U.S. v. DeMuro Indictment
U.S. v. DeMuro Indictment
U.S. v. DeMuro Indictment
DATE FILED:
INFORNIATION
COUNT ONE
39s Ward, 366 Division. Defendant DEMURO also served as a Committee Person for the
Democratic Party and the Democratic Chairman of Ward 3 9a in the City of Philadelphia.
2. The Judge ofElections is an elective ofEce and a paid position in which the
election official eams approximately $120.00 per election. The Judge of Elections is
responsible for overseeing the entire election process and voter activities ofhis Division. Each
Judge of Elections is charged with overseeing the Division's polling place in accordance with
federal and state election laws. The Judge of Elections is required to attend Election Board
3. The Judge of Elections is assisted by other Election Board Officials in his or her
Division, including the Majority Inspector, Minority Inspector, Clerk, and Machine Inspector.
The Majority [nspector and Minority Inspector are elective offrces. The Clerk is appointed by
the Minority Inspector, and the Machine Inspector is appointed by Philadelphia's City
Commissioners. The Majority lnspector, Minority Inspector, and Clerk assist the Judge of
Elections in overseeing the election process at a particular polling place, and they receive
assignments from the Judge ofElections to enforce voting regulations and procedures. The
Machine Inspector sets up the Voting Machines, resets the machines after each voter, and
4. Each potling station, including the 39ft Ward, 36ft Division, maintains a List of
Voters and Party Enrollment which documents the name, party affrliation, and order of
appearance of each voter who appears at the polling station to cast his or her ballot in the
election. The Lists of Voters and Party Enrollment are maintained as oflicial records by the
5. The Voting Machines at each polling station, including the 39ft Ward, 36fi
Division, generate records in the form ofa printed receipt ("results receipt') documenting the use
of each Voting Machine which contain: a.) the Opening Zero Cout; b.) the Election board
Officials' Opening Certification signatues, c.) any Write-in Votes, and d.) Vote Totals. The
Judge ofElections and the Election Board Officials at each polling place attest to the accuracy of
machine results by affixing their signatures to the last page ofthe results receipt.
6. The results receipt fiom each Voting Machine documenting the ballots cast in an
election is placed in a vinyl Cartridge-Results Bag for pickup by a Philadelphia Police Offrcer
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after the close ofthe polls. At the end ofElection Day, the Carhidge-Results Bag contains: a.)
the paper results receipt; b.) the memory cartridge from each Voting Machine; and, c.) Absentee
Voter Lists. These offrcial election records are tmnsported by a Philadelphia Police Officer to a
regional center where the voting data is downloaded and tabulated. After the election, the
records transported in the Cartridge-Results Bag are stored and maintained at the office of the
Philadelphia City Commissioners at Riverview Place, Delaware Avenue and Spring Garden
Streets in Philadelphia.
political consultant, Consultant # t held himself out as an effective and successful political
operative capable of ensuring his clients' electoral success. Consultant # I exercised influence
and control in Philadelphia s 39th Ward by distributing cash payments and supporting family,
friends, and allies for elective office in the 39th Ward, and installing Ward Leaders, Judges of
8. Judicial Candidates #1, #2, and #3 were candidates running for Judge ofthe Court
of Common Pleas in the First Judicial District of Pennsylvania. Judicial Candidates #I, #2, and
#3 hired Consultant # I to help them get elected to the Court of Common Pleas.
office whose campaigns actually hired Consultant # 1, and other candidates for various federal,
state, and local elective offices preferred by Consultant # I for a variety of reasons. During the
add votes on behalf of Judicial Candidates #1, #2, urd#3, among others.
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10. From at least in or around April 2014 through at least in or around June 2016, in
DOMENICK J. DEMURO
conspired and agreed with Consultant # 1, and others known and unknown to the United States
Attomey, to willfulty injure, impede, impair and oppress certain legally qualified electors of the
United States, being all voters of the 39s Ward, 36th Division, in the City of Philadelphi4 in the
free exercise and enjoyment oftheir right and privilege, secured under the Constitution and laws
of the United States, of exercising their right to vote undiluted by false and fraudulent ballots and
MANNERANDMEANS
11. Consultant # I would solicit monetary payments from his clients, candidates for
elective office, in the form of cash or checks as "consulting fees." Consultant # 1 would then
take portions of these funds from his clients and make payments to Election Board Officials,
including defendant DOMENICK J. DEMURO, in retum for defendant DEMURO and other
12. After receiving payments ranging from between $300 to $5,000 per election from
Consultant # 1, defendant DOMENICK J. DEMURO would add fraudulent votes - also known
as "ringing up" votes - lbr Consultant # 1's clients and preferred candidates in the 39th Ward,
36th Division, thereby diluting and distorting the ballots cast by actual voters.
via cellular telephones capable of interstate transmissions regarding which candidates defendant
DEMURO should "ring up" or add fraudulent votes to their totals during Election Day in the
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14. After the polls closed on Election Day, defendant DOMENICK J. DEMURO was
required to certifu the Voting Machine results from the 39th Ward, 36th Division, by attesting to
the accuracy ofthe paper results receipt placed in the Cartridge-Results Bag with the memory
cartridge from each Voting Machine for delivery to the City Commissioners.
