Senator Cuccinelli: You Owe Your Constituents Answers Now!

By: Lowell
Published On: 10/26/2007 9:35:32 AM

The other day, we posted a video of Fairfax County Clerk of the Court candidate, Dale Evans, describing a highly questionable real estate deal by Sen. Ken Cuccinelli (R-37th) with lobbyist Stuart Miller (see below for more on him). Among other issues, Evans pointed out that Cuccinelli had avoided paying Grantor's Tax - a tax you pay when selling real estate in Virginia.

That's bad enough, but it's even more infuriating when you realize that Cuccinelli, the Chair of the Virginia Caucus for Grover Norquist's Americans for Tax Reform, actually voted to give the Northern Virginia transportation authority the power to raise the Grantor's Tax!  Beyond that, Evans asks whether there are possible financial improprieties by Cuccinelli, including a failure to properly disclose income as required by law.

In yesterday's live blog with Dale Evans, Doug in Mt. Vernon asked what Cuccinelli's relationship with these people in the land deal was.  Evans replied that he did not know, and that Frey and Cuccinelli had not responded to questions about the deal.  Now, the crack team at RK -- equipped with VPAP, Fairfax County online tax assessment records, Google, Factiva, Lexis-Nexis, etc. -- has teamed up to find out what the deal is.  For starters, it turns out that Cuccinelli cut his land deal with Stuart A. Miller, who was acting as trustee of his mother's (Susan Miller's) trust.

Who is Stuart A. Miller?  He claims to be a  registered federal lobbyist, advisor, and Senior Legislative Analyst for the American Coalition for Fathers and Children (ACFC).  For more on this group, see here. ACFC also has an active Virginia affiliate - Fathers for Virginia.  Both of these groups advocate for "father's rights" and reforming divorce laws to make it harder to divorce.  So what does Cuccinelli have to do with the ACFC and Father's for Virginia?
*January 2005: Ken Cuccinelli sponsors a bill about visitation rights, touted by Fathers for Virginia as a means "of countering no fault divorce."  Cooch is one of only 5 votes for the bill, which fails 5-10 in committee.

*February 2005: Stuart Miller's boss at ACFC, Stephen Baskerville, praises Cuccinelli for his work sponsoring a bill for "no fault divorce" and specifically thanking him for his work along with Ron Grignol (Mark Sickles' '05 opponent and Patricia Phillips (Mark Herring's '07 opponent).

*March 2005: ACFC President Stephen Baskerville again praises Cuccinelli's bill, claiming that it will "give Virginia the strongest family protection provisions in the Western world."

*December 2005: According to Fairfax County Land Records, Cuccinelli buys a 1/3 interest in a Stuart Miller's mother's house from sister for $160K and transfers that 1/3rd interest to Miller's Mother's trust in exchange a $185,000 1-year promissory note at 10.25% interest secured against the ACFC's lobbyists's mother's house - folks that's interest of almost $19,000 per year - netting him a profit of $25K to $40K+ depending on when the note got paid - he signs a deed claiming he doesn't have to pay the Grantor's Tax by certifying he was a beneficiary of the Miller trust and that he received no consideration (he must have forgot about that $185K note referenced in the land records).

*January 2006: VPAP says Cuccinelli files an economic disclosure failing to list any interest in the house, the note, or any income earned from outside his firm and sponsors yet another bill on child custody (does anyone have the paper copy of these disclosures?  I can only find VPAP's summary.).

*March 2006: The Miller property is sold for $600,000, according to land records and tax records.

*January 2007: VPAP says Cuccinelli files another economic disclosure failing to list any interest in the house, the note, or any income earned from outside his firm.

*June 21, 2007, Susan Miller donates $500 to Ken Cuccinelli's campaign (the Trustee of her Trust was Stuart Miller). This is the first donation Cuccinelli received "from her" (depending on what the profit he made on her house was).

Now, we're not tax lawyers here at RK, but here are a few questions:

1. Why didn't Sen. Ken Cuccinelli pay Grantor's Tax?

2. Why won't Republican Clerk of Court John Frey who publically endorsed Cuccinelli comment on the matter?

3. Why didn't Cuccinelli disclose this $25,000-$40,000 transaction or his $185,000 interest in this note and real estate on his economic disclosure form so that his constituents could determine if he has an economic conflict of interest about his votes?

4.  Did Cuccinelli really make $40K from a lobbyist and his mother on a quick land deal only six months after the lobbyists' boss praised Cuccinelli for pressing their legislation?  (or does the Washington Post only ask questions about loans between elected officials and lobbyists if it involves their favorite punching bag, Jim Moran?)


