair of the House Labor and Commerce Committee, Anderson dealt in an official capacity with telecommunications issues, but Anderson said he was careful to avoid conflicts of interest and did not push his employers' interests. Anderson reported a total of $30,000 in income from VECO between 2003 and 2005.
Anderson also reported to the Alaska Public Offices Commission outside income from Pacific Publishing for $10,000 in 2004 and $5,000 from Anchorage developer Marc Marlow in 2005. In total, he received $65,000 in outside consulting fees during his first three years in office. As an outgoing legislator, Anderson was not required to report his outside income for 2006.
In 2006 after the end of the regular 2006 legislative session, Anderson registered with the Municipality of Anchorage as a municipal lobbyist and worked briefly again for Anchorage CHARR in opposition to a proposed measure to extend a smoking ban in Anchorage restaurants and most indoor public spaces to also cover bars and bingo halls. By Alaska state law, legislators are not permitted to perform lobbyist work that would require them to register with the Alaska Public Offices Commission for a full year after they leave office, but lobbying the municipality on local issues did not appear to require registration with APOC. In July Anderson was hired by the Anchorage Home Builders Association for $2,500 per month. The following month he testified before the Anchorage Assembly in favor of two stores that Wal-Mart
wanted to build in his legislative district. The Northeast Community Council opposed the stores. At the Assembly meeting, Assembly chair Dan Sullivan introduced Anderson as "Representative Anderson," but Anderson corrected him, stating that he was at the meeting in representation of the home builders association, which favored the Wal-Mart stores.
Later in 2006, Anderson was hired as executive director of the Midtown Improvement District, which was then in the process of forming.
served some 20 search warrants in Anchorage
, Juneau
, Wasilla
, Eagle River
, Girdwood
and Willow
, primarily on the offices of several legislators. Anderson's office was not searched, but as it became clear that legislators' ties to VECO Corporation was one target of the raids, Anderson, along with Sen. Ben Stevens
(whose office had been searched), became the subject of articles in the Anchorage Daily News scrutinizing Anderson's and Stevens' outside incomes as consultants. Disclosure of the search warrant served on Rep. Vic Kohring, another of the six legislators searched, revealed that federal investigators were also interested in information related to Anchorage developer Marc Marlow and about Cornell Companies' effort in cooperation with VECO Corporation to build a private prison in Whittier
, an effort which failed due to lack of local support. The Daily News observed, "Those documents, though lacking detail or context, suggest that the probe is wide-ranging and not focused on any one company, issue or individual."
and was held overnight in the Anchorage jail. Anderson had been indicted the previous day on seven counts, including two counts of extortion
, one count of bribery
, one count of conspiracy
, and three counts of money laundering
involving the use of a sham corporation to hide the origin of the bribery payments.
Anderson was specifically accused of accepting a share of $26,000 from a private corrections company funneled to him through a shell corporation called Pacific Publishing that was set up by a lobbyist, identified in Anderson's charging documents as "Lobbyist A" and later identified as prominent Anchorage lobbyist Bill Bobrick, to disguise the source of payments. Unbeknownst to Anderson or Bobrick, their contact with the private corporations company was a confidential source of the FBI working undercover. According to federal prosecutors, the private corrections company — unidentified in the court documents but widely believed to be Cornell Companies — was not implicated in the plot, and had been unaware of the FBI investigation until Anderson's indictment and arrest. The confidential informant in the case was believed to be Frank Prewitt
, a former commissioner of the Alaska Department of Corrections who later took a job with Cornell Companies. Frank Prewitt's identity as the confidential informer was later confirmed.
of the U.S. Department of Justice
, as part of a larger probe of political corruption in Alaska, and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke of the District of Alaska.
in an investigation and prosecution arising out of an oil spill on Alaska's North Slope in 2006 made it impossible for him to take on Anderson's defense as well.
A letter soliciting funds for the Tom Anderson Defense Fund was sent to about 100 individuals in February 2007 in order to help Anderson defray legal costs, which it was estimated would cost up to $250,000 due to extensive pretrial preparation and a trial which was expected to last about two weeks.
