Friday, Oct. 18, 2002 | 10:04 a.m.
CARSON CITY -- In a memo released Thursday, Secretary of State Dean Heller suggests that Attorney General Frankie Sue Del Papa pressured one of her deputies to change a legal opinion to favor a political candidate Del Papa supports.
Heller, in the memo dated Oct. 10, says that Senior Deputy Attorney General Kateri Cavin was swayed by political pressure to alter her advice to favor Democratic attorney general candidate John Hunt, who is backed by Del Papa.
Del Papa called Heller's allegation "unwarranted and irresponsible." She said Heller owes Cavin an apology for making the false allegations.
Del Papa and Chief Assistant Attorney General Tom Patton denied Del Papa ever met with Cavin to influence her opinion. They said nobody pressured Cavin.
Patton said it would be a professional violation if Cavin's superiors sought to exert political influence in giving legal advice. Del Papa said Heller "was way off base."
This is the latest incident in the battle between Heller, a Republican, and Del Papa, a Democrat, over the handling of an investigation into an allegation by GOP attorney general candidate Brian Sandoval that Hunt accepted illegal campaign funds.
Heller, in his memo to Del Papa on Oct. 10, said Cavin held one opinion on the way to proceed with an investigation. He said Cavin returned shortly after a meeting on Oct. 4 in the secretary of state's office and flip-flopped in a way that would favor Hunt.
Heller said his staff "specifically asked Ms. Cavin if she could look them in the eye and tell them the (new) memorandum contained her opinion. Ms. Cavin responded in the negative and informed them that the memorandum was the result of a conversation she had with you (Del Papa) after she left my office that day."
Heller said, "The fact that Ms. Cavin would allow political or other pressure to sway her independent legal judgment to me as her client, and distort the facts surrounding her discussions with my staff and I, is inexcusable."
Heller on Oct. 10 asked that Cavin be reassigned to other agencies. She was transferred to other duties after serving as legal adviser for the secretary of state's office for at least 10 years.
Patton denied Cavin had ever told officials in the secretary of state's office that she had met with Del Papa. He said Cavin met with him and Ann Wilkinson, acting chief of the civil division, to discuss her concerns about the investigation.
Patton said neither he nor Wilkinson pressured Cavin to change her opinion. He said Cavin never altered her stance. He only advised Cavin to put her concerns in a memo to Heller, he said.
The core issue is whether the secretary of state could ask Hunt and others involved to supply affidavits whether illegal funds were funneled into the Hunt campaign. Heller said he was advised by Cavin he could ask for these affidavits and to follow past practices.
Cavin, in her memo to Heller, said that after she left his office Oct. 4, she did additional research and found that the secretary of state had not asked for affidavits in an investigation involving a political flier portraying former Clark County Commissioner Lance Malone.
She told Heller that his plan to ask for affidavits was not consistent with past practices. She said Heller should follow the past procedures. And she told Heller that, "the advice of this office has never hinged upon either attorney general candidate's party affiliation or political endorsement."
Heller said there was never a time when his office tried to change the course of the process of the investigation.
The complaint against Hunt, filed with the secretary of state's office, was brought by Peter Ernaut, Sandoval's campaign manager, who suggested the law has been broken that prohibits making a campaign contribution in the name of another person.
Ernaut said at least $158,500 of $582,000 in Hunt collections came from the Vestin Group, its founder Michael Shustek and company employees. He questioned whether the employees received raises or bonuses to cover the contributions or whether they served as a "pass through" for Shustek to circumvent contribution limits.
Heller directed Hunt to answer the complaint on Sept. 23. But he said the answer he got from Hunt's lawyer, Donald Campbell of Las Vegas, was not satisfactory.
After meeting with Cavin, he decided to ask Hunt, Shustek and the 41 employees who gave money for statements whether this money had been funneled through them.
He said Cavin advised him he had the authority to seek affidavits.
Shortly after that, Hunt's campaign released a document in which 30 of the employees said they voluntarily contributed their own money and were not a front for Shustek.
Cavin said that document "in my opinion obviated the need to submit follow up questions." But Heller disagreed, saying he wanted to proceed with the investigation.
Parker said letters were sent Thursday to Hunt, Shustek and the 41 employees, who were asked to answer by Oct. 28.
Parker said Heller ordered the release of the confidential memos because Del Papa violated the confidence when she revealed that Heller had asked that Cavin be reassigned.
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