Moncrief indicted for campaign violations

Jace Radke and Ed Koch

Friday, Aug. 6, 2004 | 11:18 a.m.

Las Vegas City Councilwoman Janet Moncrief has been indicted by a grand jury for violating state campaign laws, sources close to the investigation said.

The five-count felony indictment, voted on by the grand jury Thursday, is expected to be unsealed in District Judge Kathy Hardcastle's courtroom today.

In 2003 Moncrief beat Councilman Michael McDonald 58 percent to 42 percent in a heated campaign, in which McDonald accused Moncrief of not reporting money being spent on her campaign.

In his complaint to the attorney general's office, McDonald's campaign manager, Jim Ferrence, said that she underestimated her contributions by 75 percent.

A source said Moncrief was being indicted Thursday on charges of filing a false campaign finance report and one charge of perjury.

The indictment includes allegations that Moncrief failed to report payments made to campaign workers, a source said.

The perjury count alleges that Moncrief failed to report the in-kind contributions of former City Councilman Steve Miller, a consultant to her campaign, "and/or" campaign manager Tony Dane, a source said.

An in-kind donation is typically a service that is given to the campaign, but under the law must be reported. Both Miller and Dane testified before the grand jury Thursday.

If Moncrief is convicted of felony charges, she would be removed from office. She could also face a prison sentence and fines.

Phone calls to Moncrief's city hall office were not immediately returned, and her attorney, Richard Wright, is out of town.

Mayor Oscar Goodman said early today he would not comment on the matter until he sees something official.

McDonald, who now is a consultant in the private sector, declined to comment specifically on the indictment, saying "she is entitled to due process."

McDonald, who was in Laguna Beach, Calif., on business today but had heard of the pending indictment, said he did not feel vindicated by it.

"She was elected by the voters regardless of what took place," McDonald said. "However, it would have been interesting to see what would have happened if it were a straight-up campaign."

Asked if he would consider running again should Moncrief be removed from office or resign, McDonald would not commit. Speculation by political observers is that Ward 1 business leaders and others are pooling resources to support a comeback bid by McDonald.

"Never say never," McDonald said. "But right now I'm happy doing my consulting work. I'm having a lot of fun."

Following Thursday's grand jury session, Senior Deputy Attorney General Conrad Hafen said that jurors had reached a decision on whether or not to indict Moncrief, but said he could not comment on the decision until after the scheduled release of the indictment today.

"I really can't say anything until after (the indictment is unsealed at) 11 a.m., but I can say that the grand jury has adjourned and that they have reached a decision," Hafen said.

After hearing testimony from Moncrief's campaign manager, a former councilman, and a teenage campaign worker, among other witnesses, the jurors took less than five minutes to make the decision on whether or not criminal charges would be brought against Moncrief.

After a six-month break to do more investigation, the state attorney general's office went back to a grand jury Thursday, recalling many of the same witnesses who testified before two previous grand juries.

The first witness was 17-year-old Jenna DiMartini, who confirmed that she worked on Moncrief's campaign. After testifying she declined further comment, saying she had been instructed not to talk about the proceedings.

The councilwoman's campaign manager, Tony Dane, testified for about 40 minutes and as he left the proceedings he smiled and said he had no comment.

Dane has previously told the Sun that the Moncrief campaign used teenage workers but did not report their wages.

Former Las Vegas Councilman Steve Miller followed Dane and testified for about 30 minutes. Miller also declined comment, saying, "I can't. My lips are zip, zipped."

Miller worked to elect Moncrief, then had a falling out with her after the election. He has said he worked on campaign fliers that attacked or misrepresented Moncrief's opponent.

Also testifying was a California man who runs a mailing service, who refused to give his name, and Jeff Evans, who Miller and others have said is the California printer who made up campaign fliers for Moncrief.