Barwest LLC, an affiliate controlled by Detroiters Marian Ilitch and Michael J. Malik, Sr., was fined $6,500 by the California Fair Political Practices Commission (FPPC) in late 2006.
Barwest LLC made a curious last minute $26,600 contribution to Rep. Richard Pombo's San Joaquin County GOP Committee in late October 2004. Under California’s Political Reform Act, Barwest LLC was required to file a “late contribution report” within 24 hours of making the 11th hour contribution. Further by making a campaign contribution of $10,000 or more in the 2004 calendar year, Barwest qualified as a "major donor" committee. Barwest LLC failed to file a semi-annual “Major Donor” report as of January 31, 2005 and failed again to file a semi-annual report on July 31, 2005.
Only after being confronted by FPPC officials did Michael J. Malik, Sr. file a major donor report on August 31, 2005 – seven months late.
The FPPC charged Barwest LLC with two counts of violating California’s Political Reform Act and on October 24, 2006 (nearly two years later) Michael Malik on behalf of Barwest LLC was fined $6,500 for failing to report the $26,600 contribution.
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Major Donor Reporting Violations |
In the Matter of Barwest, LLC, FPPC No. 05/548. Staff: Chief of Enforcement Bill Williams and Political Reform Consultant Wayne Imberi. Respondent Barwest, LLC qualified as a major donor committee in the second six months of 2004. Respondent failed to file to timely disclose a late contribution in a late contribution report, in violation of section 84203, subdivision (a) of the Government Code (1 count); and failed to timely file a semi-annual campaign statement, in violation of section 84200, subdivision (b) of the Government Code (1 count). $6,500 fine. |
The FPPC indicates, “Respondent Barwest LLC is a developer based in Detroit, Michigan, which is involved in the financing of an Indian gaming casino in Barstow, California.”
Barwest LLC had not previously made any contributions in California nor has it made any substantial contributions since. This was a unique and uniquely large amount by the Barwest principals’ standards.
Curious is that Congressman Richard Pombo hails from San Joaquin County. The GOP Committee there reports receiving three checks for $26,600 on October 25, 2004: Barwest LLC, Pombo’s RICH PAC (a committee that Barwest principals funded as well); and Jeff Denham for Senate (a committee Barwest principal Michael J. Malik, Sr. funded subsequently).
At the time Barwest made the contribution, Rep. Richard Pombo was chair of the House of Representatives’ Resources Committee which oversees Indian gaming matters. RICH PAC’s treasurer Barbara Bonfiglio had signed Malik (MJM Enterprises & Development) to a lobbying contract with her firm (Williams & Jensen). Barwest principals and their various affiliates and partners had various matters passing through the House resources committee.
Jeff Denham is currently vice chair of the California Senate’s Governmental Organization Committee and was on the committee in 2004 when Barwest made the contribution to the San Joaquin County GOP Committee. That committee traditionally takes up matters of Indian gaming compacts for review in the state Senate.
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