REPRESENTATIVE TIM BISHOP Representative Tim Bishop (D-NY) is a six-term member of Congress, representing New Yorks 1st congressional

district. His ethics issues stem from soliciting campaign contributions in connection with official actions and falsely reporting the date of those contributions. He was included in CREWs 2012 report on congressional corruption for related matters. 1 Soliciting Campaign Contributions Tied to Official Actions In May 2012, hedge fund investor Eric Semler began planning a fireworks display offshore near his Sagaponack, New York home as part of his sons bar mitzvah celebration. 2 Mr. Semler needed U.S. Coast Guard approval for the fireworks display. 3 Mr. Semler hired Fireworks by Grucci to stage the display and acquire the necessary permission, but the company missed a deadline, forcing Mr. Semler and Grucci to begin looking at other possible sites where they could stage the fireworks display, including a pond next to Mr. Semlers house. 4 On May 21, 2012five days before the partya Grucci employee e-mailed Mr. Semler that Southampton Town Trustee Fred Havermayer was the key official when it came to winning approval from the trustees. 5 Mr. Semler then contacted a business associate, Bob Sillerman, who was also a friend of Rep. Bishops and the finance chair for his campaign, asking for assistance. 6 Mr. Sillerman quickly forwarded an e-mail from Mr. Semler to the congressman, saying he would appreciate anything you could do, 7 and Rep. Bishop promptly responded, saying he had a very good relationship with Mr. Havermayer and believed he could help. 8 Later that day, Rep. Bishop and Mr. Semler spoke on the telephone and Rep. Bishop assured Mr. Semler he could get the necessary permits. 9 Rep. Bishop asked two members of his congressional staff to begin working on the matter. 10
For more information, see CREWs Most Corrupt 2012, available at http://www.crewsmostcorrupt.org/ mostcorrupt/entry/most-corrupt-members-of-congress-report-2012. 2 John Bresnahan, Tim Bishop's Bar Mitzvah Episode Could Spell Trouble, Politico, August 15, 2012; Office of Congressional Ethics, 113th Congress, Report, Review No. 13-3308, May 31, 2013 (OCE Report), at 7. 3 Id. 4 Id. at 8; Former Rep. Frank Grucci (R-NY), whom Rep. Bishop defeated in 2002, is the executive vice president and chief financial officer of Fireworks by Grucci. See Bresnahan, Politico, Aug. 15, 2012; http://www.grucci.com /indexhotel.html. 5 Id.; OCE Report, Exhibit 6, E-mail from Eric Semler to Grucci Employee, May 21, 2012. 6 OCE Report, at 8; Rep. Bishop told OCE that Mr. Sillerman still holds the title of finance chair with his campaign but has been inactive since 2006, though he continues to hold fundraisers and suggest people for Rep. Bishop to solicit for campaing contributions. See Id., Exhibit 7, Representative Tim Bishop Memorandum of Interview, April 18, 2013. 7 Id. at 8-9; Id., Exhibit 9, E-mail from Robert Sillerman to Rep. Timothy Bishop, May 21, 2012. 8 OCE Report, at 9. 9 Id. at 10. 10 Id.
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The next morning, Rep. Bishop called Mr. Havermayer briefly to discuss Mr. Semlers issue. 11 Mr. Semler subsequently spoke to both the congressman and Mr. Havermayer, and on May 22, 2012, e-mailed a contact at Grucci to say Mr. Havermayer spoke to local officials and everyone is on board. 12 At that point, Rep. Bishop appeared to believe Mr. Semlers issue was resolved. That same afternoon, Rep. Bishop e-mailed Mr. Sillerman: Ok, so just call me the friggin mailman-we are all set with Eric Semler. Hey, would you be willing to reach out to him to ask for a contribution? If he donates before June 26, he and his wife can each do 5 large-if it is after June 26, they can do a max of 2500. 13 Five minutes later, Mr. Sillerman e-mailed Mr. Semler, saying so I guess you and your wife really want to donate $5K each to Tim Bishop, right? 14 Mr. Semler immediately replied, absolutely! how do we do it? 15 Six minutes after that, Mr. Sillerman wrote back to Rep. Bishop, assuring him that Mr. Semler and his wife would each donate $5,000. 16 The next day, Molly Bishop, Rep. Bishops daughter and campaign fundraiser, e-mailed Mr. Semler, writing, Our Finance Chair, Bob Sillerman suggested to my dad that you were interested in contribution [sic] to his campaign and that I should be in touch directly with you. We are going to be in a tough, expensive campaign and so we are very grateful for your willingness to be of help. 17 Ms. Bishop pointed out the Semlers could donate up to $10,000 if they made the contribution before June 26, the deadline to contribute to the primary. 18 Mr. Semler did not immediately make a contribution, and told OCE that although he was impressed by Rep. Bishops work on his behalf, he found the solicitation abrupt. 19 The same day, Mr. Semler e-mailed Rep. Bishop and said issues raised by the New York State Department of Environmental Conservation (DEC) and U.S. Fish and Wildlife Service were threatening his plans for the fireworks display. 20 Rep. Bishop responded on May 24, 2012 to say he would try to help, and his staff continued to reach out to agencies on Mr. Semlers behalf. 21 On May 25, 2012, Rep. Bishop e-mailed Mr. Semler to say the fireworks display was good to go. 22 Mr. Semler responded later that day to thank Rep. Bishop. 23 A minute later, he
11 Id., at 10-11. Mr. Havermayer at one point told OCE he did not speak with Rep. Bishop, but rather, spoke with someone from Rep. Bishops office regarding the matter. He later told OCE that he had not been contacted by either the congressman or his staff. In addition, OCE said Mr. Havermayer was less than forthright in answering questions. See OCE Report, at 11, n. 41. 12 Id. at 11. 13 Id. at 12; Id., Exhibit 19, E-mail from Rep. Tim Bishop to Robert Sillerman, May 22, 2012 14 OCE Report, at 13. 15 Id. 16 Id. 17 Id. 18 OCE Report, at 13. 19 Id. at 14. 20 OCE Report, at 14 21 Id. at 14-16. 22 Id. at 16.

