Former County Clerk-Recorder Sentenced To Jail For Theft, Perjury

Martinez CA

13 July, 2021

7:23 PM

Description

MARTINEZ, CA — Joe Canciamilla, the former longtime clerk-recorder for Contra Costa County, pleaded guilty Monday to nine counts of perjury and grand theft in connection with illegal activity tied to bank accounts for multiple political campaigns, the Contra Costa County District Attorney's Office said. The DA's Office filed criminal charges last year against Canciamilla, who resigned in 2019 from his position as Contra Costa County clerk-recorder. Canciamilla initially pleaded not guilty in June 2020 to 34 counts filed against him. In a plea agreement Monday, Canciamilla agreed to serve 365 days in county jail. The court agreement stipulates that the sheriff's office will determine how his time in custody will be served. Contra Costa County Superior Court Judge Leslie Landu also sentenced Canciamilla to two years of formal probation. Prosecutors said that from 2010 to 2016, Canciamilla, a Pittsburg resident, committed felony perjury by making misstatements on campaign disclosure statements, called Form 460s. Canciamilla signed these campaign finance statements under the penalty of perjury, the DA's Office said. The grand theft counts against Canciamilla relate to his use of campaign funds for personal use, prosecutors said. According to the DA's Office, personal expenditures made with funds from Canciamilla's campaign committees included: A personal vacation to Asia Restaurants Airfare on Southwest Airlines and American Airlines Repayment of a personal loan Transfers from his campaign bank accounts to his personal accounts In 2019, Canciamilla was fined $150,000 by the California Fair Political Practices Commission in a civil stipulation for his inaccurate campaign finance statements, which concealed the personal use of campaign funds for his own benefit. The personal use of campaign funds is "one of the most serious violations of the Political Reform Act," an FPPC spokesperson said at the time. "Among other things, Canciamilla was found to have used the funds to remodel a vacation home in Hawaii and for a vacation to Asia," FPPC Spokesperson Jay Wierenga said. Canciamilla reimbursed the committee for the $130,529 he improperly used, and the FPPC required him to pay half the $150,000 penalty with his own personal funds. An audit by the Franchise Tax Board initially uncovered numerous suspected issues with Canciamilla's campaign disclosure forms, including personal use and reporting errors. The FPPC conducted an exhaustive investigation which determined Canciamilla misled the FTB for the purpose of concealing other violations, including additional personal use of campaign funds, false reporting, and commingling of campaign funds with personal funds. "Besides the home remodel and Asian vacation, Canciamilla admitted nearly all of this activity was concealed on his campaign filings through a mixture of non-reporting, over-statement of available cash on hand, and other reporting violations," the FPPC said. The Contra Costa County case was prosecuted by Deputy District Attorney Steven Bolen, who is assigned to DA Office's Public Corruption Unit. The state Franchise Tax Board first told the DA's Office in 2017 about possible criminal activity associated with campaign accounts for Canciamilla. Due to his felony conviction, Canciamilla will not be able to act as an attorney and he has to report his criminal conviction to the California State Bar. Further, Canciamilla can no longer hold public office or any other elected office. Canciamilla had been a widely respected politician, with a long track record and a variety of experience. He was first elected to the Pittsburg Unified School District school in 1973, when he was 17 (and sworn in at 18). Canciamilla went on to become a Pittsburg city councilman, a Contra Costa County supervisor and state Assemblyman before he was appointed county clerk and recorder in 2013. He won election to that post in 2014 and again in 2018. Canciamilla's attorney Michael Rains, who was not immediately available for comment Tuesday, said following Canciamilla's arraignment last year that his client had acknowledged wrongdoing and was seeking a "reasonable resolution" to the case. "He's not a young man, and he wants to live the rest of his life without the weight of this on his shoulders," said Rains, who noted Canciamilla has acknowledged wrongdoing. "He understands he did things he should not have done with this money." Bay City News Service contributed to this report