CRIMINAL investigations, like radio waves, are all around us, but we usually don't see them because they're supposed to be conducted in secret.
When investigations become prosecutions, they go public. Investigations that go nowhere are supposed to remain secret.
When a criminal probe is leaked or confirmed at election time, it can lead to a conviction in the court of public opinion, if not in a real court. Linking a candidate to a criminal investigation just before an election can be an explosive "October surprise."
Two such leaks now are affecting races in the region: for the Senate in New Jersey and a House race in Pennsylvania.
So it might be worth our while to look into how such investigations get started, and how seriously we should take them in light of the effect they can have on the democratic process.
Any reporter worth his salt would be appalled if asked to share information with authorities. Yet media reports remain one of the best investigative tools prosecutors have in uncovering illegality, especially white-collar crime.
So, it's possible that Rep. Curt Weldon in Pennsylvania and Sen. Robert Menendez in New Jersey can thank the L.A. Times and Newark Star-Ledger for their current problems. Once newspaper articles suggested improprieties by Weldon's daughter or Menendez, authorities couldn't look the other way.
The circumstances surrounding GOP Rep. Weldon from Pennsylvania's 7th District and N.J. Democratic Sen. Menendez are slightly different since Weldon's "crime" may be one of guilt by association with his daughter's business. Menendez may have profited improperly by renting property he owned to a federally financed entity he helped fund. In both cases, subpoenas were issued and reporters found that out.
Menendez cried political foul. Lucky for him, the U.S. attorney in New Jersey is from the other party. Menendez implied that the investigation was started and leaked purely for political reasons. In truth, authorities may have had to act quickly after the newspaper story to secure evidence. In Menendez's case, the fact that there were subpoenas was disclosed by the recipients. The government has declined to confirm an investigation.
In Weldon's case, an FBI spokesperson confirmed that warrants were executed at several locations instead of refusing to comment. Weldon has questioned the timing of the investigation and leak just before election, since the news report that first questioned undue influence for his daughter appeared two years ago.
But authorities may well have been trying to investigate this case over that whole time. Perhaps the statute of limitations is running out. It's entirely possible that the FBI had no choice but to secure documents immediately. Weldon believes an opposition group, with maybe a little help from the CIA, is against him. He claims exoneration by the House ethics committee but refuses to share the letter he says "ended" the investigation.
A criminal investigation isn't something that pops up out of nowhere. They're launched when something alerts authorities to possible violations of law. "Possible" is the key word, since investigations are not charges, they're just investigations.
Once alerted, authorities have no choice but to determine whether violations of law have occurred. Complex white-collar probes may take years before charges are lodged, often just before the statute of limitations runs out. If that's right before an election, charges can be placed under seal until after the contest.
When subpoenas are served or warrants executed, their existence may not remain secret, even though the government usually seeks to keep them under wraps. Someone at a bank, title insurance office or medical center may disclose the legal activity and the media eventually finds out.
Prosecutors across the country secretly conduct thousands of investigations each year. In the vast majority of cases, when they don't result in charges, we never know about them. Investigations are conducted in secret to acquire evidence without tipping off targets, and to protect the reputations of those found to be blameless.
Leaks about government investigations are good for newspaper circulation and may influence the court of public opinion - but the most important thing to remember, no matter what the campaign ads imply, is that they don't mean a thing - unless charges are filed.
