Developer gets 15 months for illegal gifts to Rep. Swalwell

An East Bay real estate developer was sentenced to 15 months in federal prison and fined $380,000 Friday for funneling illegal contributions through straw donors to the congressional campaigns of Rep. Eric Swalwell.

James Tong, 74, of Fremont was convicted by a federal jury in October of two felony charges of illegally arranging contributions totaling $38,000 to Swalwell’s election campaign in 2012 and his reelection in 2014.

Federal law allowed individuals to contribute up to $2,500 to a congressional candidate in 2012 and up to $2,600 in 2014. Prosecutors said Tong pressured dozens of people to make contributions to Swalwell and used gobetweens to repay them.

Tong, a wealthy land developer, denied any role in the contributions. Swalwell, DDublin, testified that Tong had never asked him for any favors. After the verdict, the congressman said he had first learned of the illicit contributions when the FBI contacted him in 2017, and would donate the funds to a local charity.

Tong had pleaded no contest in 2017 to violating environmental laws by polluting a pond that provided habitat to the threatened California salamander. He was ordered to pay $1 million to conservation funds and set aside 107 acres of land to protect endangered species.

Prosecutors asked for a fouryear prison sentence. Defense lawyer Steven Gruel said in court papers that Tong was in declining health, had survived two bouts with cancer and should be sentenced to no more than six months.

U.S. District Judge Jon Tigar of Oakland imposed the 15month sentence that the court’s probation department had recommended.