Erik Wallin, Candidate for Attorney General, today released his Honest Operation of Public Entities (HOPE) Act as part of his plan to combat political corruption that continues to plague Rhode Island. "Over the past year, I have traveled the state detailing to Rhode Islanders my plan to aggressively combat the public corruption that continues seemingly unabated. The HOPE Act represents some of the toughest penalties for those who betray the public trust," Wallin stated.

The legislation would create a public corruption section of the general laws that includes bribery of public officials or by public officials, embezzlement, obtaining public property by false pretenses, and conversion of public property, each with their own strengthened penalty provisions. The legislation creates a mandatory minimum prison sentence with a maximum penalty of up to 20 years and a $750,000 fine for those convicted of offering or accepting a bribe, a penalty as severe as Colorado, one of the least corrupt states. "Our public servants, including elected office holders, need to start understanding that Rhode Islanders have had it with this ongoing betrayal. Just because you have access to a truck or other heavy equipment, or can vote on a contract, does not mean you get to use it for personal reasons or get added benefits to your elected duties. The HOPE Act puts everyone on notice," Wallin said. "Just as important," Wallin continued, "the HOPE Act revokes the pension of any elected official or public employee convicted of public corruption - Period."

The legislation also creates civil liability for public corruption profiteering which can be pursued independent of any criminal prosecution against an individual or a business. Current statute requires a criminal prosecution. The HOPE Act also eliminates the statute of limitations for public corruption offenses. "No longer should Rhode Islanders face the excuse of the statute of limitations as the reason why we cannot pursue the corrupt - under my bill, that shield will be gone," Wallin stated and noted that this was the case with the $75 million misspent and misappropriated at the Resource Recovery Corporation. "Public corruption is just as evil as bigamy, burglary, forgery and counterfeiting, and all of these crimes have no statute of limitations."

The HOPE Act also codifies Wallin's plan to create a Public Corruption Task Force in the Department of the Attorney General with the powers and duties to investigate and prosecute public corruption and creates a Public Integrity Unit in the Department of Public Safety that will work in conjunction with the Attorney General. "As Attorney General I will institute a Public Corruption Task Force regardless of whether this bill passes, however, the HOPE Act represents a policy statement for all future Attorneys General that we will not allow the investigation and prosecution of the corrupt to be anything less than a top priority," Wallin said.

The HOPE Act also details the process by which a special prosecutor is appointed. Currently, a special prosecutor is appointed by the inherent power of the Attorney General. Under the HOPE Act, once the Attorney General determines that a conflict exists, the Attorney General will notify a three judge panel, comprised of the Chief Judge of the Family and District Courts and the Presiding Justice of the Superior Court, and request that the panel appoint a special prosecutor. In addition, any actions that the Attorney General disagrees with or disapproves of must also be done in agreement with the Deputy Attorney General, along with reporting requirements to the General Assembly and the Governor. "The HOPE Act codifies the process and removes it from any attempt to influence the special prosecutor," Wallin stated.

Other provisions of the HOPE Act include:

Elected officials that are convicted of public corruption will be forever disqualified from holding public office or working for the state or any municipality.

Suspends any public official or public employee (except statewide general officers or members of the General Assembly) and if convicted removes them from their position and prohibits them from any future job in the municipality and state.

Increases law enforcement's tools to investigate those suspected of public corruption.

"The HOPE Act gives us just that - the Hope and tools to make it clear that Rhode Islanders will not tolerate the almost weekly news reports about bribes demanded by public officials, no show jobs by municipal and quasi-public employees, the taking home of public property for personal use, and any other action that has not yet been discovered. As Attorney General, I will relentlessly hunt down the publicly corrupt - with or without the HOPE Act, and follow the trail of corruption no matter where it leads, to a high elected official or a person with a no show job, whether Republican, Democrat, Moderate or Independant, no one will be above the law." Wallin finished.

A Plan to Crack Down on Public Corruption: The Honest Operation of Public Entities (HOPE) Act



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