Whalen Pleads Guilty, Receives Probation Before Judgment
Catonsville developer called the illegal donations he made "the dumbest thing I've ever done" and paid $58,000 in fines.
UPDATED (4:04 p.m.)—Steven Whalen pleaded guilty in Baltimore County Circuit Court in Towson Thursday, and was sentenced to probation before judgment and fines totaling $58,000.
Whalen, a Catonsville developer, was charged two weeks ago by the Maryland State Prosecutor on five counts of violating state campaign finance laws relating to $7,500 in donations he made to Councilman Tom Quirk through a friend, employee and his personal trainer.
Whalen told Judge John Grason Turnbull II that the donations "were one of the dumbest things I've ever done."
Following the trial, Whalen said he wanted to help Quirk but said he decided against making the donations legally through any of his half-dozen companies because it would be linked to him.
Whalen said opponents of the Southwest West Physicians Pavilion Project on Kenwood Avenue would use information on the donations "to hurt me, hurt the project, hurt the [Quirk]."
Whalen, a developer with 40 years experience, said he's used to opposition but allowed opponents of this project to get under his skin.
"I was angry and I wasn't thinking," Whalen said, but later added that he believed the straw donations would result in little more than a civil fine based on cases involving other developers including Ed St. John.
"That was what I was thinking," Whalen said. "I didn't think there would be criminal charges."
Whalen paid three people $2,500 each in return for each of them writing personal checks to Quirks campaign. The tactic, known as a straw donation, allows a donor to hide the true source of the donations and skirt state laws regarding transparency.
Whalen withdrew $8,500 in cash from the account of his company asked his personal trainer Michele Mandel to donate $2,500 to Quirk some time between Aug. 27 and Sept. 1 2011. Whalen then paid Mandel in cash for the donation.
During that same time, Whalen is accused of asking Diane Underwood and Darryl Hitt to make $2,500 donations.
Underwood is a personal friend of Whalen and Hitt works as a construction manager for Whalen Properties.
In court, Whalen took full responsibility, telling Turnbull that he took advantage of people who were "politically unsophisticated."
"I used them," Whalen said.
Whalen, following the trial, said he could not remember what happened to the remaining $1,000.
"I didn't make a campaign donation," he said. "I don't remember what happened to it. Hopefully I did something fun with it."
Whalen also pleaded guilty to two counts of violating campaign donation limits.
In the first count, the $7,500 of donations forced Whalen over the limit of $4,000 that may be given to any one candidate in a four-year period.
In the second count, the $7,500 brought Whalen's total personal donations for the same four-year period to more than $11,000. State law limits donations to a total of $10,000 in any four-year term.
Turnbull sentenced Whalen to probation before judgment and ordered the developer to pay $53,000 in fines—the full penalty under law for the five counts. Whalen also paid $5,000 associated with related civil citations.
Whalen paid the fines before leaving the courthouse—satisfying the terms of his probation and allowing him to apply to have his record expunged.
In March 2012, Whalen contributed $4,000 to Democratic County Executive Kevin Kamenetz's campaign and $250 to the campaign of David Marks, a Perry Hall Republican. Both donations were legal.
Marks said he planned on returning the donation. Kamenetz plans to keep the donation.
David Ferguson, Executive Director of the Maryland Republican Party, called for Kamenetz and other Democrats to return money donated by Whalen.
“Those who have received contributions from Stephen Whalen should follow the lead of Baltimore County Councilman David Marks and return his dirty contributions," Ferguson said in a statement Thursday afternoon.
"Stephen Whalen’s conviction is another consequence of Maryland being a political monopoly for Democrats and their cronies," Ferguson continued in his statement. "Unfortunately, this culture of corruption is standard operating procedure for crooked politicians and donors like Stephen Whalen looking to pay-for-play."
Whalen is the owner of Whalen properties, and is seeking to build a medical center on Kenwood Avenue in Catonsville. Whalen has also expressed interest in developing a portion of the Spring Grove Hospital Center as part of his proposed Catonsville Promenade project.