e-mailed Rep. Bishop again, presumably in error while attempting to write to Ms. Bishop, writing, mollywe would be happy to. Your dad is the first effective politician that I have met. very refreshing. 24 Rep. Bishop said he forwarded the e-mail to Ms. Bishop. 25 After the fireworks display had taken place, Mr. Semler e-mailed Grucci employees and complained about the trouble and expense the display had brought. 26 [I] forgot to mention also that i have to give $10k to tim bishops campaign for his help with the fireworksReally gross they didnt hesitate to solicit me in the heat of the battle. 27 He followed up with Grucci again in June, e-mailing that your mistake as you know forced me to spend an exorbitant (sic) time dealing with coast guard and elected officials, one of whom is expecting a $10,000 donation to his political campaign. 28 The Grucci employee responded by asking whether Mr. Semler had to pay Representative Bishop for his help, and Mr. Semler said that he did. 29 Mr. Semler later told OCE that expecting was the wrong word, and what he meant was that he expected himself to make the contribution because guys like that should stay in office. 30 Because Mr. Semler was requesting a refund from Grucci, he said he wanted the company to consider the expense of the campaign contribution he expected to make. 31 According to a report Rep. Bishops campaign committee filed with the Federal Election Commission (FEC) on July 15, Mr. Semler and his wife, Tracy Semler, each contributed $2,500 for Rep. Bishops primary campaign on June 26, the day of the primary. 32 Individuals were allowed to contribute up to $2,500 per election in 2012, and by contributing the money to Rep. Bishops primary campaign before the primary election took place, Mr. Semler and his wife were eligible to contribute another $2,500 each to his general election campaign. 33 Rep. Bishop and Ms. Bishop were aware of the relevance of this date. 34 Mr. Semler, however, said he made the contribution two weeks later, on July 9. 35 Mr. Semler emailed his companys chief financial officer on that date and asked him to make a $5,000 donation to Rep. Bishops campaign, and the companys credit card lists a $5,000 payment to the campaign on July 9. 36 In August 2012, a reporter from Politico contacted Rep. Bishops office inquiring about the matter, citing the e-mails Mr. Semler had sent to Grucci. 37 In response to questions from Politico about the matter, Mr. Semler said neither Rep. Bishop nor his staff had said he needed to
Id. OCE Report, at 16. 25 Id. at 16-17. 26 Id. at 18. 27 Id. at 18. Mr. Semler later told OCE he could not find the e-mail. When asked if he had written it, Mr. Semler said he did not know the answer. See OCE Report, at 18. 28 Id. 29 Id. 30 Id. 31 OCE Report, at 18-19. 32 Tim Bishop for Congress, FEC Form 3, 2012 July Quarterly, July 15, 2012; Federal Election Commission, 2012 Congressional Primary Dates and Candidate Filing Deadlines for Ballot Access, available at http://www.fec.gov/pubrec/fe2012/2012pdates.pdf. 33 2 U.S.C. 441a(a)(1)(A); 11 C.F.R. 110.1(b); Federal Election Commission, Contribution Limits for 20112012, available at http://www.fec.gov/info/contriblimits1112.pdf. See also OCE Report, at 12. 34 Id. at 12-13. 35 Id. at 22. 36 Id. at 22-23 37 OCE Report, at 19.
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make a donation in order to secure the congressmans help. 38 Mr. Semler said Rep. Bishops campaign staff first suggested he make a donation. 39 Rep. Bishop said Mr. Semler volunteered to make a donation, and his campaign followed up. 40 When asked about Mr. Semlers donation, Rep. Bishop said he had done nothing wrong and Mr. Semler had voluntarily contributed as a show of thanks. 41 Rep. Bishop explained, When we get a medal for a veteran and two months later he sends me $10, is that coerced, is that a quid pro quo? When we fast-track a passport request, and when people get back from Europe and send me $100 in gratitude, is that coercion? No. 42 Rep. Bishop also said Mr. Semler had sent Fireworks by Grucci an e-mail with exaggerated complaints because he wanted to play up the costs he had incurred in hopes of receiving a refund from the company. 43 Mr. Semler said he was attempting to recite the expenses that Ive incurred. 44 Rep. Bishop has since donated the $5,000 in contributions to Long Island veterans charities. 45 Status of Investigation On August 24, 2012, Smithtown Town Councilman Robert Creighton sent a letter to the Office of Congressional Ethics requesting an investigation into Rep. Bishops actions. 46 After conducting an investigation, OCE referred Rep. Bishops case to the House Ethics Committee on June 13, 2013, recommending further review. 47 On September 11, 2013, the House Ethics Committee announced it would continue to review the matter. 48 There is no deadline by which the committee must act. In early 2013, the U.S. Attorneys Office for the Eastern District of New York requested information about the matter from Rep. Bishops office. 49 The Federal Bureau of Investigation