, was charged with one count of conspiracy to commit extortion, bribery, and money laundering in the same scheme for which Anderson was indicted the previous December. Bobrick was the creator of the shell corporation, Pacific Publishing, through which money was allegedly funneled to Anderson. Bobrick also received money through the scheme. Bobrick appeared in U.S. District Court in Anchorage on May 16, where he entered a guilty plea. Bobrick will not be sentenced until after the trial of Tom Anderson, scheduled to begin June 25, where Bobrick will testify for the prosecution. Under sentencing guidelines Bobrick faceed a possible 2 to 2-1/2 years imprisonment, but his sentence was five months in prison and five months home confinement plus fines and community service.
Jury selection for the trial began on June 25, 2007, drawing from a pool of 102 potential jurors from as far away as Dillingham
and Bethel
. Several potential jurors were challenged because they had already made judgments about Anderson's guilt or innocence or for other reasons. One potential juror was excluded because she had researched Anderson on Wikipedia.
On July 9, 2007, after a half day of deliberations and another half of a day to come to their conclusions, a jury found Anderson guilty on all seven charges of extortion
, bribery
, conspiracy
and money laundering
. Anderson said he would appeal the verdict, claiming that, ""The prosecution has criminalized being a legislator over this past year. And I think I fell victim to that." His sentencing was scheduled for October 2, 2007, but was delayed until October 14, 2007. Anderson faced a maximum penalty of 20 years imprisonment and a $250,000 fine on the extortion counts; 20 years and a $500,000 fine on each of the money laundering counts; 10 years and a $250,000 fine on the bribery count; and five years and a $250,000 fine on the conspiracy count. He was ultimately sentenced to a term of 60 months in prison and was required to surrender to the Federal Prison Camp in Sheridan, Oregon
, on December 3, 2007.
Alaska House of Representatives
The Alaska House of Representatives is the lower house in the Alaska Legislature, the state legislature of the U.S. state of Alaska. The House is composed of 40 members, each of whom represents a district of about 15,673 people . Members serve two-year terms without term limits...
for District 19 representing northeast Anchorage, Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
. Anderson, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, served in the Alaska Legislature
Alaska Legislature
The Alaska Legislature is the state legislature of the U.S. state of Alaska. It is a bicameral institution, consisting of the lower Alaska House of Representatives, with 40 members, and the upper house Alaska Senate, with 20 members...
for two terms, from 2003 until 2007, and became known for his sponsorship of legislation which expanded Alaska's DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
database to assist in forensic identification of criminal suspects through DNA testing
Genetic fingerprinting
DNA profiling is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier...
.
On December 6, 2006, Anderson was indicted by a federal grand jury on seven felony counts of extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
involving allegations that he took bribes of nearly $13,000 in return for using his official position as a legislator to advocate for private prisons. In July 2007 he was found guilty on all seven felony counts and was sentenced in October 2007 to 60 months imprisonment to commence at the Federal Prison Camp
Federal Correctional Institution, Sheridan
Federal Correctional Institution Sheridan is a federal prison operated by the Federal Bureau of Prisons in Sheridan, Oregon, United States. This medium security facility, along with its satellite prison camp and detention center, houses approximately 2000 male inmates...
in Sheridan, Oregon
Sheridan, Oregon
Sheridan is a city in Yamhill County, Oregon, United States. Platted in the 1860s when it received a post office, the city was incorporated in 1880. A major fire burned much of the city in 1913, and a flood covered much of the city in 1964...
, on December 3, 2007.
Early life and career
Anderson was born in Anchorage, one of two sons of Col. Tom R. Anderson, former director of the Alaska State TroopersAlaska State Troopers
The Division of Alaska State Troopers is the state police agency of Alaska. It is a division of the Alaska Department of Public Safety . The Alaska State Troopers are a full service law enforcement agency and handle both traffic and criminal law enforcement...
and later general manager
General manager
General manager is a descriptive term for certain executives in a business operation. It is also a formal title held by some business executives, most commonly in the hospitality industry.-Generic usage:...
of the Sullivan Arena
Sullivan Arena
The George M. Sullivan Arena is an arena in Anchorage, Alaska. The arena opened in 1983 and has a seating capacity of 8,700 for basketball, 6,251 for hockey...
, and his wife Christiane. Anderson attended Muldoon Elementary School and Clark Junior High, and graduated from Bartlett High School
Bartlett High School (Anchorage, Alaska)
Bartlett High School is a high school in Anchorage, Alaska. The high school enrolled 1,729 students as of 2007. Construction started in 1971 and the first classes were held in 1974, the school originally housed both Bartlett High School, named after U.S. Senator Bob Bartlett, and Begich Junior High...
in 1985, He attended University of Alaska Anchorage
University of Alaska Anchorage
The University of Alaska Anchorage is the largest school of the University of Alaska System, with about 16,500 students, about 14,000 of whom attend classes at Goose Lake, its main campus in Anchorage....
