San Francisco Chronicle

Developer illegally donated to Swalwell campaigns

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

An East Bay real estate developer was convicted Tuesday of funneling illegal contributi­ons through straw donors to the congressio­nal campaigns of Rep. Eric Swalwell.

After a 10day trial, a federal court jury in Oakland found James Tong guilty of two counts of illegally arranging the contributi­ons to Swalwell’s election campaign in 2012 and his 2014 reelection.

The funds totaled $38,000. Prosecutor­s said Tong, 74, of Fremont, pressured dozens of people to make individual contributi­ons to Swalwell and used gobetweens to reimburse the money, exceeding the limits set by federal law of $2,500 for individual contributi­ons to a congressio­nal candidate in 2012 and $2,600 in 2014.

Swalwell, DDublin, said he first learned of the illicit contributi­ons in 2017 when the FBI contacted him. He said his campaign was donating the sums to a local charity.

Tong, a prominent local developer, pleaded no contest in 2016 to violating environmen­tal laws. He admitted that he and his company, Wildlife Management, had polluted a pond that provided habitat to the threatened California salamander and forged a document to hide the actions. He was ordered to pay $1 million to conservati­on funds and set aside 107 acres of land to protect endangered species.

Tong denied funneling the contributi­ons to Swalwell. The congressma­n testified at his trial and said Tong had never asked him for any favors or tried to influence him, said Tong’s lawyer, Steven Gruel.

“Justice was served today for a campaign supporter of mine who violated the law,” Swalwell said Tuesday. “From the moment I was notified that my campaign was a victim of fraud, I assisted the FBI to obtain the records they needed to conduct their investigat­ion. All the donations to my campaign in this case were subsequent­ly donated to local charities.”

Tong sought to dismiss the charges before trial. His lawyers argued in court filings that prosecutor­s had promised not to use his admissions in the environmen­tal case to open future cases against him, but used some of that informatio­n to launch their investigat­ion of his campaign contributi­ons.

U.S. District Judge Jon Tigar refused to dismiss the case. Gruel said he plans to revive the claim of a broken promise by prosecutor­s in Tong’s appeal.

Sentencing is scheduled for Dec. 13. San Francisco Chronicle Washington correspond­ent Tal Kopan contribute­d

to this report.

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