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OpinionAugust 2, 1994

Peter Kinder's recent column titled "Who investigates state officials?" stated that Missouri's attorney general "has, quite literally, no jurisdiction whatever" in investigating alleged wrongdoing by state officials. Peter, my good friend, you're just plain wrong...

Jay Nixon

Peter Kinder's recent column titled "Who investigates state officials?" stated that Missouri's attorney general "has, quite literally, no jurisdiction whatever" in investigating alleged wrongdoing by state officials.

Peter, my good friend, you're just plain wrong.

According to Peter's article, the Missouri Attorney General's Office "is not an investigative agency." In the short amount of space provided here, I cannot begin to list all of the investigations successfully completed this year by the 17 investigators assigned to my office. General areas of jurisdiction include criminal and civil investigations of consumer fraud, Medicaid fraud, environmental pollution and violent crimes, including murder. Instead, I will limit my comments to Peter's main assertion that my office has no authority to investigate Secretary of State Judi Moriarty and Speaker of the House Bob Griffin.

I was shocked to learn that former outsider Peter Kinder, after only two years inside the Capitol, would chafe at the prospect of an investigation of fellow politicians. Nevertheless, I feel compelled to set the record straight.

In regard to Speaker Griffin, gaming laws passed last year by the Missouri General Assembly (and voted on by Sen. Kinder) gave my office "jurisdiction to commence actions for violations of (the Missouri gaming laws) where such violations have occurred." Therefore, my office has both civil and criminal authority to investigate and prosecute violations of the state gaming laws.

Peter, I know it's been a while since you practiced law, and I don't expect you to conduct extensive legal research prior to presenting information to the public in your column. However, I am surprised you are not more familiar with laws on which you voted.

The citizens of southeast Missouri recognize the potential for graft and corruption is increased when gambling interests move into a community. I believe the public needs to know if the Speaker has engaged in any illegal activities. However, it would be improper for me to determine whether Speaker Griffin violated the gaming laws without performing a thorough investigation into the allegations.

Perhaps, Peter, you would prefer that the allegations raised about the Speaker not be investigated? I must respectfully disagree and refuse to look the other way.

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Our investigation of Secretary of State Moriarty began when we were requested to provide a legal opinion about whether she acted within the law when she accepted her son's filing for state representative. In order to provide that opinion, we looked into the facts surrounding the incident. We determined Tim Moriarty was improperly filed for office and should not be on the ballot. A quick resolution of this matter saved the state the trouble and expense of an invalid election.

The information we collected during this process then was offered to the local prosecutor, who has specific authority to investigate and prosecute certain crimes. Subsequently, Ms. Moriarty was charged with a misdemeanor election offense.

Perhaps, Peter, you would prefer that allegations of improperly registered candidates not be investigated. I must respectfully disagree and refuse to look the other way.

Our office also has authority to recover money owed to the taxpayers of the state. When our investigation of the Secretary of State's Office revealed mismanagement of state funds, we sought and received an $1,800 reimbursement from Ms. Moriarty. We continue to investigate her office so we may determine whether the state is owed any additional funds. And last year, after we investigated accusations against former attorney general Bill Webster for improperly using state resources, we sought and received $100,000 in restitution from him.

Perhaps, Peter, you would have preferred no investigations had been conducted and no refunds had been made to the taxpayers, including those in your district. I must respectfully disagree and refuse to look the other way.

In the past, the Office of the Attorney General made the citizens of this state victims of a system that looked the other way. The former attorney general is now in prison, and the damage to the reputation of what was once one of the state's most prestigious public offices has been considerable.

I was elected to Office of Attorney General on a platform of reform, and I take that mandate very seriously. I refuse to look the other way in any matter in which I have the authority to prosecute crimes or recover money for taxpayers.

Jay Nixon is attorney general of Missouri.

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