Here's the link to the Cleveland Plain Dealer's story:
http://www.cleveland.com/news/plaindealer/...26036103490.xmlBlackwell's phony seal raises funds, legal issue
Wednesday, January 12, 2005
Stephen Koff
Plain Dealer Bureau Chief
Washington
--At first glance they're similar. Both have an American eagle with a banner in its mouth, and arrows and an olive branch in its talons.
One is the Great Seal of the United States -- and it is illegal to misuse it. The other is a seal on a fund-raising letter and envelope mailed recently by Ken Blackwell, the Ohio secretary of state who wants to be governor.
Blackwell's seal is a fake. But it raises questions about a letter that has already run afoul of the law.
Federal law says that using the official seal -- or its likeness -- for commercial purposes is punishable by up to six months in prison, a $250 fine or both.
But Blackwell's representatives say that while their fake seal is official-enough looking to grab the letter recipient's attention, it's different enough to be legal.
Counters Alex Formuzis, spokesman for U.S. Sen. Frank Lautenberg: "Our staff attorneys looked at this and believe it clearly violates the law." Lautenberg, a New Jersey Democrat, has examined the misuse of federal seals before.
The official seal is framed by solid rings. Blackwell's seal is framed by stars.
Blackwell's seal has one star above the eagle's head. The Great Seal has 13 stars. And in Blackwell's seal, the banner in the eagle's beak has no inscription -- whereas it is inscribed with "E Pluribus Unum," meaning "Out of many, one," in the Great Seal.
Confusing or deceptive?
Blackwell's direct-mail consultant, Patrick Mooney, notes that the fake seal has been used by politicians across the country.
"Twenty-five years ago, all the direct-mail agencies got together and came up with that seal," Mooney said.
But 21 years ago, the Justice Department issued a warning, writing to the Democratic Congressional Campaign Committee to say that the party might be violating "the Great Seal statute." The Democrats stopped -- and two years later, they complained to Attorney General Edwin Meese that Republicans were at it, too.
"Obviously the Great Seal of the United States is protected by law," Fred Alverson, law enforcement coordinator for the U.S. attorney's office in Columbus, said this week. "And if anyone has evidence that it has been used improperly, we would refer it to the proper investigative agency, probably the FBI."
Federal charges in a matter like this would be rare. Blackwell, however, already has had to explain his letter's violation of state law.
In the letter, Blackwell asks for corporate checks for his gubernatorial campaign.
Corporate donations are illegal in Ohio, and Blackwell -- after blaming the printer for inserting the language -- has pledged to return any such donations.
To reach this Plain Dealer reporter:
skoff@plaind.com, 216-999-4212
© 2005 The Plain Dealer. Used with permission.