Lexington businessman asks judge to toss charges related to council campaign donations
An executive with a Lexington real estate company who is charged with lying and instructing others to lie about political campaign contributions has asked a judge to dismiss the charges against him.
Federal prosecutors alleged in a June indictment that Timothy Wayne Wellman gave money to a dozen people, who in turn donated that money to Lexington-Fayette Urban County Council members during the 2018 election. Wellman pleaded not guilty to charges of interfering with an FBI investigation of the alleged improprieties.
Wellman, an employee of CRM Companies, allegedly used the straw contributors to circumvent state campaign finance laws that limit contributions by individuals to $2,000 per election.
CRM Companies was selected from four potential bidders to build a new city government building at the current site of the Lexington Herald-Leader building on Midland Avenue, but the city ultimately decided mot to move forward with the deal last fall.
In motions filed Aug. 20, Kent Wicker, Wellman’s lawyer, alleged that a rival bidder who did not get the city hall project hired a former FBI agent to disparage CRM and “it then approached the government with allegations that CRM employees made campaign contributions to council member to influence their votes.”
The motion does not name the rival bidder.
In that same motion, Wicker said Wellman did not have an ownership stake in CRM Companies and would not have financially benefited from the city hall deal if it had been approved.
Wicker argued the charges should be dismissed, in part because the investigation involves state campaign laws and not federal campaign finance violations. The issue should be investigated by state prosecutors, he said.
“Neither the grand jury nor the investigators should have been investigating the conduct at issue because the alleged underlying conduct clearly falls outside of federal jurisdiction,” Wicker argued in motions to dismiss or strike parts of the charges against Wellman. “Moreover, obstruction of any investigation into violations of state law does not violate any federal law.”
State prosecutors also are looking into the allegations. Kentucky Attorney General Andy Beshear appointed Jefferson County Commonwealth Attorney Thomas Wine as a special prosecutor to look into alleged campaign finance violations in March. A spokesperson for Wine said in June that the investigation is ongoing.
Wellman’s trial was originally scheduled for Aug. 20 but was moved to Dec. 9 in Frankfort.