The project was mentioned in a number of emails between Quirk and Whalen at the same time the councilman was asking his developer friend to help him raise money.
Quirk, a Catonsville Democrat, was not charged. The councilman, in a text message, said he was in meetings and not immediately available for an interview.
"As the State Prosecutor noted, our campaign committee was misled about the true identity of these donors," Quirk said in a statement emailed from his campaign. "We reported our concerns to the State Election Board as soon as we became aware of it, cooperated fully with the State Prosecutor in its investigation of Mr. Whalen, and returned the contributions in full. I thank the State Prosecutor for vigorously investigating this violation of our campaign finance laws."
Following the trial, State Prosecutor Emmet Davitt declined to elaborate on the proceedings saying that it would open up a discussion of the investigation. When asked if the investigations was closed, Davitt would only say "We'd certainly follow up if new information were presented to us."
LF
12:11 pm on Thursday, January 3, 2013
Did Councilman Quirk know where the donations came from?
Paul Dongarra
3:35 pm on Thursday, January 3, 2013
LF, I have just posted a blog on PATCH. It should be online very soon. In it are links to documents, resolutions and the like in order to help you answer your question.
OpenEyes
4:19 pm on Thursday, January 3, 2013
I am sure he did. The two have been denying involvement for months. The motive certainly existed. Unfortunately, Whalen and his puppets will continue to spread misinformation laughing all the way to the bank. If you have not seen the dancing elf video, it's worth the time. http://www.youtube.com/watch?v=nDCKgCdxcQM
eric
5:34 pm on Thursday, January 3, 2013
I doubt he did. According to the last round of articles he cooperated with prosecutors and returned the money as soon as he found out something wasn't kosher. If they thought he did something, they would have charged him too.
Paul Dongarra
6:16 pm on Thursday, January 3, 2013
Eric, I'd suggest reading the full statement of facts that can be found on the Special Prosecutor's website. http://www.ospmd.org You can find it under their press release page. It is clear that Quirk knew that the funds came from Whalen efforts to raise them. Combined that this info. was released in June in the Promenot video, http://www.youtube.com/watch?v=6EFLCZNlaKg the Councilperson had months to return the $. It is also very important to realize that Quirk told many supporters that he does not take money from Whalen, including his past treasurer.
Al Day
12:15 pm on Thursday, January 3, 2013
How are donations illegal? If I (or you) want to give money to our favorite politician how is that illegal. Now if it was tied to some favor that might be different. More facts please. And if the donations were made with the promise of favor then why isn't the councilman involved? Or prosecuted too? I'd like to hear more facts.
FIFA_archived
12:34 pm on Thursday, January 3, 2013
Very simple actually. Maryland law states an individual may not give more than $4,000 to any one candidate and no more than $10,000 in total to all candidates during a four year election cycle. Rules of attribution apply if corporations you own give money as well.
In this case Mr. Whalen pleaded guilty to giving $2,500 to each of two employees who in turn then donated the money to Mr. Quirk's campaign in an attempt to circumvent the law. This was added to the $2,500 Mr. Whalen donated, thus the total of $7,500. Guilty as charged.
Bryan P. Sears
4:18 pm on Thursday, January 3, 2013
Al: The story has been updated to include information about the illegal donations.
Diane Iacia
12:33 pm on Thursday, January 3, 2013
Favors ? I know enough ,
So sad for Catonsville !
Steve
12:52 pm on Thursday, January 3, 2013
This is almost laughable in the day of Super PACS and "Corporations are People".
That was quick. Two weeks between being charged and going to trial. I am glad to see there is no backlog in the court system.
FIFA_archived
1:02 pm on Thursday, January 3, 2013
Especially since Mr. Whalen could have contributed the money through separate LLCs or partnerships and been completely legal. Foolish man.
ddbs00
1:04 pm on Thursday, January 3, 2013
His attorneys and prosecutors worked out a plea agreement. How long should this have dragged on considering the guilty plea?
