OCE Referral Regarding Rep. Duncan D. Hunter

Mar 23, 2017

Investigations

OCE Referral Regarding Rep. Duncan D. Hunter

On August 31, 2016, the Office of Congressional Ethics transmitted a referral to the Committee on Ethics of the United States House of Representatives regarding Rep. Duncan D. Hunter.

Nature of the Review

Representative Duncan D. Hunter’s congressional campaign committee, Duncan D. Hunter for Congress, reported expenditures that may not be legitimate and verifiable campaign expenditures attributable to bona fide campaign or political purposes. Rep. Hunter may have converted tens of thousands of dollars of campaign funds from his congressional campaign committee to personal use to pay for family travel, flights, utilities, health care, school uniforms and tuition, jewelry, groceries, and other goods, services, and expenses. If Rep. Hunter converted funds from his congressional campaign committee for personal use, then he may have violated House rules, standards of conduct, and federal law.

OCE Recommendation

The Board recommended that the Committee on Ethics further review the above allegations concerning Rep. Hunter because there is substantial reason to believe that Rep. Hunter converted campaign funds to personal use to pay expenses that were not legitimate and verifiable campaign expenditures attributable to bona fide campaign or political purposes.

Committee Action

On March 23, 2017, the Committee on Ethics released the OCE report regarding Rep. Hunter, but not the findings. The Committee released a statement indicating the Department of Justice had asked the Committee to defer consideration of this matter and the Committee, following precedent, unanimously voted to defer consideration of this matter at that time.

On March 23, 2018, the Commitee on Ethics released a statement indicating it was continuing to defer consideration of the matter. At least annually, the Committee will make a public statement if it continues to defer taking action on the matter, the statement said. The OCE's findings will be released eventually.

On August 21, 2018, Rep. Hunter was indicted on federal charges of conspiracy, wire fraud, falsifying campaign finance records, prohibited use of campaign contributions, and false statements. Pursuant to Committee Rule 18(e)(2), within 30 days of a Member being indicted or otherwise formally charged with criminal conduct, the Committee shall either establish an Investigative Subcommittee (ISC) or report to the House with its reasons for not establishing an ISC.

On September 6, 2018, the Committee released a statement indicating it unanimously voted to establish an ISC. The Department of Justice requested the Committee defer consideration of the matters in the ISC's jurisdiction. The Committee unanimously recommended the ISC defer action on its investigation regarding Rep. Hunter.

On May 3, 2019, in accordance with House Rule XI, clause 3, and Committee Rules 10(a)(2) and 18(e)(2), and following Committee precedent, the Committee released a statement reporting it unanimously voted to reestablish the ISC in the 116th Congress to review allegations involving Rep. Hunter.

On December 3, 2019, Rep. Hunter pleaded guilty to one count of conspiring to misuse campaign funds.

On December 6, 2019, the Committee released a statement reporting that the Department of Justice withdrew its request that the Committee defer consideration of this matter. Purusant to House Rule XI, clause 3(b)(8)(B)(iii) and Committee Rule 17A(f)(2), if an ISC does not conclude its review before the end of the Congress in which the report of the Board is made public, the Committe shall release any findings of the Board on the last day of that Congress, but is not required to when deferring action at the request of appropriate law enforcement. Because deferral is no longer requested and the last day of the Congress in which the OCE Report's was made public has passed, the Committee made public the OCE's findings in this matter.

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OCE Referral Regarding Rep. Duncan D. Hunter

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OCE Referral Regarding Rep. Duncan D. Hunter