September 28, 2017
VIA Email
Honorable Mark A. Richardson
Prosecuting Attorney
Cole County
311 E High Street
3rd Floor
Jefferson City, MO 65101
Re:

Request for Investigation of Paul Mouton

Dear Mr. Richardson:
Campaign for Accountability (CfA), a nonprofit watchdog group focused on public
accountability, respectfully requests your office investigate whether Paul Mouton should be
charged with a misdemeanor criminal offense for violating state lobbying laws.
Background
Earlier this week, Paul Mouton, an adviser to prominent Republican donor David
Humphreys, was fined by the Missouri Ethics Commission for illegally lobbying in the state
Capitol. During the 2016 and 2017 legislative sessions, Mr. Mouton was seen in the Capitol
regularly.1 At the same time, Senate President Ron Richard provided a parking space for Mr.
Mouton in the Senate’s private garage.2 Mr. Mouton parked in the garage 19 times in April and
May of 2016 and 13 times in January and February. 3
According to press reports, on a number of days when Mr. Mouton had a parking spot
reserved, the Senate took action on legislation supported by Mr. Humphreys, including the day
the Senate considered SB 5, a bill to limit class action lawsuits. 4 Mr. Humphreys’ company has
been facing a class action lawsuit for selling allegedly defective roof shingles. In April, CfA
filed a complaint with the U.S. Attorney for the Western District of Missouri requesting an
investigation into whether Sen. Richard and Mr. Humphreys violated federal law when Sen.

1

Jason Hancock, Ethics Panel Fines Adviser to Missouri Mega Donor at Center of Pay to Play Allegations, Kansas
City Star, September 27, 2017, available at http://www.kansascity.com/news/politics-government/article
175615371.html.
2
Id.
3
Id.
4
Id.

611 Pennsylvania Ave., S.E. #337  Washington, D.C. 20003  (202) 780-5750
campaignforaccountability.org

 Honorable Mark A. Richardson
September 28, 2017
Page 2
Richard accepted a $100,000 contribution from Mr. Humphreys just days after introducing the
legislation.5
The Missouri Ethics Commission concluded that while Mr. Mouton “was not designated
or engaged as a lobbyist by Mr. Humphreys or any other entity . . . in the course of his
compensated duties [he] met at times with members of the General Assembly and their staff
relating to the passage of and content of certain legislative matters pending in the General
Assembly.”6 It also found that Mr. Mouton “failed to register as a legislative lobbyist” while
representing Mr. during the 2016 and 2017 sessions of the General Assembly, he “failed to file
monthly reports of lobbyist activity,” and he “failed to file four Lists of Principals and
Legislative Action, due March 15, 2016, May 31, 2016, March 15, 2017, and May 30, 2017.” 7
As a result, the Ethics Commission found “probable cause to believe” that Mr. Moulton violated
Mo. Rev. Stat. § 105.473:
when during 2016 and 2017 he did not register as a lobbyist and did not file
regular lobbyist disclosure reports, including the List of Principals and Legislative
Action, with the Missouri Ethics Commission after he attempted to influence
official actions on matters pending before the Missouri General Assembly. 8
Rather than referring the matter for criminal prosecution, however, the Missouri Ethics
Commission settled the matter by requiring Mr. Mouton to file the four reports he’d previously
failed to file, imposing a $2,000 fine, but staying all but $200 so long as Mr. Mouton paid within
45 days and does not violate the lobbying laws again, and requiring him to register as a lobbyist
and file the required reports for any future lobbying. 9
In effect, Mr. Mouton regularly violated Missouri lobbying laws over a two-year period,
lobbying the legislature on the behalf of one of the state’s top Republican donors, who was
seeking legislation from which he stood to reap a significant financial benefit and the Ethics
Commission did nothing more than issue a $200 fine.
Ironically – given that Mr. Mouton violated government transparency laws to hide his
work on behalf of Mr. Humphreys – Mr. Humphreys issued a statement calling Mr. Mouton “an
advocate for open and honest practices, both in government and the private sector.” 10
5

