Kelly extortion case
   HOME

TheInfoList



OR:

James A. Kelly Jr. (May 11, 1926 – August 9, 2013) was an American politician who served as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
in the
Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from 14 counties each divided into single-member ...
from 1959 to 1965 and the Massachusetts Senate from 1965 to 1979. In 1983, he was convicted of extortion.


Early life

Kelly was born on May 11, 1926 in
Worcester, Massachusetts Worcester ( , ) is a city and county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, the city's population was 206,518 at the 2020 United States census, 2020 census, making it the second-List of cities i ...
to James and Florence Kelly. During
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
he served in the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
. He attended Becker Junior College and in 1950 earned a Bachelor of Applied Arts from
Clark University Clark University is a private research university in Worcester, Massachusetts. Founded in 1887 with a large endowment from its namesake Jonas Gilman Clark, a prominent businessman, Clark was one of the first modern research universities in the ...
. While at Clark, Kelly met and married Elisabeth Kelly. He became a
Certified Public Accountant Certified Public Accountant (CPA) is the title of qualified accountants in numerous countries in the English-speaking world. It is generally equivalent to the title of chartered accountant in other English-speaking countries. In the United Sta ...
and established a practice in
Leicester, Massachusetts Leicester ( ) is a town in Worcester County, Massachusetts. The population was 11,087 at the 2020 United States Census. History What is now Leicester was originally settled by the Nipmuc people and was known by them as ''Towtaid''. On January 27 ...
.


Political career

Prior to becoming a state legislator, Kelly served one term on the Leicester School Committee and was clerk and treasurer of the
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
– Rochdale Sewer District. In 1958, Kelly was elected to the Massachusetts House of Representatives by defeating Republican incumbent John E. Riley 6456 votes to 6045. Six years later he ran for the 4th Worcester District Senate seat that was being vacated by Joseph Gibney. He won a five-way Democratic primary with 37% of the vote and won the general election with 66%. From 1965 to 1971, Kelly chaired the Joint Committee on State Administration. In 1966, he also chaired the Special Committee Special Senate Committee to investigate the activities of the commissioner of administration, John J. McCarthy. In this role, Kelly had an opportunity to bring down the administration of popular Republican Governor
John A. Volpe John Anthony Volpe (; December 8, 1908November 11, 1994) was an American businessman, diplomat, and politician from Massachusetts. A son of Italian immigrants, he founded and owned a large construction firm. Politically, he was a Republican in i ...
. However, Kelly, according to a Volpe aide, assisted the governor's team by keeping them abreast of what was going on behind the scenes and assisting them in planning their strategy. Many, including fellow committee member Beryl Cohen, believed that Kelly leaked a damaging report to the Volpe administration, which gave it time to counterattack. After the investigation, Kelly enjoyed a close relationship with Volpe's Commissioner of Administration and Finance Anthony DeFalco and was able to get patronage from the Volpe's administration. In 1971, Kelly backed
Kevin B. Harrington Kevin Brian Harrington (January 9, 1929 – November 27, 2008) was a Massachusetts politician who served as President of the Massachusetts State Senate. Early life, education, and career Harrington attended Saint Louis University on a basketball ...
for the Senate Presidency over Ways and Means Committee Chairman James F. Burke. Harrington defeated Burke and chose Kelly to replace Burke as Chairman of the Senate Ways and Means Committee, one of the most powerful positions in the legislature. During his tenure in the legislature, Kelly was described as businesslike, accessible, and accommodating and was the only legislative leader to openly describe himself as a liberal. He increased funding for existing social welfare programs and budgeted money for new ones, eliminated funding for the Massachusetts State Police's Subversive Activities Control Unit, supported of constructing a new stadium, opposed using state funds to pay for desegregation in Boston Public Schools, and played a major role in establishing the University of Massachusetts Medical School in Worcester. Kelly was honored by Massachusetts Fair Share, Public Interest Research Group, and Americans for Democratic Action for his work for the poor, elderly, and disabled. In recognition of his power as Chairman of Ways and Means and his effectiveness as a member of the Senate leadership, Kelly was widely known as the "Wizard of Oxford".


