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Bryant Can't Use Campaign Cash For Legal Expenses

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Dec 4, 2008 2:35 pm US/Eastern

Bryant Can't Use Campaign Cash For Legal Expenses

Ex-State NJ Sen. Bryant Guilty Of Fraud, Bribery

TRENTON, N.J. (AP) ― Former state Sen. Wayne Bryant can't use $640,000 in leftover campaign money to help pay legal bills in his recent federal corruption trial, a New Jersey appeals court panel ruled Thursday.

The once-powerful Camden County Democrat was convicted on 12 counts of bribery and pension fraud last month. He could receive 15 years or more when he is sentenced March 20.

The appeals court ruling affirms an advisory opinion issued in January by the state's Election Law Enforcement Commission (ELEC) barring use of the money for Bryant's criminal defense.

"Obviously, we're disappointed," said Bryant lawyer Robert Zoller. "We did believe based on prior decisions of the advisory committee and well-established federal precedent that the legal position we set forth was a strong one."

He said there's been no decision on whether to appeal.

Bryant, 61, the one-time chairman of the Senate Budget Committee, was indicted in March 2007. He did not run for re-election last fall after 25 years in the Legislature. His term in the Senate ended in January, nine months before his federal trial started.

ELEC determined that the senator's criminal defense costs were not an allowable use for leftover campaign donations. Bryant had asked ELEC whether he could tap into the unused money to help defend himself against the federal charges, the first time any politician had made such a request, ELEC Executive Director Frederick M. Herrmann said at the time.

ELEC advised that such legal bills were not "ordinary and necessary expenses of holding public office."

ELEC regulations allow candidates to use campaign money for some specified legal purposes, such as defending against a defamation suit or other civil charges. Defending against criminal charges is not on the list, the appeals panel noted, though using the funds for "personal use" is prohibited.

ELEC and its lawyer did not immediately return calls for comment.

The appeals panel was unswayed by Bryant's argument that the regulation should be applied consistent with federal guidelines. Instead, they found that ELEC's regulations were not modeled on the federal rules.

The Federal Elections Commission allows the use of campaign money to pay for defense against criminal charges, as long as the charges relate to "the candidate's activities or duties as a federal officeholder."

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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