(UAA) from 1985 to 1993, earning a B.A. in Political Science in 1989 and an M.A. in Public Administration in 1993. Beginning in 1991, while still a student at UAA, he served as chief of staff for Representative Terry Martin, an East Anchorage Republican who was first elected to the House in 1978. In that capacity, Anderson was also was an aide for the legislature
Alaska Legislature
The Alaska Legislature is the state legislature of the U.S. state of Alaska. It is a bicameral institution, consisting of the lower Alaska House of Representatives, with 40 members, and the upper house Alaska Senate, with 20 members...
's Budget and Audit Committee and the House Finance Committee. During this time he was also on the board of directors for the Anchorage Parking Authority Board from 1992 to 1995 and, from 1995 to 1996, he was vice-chair of the Anchorage Light & Power Commission.
Anderson then returned to school, attending Hamline School of Law in St. Paul, Minnesota, from 1996 to 1999, when he earned his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
, and on returning to Anchorage became a legal and public affairs consultant. He served on the Anchorage Zoning Board of Appeals and Examiners from 1999 to 2001 and in 2000 was a member of the transition team for Anchorage Mayor George Wuerch
George Wuerch
George P. Wuerch is an American politician and a member of the Republican Party. He served as mayor of Anchorage, Alaska from 2000 to 2003....
. He also worked as a law clerk for local attorneys.
In August 2000, Anderson was appointed over 29 other applicants by the Anchorage School Board
Anchorage School District
The Anchorage School District manages all public schools within the Municipality of Anchorage in the U.S. state of Alaska. It is the 93rd largest school district in the United States, serving nearly 50,000 students at over 90 schools. As one of the United States' largest districts, it is often...
, on a vote of 5 to 1, to fill out the term of school board member Kathi Gillespie, who had resigned the previous month. By the time of his appointment to the school board, Anderson was divorced with three children, one of whom attended elementary school; the other two lived in Dallas. In April 2001, Anderson was defeated for a full term on the board by challenger Jake Metcalfe.
Consulting business
Anderson registered for a business license for a consulting business called Alaska Strategic Consultants on November 9, 1999. In 2001, Anderson, through his consulting business, had six clients, each of which paid him over $1,000. The clients included the electronic parts supplier Frigid North and the bar, restaurant, and liquor trade association Anchorage Cabaret, Hotel, Restaurant and Retailers Association (CHARR). In 2002, Anderson, acting as CHARR's executive director, received $40,800 from the association.23rd Alaska Legislature
In 2002 Anderson, then serving as executive director of the Anchorage Cabaret, Hotel, Restaurant and Retailers Association (CHARR), a trade association of Anchorage-area bars and restaurants, ran as a RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
against Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Owen Carey for Alaska House
Alaska House of Representatives
The Alaska House of Representatives is the lower house in the Alaska Legislature, the state legislature of the U.S. state of Alaska. The House is composed of 40 members, each of whom represents a district of about 15,673 people . Members serve two-year terms without term limits...
District 19, covering the Muldoon area of Anchorage
Anchorage, Alaska
Anchorage is a unified home rule municipality in the southcentral part of the U.S. state of Alaska. It is the northernmost major city in the United States...
. He defeated Carey in the November 5 election.
With other legislators, Anderson was sworn into office at the state capital in Juneau
Juneau, Alaska
The City and Borough of Juneau is a unified municipality located on the Gastineau Channel in the panhandle of the U.S. state of Alaska. It has been the capital of Alaska since 1906, when the government of the then-District of Alaska was moved from Sitka as dictated by the U.S. Congress in 1900...
as a member of the 23rd Alaska Legislature on January 21, 2003. Anderson served as chair of the House Labor and Commerce Committee and Vice-Chair of the House Judiciary Committee. He was also a member of the House committees on Community and Regional Affairs and Administrative Regulation Review, the Finance Subcommittees in the Administration, Corrections, Public Safety, and Revenue committees, and, during the first legislative session (in 2003), the Conference Committee on SJR 8.