Comments



Talk about exorbitant interest rates (Glant - 10/26/2007 9:58:56 AM)
"December 2005: ... Cuccinelli buys a 1/3 interest in a Stuart Miller's mother's house from sister for $160K and transfers that 1/3rd interest to Miller's Mother's trust in exchange a $185,000 1-year promissory note at 10.25% interest ..."

What was the prevailing interest rate for a mortgage or a second mortgage in December 2005?  If I recall correctly, December 2005 was when interest rates were just starting to rise from there historic lows.  According to the Federal Housing Finance Board, the average morgage rate for the purchase of an existing home on November 29, 2005 was 5.98%.  On December 28, it had risen to 6.22%.

In either case, the amount paid to Cucinelli was nearly double the prevailing rate.



What's up with the Post? (Not Harry F. Byrd, Sr. - 10/26/2007 11:16:31 AM)
I wish I could get those kind of interest rates.....

The guy lends money to a lobbyists family right after he pushes their legislation, doesn't disclose it in his conflict of interest report and they don't think this is newsworthy???

You can probably get the hard copy of economic disclosures from the Clerk of the Senate.  Someone ought to get it fast!



WOAH (brimur - 10/26/2007 11:21:03 AM)
A quick google search on this Miller guy comes up with some nightmarish stuff. Cuccinelli is in bed with a crazier Neanderthal than I could have ever imagined. Miller signed a "Father's Manifesto" for the "Christian Party" which says this:
"The present feminist concept of women's 'independence' really means a government-enforced entitlement to be paid for the rewards of being a mother, without the responsibilities that go with it: to men, to children especially, and ultimately to the world at large."
http://christianpart...

And this one takes the cake- he thinks the people that support marital rape laws lack "common sense"!
http://www.strike-th...

There's tons more out there. This is truly scary shit.



The voters of Cooch's district (Lowell - 10/26/2007 11:22:14 AM)
need to know this.  Time for the mainstream media to do its job.


Cooch Doing Business With a Right-Wing Nut Job? (Not Harry F. Byrd, Sr. - 10/26/2007 11:33:54 AM)
But Ken is so mainstream.  How could he?


WOAH! Did you see what else this "manifesto" says!? (Doug in Mount Vernon - 10/26/2007 11:35:58 AM)
"Marriage is a social contract for a woman to share her reproductive life with a man."

Gee, and I always thought that it was the UNION of only one man and one woman.  I wish these people would make up their freakin' minds!

"The power of feminism to destroy families is exemplified by statements like: 'I don't want to lead the life that my mother had'"

Good grief, these guys are regular throwbacks to cavemen!

I KNEW THERE WAS SEXISM BEHIND CUCCINELLI'S SMEARING OF JANET OLESZEK AS "JUST A WOMAN" AND "SHORT ON SUBSTANCE"!!

I can't believe the Washington Post bought into that propaganda.  Now that they see where it's likely coming from, they better f-ing apologize.



Freud's Wet Dream (sorry) (totallynext - 10/26/2007 12:00:12 PM)
Blame the women / mother for everything, everywhere, because they actually have gotten a brain and do not put up with these wack jobs anymore.

Ok stay in a marriage because the man is your king and is beating you and demands you are a lessor person.  That healthy.



Here's a better one - click on the "Father's Manifesto" (totallynext - 10/26/2007 12:06:48 PM)
"Take five minutes to complete the Poll on Exiling Blacks"


Brimur's URL "strike-the-root" (Doug in Mount Vernon - 10/26/2007 11:59:33 AM)
Did anyone else see this gem from one of the URL's brimur found above?  This is a doozy:

"along came feminism and public education, which turned male culture inside out. Today 85% of teachers are white women. Boys, who used to be schooled by men, are now schooled by women. Boys, who used to learn from men how to be honorable and ethical and participate as responsible adults in their culture, are now being taught by women how to get a job. It's like training eagles to eat grass."

So, just so I understand, part of what this group Cuucinelli associates with believes, is that women are not capable of teaching boys to be honorable, ethical, or to responsibly participate as adults in their culture?

Oh man.

And people were making fun of me for suggesting there was a sexist undertone to the Cuccinelli campaign, and that the Post was echoing it.

Please people, wake up.



Wow.... (Doug in Mount Vernon - 10/26/2007 11:22:23 AM)
This is why voters get sick and tired of the political system....is there ANYBODY left who is simply a CITIZEN LEGISLATOR who just wants to get it right in government?