MBM Scandal

In 1976, federal prosecutors sought to have Kelly named as an unindicted co-conspirator for his role in the
MBM scandal The MBM scandal was an American political scandal of the 1970s which involved members of the Massachusetts Senate extorting money from McKee-Berger-Mansueto, Inc. (MBM), the consulting company supervising the construction of the University of Massac ...
. According to Anthony Mansueto, one of MBM's senior vice presidents, Kelly told him that he had talked with Senator
Joseph DiCarlo Joseph J. C. DiCarlo (March 21, 1936 – October 22, 2020) was an American politician who served in both houses of the Massachusetts General Court. He was expelled from the Senate in 1977 after he was convicted of extortion. He was the first Massa ...
, chairman of a special legislative committee investigating one of the company's contracts, and "For $100,000, MBM's problems could be solved". However, Judge
Walter Jay Skinner Walter Jay Skinner (September 12, 1927 – May 8, 2005) was a United States federal judge, United States district judge of the United States District Court for the District of Massachusetts. Education and career Born in Washington, D.C., Skinne ...
ruled that the prosecution had failed to link Kelly to the conspiracy and ordered that all references to him be removed from the indictment (Kelly's name was replaced with " John Doe" in the indictment). During the MBM investigation, it was also alleged that Kelly had endorsed a $2,000 check from MBM to Boston Mayor Kevin White and that Kelly himself had received a $1,000 from MBM. Campaign contributions from corporations were illegal in Massachusetts. Kelly denied the allegations and the state declined to prosecute. On December 15, 1977, Kelly announced that he would not run for reelection in 1978. He said that although the
MBM scandal The MBM scandal was an American political scandal of the 1970s which involved members of the Massachusetts Senate extorting money from McKee-Berger-Mansueto, Inc. (MBM), the consulting company supervising the construction of the University of Massac ...
had no effect on him in his district, it likely meant that he could never advance in the Senate leadership. It was also possible that
William Bulger William Michael Bulger (born February 2, 1934) is an American former Democratic politician, lawyer, and educator from South Boston, Massachusetts. His eighteen-year tenure as President of the Massachusetts Senate is the longest in history. He th ...
, who was likely to become the next Senate President, would not allow Kelly to remain as Ways and Means Chairman. After his departure from the Senate, Kelly moved to
Miami Beach, Florida Miami Beach is a coastal resort city in Miami-Dade County, Florida. It was incorporated on March 26, 1915. The municipality is located on natural and artificial island, man-made barrier islands between the Atlantic Ocean and Biscayne Bay, the ...
.


Extortion case

In 1980, Worcester architect Frank Masiello testified before the Special Commission Concerning State and County Buildings that his company paid Kelly's accounting firm a $500 monthly retainer after Kelly threatened to have his firm's contracts with the state cancelled. The payments allegedly began in January 1971 when Kelly became chairman of the Ways and Means Committee and ended in September 1976. He also stated that his company paid for Kelly's travel, entertainment, and YMCA memberships. Kelly's firm received a total of $9,500, but never performed any work for Masiello and Associates. James L. Bauchat of Masiello and Associates' parent company Kassuba Development Corp., testified that Kelly demanded $10,000 in exchange for state design contracts. Kelly appeared before the Commission on June 27, 1980, pleaded the Fifth Amendment and refused to answer any questions. On September 23, 1980, Kelly was indicted on charges of extorting $34,500 from Masiello and Associates. The indictment was based on the Hobbs Act, which makes it illegal for a public official to solicit money from people trying to influence his official conduct. On September 30 he pleaded not guilty and was released by United States magistrate judge Peter W. Princi on $10,000 bond. His trial began on March 18, 1981 and ended on April 29. After eleven hours of deliberation, the jury remained deadlocked 11 to 1 for conviction. Judge
Joseph L. Tauro Joseph Louis Tauro (; September 26, 1931 – November 30, 2018) was a United States district judge of the United States District Court for the District of Massachusetts. He was the son of the late Massachusetts Chief Justice G. Joseph Tauro. Edu ...
declared a mistrial. Before the retrial, the prosecution attempted to have Tauro removed from the case, citing his pro-defense rulings during the trial and having received assistance from Kelly when Kelly was chair of a committee investigating the Volpe administration and Tauro was Volpe's chief legal counsel. The United States Court of Appeals ruled that there was no legal basis to bar Tauro from presiding over the retrial. Also prior to the retrial, two of the prosecution's witnesses had committed perjury. Kelly's retrial began on November 15, 1982, and ended on December 22. The next day, the jury found Kelly guilty of extortion. On January 20, 1983, Judge
Rya W. Zobel Rya Weickert Zobel (born December 18, 1931) is a United States federal judge, Senior United States District Court Judge of the United States District Court for the District of Massachusetts. Education and career Born in Zwickau, Germany, Zobel r ...
sentenced him to two years in prison. He was allowed to remain out of prison until the outcome of his appeal, which was rejected on December 1, 1983. Kelly then sought to have his sentence delayed until April 1984 so he could complete his studies for a master's degree in business administration at Florida International University. The request was denied and Kelly began his sentence in March 1984. He was incarcerated in Federal Prison Camp, Eglin.


Personal life

Kelly and his wife had eight children (five sons and three daughters). One of his daughters died as an infant. In 1970, Kelly and his wife separated. After their separation, Kelly moved to the Jamaicaway Towers in Boston. While residing in Boston he was known to have breakfast at the Ritz, drive a Mercedes-Benz, go out with young women, and play a daily game of squash at the Harvard Club of Boston.


Later life and death

Kelly spent his later years in
Colorado Springs, Colorado Colorado Springs is a home rule municipality in, and the county seat of, El Paso County, Colorado, United States. It is the largest city in El Paso County, with a population of 478,961 at the 2020 United States Census, a 15.02% increase since ...
. He died on August 9, 2013 in Aurora, Colorado, from complications following a hip fracture. He was buried in Leicester, Massachusetts, near his parents and daughter.


References

{{DEFAULTSORT:Kelly, James A. 1926 births 2013 deaths American accountants Businesspeople from Boston Becker College alumni Clark University alumni Florida International University alumni Democratic Party Massachusetts state senators Democratic Party members of the Massachusetts House of Representatives Politicians from Colorado Springs, Colorado Politicians from Fort Lauderdale, Florida People from Miami Beach, Florida Politicians from Boston People from Leicester, Massachusetts People from Oxford, Massachusetts Massachusetts politicians convicted of crimes Businesspeople from Fort Lauderdale, Florida 20th-century American businesspeople