Westar Energy's scheme to bribe Tom DeLay and other prominent Republicans

Executives of a Kansas-based energy company believed that $56,500 in donations to political groups linked to four key Republican lawmakers last year would prompt Congress to exempt their firm from a problematic federal regulation, according to documents disclosed as part of a federal investigation of the company.

One executive of Westar Energy Inc. told colleagues in an e-mail that "we have a plan for participation to get a seat at the table" of a House-Senate conference committee on the Bush administration's energy plan. The cost, he wrote, would be $56,500 to campaign committees, including some associated with House Majority Leader Tom DeLay (Tex.), Rep. Joe Barton (Tex.), Rep. W.J. "Billy" Tauzin (La.) and Sen. Richard C. Shelby (Ala.).

The e-mail said Tauzin and Barton "made this request" for donations, and Shelby "made a substantial request" for another candidate. It not specify a direct request from DeLay.

Spokesmen for the four lawmakers said yesterday there was no connection between Westar's donations and their involvement in the sharply debated energy legislation. The exemption that Westar sought was inserted into the legislation by Barton, but it was later withdrawn after a grand jury began investigating the company for alleged wrongdoing, including securities fraud.

The Westar officials involved in the e-mails have subsequently resigned, taken leave or been fired. The Kansas City Star reported some details of the Westar e-mails last month.

It is illegal for elected officials to promise legislative favors for political donations, and the four lawmakers named in the e-mail say they have abided by that law. A DeLay spokesman said, "When people contribute to DeLay or causes he supports, they are supporting DeLay's agenda, we are not supporting theirs."

The e-mails are among the exhibits in Westar's own inquiry into company practices, led by former U.S. attorney Mary Jo White of New York. The exhibits were posted on Westar's Web site. Westar spokesman James Ludwig said the e-mails have been referred to Tim Jenkins, a lawyer specializing in campaign finance law, to determine whether civil or criminal laws were broken.

On May 20, 2002, Westar Vice President Douglas Lawrence sent an e-mail to Douglas T. Lake, an executive vice president. It said in part: "We are working on getting our grandfather provision on PUHCA repeal into the Senate version of the energy bill. It requires working with the Conference committee . . . . We have a plan for participation to get a seat at the table, which has been approved by David, the total of the package will be $31,500 in hard money (individual), and $25,000 in soft money (corporate)."

"David" is an apparent reference to David Wittig, then Westar's chief executive. PUHCA is the Public Utility Holding Company Act. Hard and soft money are forms of campaign donations.

"Right now, we have $11,500 in immediate needs for a group of candidates associated with Tom DeLay, Billy Tauzin, Joe Barton and Senator Richard Shelby," the e-mail said. It said DeLay's "agreement is necessary before the House Conferees can push the language we have in place in the House bill." Tauzin and Barton "are key House Conferees on our legislation. They have made this request" for contributions to other Republican candidates "in lieu of contributions made to their own campaigns."

Lawrence's e-mail called Shelby "the lead Republican on all Senate PUHCA related matters. He is our anchor on the Senate side. He made a substantial request of us for supporting" Tom Young, Shelby's chief of staff, who in 2002 was running for a House seat from Alabama.

DeLay spokesman Stuart Roy said yesterday that DeLay met with Westar representatives last year. However, Roy said, "We have no control over any fantasies they might have about what they might get for a campaign contribution." The Westar amendment, he said, meshed with DeLay's long-held free market, deregulatory philosophy.

Tauzin spokesman Ken Johnson said: "There was absolutely no express or implied quid pro quo. . . . No one on our committee is going to risk going to jail over a campaign contribution."

Shelby spokeswoman Andrea Lofye said, "Senator Shelby made no request for campaign funds of Westar on behalf of Tom Young, nor did he ever support an exemption from PUHCA for Westar."

Barton spokeswoman Samantha Jordan said the House member put the Westar amendment into the energy legislation, but "absolutely and unequivocally" there was "no quid pro quo whatsoever."

Another e-mail from Lawrence detailed the sums that 13 Westar officials were to contribute to reach the $31,500 in individual, or "hard money," contributions. It said Wittig would give $9,450, Lake, $6,300, and Lawrence, $945. The candidates selected for the "immediate needs" contributions totaling $11,500 were Reps. John M. Shimkus (R-Ill.), Sam Graves (R-Mo.), Anne M. Northup (R-Ky.), Shelly Moore Capito (R-W.Va.), DeLay and Young.

Westar gave a $25,000 in corporate "soft money" to a political committee with strong ties to DeLay, Texans for a Republican Majority PAC.



© 2003 The Washington Post Company.