"},"parts":[{"template":{"target":{"wt":"efn","href":"./Template:Efn"},"params":{"name":{"wt":"\"American-Decency\""},"1":{"wt":"Burkman's American Decency group is a separate entity from the [[American Decency Association]]."}},"i":0}}]}"> [a] a conservative organization that claims to have 3.62 million members, though this claim is unverified. [19] [61] The organization drew media attention in 2014 when Burkman announced plans to protest the Dallas Cowboys' signing of Michael Sam, the first publicly gay player to be drafted in the NFL. [19] [62] [63] Burkman called for legislation that would prohibit homosexuals from playing in the NFL, though this proposed legislation was never formally introduced in the House of Representatives and never received a vote. [64]
Burkman started investigating the murder of Seth Rich in September 2016 after the Rich family accepted his pro bono public relations services. [65] The Rich family and Burkman held a joint press conference about the murder in November 2016. [65] [66]
In January 2017, Burkman launched an advertising campaign in Northwest D.C. searching for information regarding Rich's death. This included billboard advertisements and canvassing with flyers. [67] [68] In late February, Burkman started spreading conspiracy theories by telling media outlets that he had a lead that the Russian government was involved in Rich's death, [14] and the Rich family distanced itself from Burkman. [69] In March 2017, Burkman started "The Profiling Project", an independent investigative attempt to solve the murder of Seth Rich with help from forensics students at George Washington University. [70] [71] He hired Kevin Doherty, a former U.S. Marine and special agent, to help with the project, although tensions developed when Burkman felt Doherty was speaking to reporters when he shouldn't have been and trying to take control of the project. In July 2017, Burkman fired Doherty and sent him a cease and desist letter. In March 2018, Doherty lured Burkman to a parking garage by claiming to have evidence of FBI misconduct. [13]
When Burkman arrived, Doherty shot him in the buttocks and thigh and hit him with an SUV, breaking Burkman's arm. Doherty was sentenced to nine years in prison. [13]
In late February 2020, Burkman and Wohl alleged that the jury that convicted Roger Stone, on seven felonies related to the Robert Mueller's Special Counsel investigation, was biased against him. In a press conference held on February 27, 2020, Burkman and Wohl distributed copies of confidential juror questionnaires, and they later published some of the questionnaires on Twitter. In September 2020, The Daily Beast reported that the FBI was investigating Burkman and Wohl for potentially attempting to influence the jurors or tamper with witnesses. The FBI is also investigating how the two obtained the questionnaires. [72]
In August 2020, Burkman and Wohl made tens of thousands of robocalls [1] to residents of battleground states, including Michigan, Ohio, and Pennsylvania, and others, including New York and Illinois. [73] The robocall campaign appeared to originate from Burkman's personal cell phone number, and the caller identified themself as part of Burkman and Wohl's organization, Project 1599. [73] The messages disseminated the false claims that information provided by those who use mail-in ballots will be used by police to find criminals, by credit card companies for debt collection purposes, and by the CDC to "track people for mandatory vaccines". [74] Several lawsuits against Burkman and Wohl have alleged that the robocalls were an attempt to suppress votes in the 2020 presidential election, and the Attorneys General of Michigan and New York have alleged that the two men intentionally targeted Black communities with the calls. [74]
On October 24, 2022, Wohl pleaded guilty to a single felony count of telecommunications fraud for having placed thousands of false robocalls in the state of Ohio. [75] On November 29, both Wohl and Berkman were each fined $2,500, sentenced to two years of probation, and ordered to perform 500 hours of community service registering voters in Washington, D.C. [9]
On June 6, 2023, the Federal Communications Commission (FCC) imposed a $5,134,500 fine against Burkman and Wohl for the robocalls. [12] At the time it was proposed in August 2021, this was the largest fine ever sought by the commission under the Telephone Consumer Protection Act. [12] [76] [77]
Michigan
