Tom LoBianco of the Associated Press writes that a months-long investigation of Indiana’s State Commissioner of Education Tony Bennett “found ample evidence to support federal wire fraud charges….” The AP gained access to a copy of the 95-page report.
The investigation, which was completed by the inspector general’s office in February, found more than 100 instances in which Bennett or his employees violated federal wire fraud law. That contrasts sharply with an eight-page formal report issued in July that said the office found minimal violations, resulting in a $5,000 fine and an admonishment that Bennett could have avoided fines by rewriting rules to allow some campaign work on state time.
Inspector General David Thomas, who is leaving office this month, did not immediately respond to a request for comment Tuesday about the discrepancies. But the full report compiled from the six-month investigation, which is closely guarded, clearly shows that Thomas’s investigator believed grounds existed for charges against Bennett.
The report also cites the successful prosecution of former Lake County Surveyor George Van Til as a blueprint for prosecution. Van Til, a Democrat, pleaded guilty last December to six counts of wire fraud and admitted to using county employees for campaign work between 2007 and 2012.
Bennett’s use of state resources during his failed 2012 re-election campaign came under scrutiny after the AP reported in September 2013 that Bennett had kept multiple campaign databases on Department of Education servers and that his calendar listed more than 100 instances of “campaign calls” during regular work hours. The AP also reported that Bennett had ordered his staff to dissect a speech by his Democratic opponent for inaccuracies ? in apparent violations of Indiana election and ethics laws.
Bennett, who has repeatedly denied any wrongdoing, told The Associated Press on Tuesday that the matter was closed and that he would have no comment.
Bennett was a former star in national education circles and protege of former Indiana Gov. Mitch Daniels and former Florida Gov. Jeb Bush. But Bennett resigned as Florida’s schools chief in August 2013 after the AP published emails showing he had overhauled Indiana’s “A-F” school grading system to benefit a charter school run by a prominent Republican donor….
From Jan. 1, 2012, to Dec. 31, 2012, the investigation found more than 100 violations of wire fraud laws. They included 56 violations by 14 Bennett employees and 21 days in which Bennett misused his state-issued SUV. Former chief of staff Heather Neal had the most violations, 17.
In a section labeled “Scheme to Defraud,” the inspector general laid out its case, saying Bennett “while serving as the elected Superintendent of Public Instruction of the State of Indiana, devised a scheme or artifice to defraud the State of Indiana of money and property by using State of Indiana paid employees and property, for his own personal gain, as well as for his own political benefit to be re-elected to the office of Superintendent of Public Instruction.”
The violations fell into five categories: political campaign fundraising, responding to political opponent’s assertions, calendar political activity meetings, political campaign call appointments and general political campaign activity.

I’m no Bennett fan – in fact, I’m desperately hoping that he’ll be sharing a cell with John Deasy quite soon. But, in fairness, I don’t get this one: “his calendar listed more than 100 instances of “campaign calls” during regular work hours”. I’m guessing that Commissioner of Education is not an hourly position with set office hours, so what does “during regular work hours” mean? As a professional, his hours are until the job is done, which can mean working nights and weekends, but it can also mean doing personal things during the 9 to 5 slot weekdays. Now, if these calls used DOE/state equipment and/or staff, then I can see the problem. But I don’t have a problem with a candidate for any office utilizing personal time for campaigning, and when one is considered a professional, distinguishing “personal” from “work” time can be tricky.
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Ask yourself if teachers lobbied for levies on their own cell phone.
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Interesting point. Is he paid for 40 hours a week? 50? So if he works until midnight on Monday putting in a 16 hour day, and makes 30 minutes of political calls at 10 a.m. on Tuesday, is this a violation? As you point out, using state resources is a different matter.
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Just because you are a professional doesn’t mean you don’t have ‘regular work hours’. The standard 9 – 5, Monday through Friday hours are considered work hours in many, if not most, government work places and if he made political calls during those hours he violated the law. The article says there is ample evidence that he did. What is confusing about that?
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Two years ago your blog entry Crybaby In Indiana was also in reference to campaigning for the Indiana Superintendent candidate who beat Bennett. Our former governor called use of school time and equipment to promote the winning candidate “anything goes”, “creative” and “illegal”. I was unable to access the entire link but I do recall the accusations against teachers that they had illegally promoted Ritz while at work. I wondered why he didn’t send a posse after some high profile teachers. It was pretty obvious that Bennett was campaigning during his professional work hours and with state equipment but it was the state’s teachers who were pointed at by the by our governor. This report is so two years ago. Just putting into documentation what was already known to all who cared to notice. Most don’t care and this is too much too late. This is singing to the choir. He’s had his wrist smacked, been fined and probably is going to get some sweet appointment very soon. An interview presenting him as contrite and wiser was recently published and in the same week that the state chamber of commerce announced that the position should be an appointment rather than elected. Connect the dots. He’s been in the news every week now for several weeks. It’s not a coincidence.
