Martin Austermuhle
This post has been updated
After a day of conjecture and confusion as to Councilmember Harry Thomas, Jr.’s (D-Ward 5) fate yesterday, today federal prosecutors charged him with theft and filing a false tax return.
In a filing, prosecutors claim that Thomas stole at least $353,000 in District funds. Thomas, states the filing, “embezzled, stole, obtained by fraud, without knowingly converted to the use of a person not the rightful owner, and intentionally misapplied property worth at least $5,000 and owned by, under the care of, under the custody of, and under the control of the District of Columbia, that is, $353,500 in District of Columbia funds.” Thomas is also accused of failing to report at least $346,000 in income over three years.
As a means to pay back what he owes, the filing states that Thomas won’t be getting back a motorcycle and SUV seized by the feds in a December raid of his NE home. According to the City Paper, the SUV is worth just over $39,000, while the motorcycle was listed at $23,000.
The Post reports that Thomas could appear in court as early as tomorrow to agree to a plea that could include jail time. He’s also reportedly going to resign from the D.C. Council, setting up a costly special election.
UPDATE, 1:30 p.m.: WTOP’s Mark Segraves tweets that if slapped with the maximum penalties allowed, Thomas could serve 13 years in prison — 10 for the theft, three for the tax charge. (Of course, a three-year sentenced has been rumored to be part of the deal, though a judge could reject that.) Mike Martinez, a producer for The Kojo Nnamdi Show, hilariously shares that the last time Thomas was on the show, he discussed a bill that would make it easier for former felons to get jobs.
UPDATE, 1:35 p.m.: The silence has been broken — according to WUSA9’s Bruce Johnson, Mayor Vince Gray has said that Thomas should resign. “I urge Councilmember Thomas to resign and focus his time and efforts on defending himself in court,” he said, according to Segraves.
UPDATE, 2:10 p.m.: Gray’s full statement: “Given today’s filing by the United States Attorney for the District of Columbia, I urge Councilmember Thomas to resign and focus his time and efforts on defending himself in court. While everyone is presumed innocent until proven otherwise, those who violate the public’s trust must be held accountable for their actions. I’m hopeful that this matter will be concluded quickly.” The City Paper’s Alan Suderman tweets that while D.C. Council Chair Kwame Brown hasn’t received word of Thomas’ resignation, “he expects it.“
UPDATE, 2:30 p.m.: According to Bruce DePuyt, Councilmember Muriel Bowser (D-Ward 4) has joined the calls for Thomas to resign. Before today, only Councilmembers Tommy Wells (D-Ward 6), Mary Cheh (D-Ward 3) and David Catania (I-At Large) had called on Thomas to resign.
UPDATE, 3 p.m.: Brown’s full statement: “I am very disappointed to learn of the serious charges brought against Councilmember Harry Thomas, Jr. He must very carefully consider doing what is in the best interests of his family, his constituents, and the District. I have not received Councilmember Thomas’ resignation, but I expect it. As I pledged on Tuesday, the residents of Ward 5 will continue to have their concerns represented by the Council of the District of Columbia.”
UPDATE, 3:20 p.m.: Tim Day, the Ward 5 resident that challenged Thomas as a Republican in 2010 and is largely responsible for uncovering the scandal, said in a statement:
My thoughts and prayers remain with my fellow Ward 5 Citizens who were forced to endure this process and controversy without having undistracted representation and progress for the Ward and City. I want people to know that unlike Harry Thomas Jr., the vast majority of Ward 5 residents are ethical people who are ashamed of Thomas’ betrayal.
I am pleased to see Mayor Gray finally called on Harry Thomas, Jr. to resign from the DC Council. Elected official and fellow Republican Patrick Mara asked for Thomas’ resignation in early June of 2011. Had other councilmembers followed his lead at an earlier date, we might have avoided the national public spectacle that this affair has now become.
I believe this is yet another step in the right direction to cure our city of this ethical cancer.
Although this is the first member of the Council to ever resign for ethical reasons, it is still quite clear that DC Councilmembers need to improve on policing themselves. Ethics reform still needs to be strengthened. This is proven by the fact Harry Thomas, Jr., was among those who voted for so-called ethics reform which still allowed him to continue being the Ward 5 Representative on the DC Council during his controversy.
I look forward to CM Thomas’ response regarding Mayor Gray’s request. I hope this brings some closure so Ward 5 can have the positive attention and representation it deserves.
At the same time, Councilmember Jack Evans (D-Ward 2) and Phil Mendelson have shied away from calling on Thomas to resign.
UPDATE, 3:30 p.m.: A hearing has been set for tomorrow at 11:15 a.m.
UPDATE, 4:05 p.m.: Cheh has again called for Thomas to resign, while Councilmember Vincent Orange (D-At Large), himself a former Ward 5 councilmember, declined to do so. As he told DeBonis, there’s no real point to ask Thomas to resign when it will likely be part of the agreement with the federal prosecutors.
