Fossella admits Ward embezzlement to FEC

I stopped following Vito's FEC reports. Maybe I shouldn't have so quickly written off Fossella's ability to provide new stories.

Liz reports that in Fossella's required FEC filing replying to an inquiry why his financial numbers were not matching up he claims to now be the victim of embezzlement;

The accuracy of this report is in question due to alleged embezzlement of funds. The Committee is in the process
of reconciling its records and will file an amended report as soon as possible.

Nothing new here, just more bad PR for Vito.

Fossella suddenly pleads guilty

via the Brooklyn Paper;

Disgraced former Rep. Vito Fossella has abandoned his appeal of last year’s drunk-driving conviction in a Virginia court and will likely begin a five-day sentence behind bars this weekend.

After fighting to for months to stay out of jail after last year’s drunk-driving arrest and conviction in suburban Virginia, the former Bay Ridge Republican withdrew his appeal this morning and entered a guilty plea.

Fossella will report to jail Friday evening and serve four days with the night he served when arrested counting towards his fifth day.

Don't call it a comeback

In the Political Animal column at Washington Monthly today's CHUTZPAH WATCH covers Fossella's desire to be the joke that never ends;

Fossella sure has been looking the part of interested potential political candidate. In the past week or so, he has attended an area Lincoln Day Dinner, read to school children in his district -- complete with a photo-op -- and participated in the opening of New York City Mayor Michael Bloomberg's campaign office.

I almost hope he runs for something and brings his "family values" platform with him. And don't wander off just yet we have Fossella's new DUI trail slated for April 13-14.

This isn't complicated: conservative Republican + lurid extra-marital affair + secret love child + DUI + jail time + frequent lies = limited electoral viability. A good story for a melodrama? Sure. A good story for a disgraced congressman thinking about a comeback? Not so much.

Fossella's new trial, take II

After being found guilty and sentenced to five days in jail Fossella decided to try again in hopes of a more lenient verdict based on his blame everyone but himself strategy;

An Alexandria, Va. court has set aside two days for former Rep. Vito Fossella's trial on charges that he drove while under the influence on May 1 last year.

Fossella, who was sentenced in December by an Alexandria District Court judge for having driven with a blood-alcohol-content level of .17, will appear before an Alexandria Circuit Court jury April 13 and 14.

Seriously just go to jail. Do not pass go, do not collect $200.

Fossella runs out the clock on House Ethics Committee

In a statement by the House Ethics Committee investigating Fossella's arrest, the committee announced they will not be making any findings or recommendations due to their term expiring before Fossella's appeal is heard;

On May 21, 2008, an investigative subcommittee was established to conduct an inquiry regarding Representative Vito Fossella with respect to his arrest on or about May 1, 2008 in Alexandria, Virginia for the misdemeanor criminal charge of driving a motor vehicle while under the influence of alcohol.

The subcommittee concluded its work without a recommendation of further action against Representative Fossella. The investigative subcommittee had deferred action in this matter because of the pendency of the criminal proceedings involving Representative Fossella. Representative Fossella did not seek re-election, and the Committee will lose jurisdiction over him when his term expires on Jan. 3, 2009.

An investigation and potential removal from Congress by his colleagues would have been disastrous for any future life in politics or lobbying that likely is in Fossella's future. My guess is the appeal of his sentence has more to do with running out the clock on the House Ethics investigation than it has to do with avoiding jail time.

Random items from Fossella's trial

There were a few items that slipped past me that have come out with updates from Fossella's trial.

In his October trial Fossella claimed that his hand sanitizer was the cause of his .17 blood alcohol level;

"Later, he went back to his Capitol Hill office and cleaned his hands with Purell, a hand sanitizer that is more than 60 percent ethyl alcohol.

The alcohol in the hand sanitizer led to his elevated blood-alcohol reading, his attorneys said."

Five days is the lightest sentence he could receive;

The maximum penalty on the misdemeanor charge is one year in jail.