OVERT ACTS
Consultant # 1 and others, committed the following overt acts, among others, in the Eastem
District of Pennsylvania:
known and unknown to the United States Attomey, aAded 27 fraudulent ballots during the
primary election in the 3fth Ward, 36th Division on behalf of Consultant # I's client candidates
running for Judge ofthe Court ofCommon Pleas in the First Judicial District of Pennsylvania.
known to the United States Attomey, certified the results receipt documenting 118 ballots cast
during the primary election in the 39th Ward, 36th Division, even though only 91 voters
DEMURO and others known to the United States Attomey tumed in to the office of the
Philadelphia City Commissioners the results receipts from voting Machine # 021873 and
Machine # 021874 documenting 1 l8 ballots cast during the primary election in the 39th Ward,
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36th Division, even though only 9l voters physically appeared at the polling station to cast
ballots.
approximately $1000 in cash in exchange for defendant DEMURO adding fraudulent votes
during the primary election in the 39th Ward, 36th Division on behalf of Judicial Candidate # I
running for Judge of the Court of Common Pleas in the First Judicial District of Pennsylvania.
approximately $500 in exchange for defendant DEMURO adding fraudulenl votes during the
primary election in the 39th Ward, 36th Division on behalf of Judicial Candidate # 2 running for
Judge of the Court of Common Pleas in the First Judicial District of Perursylvania.
approximately $1000 in exchange for DEMURO adding fraudulent votes during the primary
election in the 39th Ward, 36th Division on behalf of Judicial Candidate # 3 running for Judge of
known and unknown to the United States Attorney, added 40 fraudulent ballots during the
primary election in the 3fth Ward, 36th Division on behalf of Consultant # I's client candidates
running for Judge ofthe Court of Common Pleas in the First Judicial District of Pennsylvania
and Consultant # 1's preferred candidates for other state and local offices.
DEMURO immediately prior to the opening of the polls on primary Election Day to discuss their
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DEMURO shortly after the polls closed on primary Election Day to confrm that votes had been
10. On or about May 19,2015, after the polls closed, defendant DOMENICK
DEMLIRO, and others known to the United States Attomey, tumed in to the office of the
Philadelphia City Commissioners the results receipts from voting Machine # 021873 and
Machine # 021 874 documenting 259 ballots cast during the primary election in the 39th Ward,
36th Division, even though only 219 voters physically appeared at the polling station to cast
ballots.
known and unknown to the United States Attomey added 46 fraudulent ballots during the
primary election in the 39th Ward, 36th Division on behalf of Consultant # 1's preferred
DEMURO, and others known to the United States Attomey, tumed in to the office of the
Philadelphia City Commissioners the results receipts from voting Machine # 021873 afi
Machine # 021874 documenting266 ballots cast during the primary election in the 39th Ward,
36th Division, even though only 220 voters physically appeared at the polling station to cast
ballots.
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COUNT TWO
$4701, provide that bribery is a violation of the laws ofthe Commonwealth ofPennsylvania.
elsewhere, defendant
DOMNECKJ. DEMURO,
aided and abetted by Consultant # 1 and otlers, known and unknown to the United States
Attomey, used a facility in interstate and foreign commerce. namely a cellular telephone. with
the intent to promote, manage, establish, carry on, and facilitate the promotion, management,
establishment, and carrying on, ofan unla*fi.r1 activit),, that is, bribery in violation of l8
PaC.S.A. $4701, and thereafter committed and attempted to commit an act of bribery by
fraudulently adding votes in exchange for money to further such unlawful activity.
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[tM -t wcA
$r M. McSWAIN
STATES ATTORNEY
t, CHIEF.
R.
C INTEGRITY
SECTION, CRIMINAL DIVISION
U.S. DEPARTMENT OF JUSTICE
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Criminal Division
DOMENICK.I. DEMURO
INFOII.MATION
Counts
l8 USC Section 241 (Conspiracy to Deprive PersonsofCivil Rights- I count)
l8 USC Sections 1952 and 2 (Travel Act -l count)
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