Paul Dongarra
4:37 pm on Thursday, January 3, 2013
Steve, this investigation has been ongoing since last Feb. That is when I turned the matter over the Special Proscutor.
Sanchez
1:02 pm on Thursday, January 3, 2013
Just the cost of doing business by Whalen. He will continue to buy his building permits and variances and exceptions form the county as he has for over 4 decades.
He is happy he has not been caught up to this incident.
FIFA_archived
1:07 pm on Thursday, January 3, 2013
Gee Joe, you don't think that people donate money to campaigns in exchange for favors, do you? How much was just spent on the Presidential campaign? Billions? Favors anybody? I'd hate to be on the losing side after donating millions for nothing and then try 'splaining that!
David S
8:08 am on Wednesday, March 27, 2013
Trace that money headed for the GOTbP back to Koch and friends - and you can say billions, not just millions were spent in a bit of a loss.
Sanchez
1:11 pm on Thursday, January 3, 2013
I call for the taxation of ALL campaign contributions to the receiver at their regular tax rate. Just like any income you and I may receive is taxable.
All taxes from campaign contributions will be used to pay down the debt only.
About $2 billion was donated in the last election cycle and at 30% tax that would bring in $600 million. Not much in the overall scheme of things but it is one way to help fight the debt they put our country in.
FIFA_archived
1:14 pm on Thursday, January 3, 2013
I would agree on that point, however, that does not change one iota the influence peddling that comes with those contributions, agreed?
Paul Dongarra
4:39 pm on Thursday, January 3, 2013
We could use legislation so that when these illegal contributions are found, they must be given over to a campaign finance reform advocacy group like Common Cause. It seems unjust that the money is returned to the donor who can use the money to help pay their fine.
kl
3:39 pm on Friday, January 4, 2013
great idea !!! only now the new tax rate ( over $450,000 ) is 39%, I see the national debt getting smaller already ! at least a little hit in the interest :)
Steve
1:12 pm on Thursday, January 3, 2013
I don't think Rmoney is going to be sitting next to Sheldon Adelson at the next Bilderberg Conference
Barry Ford
3:09 pm on Thursday, January 3, 2013
He broke the law, why isn't he in jail? Just another example of rich people getting away with murder. The rich lawyers and judges don't want to put a good friend from the country club in the slammer! Sets a poor example for the young people in Catonsville. The fine is nothing to him.
FIFA_archived
3:14 pm on Thursday, January 3, 2013
You ever get a speeding ticket? Did you do jail time? A parking ticket? Jail time?
Bryan P. Sears
4:20 pm on Thursday, January 3, 2013
Whalen could have been sentenced to 5 years in jail but received no jail time under the terms of his plea agreement. He was fined the full amount allowed by law for each of the five counts.
Sanchez
4:25 pm on Thursday, January 3, 2013
"Following the trial, Whalen said he wanted to help Quirk but said he decided against making the donations legally through any of his half-dozen companies because it would be linked to him. Whalen said opponents of the Southwest West Physicians Pavilion Project on Kenwood Avenue would use information on the donations "to hurt me, hurt the project, hurt the [Quirk].""
Whalen was not afraid of the law and his friends who administer it. He was afraid of his many opponents.
Sanchez
4:28 pm on Thursday, January 3, 2013
"I was angry and I wasn't thinking," Whalen said, but later added that he believed the straw donations would result in little more than a civil fine based on cases involving other developers including Ed St. John.
"That was what I was thinking," Whalen said. "I didn't think there would be criminal charges."
Whalen has admitted to KNOWINGLY breaking the law and had little concern for the civil penalties and went ahead any way with his violations of the law.