On October 1, 2020, Michigan Attorney General Dana Nessel filed four felony charges each against Burkman and Wohl, including conspiring to intimidate voters in violation of election law. Nessel's investigation into the robocalls found that Burkman and Wohl had attempted to suppress people of color from voting in the 2020 presidential election via a robocall campaign that made 85,000 calls across the country, including 12,000 in Detroit. [78] In a press release, Michigan Secretary of State Jocelyn Benson and Attorney General Nessel condemned the robocall campaign as "racist" and as "an unconscionable, indefensible, blatant attempt to lie to citizens about their right to vote". [79]
Wohl told the Associated Press that same month that he and Burkman believed "leftist pranksters" had spoofed Burkman's phone number to make the phone calls, and Wohl threatened to sue Benson for defamation; [78] Burkman and Wohl later admitted in court that they were responsible for the calls, but argued that the call was not intended to suppress voting and was rather an exercise of their rights to free speech. [80]
Burkman and Wohl turned themselves in to Detroit police on October 8, 2020, and both pleaded not guilty at a later court appearance. [78] [81] On February 23, 2021, a Michigan circuit court judge denied Burkman and Wohl's motion to dismiss the charges. [82] Burkman and Wohl appealed the decision on March 16, but the appeal was denied by the Michigan Court of Appeals on May 7. [83] On November 2, 2022, the Michigan Supreme Court agreed to hear an appeal, saying they intended to examine the constitutionality of a state law Burkman and Wohl have been charged with violating. [11]
New York
The National Coalition on Black Civic Participation filed a federal civil suit against Burkman and Wohl in New York on October 16, 2020, alleging that the two men violated the Voting Rights Act and the Ku Klux Klan Act of 1871 by making the robocalls. [84] On October 28, New York District Court Judge Victor Marrero ordered the men call back the targets of the robocall to tell them the information in their message was false and that the campaign was illegal. The judge also prohibited them from engaging in more robocalls or text message campaigns to attempt to disenfranchise voters. [85] Burkman and Wohl tried multiple times to pause the civil suit while there were active criminal proceedings against them, but Judge Marrero denied the request on February 22, 2021. [86] On May 19, 2021, the judge granted New York Attorney General Letitia James's motion to intervene in the lawsuit. [87] On March 8, 2023, Judge Marrero found that Burkman and Wohl had violated several federal and state civil rights laws, including the Voting Rights Act, the Civil Rights Act of 1957, and the Ku Klux Klan Act. In his opinion, he wrote that "the neighborhoods that Defendants targeted were not accidental or random," and that a reasonable jury would determine they had intended to "deny the right to vote specifically to Black voters." [10] On April 9, 2024, Letitia James announced that Wohl and Burkman have agreed to pay $1,000,000 to settle the case. [88]
As a part of the litigation against Burkman and Wohl, in August 2022, the New York Attorney General announced a settlement with Message Communications, Inc., the robocall company that the pair had used, in which the company will pay $50,000 restitution. [89]
Ohio
In October 2020, prosecutors in Cuyahoga County, Ohio, indicted Burkman and Wohl on eight counts of telecommunications fraud and seven counts of bribery. [b] [91] On October 24, 2022, Burkman and Wohl each pleaded guilty to one felony charge of telecommunications fraud. As a part of the plea deal, the 14 other counts of telecommunications fraud and bribery were dropped. [92] On November 29, both Wohl and Berkman were each fined $2,500, sentenced to two years of probation, and ordered to perform 500 hours of community service registering voters in Washington, D.C. [9] After the guilty plea, the District of Columbia Bar submitted a recommendation to the D.C. Court of Appeals that Burkman be disbarred. Burkman consented to the disbarment. [93]
The Washington Post reported that agents from the Federal Bureau of Investigation (FBI) had executed a raid on Burkman's home on the morning of September 14, 2020. Wohl claimed that the agents had taken "all of Jack's files, computers and phones" from the home, which is also the headquarters of Burkman and Wohl's organization, Project 1599. By the afternoon of the same day, The Washington Post had updated their story to reflect that the raid had been staged. The Daily Beast discovered that Burkman and Wohl had again recruited actors on Craigslist to stage the raid, under the guise of filming a television show. The Daily Beast also reported that the Twitter account which published the photos of the raid was likely operated by Wohl. [4] [94]