During the first legislative session in 2003, Anderson championed House Bill 49, of which he was co-sponsor, to expand the state DNA database by requiring DNA samples from all convicted felons; any person convicted of a felony or misdemeanor crime against a person, such as assault; and anyone convicted of a misdemeanor sex offense. The bill applied the DNA sample requirement retroactively to people currently imprisoned or on parole for those crimes, as well as anyone required to register as a sex offender. Some serious juvenile offenders were also included under HB 49. The bill enjoyed wide bipartisan support, and was signed into law by Gov. Frank Murkowski
Frank Murkowski
Francis Hughes Murkowski is an American politician and a member of the Republican Party. He was a United States Senator from Alaska from 1981 until 2002 and the eighth Governor of Alaska from 2002 until 2006.- Early life and career :...
on June 13, 2003. However, in October 2003 a federal judge issued a temporary restraining order which disallowed the state from requiring DNA samples from convicted sex offenders who had completed their sentences unless the state had first obtained a warrant and shown probable cause to believe a crime had been committed. Ultimately, the portion of the law requiring registered sex offenders who had completed their sentences to provide DNA samples was struck down as unconstitutional by U.S. District Judge John Sedwick; other provisions of the law remained intact.
In the second legislative session in 2004, Anderson was the House sponsor of a "payday loan
Payday loan
A payday loan is a small, short-term loan that is intended to cover a borrower's expenses until his or her next payday. The loans are also sometimes referred to as cash advances, though that term can also refer to cash provided against a prearranged line of credit such as a credit card...
" bill to regulate short-term, high-interest loans. The bill was passed and signed into law by Gov. Frank Murkowski in June 2004. Critics charges that the new law did not regulate loaners enough, still permitting them to charge fees for payday loans that amounted to interest rates of over 300 percent when calculated on an annual percentage basis. An Associated Press wire story about the bill noted that Anderson had received campaign contributions of $500 each (for a total of $1000) from the two co-owners of Cash Alaska, a payday lending company that had also hired former state senator Tim Kelly to push for the bill. (The Senate sponsor of the bill, John Cowdery
John Cowdery
John Cowdery is a Republican member of the Alaska Senate, representing the O District since 2001. He was previously a member of the Alaska House of Representatives from 1982 through 1984, and from 1997 through 2000.-External links:...
, had received a $500 campaign contribution from one of the owners of the business).
Relationship and marriage
Anderson married Rep. Lesil McGuire (R-Anchorage) early in the summer of 2005 and in March 2006 McGuire gave birth to a son.Northeast Community Council
Anderson played a significant role over two years from 2002 to 2004 in changing the composition of Anchorage's Northeast Community Council to reflect more conservative political and economic views. Anderson encouraged friends and allies, including pastors and members of the locally influential Anchorage Baptist Temple, to pack the town meeting-style community council elections. By May 2004, six of the nine community council board members, including its president, were friends and political allies of Anderson. While Anchorage's community councils have no real authority, they are influential with the Anchorage Assembly because, according to Dick Traini, then chair of the Anchorage Assembly, "they are the active people in the community that choose to be involved." Community council involvement has been a first step in the political careers of several Alaska politicians.In July 2004, Anderson was criticized in an Anchorage Daily News
Anchorage Daily News
The Anchorage Daily News is a daily newspaper based in Anchorage, Alaska, in the United States. It is often referred to colloquially as either "the Daily News" or "the ADN"...
editorial for signing a $10,000 contract in 2003 with the Alaska oilfield services company VECO Corporation to consult "on local government and community council affairs." Anderson had earlier told the Anchorage Daily News that he'd been approached by VECO after the end of the 2003 legislative session because it was aware he'd done similar consulting work before he became a legislator. He told the newspaper that most of his work for VECO was in seeking out civic and charitable events for the company to get involved in, and that he also monitored Anchorage's community councils to see if there were zoning cases or other issues under discussion that might affect VECO. The newspaper noted that Anderson had received about $4,000 in campaign contributions from VECO employees or their spouses in the 2002 election that won him his first term in the Alaska House. By July 2004 he had received at least $3,500 in VECO-related contributions for his 2004 reelection bid.
Members of the community council later recalled Anderson attending all their meetings during 2003, and assumed he was attending as their representative in the state legislature. They did not learn he was there as a consultant for VECO until 2004, when his state financial disclosure form was filed with the Alaska Public Offices Commission, as required by law.