Lowell, thanks so much for digging all this information out.  You guys do an impressive public service no matter who else is willing to pick it up.

This kind of dealing is embarassing, and both Cuccinelli and Frey NEED to comment on this, and more importantly, the press needs to fulfill its obligations to the people and our Constitution which provides them FREEDOM, and inform the electorate.

The whole thing just stinks.  And given the interaction on votes involving legislation this anti-woman group clearly pushed Cuccinelli on, a broader investigation needs to be opened up on why such a land deal happened between two such people.

To me, it looks like a way to generate a large sum of personal wealth to the Senator as a thank you for his work in the legislature, at best.  At worst, it was a way to skirt campaign finance disclosure laws.

Any way you look at it, it stinks.

Folks, please get out there and help elect Janet Oleszek.



Cuccinelli is Easily Bought (Fronde - 10/26/2007 11:28:26 AM)
This is not surprising, considering what was uncovered last month (as reported on GoodbyeKen.com): 

Construction firm (of HOT Lanes) Fluor Virginia paid Cuccinelli $2000 to oppose the Metro rail project to Dulles.  His solution?  Taxpayer-funded toll lanes whose revenue will go to Fluor.  If it's anything like the proposed Beltway HOT lanes, that's up to $5 per car for the next 80 years.  Talk about a return on investment!

If Stuart Miller had known this, he wouldn't have needed to give Cuccinelli such a generous land deal. 



This entire thing is shady... (riverscuomo - 10/26/2007 11:42:06 AM)
This whole deal is so wrong on so many levels.  Getting paid double interest from a lobbyist that Ken Cuccinelli has patroned bills for?  Not putting it on his financial disclosure forms?  Also, I googled Stuart Miller and this came up: http://freedom4um.co...

Former Washington lobbyist Stuart Miller, 49, described his secret life as a mushroom user as "bizarre."

Miller had frequent cluster headaches and carried capsules containing ground mushrooms everywhere.

As he passed through security daily on Capitol Hill, or made his way through an airport, Miller worried a search would uncover the capsule "and my career would be gone."

He was never caught. Since then, he has moved to Mexico to care for an aging parent.

Magic mushrooms grow wild on a nearby field.

Seriously, hallucinogenic mushrooms?  A sitting State Senator is doing business this with this guy?



Well.... (Doug in Mount Vernon - 10/26/2007 11:47:00 AM)
That might explain the infamous, RON, the elephant!!!!

LOL!!!



So wait a minute!!!! (Doug in Mount Vernon - 10/26/2007 11:52:44 AM)
So this Stuart Miller guy has FLED to Mexico!!!???

To avoid paying his child support!!??  Or "to care for an aging parent"?

THIS IS GETTING BETTER AND BETTER!!!



HOLY CRAP (Doug in Mount Vernon - 10/26/2007 11:54:23 AM)
So Cuccinelli could have been involved in this man's escape of the law to Mexico and as payoff for helping the guy get out of the country, he took some kind of payoff from the sale of the Miller household!!????

This is WHACKED, people!!

CUCCINELLI NEEDS TO ANSWER SOME QUESTIONS!!!

Lucy, I'm home!!



Divorce Decree (?) (totallynext - 10/26/2007 12:20:51 PM)
Are those sealed and / or public filings?  I bet you will find that this (Miller) guy was some kind of sexual deviate and his wife divorced and took him for everything he was worth.

also in his great Resume as stated below

1) deadbeat dad
2) Illegal drug user
3) Briber
4) Collusion with elected officials

etc, etc, etc.



One Never Knows, Does One? (PM - 10/26/2007 1:35:10 PM)
All these people that parade around promoting family values.  Here's a neat twist on yet another family values guy, Donnie McClurkin.  He's a black gospel singer who says he's an ex-gay, and preaches against homosexuality.  http://en.wikipedia....  McClurkin has been quoted as saying that "homosexuality is a curse" and that gays "are trying to kill our children." [see Wikipedia cite]  He's in the news now because of a joint appearance with Obama that has the gay community upset.  John Aravosis has been covering this over at Americablog.  http://www.americabl...  Now, Pam Spaulding has an interview up with McClurkin's ex-lover (gay) who says that at the height of his anti-gay message they were still lovers.  http://www.pamshouse...  I used to take most of the "pro-family" crowd at face value and assume they were honest in their proclamations.  No more.  I'm suspicious of them all, based on all the Craig, Haggard, etc. disclosures.  (Oh, there's a new allegation about Craig over at Wonkette.  http://wonkette.com/...)

