Tuesday, March 31, 2015

Visa Firm Executive Made Illegal Contribution to Rendell

 By Walter F. Roche Jr.


A key figure in an investigation of improper influence in a federal investor visa program made an illegal $15,000 contribution in 2010 to then Gov. Edward G. Rendell.
Records of the Pennsylvania Gaming Control Board show that Tommy Rosenfeld admitted to making the improper contribution at an Aug 18, 2011 meeting of the panel. He agreed to pay a $15,000 fine.
Rosenfeld heads CanAm Enterprises, a company that has an ownership interest in a Valley Forge casino, which is licensed by the state gaming panel.
"Yeah, I apologize," Rosenfeld told the board. "I inadvertently violated the act. It was a mistake. It won't happen again."
Both Rosenfeld and Rendell figured prominently in an investigative report issued last week by the Inspector General of the U.S. Department of Homeland Security, which concluded that the then head of the U.S. Citizenship and Immigration Services, Alejandro Mayorkas, improperly intervened in three investor visa cases. One of those cases involved a CanAm affiliate.
Both Rendell and Rosenfeld, according to the report, made phone calls to Mayorkas seeking approval for pending applications under the investor visa program.
Rendell last week admitted contacting Mayorkas but insisted he did nothing improper and merely sought to have the agency issue a decision on the application. Rendell also acknowledged that after he left office in early 2011, he became a paid advisor to Rosenfeld's company.
According to the IG's  report, following Rendell's and Rosenfeld's interventions, visas sought by CanAm were approved. Staffers of the agency had already prepared rejection letters, but those were never sent.
Rendell did not respond to a request for comment, nor did Rosenfeld.
The reversal, according to the report, came as a shock to agency employees.
"The juxtaposition of Mr. Mayorkas’ communication with external stakeholders on specific matters outside the normal procedures, coupled with favorable action that deviated from the regulatory scheme designed to ensure fairness and evenhandedness in adjudicating benefits, created an appearance of favoritism and special access," the 99-page IG report states.
The gaming commission records show that Rosenfeld admitted writing a $15,000 check to Rendell's committee in October of 2010.
Under state law principals in licensed gaming companies are barred from making such campaign contributions. According to the gaming commission records Rosenfeld said he expected the $15,000 to be used by Rendell's committee to make contributions to other candidates. Rendell, himself, could not legally serve another term.
In the August 2011 hearing before the panel Rosenfeld testified that when he learned that his contribution was improper, he asked that it be refunded and it was.
"Absolutely, they understood, absolutely. Yes, it was done very promptly." Rosenfeld said of the refund.
State campaign finance records for Rendell's committee do not show a contribution from or a refund to Rosenfeld.
Rosenfeld and his company had a longtime relationship with Rendell, both while he was Philadelphia mayor and later as Pennsylvania governor.
CanAm partnered with the Philadelphia Industrial Development Commission in forming a regional center under the investor visa or EB5 program. Later CanAm formed a regional center covering 43 Pennsylvania counties with the Department of Community and Economic Development. That was approved during Rendell's tenure.
CanAm's projects in the state include $122 million in funding to Philadelphia's convention center, a project pushed personally by Rendell, and $26 million for a Comcast project. Rendell's longtime top aide, David L. Cohen is Comcast's executive vice president.
First approved in 1990 under then President George H.W. Bush, the investor visa program allows foreign investors who put at least $500,000 in a United States business to get green cards, which gives them U.S. residency rights.
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