By the April 2006 election for Northeast Community Council, the effects of the 2004 takeover had been partially reversed, leaving the council nearly half and half liberal and conservative.
24th Alaska Legislature24th Alaska State LegislatureThe 24th Alaska State Legislature served during 2005 and 2006. 9 members of the Alaska Senate were elected on November 5, 2002. The remaining senators and all members of the Alaska House of Representatives were elected on November 2, 2004.-Sessions:...
In 2004, Anderson ran for reelection to the Alaska House of Representatives. He defeated fellow Republican Louis Mayo in the August primary and in the November 2 general election defeated Democratic challenger Peggy Robinson.In September 2005 it was disclosed that Anderson and Lesil McGuire, a fellow Republican representative from Anchorage, had married during the summer and that Anderson was moving out of his district to live with McGuire in her South Anchorage residence. Anderson stated that he intended to serve out the remainder of his term and not run for re-election. Alaska law specifies that legislative candidates must have lived in their district for at least one year immediately before filing for office, but nothing is said in the statute about legislators being required to maintain residence in their district for the entire course of their term.
Consulting work while in legislature
| Work performed for: | 2003 | 2004 | 2005 | Total |
|---|---|---|---|---|
| VECO Corporation | $10,000 | $17,500 | $2,500 | $30,000 |
| Alaska Telephone Association | $20,000 | — | — | $20,000 |
| Pacific Publishing | — | $10,000 | — | $10,000 |
| Marc Marlow | — | — | $5,000 | $5,000 |
| Annual total | $30,000 | $27,500 | $7,500 | $65,000 |
Anderson continued to work as a consultant during his time in the legislature. He had a $10,000 contract with VECO Corporation in 2003 to consult "on local government and community council affairs." During his first term as a legislator he also had a $20,000 consulting contract with the Alaska Telephone Association, a group of rural telephone companies. Anderson told the Anchorage Daily News the contract was to advise the association on member relations and to research telecommunications policies in other states. The association's executive director said the contract was to educate its members on how to be more effective in dealings with lawmakers. As chair of the House Labor and Commerce Committee, Anderson dealt in an official capacity with telecommunications issues, but Anderson said he was careful to avoid conflicts of interest and did not push his employers' interests. Anderson reported a total of $30,000 in income from VECO between 2003 and 2005.
Anderson also reported to the Alaska Public Offices Commission outside income from Pacific Publishing for $10,000 in 2004 and $5,000 from Anchorage developer Marc Marlow in 2005. In total, he received $65,000 in outside consulting fees during his first three years in office. As an outgoing legislator, Anderson was not required to report his outside income for 2006.
In 2006 after the end of the regular 2006 legislative session, Anderson registered with the Municipality of Anchorage as a municipal lobbyist and worked briefly again for Anchorage CHARR in opposition to a proposed measure to extend a smoking ban in Anchorage restaurants and most indoor public spaces to also cover bars and bingo halls. By Alaska state law, legislators are not permitted to perform lobbyist work that would require them to register with the Alaska Public Offices Commission for a full year after they leave office, but lobbying the municipality on local issues did not appear to require registration with APOC. In July Anderson was hired by the Anchorage Home Builders Association for $2,500 per month. The following month he testified before the Anchorage Assembly in favor of two stores that Wal-Mart
Wal-Mart
Wal-Mart Stores, Inc. , branded as Walmart since 2008 and Wal-Mart before then, is an American public multinational corporation that runs chains of large discount department stores and warehouse stores. The company is the world's 18th largest public corporation, according to the Forbes Global 2000...
wanted to build in his legislative district. The Northeast Community Council opposed the stores. At the Assembly meeting, Assembly chair Dan Sullivan introduced Anderson as "Representative Anderson," but Anderson corrected him, stating that he was at the meeting in representation of the home builders association, which favored the Wal-Mart stores.
Later in 2006, Anderson was hired as executive director of the Midtown Improvement District, which was then in the process of forming.
Federal corruption probe
On August 31 and September 1, 2006, the FBIFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
served some 20 search warrants in Anchorage
Anchorage, Alaska
Anchorage is a unified home rule municipality in the southcentral part of the U.S. state of Alaska. It is the northernmost major city in the United States...