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I have a full copy of that article followed by 46(!) pages of reader comments who roundly blasted Daniels for his sore loser comments. I was composing my remarks below while you wrote yours. 🙂
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The recent interview with Bennett regarding his campaign was titled “I was a (bleep) candidate” by Tim Swarens. It ran in the Indianapolis Star and the Lafayette Journal and Courier. It’s available at JCOnline. Subscription needed for INDYstar.
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As a public school teacher in Indiana, I can’t tell you how welcome it is to have a bright spotlight shining on Dr. Tony Bennett, even after voters sent him packing in the November 2012 election.
What’s ironic is that almost exactly 2 years ago (Dec. 1, 2012), outgoing Indiana GOP Governor Mitch Daniels ranted in an Indianapolis Star article that Indiana teachers were using school computers on school time sending out e-mails that tried to influence the election (against Bennett). When asked for proof, he gave no specifics.
(http://www.indystar.com/article/20121130/NEWS05/121130014/Gov-Mitch-Daniels-claims-teachers-used-illegal-tactics-defeat-GOP-state-education-chief-Tony-Bennett)
DANIELS:
“We got emails sent out on school time by people who were supposed to be teaching someone at the time, all about Tony Bennett. We have parents who went to back to school night to find out how little Jebbie is doing and instead they got a diatribe about the upcoming election.”
….
Daniels called Bennett’s defeat a setback, but insisted that Bennett didn’t lose because of the merits of the changes.
“Despite the great progress that’s been made in states like ours, the forces of reaction never quit,” Daniels said. “The last twitch of the dinosaur’s tail can still kill you and that’s what happened.”
Asked if the governor has proof of the illegal activities, spokesman Jake Oakman said the incidents “were rather well known during the campaign” but offered no specifics.
Oakman said the Indiana Republican Party “received a number of complaints from parents about the personal attacks on Dr. Bennett during the election.”
He referred to the state party the question of whether any action was taken to investigate the claims.
Indiana GOP spokesman Pete Seat said the party received copies of emails about the election that were sent by teachers from school accounts. Seat said the party did not take action because those who provided the emails simply wanted the GOP to be aware of them.
Asked if the emails were a violation of state law, Seat said they were “certainly inappropriate.”
When Daniels leaves office in January, he will become the president of Purdue University.
(I think this article is currently behind a pay wall.)
At that time, Democrat Glenda Ritz (who, by the way, is a registered Republican, and did not caucus with the Dems) was the *only* Democrat to win a major race in Indiana after the GOP scored a nearly clean sweep statewide. For a Republican to lose–that year, at that time, in that state, in any race–they must’ve had a serious problem. Bennett was the poster-boy for bad education policies, overweening arrogance, bullying behavior, and a serious god complex.
To this day, the GOP has an unbreakable super-majority in both houses. Daniels’ complaint in this article came off as a serious case of sour grapes.
Ex-gov Daniels might’ve forgotten this little article, but we teachers have long memories sometimes.
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What’s the “great progress” in Indiana, specifically? Did any0ne ever ask former Governor Daniels?
Are public schools better? That is what we were promised by ed reformers. They would improve public schools. Have they done that in Indiana? They haven’t in Ohio. As a matter of fact, 15 years into following their directives and pouring money into every ed reform fad that comes down the pike,, Ohio public schools are weaker.
We need to hold them to their original promise. They claim was they would improve public schools. Opening charter schools is not what we were sold.
Anytime anyone of them appear publicly in our states we need to ask them to show us how they have improved public schools.
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Chiara:
They are most certainly not better. My life was basically turned upside down by the ridiculous directives instigated by Bennett, Daniels, and the GOP-majority legislature in Indianapolis.
When running for office in 2008, neither Bennett nor Daniels mentioned that they would try their utmost to destroy public education, ruin teaching as an attractive career, or attempt to crush the Indiana State Teachers’ Association (the Hoosier State’s NEA affiliate).
These cloacas (current Governor Pence is on the same list as his predecessor Daniels & Bennett) had/have the nerve to pretend things got better, but they never set foot in schools or ask anyone for constructive, honest feedback.
Indiana voters (many, but not all, of which are corn-gnashing peasants) continue to vote for people like this.
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“corn-gnahsing peasants”
great phrase and imagery, whomever coined it
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“. . . many, but not all, of which are corn-gnashing peasants. . . ”
Proud Hoosiers, though, eh!?!?!?!
