Statement on FBI fulfilling ProgressNow's request to investigate Beauprez

FOR IMMEDIATE RELEASE
October 18, 2006
Contact: Michael Huttner
(303) 931-4547

"On behalf of the members of ProgressNow, we are relieved that the FBI has fulfilled our request to intervene in the investigation of Beauprez's campaign," stated Michael Huttner, Executive Director of ProgressNowAction. "The people of Colorado, with the help of the FBI, are taking Beauprez up on his pledge to hold him accountable."

This past Sunday, October 15, 2006, ProgressNow sent a formal request to the Denver Office of the FBI requesting that they immediately intervene in the investigation as to whether Republican gubernatorial candidate Bob Beauprez's campaign broke federal or state laws by illegally accessing the highly restricted National Crime Information Center (NCIC) database.

For a full copy of the request, see below.

Rick Powers
Special Agent in Charge
FBI Denver
Federal Office Building, Room 1823
1961 Stout Street, 18th. Floor
Denver, Colorado 80294-1823

Dear Special Agent Powers:

On behalf of the tens of thousands of members of ProgressNowAction, I ask that the Federal Bureau of Investigation immediately intercede in the investigation as to whether Republican gubernatorial candidate Bob Beauprez's campaign broke either federal or state laws by illegally accessing the highly restricted National Crime Information Center (NCIC) database.

We are concerned, for the reasons cited below, that Governor Owens' investigation is compromised.

Beauprez's campaign has used information in advertisement against his opponent related to the cases of Carlos Estrada Medina. (Rocky Mountain News, 10/11/2006)

Last Wednesday, October 11, 2006, Beauprez's campaign told a 9News reporter that they found the information "in federal criminal databases, the guy's information matches up." (RMN, 10/14/2006)

But on Friday, October 13, 2006, Beauprez's campaign back off from that statement claiming that they "deduced" the information from campaign researchers using a criminal database. (RMN, 10/14/2006)

Now Beauprez's campaign claims that the information used in the ad on Medina "are out in the public domain." (Denver Post, 10/15/2006)

Beauprez's campaign though has not yet shown where one can find the cases "in the public domain."

Beauprez's campaign, while admitting the Medina documents had an FBI number printed on the file, refuse to disclose the source. (DP, 10/15/2006)

Extensive research by both the Rocky Mountain News and the Denver Post has been unable to independently verify that the California case exists or whether Medina's aliases match the cases alluded to in the ad. (DP, 10/15/2006)

Republican Governor Bill Owens has asked the Colorado Bureau of Investigation to investigate whether Beauprez's campaign illegally accessed the NCIC. (DP, 10/15/2006)

Yet there is a clear conflict-of-interest with Owens' request:

* Owens directly oversees the Colorado Bureau of Investigation which reports to Joe Morales, the head of the Department of Public Safety, an Owens cabinet member. (www.cdpsweb.state.co.us) Owens appointed Morales. (RMN, 11/18/2003)

* Owens is the co-founder of the "Trailhead Group" a 527 political committee which has spent hundreds of thousands of dollars attacking Beauprez's opponent. (DP, 8/25/2006)

* Owens also has been actively publicly campaigning for Beauprez's across Colorado. (Pueblo Chieftain, 10/10/2006)

* In addition, Morales has given the maximum donation provided by law to the Beauprez campaign. (www.FollowtheMoney.org)

An improper use of the NCIC database is subject a number of violations at both the federal and state level. (RMN, 10/15/2006) These include:

Federal statutes:

* It's a crime to intentionally access a federal computer without authorization or to exceed authorized access. Penalty: First offenses are punishable by one year in prison and fines.

* Knowingly conveying or receiving federal records. Maximum penalty: 10 years in prison and fines.

* Conspiracy to defraud the United States. Maximum Penalty: Five years in prison.

State statutes:

* Public officials can be charged with official misconduct for using their authority to maliciously harm someone or violate state law. Penalty: 12 months in jail and a $1,000 fine.

* Embezzlement of government property by public servant. Penalty: Three years in prison and a $100,000 fine.

Thank you for your prompt attention to this serious matter. I can be reached on my cell phone at 303-931-4547 or at the address below.

Sincerely,

Michael Huttner
Executive Director
ProgressNowAction.org