Matt Kelty Indictment

Angry White Boy recently posted the indictment against Matt Kelty:
<http://www.turkette.com/political/kelt.pdf>

I would like to discuss these items one by one:

1. The first count is a class D felony for perjury. Basically the Grand Jury asked Matt Kelty if Don Willis had ever provided any support to your campaign other then what has been delineated in your reports?" To this question Matt answered "Not that I know of."

This means the grand jury feels that Matt Kelty made a false, material statement knowing the statement to be false or not believing the statements to be true.

So to convict Matt Kelty of this a court of law will have to prove that Don Willis did provide support to Matt Kelty's campaign other then what is listed in his campaign reports and that Matt knew this contribution came from Don Willis.

This is pretty straight forward and will be determined by the jury. I do not think Matt Kelty lied to the Grand Jury and I think he will be found innocent by a jury at his trial.

2. The second count is a class D felony for perjury. Basically the Grand Jury asked Matt Kelty "So your story is that Fred Rost, your campaign chairman, lender to you of $150,000, commissioned a poll for your benefit to determine the public's sentiments on an issue that's an issue in the campaign and he doesn't tell you about it?" Matt responds with "Yes sir."

This means the grand jury feels that Matt Kelty made a false, material statement knowing the statement to be false or not believing the statements to be true.

So to convict Matt Kelty of this a court of law will have to prove Matt Kelty knew that Fred Rost commissioned a poll for Matt's benefit and that Matt knew Fred Rost commissioned the poll.

This is pretty straight forward and will be determined by the jury. I do not believe that Matt lied to the Grand Jury.

3. The 3rd count is a class D Felony for filing a fraudulent campaign finance report concerning an $8000 loan.

We have discussed this to death on this blog and many others. Many people I respect have read the campaign finance laws and do NOT feel that Matt Kelty broke the law (Including myself and two of the three members of The Allen County Election Board). Many other people I respect have read the campaign finance laws and feel that Matt Kelty broke the law.

This one is just a matter of opinion.

4. The 4th count is a class D Felony for filing a fraudulent campaign finance report concerning a $2000 loan.

See number 3 above.

5. The 5th count is a class D Felony for filing a fraudulent campaign finance report concerning the total of the loans list in #3 and #4 above.

See number 3 above.

6. The 6th count is a class D Felony for filing a fraudulent campaign finance report concerning the source of an in-kind contribution (Zogby poll) as contributed by Fred Rost, knowing the contributors were, in fact, Fred Rost and Donald Willis.

This one is a little different.

Basically the Court will first have to prove that the Zogby poll was paid for by Don Willis and Fred Rost. Secondly they will have to prove that Matt Kelty knew that both Don Willis and Fred Rost paid for the Zogby poll.

This one is very straight forward. I do not think Matt Kelty lied.

7. The 7th count is a class D Felony for fraudulently reporting a campaign contribution of $150,000 from Fred Rost as a personal loan from Matt Kelty.

See #3 above.

8. The 8th count is a class B misdemeanor for placing the $150,000 contribution made by Fred Rost into Matt Kelty's personal checking account.

Realize that both Fred Rost and Matt Kelty considered the $150,000 a loan from Fred to Matt. Based on that Matt put that contribution into his checking account and then loaned it to his campaign.

See #3 above.

9. The 9th count is a class B misdemeanor for placing the $10,000 contribution made by per #5 above into Matt Kelty's personal checking account.

See #8 above.

In summary I think that six of these charges stem from a difference of opinion on how 3 loans to Matt Kelty's Campaign should be reported. I have talked to several lawyers and several CPA's about this issue. They are split on the issue almost exactly in half. Half think it was reported correctly and half think it was reported incorrectly. This one issue is directly responsible for charges 3, 4, 5, 7, 8, and 9. As far as I am concerned these charges are a joke.

Charges 1, 2, and 6 are charges of a different nature and involve an accusation that Matt Kelty is lying. I certainly do not think Matt Kelty is lying; however, this is going to be put in front of a jury.

Since I am not Matt Kelty, Don Willis, or Fred Rost I cannot know for certain what was known and by whom it was known. Based on reputation alone I have heard that Don Willis is a good man. I know Fred Rost and Matt Kelty somewhat and I feel both are men of integrity.

That is my take on the nine indictments.

I would like to thank AWB for posting the indictment on his blog Fort Wayne News!

What is your take on the nine indictments?