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Herbert Warren Kalmbach (October 19, 1921 – September 15, 2017) was an American attorney and banker. He served as the personal attorney to United States President Richard Nixon (1968–1973). He became embroiled in the Watergate scandal due to his fundraising activities in the early 1970s, some of which supported undercover operatives directed by senior White House figures under Nixon. Kalmbach was convicted and served 191 days in jail for his part in the scandal, and lost his license to practice law for a time, although he was later reinstated.


Education, early career

Kalmbach was born on October 19, 1921 in Port Huron, Michigan. He earned both his undergraduate and law degrees at the University of Southern California, and was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in 1952. He was a
real estate law Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
yer and founding partner of Kalmbach, DeMarco, Knapp & Chillingworth. "Herbert Warren Kalmbach." Almanac of Famous People, 9th ed. Thomson Gale, 2007. Reproduced in Biography Resource Center. Farmington Hills, Michigan:
Gale A gale is a strong wind; the word is typically used as a descriptor in nautical contexts. The U.S. National Weather Service defines a gale as sustained surface winds moving at a speed of between 34 and 47 knots (, or ).Fairfax County Public Library, accessed 2009-04-24.


Meets Nixon, political fundraiser

Kalmbach was introduced to Richard Nixon, then vice-president, by
H. R. Haldeman Harry Robbins Haldeman (October 27, 1926 – November 12, 1993) was an American political aide and businessman, best known for his service as White House Chief of Staff to President Richard Nixon and his consequent involvement in the Watergate s ...
in the 1950s. He raised money for Richard Nixon's candidacy in the 1960 United States presidential election and again in the 1968 United States presidential election.


Banker, becomes Nixon's attorney

Kalmbach declined Nixon's offer to appoint him Under Secretary of Commerce, choosing instead to remain in California and build up his law practice. He instead became the president's private lawyer. His law firm prospered during this period; it employed two lawyers in 1968, 14 in 1970, and 24 by 1973. The presidential connection drew United Airlines, Dart Industries,
Marriott Corporation Marriott Corporation was a hospitality company that operated from 1927 until 1993, founded by J. Willard Marriott and Frank J. Kimball as Hot Shoppes, Inc. In 1957, Marriott Corporation opened its first hotel in Arlington County, Virginia, ...
, and
MCA Inc. MCA Inc. (originally an initialism for Music Corporation of America) was an American media conglomerate founded in 1924. Originally a talent agency with artists in the music business as clients, the company became a major force in the film ind ...
as clients. During this period Kalmbach founded the Bank of Newport, in Newport Beach, California. The firm performed routine legal chores for the President. It was a shrewd choice. Kalmbach's solid but unspectacular career as a real estate lawyer was quickly touched with gold. Suddenly major clients from all over the nation were eager to sign up with the attorney who represented the President: United Air Lines, Dart Industries Inc., the Marriott Corp., MCA Inc. (the dominant producer of prime-time TV shows). National companies traditionally seek out lawyers who have friends and clients in high places in Washington, and Kalmbach's were very high indeed.


Arranges private polling

Kalmbach was involved in a secret Nixon
polling Poll, polled, or polling may refer to: Figurative head counts * Poll, a formal election ** Election verification exit poll, a survey taken to verify election counts ** Polling, voting to make decisions or determine opinions ** Polling places o ...
operation hidden from all but his closest senior advisors. Nixon used the poll results to shape policy and campaign strategy and manipulate popular opinion. On December 21, 1971, Kalmbach set up a Delaware
shell corporation A shell corporation is a company or corporation that exists only on paper and has no office and no employees, but may have a bank account or may hold passive investments or be the registered owner of assets, such as intellectual property, or s ...
with private funding, to hide Administration sponsorship of polls.Mike Mokrzycki. "Nixon Aides Ran A Covert Polling Operation," ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'' ( AP), August 13, 1995; summarizin
The Rise of Presidential Polling: The Nixon White House in Historical Perspective, Lawrence R. Jacobs and Robert Y. Shapiro, The Public Opinion Quarterly, Vol. 59, No. 2 (Summer, 1995), pp. 163-195 (article consists of 33 pages), Published by: Oxford University Press on behalf of the American Association for Public Opinion Research, Stable URL: https://www.jstor.org/stable/2749700
/ref>


Joins 1972 re-election campaign

Kalmbach was also the Deputy Finance Chairman for the Committee to Re-elect the President. In this capacity he was eventually implicated in a fund-raising scandal involving re-election campaign contributions by Associated Milk Producers, Inc. (AMPI) and two other major dairy-farm cooperatives in connection with Nixon's support of an increase in price supports for milk in 1971.New York Times News Service. "Nixon's lawyer listed as solicitor," ''
The Dallas Morning News ''The Dallas Morning News'' is a daily newspaper serving the Dallas–Fort Worth area of Texas, with an average print circulation of 65,369. It was founded on October 1, 1885 by Alfred Horatio Belo as a satellite publication of the '' Galvest ...
'', January 11, 1973, page 5A.
Testimony by AMPI general manager George L. Mehrens in 1973 identified Kalmbach as a major solicitor of these contributions. Articles on
Charles Colson Charles Wendell Colson (October 16, 1931 – April 21, 2012), generally referred to as Chuck Colson, was an American attorney and political advisor who served as Special Counsel to President Richard Nixon from 1969 to 1970. Once known as P ...
's involvement in the AMPI scandal indicated that $2 million in contributions had been expected, but that the actual donations were nearer to $400,000, of which some $197,500 had been given by AMPI.