This is a man who has shown disregard for the letter and intent of the law and has no compunctions about breaking them. Quite immoral in my book.
moe green
5:17 pm on Thursday, January 3, 2013
58,000 buys a bunch of politicians. Not a bad deal. Just a cost of during business
David S
8:15 am on Wednesday, March 27, 2013
$7,500 was the donation. $58,000 was the fine issued by the court.
FIFA_archived
5:51 pm on Thursday, January 3, 2013
David Ferguson of the Republican Party of Maryland is a hypocrite at its worst. Donors routinely give money illegally to avoid the rules, it is not a partisan idea. For Mr. Ferguson to take the "high ground" is an obscenity and simply pathetic. Grow up Mr. Ferguson you are shameful in your hypocrisy. Better yet, you are disgusting and everyone sees it.
Sanchez
6:13 pm on Thursday, January 3, 2013
"Better yet, you are disgusting and everyone sees it."
Never speak for me or "everyone". No one authorized you to be their spokesVulture.
Sanchez
8:05 pm on Thursday, January 3, 2013
FIFA 7:39 pm on Thursday, January 3, 2013 "You Joe, are just common trash."
The Patch Acceptable Use: is defamatory, abusive, obscene, profane or offensive;
is inaccurate, false or misleading in any way
FIFA_archived
8:34 pm on Thursday, January 3, 2013
Sanchez, I was referring to Joe, who was suspended from the Patch. Are you suggesting you are one and the same? My, my. Have you confessed to continue posting although you were suspended? Is Joe equal to Sanchez? Is that what you are complaining about?
FIFA_archived
9:05 pm on Thursday, January 3, 2013
The tax protestor Bucky now shows up with his typical 9/11 conspiracy theories. Buck you are my statue, let me use you again.
Steve
10:05 pm on Thursday, January 3, 2013
Wait a minute! Shrek from Dundalk hasn't weighed in yet!
Steve
10:37 pm on Thursday, January 3, 2013
ROTFLMAO His Locker room buddy posted this on the Baltimore Sun's Forum.
"Sanchez nice work. Let the gov. take a gander at this:"
Balt Observer
3:24 pm on Friday, January 4, 2013
LOL..."Stank"/"Mitchum" still frequents Sunspot even though he's been banned long ago. Now that's funny. ROTFLMAO
Steve
1:15 am on Friday, January 4, 2013
LOL BO, If I was banned I couldn't view it! How can I be banned if I never signed up?
Another Maroon!
Steve
2:06 am on Friday, January 4, 2013
Just for you BO I e-mailed him. He isn't banned.
http://talk.baltimoresun.com/member.php?u=39594
and he is happy and well in Panama ;)
Balt Observer
8:28 am on Friday, January 4, 2013
Is "Panama" your latest euphemism for your grueling confinement in Mom's basement, "Stank"? Keep up the fantasies, Walter Mitty. LMAO
Sanchez
6:15 pm on Thursday, January 3, 2013
moe green "58,000 buys a bunch of politicians. "
Hmmm. Good question in a way. Where DOES that $58 grand go? Into the general fund or a victims fund ?
The Patch? Where does that money go?
Paul Dongarra
6:57 pm on Thursday, January 3, 2013
Mr. Sears. Is it possible for you to attach the Statement of Facts associated with the case so readers can read the correspondence between Quirk and Whalen?
Bryan P. Sears
3:45 am on Friday, January 4, 2013
A comment by user FIFA was removed because it violated Patch terms of use prohibiting abusive posts. http://towson.patch.com/terms
FIFA_archived
7:39 am on Friday, January 4, 2013
Extraordinarily inconsistent Bryan with your deletions as can be seen above.
Bryan P. Sears
7:48 am on Friday, January 4, 2013
FIFA: No, I'm getting to those but "dog excrement" was the one that grabbed my immediate attention in my inbox this morning.
Bryan P. Sears
3:52 am on Friday, January 4, 2013
Just a quick reminder regarding abusive comments. If you're personally attacking another person commenting on a story here, your comment will likely be flagged and removed.