, Juneau
Juneau, Alaska
The City and Borough of Juneau is a unified municipality located on the Gastineau Channel in the panhandle of the U.S. state of Alaska. It has been the capital of Alaska since 1906, when the government of the then-District of Alaska was moved from Sitka as dictated by the U.S. Congress in 1900...
, Wasilla
Wasilla, Alaska
Wasilla is a city in Matanuska-Susitna Borough, United States and the sixth-largest city in Alaska. It is located on the northern point of Cook Inlet in the Matanuska-Susitna Valley of the southcentral part of the state. The city's population was 7,831 at the 2010 census...
, Eagle River
Eagle River, Alaska
Eagle River is a community within the Municipality of Anchorage situated on the Eagle River for which it is named, between Fort Richardson and Chugach State Park in the Chugach Mountains. Its ZIP code is 99577...
, Girdwood
Girdwood, Alaska
Girdwood is an unincorporated year-round ski resort community within the Municipality of Anchorage in the U.S. state of Alaska. It lies in a valley in the Chugach Mountains near the end of the Turnagain Arm of Cook Inlet, 36 miles southeast of Anchorage proper.It is surrounded by seven permanent...
and Willow
Willow, Alaska
Willow is a census-designated place in the Matanuska-Susitna Borough in the U.S. state of Alaska. It is part of the Anchorage, Alaska Metropolitan Statistical Area. At the 2000 census the population was 1,658.-History:...
, primarily on the offices of several legislators. Anderson's office was not searched, but as it became clear that legislators' ties to VECO Corporation was one target of the raids, Anderson, along with Sen. Ben Stevens
Ben Stevens
Ben Stevens is an American politician and former President of the Alaska State Senate. He is a Republican and the son of former United States Senator Ted Stevens, the longest serving Republican in United States Senate history.- Career :...
(whose office had been searched), became the subject of articles in the Anchorage Daily News scrutinizing Anderson's and Stevens' outside incomes as consultants. Disclosure of the search warrant served on Rep. Vic Kohring, another of the six legislators searched, revealed that federal investigators were also interested in information related to Anchorage developer Marc Marlow and about Cornell Companies' effort in cooperation with VECO Corporation to build a private prison in Whittier
Whittier, Alaska
Whittier is a city in the Valdez-Cordova Census Area, in the U.S. state of Alaska. As of 2006, the population was 177. The city is also a port for the Alaska Marine Highway.-Geography:...
, an effort which failed due to lack of local support. The Daily News observed, "Those documents, though lacking detail or context, suggest that the probe is wide-ranging and not focused on any one company, issue or individual."
Indictment and arrest
On December 7, 2006, Anderson was arrested on a federal warrant at his home by agents of the Federal Bureau of InvestigationFederal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
and was held overnight in the Anchorage jail. Anderson had been indicted the previous day on seven counts, including two counts of extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, one count of bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, one count of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, and three counts of money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
involving the use of a sham corporation to hide the origin of the bribery payments.
Anderson was specifically accused of accepting a share of $26,000 from a private corrections company funneled to him through a shell corporation called Pacific Publishing that was set up by a lobbyist, identified in Anderson's charging documents as "Lobbyist A" and later identified as prominent Anchorage lobbyist Bill Bobrick, to disguise the source of payments. Unbeknownst to Anderson or Bobrick, their contact with the private corporations company was a confidential source of the FBI working undercover. According to federal prosecutors, the private corrections company — unidentified in the court documents but widely believed to be Cornell Companies — was not implicated in the plot, and had been unaware of the FBI investigation until Anderson's indictment and arrest. The confidential informant in the case was believed to be Frank Prewitt
Frank Prewitt
James Franklin Prewitt is an American attorney, government affairs consultant, and a confidential source the Federal Bureau of Investigation relied on to help prosecute "PolarPen," the Alaska political corruption probe...
, a former commissioner of the Alaska Department of Corrections who later took a job with Cornell Companies. Frank Prewitt's identity as the confidential informer was later confirmed.
Prosecution
The case against Anderson was prosecuted by Nicholas A. Marsh and Edward P. Sullivan of the Public Integrity SectionPublic Integrity Section
The Public Integrity Section is a section of the Criminal Division of the U.S. Department of Justice charged with combating political corruption at all levels of government through the prosecution of corrupt federal, state, and local elected and appointed public officials.-Administrative...
of the U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, as part of a larger probe of political corruption in Alaska, and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke of the District of Alaska.