It does not surprise me when politicians who are loudest about "family values" turn out not to be so ethical in their personal lives.



Not a thread for bashing Obama.... (Doug in Mount Vernon - 10/26/2007 1:51:11 PM)
Can we keep the focus where it belongs....on Ken Cuccinelli?

We all don't like the McClurkin lies and the Obama campaign's embarassing handling of the situation, but it pales in comparison to the underhanded shady dealings going on with Kenny-boy and his Vengeful Daddies.



Hey Doug (PM - 10/26/2007 3:28:40 PM)
I was just trying to illustrate a point -- that there are lots of people out there pretending to be something they are not


Whoops (PM - 10/26/2007 3:31:43 PM)
And I wasn't meaning to case aspersions on Obama; I was going after McClurkin, Craig and their ilk.  I think Obama is on record as being progressive on the issue.


Fair enough (Doug in Mount Vernon - 10/26/2007 3:43:51 PM)
Thanks PM


I do tend to lose focus (PM - 10/26/2007 3:47:12 PM)
I ramble on from one topic to another without thinking; it's something I inherited from one of my daughters. :)


It's beyond shady - (VaNative - 10/26/2007 6:07:41 PM)
It raises (lowers) to the level of real sleeze.  I hate to think that anything about Cuccinelli and Miller points to a rip off name of one of the greatest of all organizations - http://www.freedomfo...

Lowell and all- thanks for this incredible research effort.



OK, this is downright SCARY.... (Doug in Mount Vernon - 10/26/2007 11:45:40 AM)
Lowell, one of the links you provided contains this lovely gem of a passage:

From FREE-L, the mailing list for Fathers' Rights and Equality Exchange. Miller was in court for nonpayment of child support.

Subject: Stu in Jail?
From: Stuart Miller
Date: 1995/06/03
Message-Id: Pine.3.07.9506031259.A19711-a100000@cap1.capaccess.org
Sender: "Fathers' Rights and Equality Exchange"

"Although my ex asked that I be incarcerated for 30 days, the free lawyer that the state provided my well-incomed ex, said that because of "who I am" [father's rights leader], that I should be incarecerated for the maximum 1 year. The judge agreed with her..."

So, this Stuart Miller with whom Cuccinelli engaged in the land deal is a CONVICTED Deadbeat Dad?



Here is a great quote from his article (Miller's) (totallynext - 10/26/2007 12:16:46 PM)
"This is disconcerting, especially given that in 1983, the U.S. Air Force Office of Special Investigations found that 27 percent of the rape accusers admitted, either just before taking a polygraph test or after failing one, that they had lied.8"

(sorry do not know how to do block quotes on this site - Dailykos makes it to easy).

so the 73% are shit?



BLOCKQUOTE tag (Doug in Mount Vernon - 10/26/2007 12:29:05 PM)
Hey totally....

Just use the < BLOCKQUOTE > tag....



This is the craziest thing ever... (turnvablue - 10/26/2007 12:34:21 PM)

a) land deal with a lobbyist that Ken has carried bills for
b) doesn't bother to put it on his disclosure form
c) the guy he did business with lives in Mexico so that he can do psychedelic mushroom- i mean "take care of an aging parent"

Just more of the "holier than thou" republican hypocrisy.



And All I did was bring Craddock and Norquist into this.... WOW !!! (Used2Bneutral - 10/26/2007 12:42:24 PM)
Great Job Lowell !!!!!!!!!!!!

I actually thought most people might have had trouble believeing our little real-estate transaction for passing money to a candidate.... this is so much bigger....



Excellent job, Lowell (PM - 10/26/2007 12:56:40 PM)
I'm sending the link to some of the media.  Maybe others should also.


Thanks, this is a big test for the media (Lowell - 10/26/2007 1:19:53 PM)
If they are afraid to run with this story because it's so close to the election, what credibility do they have?  We'll see.


Cuccinelli (NotJimLarranaga - 10/26/2007 3:07:01 PM)
This is the beginning of the end for Cuccinelli.  Was out this weekend in Centreville and I saw Cuccinelli getting scowled at by some older woman. Probably for his votes on Stem Cell Research. 

Goodbye Ken!



and after all this (JScott - 10/26/2007 4:15:43 PM)
And after all of this is over and put to bed what would it say about the 37th if he indeed does win the seat again?
Still think the better guy would have been Paul Reagan to take the fight to him....appears as if Lowell has more of a fight in it than Janets entire campaign organization. But in the end look toward the eastern part of the district to make the difference for either side, more voters actually vote there than in Centreville area if you look at previous poll data (2 to 1 folks)