Bresnahan, Politico, Aug. 15, 2012; Frank Eltman, NY Lawmaker Embroiled in Campaign Solicitation Row, Associated Press, August 16, 2012. 39 Bresnahan, Politico, Aug. 15, 2012. 40 Id. 41 Id. 42 Id. 43 Bresnahan, Politico, Aug. 15, 2012. 44 Id. 45 Joseph Pinciaro and Brendan J. OReilly, Updated: Bishop Defends Campaign Finance Practices, Southampton Patch, August 15, 2012. 46 Brendan J. OReilly and Peter Verry, Smithtown Councilman, Former Top Cop Seeks Bishop Ethics Probe, Commack Patch, August 29, 2012. 47 Press Release, House Ethics Committee, 113th Congress, Statement of the Chairman and Ranking Member of the Committee on Ethics Regarding Representative Tim Bishop, July 26, 2013. 48 Press Release, House Ethics Committee, 113th Congress, Statement of the Chairman and Ranking Member of the Committee on Ethics Regarding Representative Tim Bishop, September 11, 2013. 49 Dan Friedman, Bishop Cites DOJ Probe into Bar Mitzvah Fireworks Matter, New York Daily News, September 11, 2013.

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has also looked into the matter, and spoke with Mr. Havermayer in January or February 2013. 50 The status of both investigations is unknown. 51 Legal Fees Since August 24, 2012, Tim Bishop for Congress has reported paying Dechert $25,338 and Perkins Coie $9,837 in legal fees. 52 Potential Violations Illegal Gratuity The illegal gratuity statute prohibits a public official from directly or indirectly demanding, seeking, receiving, accepting, or agreeing to accept anything of value personally for or because of any official act performed or to be performed by such official. 53 In considering this statute, the Supreme Court has held that a link must be established between the gratuity and a specific action taken by or to be taken by the government official. 54 If, as it appears, the Semlers campaign contributions were solicited and/or made in direct response to Rep. Bishop using his position to assist Mr. and Mrs. Semler in obtaining a government permit to set off the fireworks, he may have accepted an illegal gratuity. Solicitation and Acceptance of Political Contribution Linked to Official Action Under House rules, no solicitation of a campaign contribution may be linked to any official action taken or to be taken by a member of Congress. 55 Similarly, members may not accept any contribution that a donor links to an official action a member has taken or is being asked to take. 56 Rep. Bishops statements suggest he incorrectly believes his campaign may solicit and accept contributions to thank him for official actions as long as those contributions are not coerced and the Semlers contributions were in gratitude of his assistance. Whether solicited or merely accepted, however, the contributions made by the Semlers to thank Rep. Bishop for his assistance in securing the permits appear to violate House rules. Compensation for Representational Services Federal law prohibits members of Congress from seeking or accepting compensation for providing representational services related to matters in which the federal government is a party

