Where there's smoke, there's fire: Attorney attempts to clean up FPPC mess created when he failed to report $63,805 arrangement with lobbyist

Several weeks ago, The Verifiable Truth (TVT) began breaking reports exposing lobbying disclosures discrepancies and violations involving the Los Coyotes and Big Lagoon Indian Tribes, several lobbying firms and “silent” parties bankrolling and directing the lobbying effort.

Immediately, Michael Yaki, a Bay area attorney retained by Detroit casino syndicators to represent the Los Coyotes Indian Tribe attempted to “clean up” a year’s worth of fraudulent lobbying disclosures he filed, under penalty of perjury, as the Tribe’s representative. Amended filings indicate Yaki failed to report almost 30% of what was really spent by (or under cover of) the Los Coyotes Tribe on lobbying -- failed to report close to $65,000 paid to lobbyist R. Keith Olberg (a former Assemblyman and candidate for statewide constitutional office).

Yaki simply took lobbying reports filed by Governmental Advocates, Inc. and Capitol Ventures, Roseville and amended a years worth of his filings for Los Coyotes with data to match what was reported by the two lobbying firms and swiftly submitted them as amended disclosures. That just further complicated the mess.

Now, when the total lobbying fees reported by so-called partners the Big Lagoon and Los Coyotes Indians are added up and compared with the total fee income reportedly received by the two lobbying firms, things still don’t add up!

2005/2006 Legislative Session Lobbying Payments	Total
Two Barwest Tribes report Paying Lobbyists	$534,144
Two Lobbying Firms report Receiving Payments of	$463,928
unreported by lobbyists	$70,216

The tribes say they’ve paid two lobbying firms collectively $70,216 more than the lobbying firms have reported receiving in payment disclosures.

The truth is, despite Yaki’s “clean up” attempt, his Indian clients most likely didn’t pay anything to either lobbying firm; some “intermediaries” have been paying the bills and hiding behind the tribe. Neither attorney Yaki nor any other representative of Los Coyotes ever authorized Capitol Ventures, Roseville to represent the Los Coyotes Indians. So who did?

Either the tribe’s attorney Mr. Yaki was negligent and failed to report it had engaged and was paying Capitol Ventures, Roseville for nearly a year; OR the lobbying firm has been employed by others whose interests' are certainly being represented and yet neither the lobbying firm nor the lobbying firm’s employer have reported their relationship.

California’s political reform laws are meant to bring politics out of smoke filled rooms and expose who’s behind various political activities; who the real parties are attempting to influence public policy; where the true source of money trails from. These parties discussed here are playing games trying to avoid disclosure.

The parties involved here know better: they’re seasoned political operatives, former political candidates, lobbyists, experienced FPPC filers, White House appointees and lawyers. Mr. Yaki has been involved in previous FPPC findings involving his donors' improper disclosures/failures to disclose. J. Richard Eichman, CPA, who files reports on behalf of the Big Lagoon Rancheria has been filing FPPC disclosures for more than 12 years. This incidence and the numerous other reporting violations that continue to arise are cause enough for some more thorough and comprehensive investigation of lobbying and political activity by the FPPC and Attorney General. A group of professionals with this much experience hardly make unintended "mistakes" with this level of frequency.

“Where there’s smoke, there’s fire!”