Mail firm weighs options

Wednesday, April 5, 2000 | 11:31 a.m.

The attorney for Las Vegas' largest direct mailing company says he does not yet know how his client will respond to a federal grand jury subpoena stemming from an unflattering depiction of County Commissioner Lance Malone in a flier.

"We are considering options of what to do," attorney John Boyer said this morning. Boyer represents Passkey Systems, which mailed thousands of anonymous fliers last month that read: "You Just Can't Trust Lance Malone."

The federal action and Malone's state civil suit over the fliers stems from Malone's swing vote Jan. 19 approving a casino in highly residential Spring Valley -- a decision that angered groups who oppose neighborhood casinos.

A Passkey representative either has to appear before the federal grand jury at 8:30 a.m. on April 12 in Room 2305 of the Foley Federal Building or mail the invoices and all other related materials to the grand jury before that date, Boyer said of the subpoena issued Tuesday.

"Lance Malone has been trying hard to find out who sent the fliers," Boyer said, declining to speculate on what the federal grand jury is looking for. He said, however, many of the things Malone is seeking in his civil suit are requested in the federal subpoena.

A source close to the case says federal officials are trying to determine if federal mail fraud was committed.

Attempts to reach Malone for comment today were unsuccessful. He is up for re-election in November.

Malone's civil case -- oral arguments of which are set for April 11 in District Court -- stems from a state law that prohibits anonymous political ads except for those that are paid for by an individual.

The American Civil Liberties Union is battling with the state over that statute, which it believes is unconstitutional.

Boyer says anonymous participation is a longstanding part of American politics and that Passkey's customers are entitled to confidentiality.

Boyer has filed state court papers to quash Malone's efforts to find out who sent out the mailer, which shows a cartoon of Malone looking sheepish. His shirt and pants pockets are stuffed with money.

The flier claims Malone, "took over $100,000 from companies that support more neighborhood casinos."

Sun reporter Adrienne Packer contributed to this report.