Letter from Campaign for Accountability Executive Director Daniel E. Stevens to Tom Larson, Acting U.S.
Attorney, Western District of Missouri, April 19, 2017, available at http://campaignforaccountability.org/wpcontent/uploads/2017/04/Richard-Complaint.pdf.
6
Missouri Ethics Commission v. Paul Mouton, Case No. 17-0041, Joint Stipulation of Facts, Waiver of Hearing
Before the Missouri Ethics Commission, and Consent Order with Joint Proposed Findings of Fact and Conclusions
of Law, ¶ 6 (September 25, 2017) available at https://mec.mo.gov/Scanned/CasedocsPDF/CMTS1210.pdf.
7
Id. at ¶ 8.
8
Id. at ¶ 16.
9
Missouri Ethics Commission v. Paul Mouton, Case No. 17-0041, Consent Order, ¶¶ 2-5 (September 25, 2017)
available at https://mec.mo.gov/Scanned/CasedocsPDF/CMTS1210.pdf.
10
Ken Newton, Ethics Commission Issues Finding on Consultant, News-Press Now, September 26, 2007, available
at http://www.newspressnow.com/news/local_news/ethics-commission-issues-finding-onconsultant/article_b425cf71-bd1d-5a45-9b6a-f9e0506988e8.html.

 Honorable Mark A. Richardson
September 28, 2017
Page 3

Violation
As you know, violations of Missouri’s lobbying law may be prosecuted criminally.
Pursuant to Mo. Rev. Stat. §105.478, any person who knowingly violates Mo. Rev. Stat.
§105.473 is guilty of a class B misdemeanor, and second and subsequent offenses constitute a
class E felony. The misdemeanor conviction carries a term of up to six months in imprisonment
and a fine up to $1,000,11 while the felony conviction carries a term of imprisonment of up to
four years, and a fine of up to $10,000. 12
Here, there is ample evidence that Mr. Mouton knowingly violated Missouri’s lobbying
laws.
Significantly, Mr. Mouton is no political neophyte. According to press reports, in 2016
Mr. Mouton was viewed as such a regular presence that other lobbyists began complaining about
his failure to register. 13 In addition, Sen. Richards – who received $100,000 from Mr.
Humphreys at the time he introduced legislation in apparent exchange for introducing legislation
in his financial benefit – has paid Mr. Mouton $24,000 since 2014 for consulting and research,
including payments made in 2017.14 Previously, Mr. Mouton was hired by the conservative super
PAC American Crossroads to help run the campaign against Missouri Senator Claire
McCaskill.15
As the Missouri Ethics Commission found – which was uncontested by Mr. Mouton –
there was probable cause to believe Mr. Mouton violated Missouri law by failing to register and
failing to file the required lobbying disclosure reports. Further, Mr. Mouton’s long political
experience indicates that his failure to follow Missouri’s lobbying laws was no accident; it
appears highly likely he knowingly failed to register as a lobbyist and file the required reports.
Given the probable cause finding by the Missouri Ethics Commission, it is now
incumbent upon your office to investigate whether Mr. Mouton’s conduct constitutes a criminal
violation of Missouri law.

11

Mo. Rev. Stat. § 558.011(7); § 558.002(3).
Mo. Rev. Stat. § 558.011(5); § 558.002(1).
13
Jason Hancock, Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor,
Kansas City Star, May 26, 2017, available at http://www.kansascity.com/news/politicsgovernment/article152745344.html.; Who is Paul Mouton?, Missouri Scouts, February 26, 2016, available at
http://moscout.com/wednesday-february-24-2016/ (“Mouton was walking the halls, and one lobbyist grumbled that
he seems to be in the building a lot for someone who isn’t a registered lobbyist.”).
14
Id.
15
David Catanese, Exclusive: Crossroads Strikes McCaskill, Politico, June 21, 2011, available at
http://www.politico.com/blogs/david-catanese/2011/06/exclusive-crossroads-strikes-mccaskill-036911.
12

 Honorable Mark A. Richardson
September 28, 2017
Page 4
Conclusion
Ethical issues have loomed large over Missouri state politics recently. The governor,
who campaigned on cleaning up the capitol, has himself been fined by the Missouri Ethics
Commission for failing to disclose donors, and the relationship between Sen. Richard and Mr.
Humphreys has been the subject of great controversy. Missourians have a right to expect that
those who seek to influence political decisions follow the rules prescribed. In this case, it seems
apparent that Mr. Mouton has not followed the law yet has been permitted to skate by with a fine
so minimal it barely rises to the level of a slap on the wrist. To show Missourians that the rule of
law does, indeed, count in Missouri, CfA respectfully requests that your office investigate Mr.
Mouton’s conduct to see if it merits criminal prosecution.
Thank you for your attention to this matter.
Sincerely,

Daniel Stevens
Executive Director