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Tom Brune, Rep. Tim Bishop: FBI Investigated Claims in Ethics Case, Newsday, September 12, 2013. Rick Murphy, FBI, Investigating Bishop, Came to Southhampton, The Independent, September 11, 2013; Friedman, New York Daily News, Sept. 11, 2013. 52 Tim Bishop for Congress Committee, FEC Form 3, 2012-2013 Reports. 53 18 U.S.C. 201(c)(1)(B). 54 United States v. Sun-Diamond Growers of Cal., 526 U.S. 398 (1999). 55 House Comm. on Standards of Official Conduct, House Ethics Manual, at 150 (110th Cong., 2d Sess., 2008 ed.). 56 Id.

or has a substantial interest. 57 The House Ethics Manual similarly provides that [n]o funds or things of value, other than ones official salary, may be accepted for dealing with an administrative agency on behalf of a constituent, and warns that [c]aution should always be exercised to avoid the appearance that solicitations of campaign contributions from constituents are connected in any way with a legislators official advocacy. 58 If, as it appears, Rep. Bishop accepted campaign contributions in return for providing the Semlers representational services with the U.S. Fish and Wildlife Service, he may have violated 18 U.S.C. 203 and House rules. Receiving Compensation For Exerting Improper Influence A provision of the Ethics Reform Act of 1989, 5 U.S.C. 7353, prohibits federal employees, including members of Congress and staff, from soliciting or accepting anything of value from anyone who seeks official action from the employees agency, does business with that agency, or has interests which may be substantially affected by the performance of the employees official duties. 59 House Rule 23, clause 3, similarly provides: A Member, Delegate, Resident Commissioner, or employee of the House may not receive compensation and may not permit compensation to accrue to his beneficial interest from any source, the receipt of which would occur by virtue of influence improperly exerted from his position in the Congress. If, as it appears, Rep. Bishop accepted campaign contributions in return for using his position to assist the Semlers in obtaining a government permit to set off the fireworks, he may have violated 5 U.S.C. 7353 and House Rule 23. Official Action for Personal Gain Members of the House are prohibited from taking any official actions for the prospect of personal gain for themselves or anyone else. 60 House members are directed to adhere to 5 C.F.R. 2635.702(a), issued by the U.S. Office of Government Ethics for the Executive Branch, which provides: An employee shall not use or permit use of his Government position or title or any authority associated with his public office in a manner that is intended to coerce or induce another person . . . to provide any benefit, financial or otherwise, to himself or to friends,

18 U.S.C. 203(a). House Ethics Manual, at 315. 59 The House Ethics Committee interprets this provision to apply to accepting campaign contributions, but not soliciting them. House Comm. on Standards of Official Conduct, Memorandum For All Members, Officers and Employees, Rules Governing (1) Solicitation by Members, Officers and Employees in General, and (2) Political Fundraising Activity in House Offices, April 25, 1997; House Ethics Manual, at 143-44, 150. 60 House Comm. on Standards of Official Conduct, Memorandum For All Members, Officers and Employees, Prohibition Against Linking Official Actions to Partisan or Political Considerations, or Personal Gain, May 11, 1999.
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relatives, or persons with whom the employee is affiliated in a nongovernmental capacity. If, as it appears, Rep. Bishop accepted campaign contributions in return for using his position to assist the Semlers in obtaining a government permit to set off the fireworks, he may have taken official action for personal gain in violation of 5 C.F.R. 2635.702(a). Unfairly Discriminating By Dispensing Special Favors The Code of Ethics for Government Service provides that government officials should: Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his official duties. 61 If, as it appears, Rep. Bishop accepted campaign contributions in return for using his position to assist the Semlers in obtaining a government permit to set off the fireworks, he may have dispensed special favors in violation of the Code of Ethics for Government Service. Campaign Finance Disclosures The Federal Election Campaign Act and FEC regulations require candidates for Congress to disclose information about all campaign contributions, including the date it is received. 62 The regulations further provide that contributions are made when the contributor relinquishes control of the contribution. 63 For credit card transactions, this is the date on which the campaign receives authorization to charge the contributors credit card. 64 By backdating the Semlers July 9 contributions to June 26, a date that would have allowed both of the Semlers to contribute another $2,500, Rep. Bishop appears to have violated 2 U.S.C. 434(b)(3)(A) and 11 C.F.R. 104.1(a)(4)(i) by reporting the wrong date on which his campaign committee received the contribution. Further, if Rep. Bishops conduct was knowing and willful, he may have violated criminal law. 65 False Statements Federal law also prohibits anyone from making any materially false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative, or judicial branch 66 or on a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch. 67 By
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72 Stat., Part 2, B12, H. Con. Res. 175, 85th Cong. (adopted July 11, 1958); House Ethics Manual, at 20. 2 U.S.C. 434(b)(3)(A); 11 C.F.R. 104.1(a)(4)(i). 63 11 C.F.R. 110.1(b)(6). 64 Federal Election Commission, AO 1990-4 (May 4, 1990). 65 2 U.S.C. 437g(d)(1)(A)(i). 66 18 U.S.C. 1001(a)(2). 67 18 U.S.C. 1001(c)(1).