Umm;

...police there tried to give him another blood-alcohol test nearly three hours later. Initially, Fossella "claimed he was not able to perform the test and threatened to defecate on the floor of the police station if he was not allowed to use the restroom,"

Brutal reality check for Fossella

The Daily News comes out with a hard hitting piece today Good-Bye, Vito.

If Fossella - the sole Republican in the city's congressional delegation - harbors thoughts about a return to public life after his current term ends, he should abandon them now.

The article leaves Fossella with a little advice he should probably heed;

Aside from avoiding a five-day jail sentence, Fossella needs to concentrate on raising his families. Both of them.

More on Fossella's DWi guilty verdict

So we jumped the gun a little. Fossella has been found guilty of his DWI but his punishment has not been decided. There is yet another court date when the presiding judge will hand down her decision. Jail time, time served, a fine, etc. That is scheduled for December 8th. After that Fossella has the option of appealing to a jury case and wasting even more tax dollars trying to declare he is above the laws of average Americans.

The Advance today also has his only public statement;

"I'm grateful that this matter was presented in fuller detail before the court today and for the public to hear for the first time an honest and straightforward account of what happened that night instead of sensationalized media accounts.

"As I have said before, I made a serious mistake and I want to again apologize for setting the wrong example.

"I believe we live in nation of laws, that no one person is above the law and I look forward to the Judge's final determination in December.

"In the meantime, I will continue working hard for all the people of Staten Island and Brooklyn who are facing real tough times as our nation goes through this financial crisis.

Fossella's DWI court case tomorrow

Oct. 17 at 9:30 a.m.

2 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

Fossella vs. FEC rules

On July 17 we took a look at Fossella's FEC reports and the curious trend that his campaign continued to accept and potentially solicit donations after his arrest and even after his declaration that he wasn't running for re-election. While the focus of that post was the excessive loyalty of his donors who continued to give after his arrest and admitted adultery there seems to be a new problem for Fossella, namely FEC rules. There are two rules he has run afoul of and the FEC is now demanding action.

1. Primary election contributions received after May 20th, when Fossella declared he was no longer a candidate, must be refunded
2. Since Fossella is not running for re-election any money received for the general election must be refunded

There are a few instances where the money can be kept but for the most part it appears Fossella will have to refund the majority of this money. So what? Well we know Fossella has been sitting on about $270,000. Fossella had the option of donating to various candidates, including his endangered Republican House and Senate members running for re-election as well as donating large (unlimited I believe) sums back to the NRCC for them to use as they need. Also he could sit on it for a future run for federal office again should he be so daring. Instead Fossella has sulked and did nothing with the money and so now large portions of that war chest will be refunded.

If I did my math right it looks like the FEC is noting around $160,000 is in question.

3 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

4 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

5 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

6 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

7 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

8 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

9 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

10 days until Fossella's DWI court date

Oct. 17 at 9:30 a.m.

Fossella's recent legislative votes

Yes, Fossella is still in Congress, voting for your best interests. Or his own. It's not really clear anymore.

Credit Cardholders’ Bill of Rights Act of 2008 H.R. 5244
Vote Passed (312-112, 9 Not Voting)

The House passed this bill to reform credit card industry practices.

Rep. Vito Fossella voted NO



Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 HR 2638 Roll 632
Vote Passed (370-58, 1 Present, 4 Not Voting)

The House approved this $600 billion bill to fund the federal government through March 6, 2009.

Rep. Vito Fossella voted NO



Renewable Energy and Job Creation Tax Act of 2008 H.R. 7060
Vote Passed (257-166, 10 Not Voting)

This bill, costing almost $62 billion, would extend and expand tax breaks and incentives for individuals using and developing renewable energy.

Rep. Vito Fossella voted NO



Job Creation and Unemployment Relief Act of 2008 H.R. 7110 Roll 660
Vote Passed (264-158, 12 Not Voting)

The House passed this $60.7 billion economic stimulus bill on Friday evening that would extend unemployment benefits.

Rep. Vito Fossella voted NO