Manages finances for undercover operations

Kalmbach handled a secret $500,000 fund to finance the sabotage and espionage operations of Donald Segretti.United Press International. "A Watergate chronology," ''The Dallas Morning News'', April 29, 1973, page 44A.


Convicted, imprisoned

Kalmbach was associate finance chairman of the 1968 Nixon for President campaign and was an unofficial fund-raiser for the Committee for the Re-election of the President, controlling several secret funds. Kalmbach served six months in jail and was fined $10,000 for operating an illegal campaign committee and for offering an ambassadorship in return for political support. He also handled a secret $500,000 fund to finance sabotage and espionage operations in the salary of Donald H. Segretti, a lawyer, whose job it was to discredit the Democrats. including $30,000 to $40,000 in 1972 alone for spying on Democrats. United Press International. "Payment reported," ''The Dallas Morning News'', March 8, 1973, page 2A. Segretti was paid from re-election funds gathered before the April 7, 1972, cutoff point after which a new law required full disclosure of contributors;United Press International. "Chapin, Segretti face grand jury," ''The Dallas Morning News'', April 12, 1973, page 10A. Kalmbach told investigators in early 1973 that he had destroyed the contribution records prior to the April 7 date, violating the
Federal Corrupt Practices Act The Federal Corrupt Practices Act, also known as the Publicity Act, was a federal law of the United States that was enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections ...
, which required the records be maintained for two years and which expired only as of the new law's going into effect. Seymour M. Hersh, New York Times News Service. "Donor list reported destroyed," ''The Dallas Morning News'', May 4, 1973, page 1A. Kalmbach claimed in a later FBI interview that he had not known who was supervising Segretti nor what activities he was being paid to perform.New York Times Press Service. "Watergate jogs memory: Democrats recall strange election incidents," ''The Dallas Morning News'', May 13, 1973, page 14A. Kalmbach also raised $220,000 in "hush money" to pay off the Watergate burglars. He claimed that he was told the money was for lawyer's fees; a claim he accepted because he felt the burglars wrongly believed that they were acting on authority. Larry Eichel. "The 'duality' that made the man: Richard Milhous Nixon, 1913-1994," ''
Philadelphia Inquirer ''The Philadelphia Inquirer'' is a daily newspaper headquartered in Philadelphia, Pennsylvania. The newspaper's circulation is the largest in both the U.S. state of Pennsylvania and the Delaware Valley metropolitan region of Southeastern Penns ...
,'' April 24, 1994.
"Watergate figures! Where are they? What do they say?",
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. ne ...
, June 14, 1982.
But it was his raising of $3.9 million for a secret Republican congressional campaign committee James R. Polk. "Top money manager: unpublicized fund-raiser may hold key for Nixon," originally in '' Washington Star'', reprinted in ''The Dallas Morning News'', February 3, 1972, page 2A. and promising an ambassador a better post in exchange for $100,000 that led to his conviction and imprisonment for 191 days and a $10,000 fine.Miller and Morris, "Donations flood a loophole," ''Los Angeles Times'', October 11, 1992. Kalmbach pleaded guilty on February 25, 1974 on one count of violation of the Federal Corrupt Practices Act and on one count of promising federal employment as a reward for political activity and support of a candidate. He was sentenced to serve 6 to 18 months in prison for the first count and 6 months in prison on the second count. He executed both sentences concurrently and was released from prison on January 5, 1975.Stanley Kutler (ed.), ''Watergate: the fall of Richard Nixon'', (Oxford: Blackwell Publishing, 2010), pp. 215-216 Kalmbach lost his license to practice law, although he was reinstated in 1977."The lives they lead now," '' Washington Post,'' June 13, 1982.


Later life

Although he retired in the late 1980s, he remained of counsel to Baker Hostetler. He died on September 15, 2017 in Newport Beach, California.


Notes


Further reading

* Biography Index. A cumulative index to biographical material in books and magazines. Volume 10: September, 1973-August, 1976. New York: H. W. Wilson Co., 1977. * Biography Index. A cumulative index to biographical material in books and magazines. Volume 12: September, 1979-August, 1982. New York: H. W. Wilson Co., 1983. *
Who's Who in America Marquis Who's Who ( or ) is an American publisher of a number of directories containing short biographies. The books usually are entitled ''Who's Who in...'' followed by some subject, such as ''Who's Who in America'', ''Who's Who of American Wome ...
. 38th edition, 1974-1975. Wilmette: Marquis Who's Who, 1974. * Who's Who in America. 39th edition, 1976-1977. Wilmette: Marquis Who's Who, 1976. * Who's Who in the West. 14th edition, 1974-1975. Wilmette: Marquis Who's Who, 1974. * Select Committee on Presidential Campaign Activities (AKA Senate Watergate Hearings), 1973. Testimony given to the committee and cross-examination by senators and counsel. Can be found on YouTube. {{DEFAULTSORT:Kalmbach, Herbert W. 1921 births 2017 deaths American male criminals California lawyers California Republicans Lawyers disbarred in the Watergate scandal Members of the Committee for the Re-Election of the President People associated with BakerHostetler People convicted in the Watergate scandal People from Port Huron, Michigan USC Gould School of Law alumni University of Southern California alumni