(hoosier in the St. Louis meaning, that is-ha ha)
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I’ll have to be honest here. I borrowed the phrase (corn-gnashing peasants) and modified it when I read a great piece from “The Onion”
(http://www.theonion.com/articles/governor-walker-should-be-flogged-for-his-inabilit,19309/) which castigated Wisconsin Governor Walker for the strife after he severely limited collective bargaining. The key line in this satirical article (written by a Confederate slave-owner named T. Herman Zweibel) is as follows:
“You may imagine my rage when I was informed that the Governor was facing down seventy thousands of angry state workers after informing them that they had lost their right to bargain for Union contracts! He allowed them to rise up like so many aspirational prairie-dogs, without fear of lashing, the gibbet, nor public humiliation! Wisconsin, as we all know, is a hinterland of ruddy-faced, venison-gnashing peasants, so naturally the in-ability of this man to rule there infuriated me so greatly that my iron dentures clashed together with a force sufficient to spot-weld them closed. We have come to a pretty pass in this country when common citizens feel they have the right to assemble in public…Once I had been calmed and my jaws freed by my house dentrifice-monger, I discussed the matter of the Union workers with my solicitors. My first question, of course, was whether or not these Union toilers could be replaced with vastly less expensive workers under the Confederate model, but I was informed that for various complex reasons this may not be feasible for several years….Yet what little blood still seeps through my calcified and brittle veins was brought near to boiling when I was told that minions, lackeys, and servants were threatening to assemble publicly and make their opinions known in the neighboring cesspools of Ohio and Indiana. If this madness were to spread, the grotesque accumulation of capital I and my brother barons so cherish would be under some feeble threat. What would these workers demand next? A six-day work week? Nonsense!”
I *am* proud to be a Hoosier, but I’m not especially proud of the way our state government has (mis)handled education in the last 5 years. I’m proud of our voters having enough sense to turn out “Mr. Reformy” Tony Bennett in the 2012 election. But much more needs to be done, including the breaking of the GOP monopoly in the statehouse. Gov. Mike Pence seems to think an all-GOP Indiana government gives him a blank check to slash any and all government and government-funded programs. Ever hear of checks and balances, Gov?
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As a former Indiana teacher, the Bennett story gives me a nice chuckle.
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Me too. I saw him speak twice–once at a “forum” (actually, he spoke and took 3 x 5 cards with questions from the audience) and another when he recognized a leading teacher. The guy was talk, and wrong action.
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Oops, I was chuckling so much that I committed a grammatical error in my comment.
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It is a sad message that we don’t blink when this sort of thing occurs, we almost expect it will happen.
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Could Bad Boys from Cops be in the future?
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Whether he should be indicted for this or not, he was NO educator. Our local Merrillville school superintendent at the time challenged him at our high school auditorium. Bennett wanted to grade schools, Dr. Lux told him he could tell him right then where the poor performing schools would be – which was true of course.
I challenged him twice at two different local appearances but the man was interested in riding the wave of charters and making himself a national icon.
I once wrote him that he was an uneducated man I don’t care how many doctorates he may have had. That I still believe to be true.
They got other criminals by using a tax evasion law. MAYBE it is necessary to get Bennett by this means. What Bennett tried to do in Indiana was horrific, deserving of jail time I believe AND that legacy still carries on in Indiana politics as was noted a short time ago when politicians were, still are, trying to tie the hands of Glenda Ritz.
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I saw your superintendent Dr. Lux at a forum at Rochester in 2009, but the Indiana DOE people were there to “listen”, but not comment. Lux made some excellent, hard-hitting remarks as I recall (I took notes).
Another Indiana superintendent who would not wear the albatross of failure was Superintendent Daniel Tanoos of Terre Haute (see http://indianapubliceducation.blogspot.com/2011/01/how-logic-of-reform-works-in-indiana.html)
“[there was] the thunderous ovation Vigo County schools superintendent Dan Tanoos received that night when he feistily challenged the state chief [Dr. Tony Bennett] to “make us feel like you are advocating on our behalf instead of against us.”
Unfortunately, too many superintendents were silent (making them accomplices) to the wreckage created by Daniels, Bennett, the GOP legislature, and now Pence.
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Your term “cloacas” referring to the past and present governors and Bennett is simply priceless! Bosma, Behning, Kenley and a host of other ALEC goons could be included too. What is so shocking is that as P.O.ed as the voters seemed to be with Daniels’/ Bennett’s reform plans, they went ahead and voted the bozos back in who allowed the catastrophe take place via legislation. Once again Hoosier voters are dozing at the wheel as the bus is about to plummet over the cliff.
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