Buck Harmon
9:11 am on Friday, January 4, 2013
I see no policy related to defensive posture related to these perceived attacks Bryan...pointing out the Patch Pigeons could be considered a service by some..
Happy New Year!
Therno Lo
7:20 am on Friday, January 4, 2013
How many of you think this the first time he did something like this? It just the first time he got caught.
Bryan P. Sears
7:47 am on Friday, January 4, 2013
A comment by user "Barry Ford" was removed for violating Patch terms of us prohibiting abusive comments.
Bryan P. Sears
7:48 am on Friday, January 4, 2013
A comment by user Buck Harmon was removed for violating Patch terms of us prohibiting abusive comments.
Bryan P. Sears
7:49 am on Friday, January 4, 2013
A comment by user "FIFA" was removed for violating Patch terms of us prohibiting abusive comments.
Buck Harmon
8:58 am on Friday, January 4, 2013
Glad to see you get on the ball Bryan...I was beginning to wonder about the integrity of Patch...looks like you finally devoted 5 minutes to site maintenance..Thanks, keep up the good work!
Chillin
9:13 am on Friday, January 4, 2013
Yup! I'm sure this little exposure is just the tip of the ice burg, but it won't get chipped away at any longer...a plea deal guarantees that. He may be accepting sole responsibility and paying the fines so eagerly so as to avoid is friends turning on him and floating that ice burg any higher. "It's all my fault guys. Let's just close the files now and say this little misunderstanding never happened... Hey! How about that Ravens game last night ? Did you guys see that play"
MMF
12:13 pm on Friday, January 4, 2013
of course Kevin Kam. doesnt want to return the donation- look what horrible things he is planning to do in the dundalk area- which will negatively affect BCPS students at Eastwood Center and will negatively affect the programs that are held at the North Point Govt Center- I hate these people in office!!! They all need to go and stop thinking everything is about money all the time! The future are our children is way more important then money and a new police station in place of their school. Use the donation money to resign ur lease to the Govt Center Building and leave our school alone!!!!!
Needaname
12:56 pm on Friday, January 4, 2013
Poor Brian Sears - makes a person wonder if these reporters knew what they where getting into.
Skip727
1:44 pm on Friday, January 4, 2013
Would any of these facts come to light if Mr. Dongarra's wife hadn't run against Mr. Quirk for County Council? Just asking.
Geoffrey Atkinson
9:05 pm on Friday, January 4, 2013
Well, it seems rather pointless to make campaign contributions to any politician if the politician doesn't know you are the donor. That said, what is the scope of the "corruption" here? Zoning infractions.
While unethical let's face it the outrage here comes from NIMBYism and pandering to such by certain defeated political rivals, not from any sense of legal ethos. Not saying this makes it right... just keeping it real.
Paul
11:04 pm on Friday, January 4, 2013
Paul Donarra = Open Eyes=David Taylor=Sally Doe = just three letters: F.T.C You are so funny and hypocritical.
David Taylor
11:56 pm on Friday, January 4, 2013
Oh sweety... nice try, but they know me here :)
Shall we add "Paul" as your newest shill account?
Sally Doe
12:05 am on Saturday, January 5, 2013
I can't speak for the rest but Sally Doe is NOT Paul Dongarra just as you are probably not Steve Whalen, Paul, or are you? And what on earth is F.T.C. for us "uneducated ones"? Once again the forest is lost while looking at the trees: the issue is that politicians are being bought and is up to us citizens to care enough to see that it stops through reform, voting, etc. If we don't care then developments that will eventually end up vacant and crime-ridden and that destroy open land, parks, etc. are created with no voice from the general public. So are we a corrupt government or a democracy?: that's up for you to care enough to decide and thank goodness for the 1st Amendment that allows all of us to voice our opinions and to uncover corruption without fear of punishment. It's shocking that you would be defending those who are corrupt instead of thanking those who uncover the corruption of the people who represent you plus the developers who not only the commercial land in town, but also the remaining local 7 liquor licenses while they wait for their Promenade to be finalized.