Defense
Anderson was represented by Anchorage attorney Paul Stockler, a former state prosecutor who usually handles civil litigation. Stockler successfully defended an Anchorage aviation company against federal weapons charges in a prominent case in 2006. Anderson had originally hoped to be represented by attorney Jeff Feldman, but Feldman's case load, which included representation of BPBP
BP p.l.c. is a global oil and gas company headquartered in London, United Kingdom. It is the third-largest energy company and fourth-largest company in the world measured by revenues and one of the six oil and gas "supermajors"...
in an investigation and prosecution arising out of an oil spill on Alaska's North Slope in 2006 made it impossible for him to take on Anderson's defense as well.
A letter soliciting funds for the Tom Anderson Defense Fund was sent to about 100 individuals in February 2007 in order to help Anderson defray legal costs, which it was estimated would cost up to $250,000 due to extensive pretrial preparation and a trial which was expected to last about two weeks.
Bobrick charged, pled guilty
On May 14, 2007, William "Bill" Bobrick, a prominent municipal lobbyist in Anchorage and former executive director of the Alaska Democratic PartyAlaska Democratic Party
-Introduction:The Alaska Democratic Party is the primary Democratic Party political organization in the state of Alaska, headquartered in Anchorage....
, was charged with one count of conspiracy to commit extortion, bribery, and money laundering in the same scheme for which Anderson was indicted the previous December. Bobrick was the creator of the shell corporation, Pacific Publishing, through which money was allegedly funneled to Anderson. Bobrick also received money through the scheme. Bobrick appeared in U.S. District Court in Anchorage on May 16, where he entered a guilty plea. Bobrick will not be sentenced until after the trial of Tom Anderson, scheduled to begin June 25, where Bobrick will testify for the prosecution. Under sentencing guidelines Bobrick faceed a possible 2 to 2-1/2 years imprisonment, but his sentence was five months in prison and five months home confinement plus fines and community service.
Trial and sentencing
Anderson's trial was originally scheduled to begin on February 12, 2007, was changed to April 9, 2007, and was later rescheduled to begin on June 25, 2007, in order to give Anderson's attorney sufficient time to review evidence.Jury selection for the trial began on June 25, 2007, drawing from a pool of 102 potential jurors from as far away as Dillingham
Dillingham, Alaska
- Natural resources :Dillingham was once known as the Pacific salmon capital of the world and commercial fishing remains an important part of the local economy...
and Bethel
Bethel, Alaska
Bethel is a city located near the west coast of the U.S. state of Alaska, west of Anchorage. Accessible only by air and river, Bethel is the main port on the Kuskokwim River and is an administrative and transportation hub for the 56 villages in the Yukon-Kuskokwim Delta.Bethel is the largest...
. Several potential jurors were challenged because they had already made judgments about Anderson's guilt or innocence or for other reasons. One potential juror was excluded because she had researched Anderson on Wikipedia.
On July 9, 2007, after a half day of deliberations and another half of a day to come to their conclusions, a jury found Anderson guilty on all seven charges of extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
, bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
. Anderson said he would appeal the verdict, claiming that, ""The prosecution has criminalized being a legislator over this past year. And I think I fell victim to that." His sentencing was scheduled for October 2, 2007, but was delayed until October 14, 2007. Anderson faced a maximum penalty of 20 years imprisonment and a $250,000 fine on the extortion counts; 20 years and a $500,000 fine on each of the money laundering counts; 10 years and a $250,000 fine on the bribery count; and five years and a $250,000 fine on the conspiracy count. He was ultimately sentenced to a term of 60 months in prison and was required to surrender to the Federal Prison Camp in Sheridan, Oregon
Sheridan, Oregon
Sheridan is a city in Yamhill County, Oregon, United States. Platted in the 1860s when it received a post office, the city was incorporated in 1880. A major fire burned much of the city in 1913, and a flood covered much of the city in 1964...
, on December 3, 2007.
External links
- "Corrupt Republican Anderson begs for mercy." Continuing coverage of Alaska's Republican legislator scandal from AlaskaReport News.
- " FBI investigations into Alaska politics." Continuing coverage on public corruption in Alaska from the Anchorage Daily NewsAnchorage Daily NewsThe Anchorage Daily News is a daily newspaper based in Anchorage, Alaska, in the United States. It is often referred to colloquially as either "the Daily News" or "the ADN"...
.