backdating the Semlers July 9 contributions to June 26, a date that would have allowed both of the Semlers to contribute another $2,500, Rep. Bishop may have violated 18 U.S.C. 1001. Conduct Not Reflecting Creditably on the House House Rule 23 requires all members of the House to conduct themselves at all times in a manner that reflects creditably on the House. 68 This ethics standard is considered to be the most comprehensive provision of the code. 69 When this section was first adopted, the Select Committee on Standards of Official Conduct noted it was included within the Code to deal with flagrant violations of the law that reflect on Congress as a whole, which might otherwise go unpunished. 70 This rule has been relied on by the committee in numerous prior cases in which the committee found unethical conduct including: the failure to report campaign contributions, 71 making false statements to the committee, 72 criminal convictions for bribery, 73 accepting illegal gratuities, 74 and accepting gifts from persons with interest in legislation in violation of the gift rule. 75 By soliciting and/or accepting campaign contributions linked to using his congressional position to obtain approval of a fireworks permit, and by backdating the Semlers contributions to a date that would allow the Semlers to donate more money, Rep. Bishop engaged in conduct that does not reflect creditably on the House.

Rule 23, cl. 1. House Ethics Manual, at 12. 70 House Comm. on Standards of Official Conduct, Report Under the Authority of H. Res. 418, H. Rep. No. 1176, 90th Cong., 2d Sess. 17 (1968). 71 House Comm. on Standards of Official Conduct, In the Matter of Representative John J. McFall, H. Rep. No. 951742, 95th Cong., 2d Sess. 2-3 (1978) (Count 1); In the Matter of Representative Edward R. Roybal, H. Rep. No. 95-1743, 95th Cong., 2d Sess. 2-3 (1978). 72 House Comm. on Standards of Official Conduct, In the Matter of Representative Charles H. Wilson (of California), H. Rep. No. 95-1741, 95th Cong., 2d Sess. 4-5 (1978); H. Rep. No. 95-1743 (Counts 3-4). 73 House Comm. on Standards of Official Conduct, In the Matter of Representative Michael J. Myers, H. Rep. No. 96-1387, 96th Cong., 2d Sess. 2, 5 (1980); see 126 Cong. Rec. 28953-78 (Oct. 2, 1980) (debate and vote of expulsion); In the Matter of Representative John W. Jenrette, Jr., H. Rep. No. 96-1537, 96th Cong., 2d Sess. 4 (1980) (member resigned); In the Matter of Representative Raymond F. Lederer, H. Rep. No. 97-110, 97th Cong., 1st Sess. 4, 16-17 (1981) (member resigned after Committee recommended expulsion). In another case, the Committee issued a Statement of Alleged Violation concerning bribery and perjury, but took no further action when the member resigned (In the Matter of Representative Daniel J. Flood, H. Rep. No. 96-856, 96th Cong., 2d Sess. 416, 125-126 (1980)). 74 House Comm. on Standards of Official Conduct, In the Matter of Representative Mario Biaggi, H. Rep. No. 100506, 100th Cong., 2d Sess. 7, 9 (1988) (member resigned while expulsion resolution was pending). 75 House Comm. on Standards of Official Conduct, In the Matter of Representative Charles H. Wilson (of California), H. Rep. No. 96-930, 96th Cong. 2d Sess. 4-5 (1980); see 126 Cong. Rec. 13801-20 (June 10, 1980) (debate and vote of censure).
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