unindicted coconspirators

Read the Kelsey indictment here

Brian Kelsey, center with folder in hand, awaits Gov. Bill Lee’s arrival for his second State of the State address in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

The indictment of Sen. Brian Kelsey (R-Germantown) has led to widespread speculation about the identities of people and organizations mentioned in the charges.

Some are are easier to pinpoint than others. For example, Unindicted Coconspirator No. 2 is described as a “member of the Tennessee House of Representatives from in or around January 2013 to in or around September 2016, when he was expelled.” That description only fits former Rep. Jeremy Durham (R-Franklin).

Political Organization No. 1 is listed as “a nonprofit corporation that hosted an annual political conference, published ratings on Members of Congress and State politicians, and issued political endorsements.” Presumably this refers to the American Conservative Union, which spent money in Kelsey’s congressional bid in 2016.

Individual No. 1 is named as the nonprofit’s director of government affairs who is now married to Kelsey. That description matches Amanda Bunning.

Coconspirator No. 1 is listed as “a Tennessee businessman and prominent political fundraiser and contributor,” who controlled a political action committee that received $30,000 from Smith’s PAC in July 2016. The Tennessean reported in 2017 the Standard Club PAC had given that amount to Citizens for Ethics in Government, the federal committee controlled by Andy Miller Jr.

Here is the full text of the indictment of state Sen. Brian Kelsey (R-Germantown):

I N D I C T M E N T

THE GRAND JURY CHARGES:

COUNT ONE

18 U.SC. § 371

(CONSPIRACY)

At all times material to this indictment unless otherwise indicated:

I.       Relevant Individuals and Entities

1.      BRIAN KELSEY was a practicing attorney and member of the Tennessee Senate, representing District 31, which includes parts of Shelby County, Tennessee. In 2016, KELSEY unsuccessfully ran for an open seat to represent Tennessee’s 8th Congressional District in the U.S. House of Representatives.

2.      Federal Committee 1 was KELSEY’S authorized federal campaign committee.

3.      State Committee 1 was KELSEY’S Tennessee State Senate campaign committee.

4. JOSHUA SMITH was the owner and operator of Social Club 1, a members-only social club in Nashville, Tennessee popular among politicians and Nashville businessmen. SMITH also controlled PAC 1, a Tennessee-registered political action committee

5.      Unindicted Coconspirator 1 (“UCC 1”) was a Tennessee businessman and prominent political fundraiser and contributor. UCC 1 controlled PAC 2, a federal independent expenditure-only committee.

6.      Unindicted Coconspirator 2 (“UCC 2”) was a practicing attorney and member of the Tennessee House of Representatives from in or around January 2013 to in or around September 2016, when he was expelled by a vote of the House.

7.      Political Organization 1 was a nonprofit corporation that hosted an annual political conference, published ratings on Members of Congress and State politicians, and issued political endorsements. Political Organization 1 registered with the Federal Election Commission (“FEC”) as a person or organization making independent expenditures.

8.      Individual 1 was the Director of Government Affairs for Political Organization 1 and a member of Political Organization 1’s senior management team from in or around late 2015 until in or around March 2017. In that role, Individual 1 managed Political Organization 1’s political expenditures during the 2015-16 federal election cycle. Individual 1 and KELSEY became engaged in or around July 2017 and married in or around January 2018.

9.      Individual 2 was a member of Political Organization’s senior management team. He oversaw Political Organization 1’s day-to-day operations, including managing its budget and finances. He worked closely with Individual 1 to direct all aspects of Political Organization l’s political activities, including political expenditures.

10.    Individual 3 was a practicing attorney with ties to Political Organization 2, a nonprofit corporation that publicly advocated on legal and judicial issues.

11.    Individual 4 was a longtime financial supporter of KELSEY’S political career.

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