RARE MARYLAND INDEPENDENT
11:53 pm on Friday, January 4, 2013
Dumb = Leaving your car windows down during a storm.
Going out of your way to hide campaign contributions is a bit more than dumb. How about a crime?
Bryan P. Sears
10:17 am on Saturday, January 5, 2013
A comment by User Kelly Blue was removed because it violates Patch's prohibition on masked profanity. http://catonsville.patch.com/terms
Kelly Blue
1:58 pm on Saturday, January 5, 2013
How many people posting about this live in College Hills or Hidden Bluffs, really bad projects right? Was the Catonsville Professional Center, Rolling Crossroads or how about Charlestown a bad idea. OMG they took an old seminary with rolling fields and woods and turned into the best retirement community in the area that thousands have enjoyed. My oh my these dam developers. Dongarra and their ilk are not FOR Catonsville they're for themselves. Catonsville would be a much better place without them. And to all of the Hategarras out there, don't shop at the Giant at Wilkens that property used to be ball fields. So don't compromise your principles. You need to go to the A&P in downtown C'ville and get your prescriptions filled at Moss Drugs and when you want to see a movie make sure it's only the Alpha Theatre. Mr. Hategarra do you even know anything about Catonsville?
Paul Dongarra
7:30 pm on Saturday, January 5, 2013
My wife and I are not anti-development, we are opposed to poorly planned unnecessary development driven by greed that causes our current commercial corridors to erode. If Whalen Properties had proposed to redevelop Wilkins Plaza or Security Square Mall, I would applaud him. There are many great and exciting adaptive use and Transit Oriented Development (TOD) projects around the state: Union Mill, http://theunionmill.com/about/ The Oella Mill http://www.oellamill.com/,Camden Yards, and what is happening in North Bethesda, http://www.montgomeryplanning.org/community/whiteflint/ . The PUD on Kenwood Ave claims to be a TOD. It is not. Why are we upzoning land and issuing PUD's on land that hasn't been built on when there are many existing brown fields in need of redevelopment? Could it be that developers make more money when these parcels are purchased and then upzoned and/or a PUD issued? Because when this happens, it's almost like spinning straw into gold. Could it be that developers and their attorney's give and/or raise lots of money for our council to continue this alchemy of land use decisions?
Kelly Blue
7:02 pm on Saturday, January 5, 2013
" The only time food comes home is when we have left overs that are donated the next day to our area homeless shelter or to share with my neighbors... I also have a garden and use some of the veggies I grow."
So the great zoning expert has a commercial business and commercial garden (you are selling product grown on your property) in a residential neighborhood, I thought you were the zoning guru. Additionally you are looked at as a kind and generous person for giving away food that other people paid for. You are a wonderful human being.
Perhaps it's time for you to review the zoning laws vs ranting against law abiding citizens.
Reply
Leave a comment
Natalia Leimkuhler
5:24 pm on Monday, January 7, 2013
I wish folks would get the facts before they comment. I'm a friend of the Dongarras and know that they rent a commercial kitchen out of which they run their business. Many folks donate items that they did not initially pay for to those who need it more. It doesn't diminish the gift and the spirit in which it is given. Though I'm a friend of the Dongarras, I'm not a Whalen-hater. And I don't oppose all development. I do oppose new development where we have underused land that has already been developed like Security Mall and parts of Route 40 and Halethorpe that could benefit from redevelopment. We need leadership in the County, both business and political, that will look for ways to preserve any green space we have while upgrading existing developed areas. If Security Mall and other areas along the major transportation corridors of the Catonsville/Arbutus area are allowed to decay, what's to say that the new development, after the shine wears off, won't follow suit. And if crime or perceived crime is what's keeping folks from shopping along Security Boulevard and Route 40, it will find it's way to any new development. Let's keep crime a separate issue to be addressed.