Wilkerson case referred to attorney general

State Senator Dianne Wilkerson has been referred to the attorney general's office for alleged misuse of campaign funds for the second time in four years.

The director of the state's Office of Campaign and Political Finance, Michael J. Sullivan, sent a letter Nov. 1 to Attorney General Thomas F. Reilly after routine audits of the Roxbury Democrat's 2003 and 2004 campaign records unearthed problems that Wilkerson could not sufficiently explain.

In the letter, Sullivan alleges there is evidence that Wilkerson violated rules barring personal use of campaign funds and those that prohibit taking contributions in excess of the legal limits. Sullivan also alleges that Wilkerson violated record-keeping rules.

Officials of the Campaign Finance Office declined to elaborate, citing a policy against commenting on specific allegations. But public documents showing concerns of auditors from the office on 2003 and 2004 records include questions about thousands of dollars in unexplained reimbursements to Wilkerson and payments to her two sons, Cornell Mills and Kendall Mills

The allegations are the latest to be leveled at Wilkerson, who was sued by Reilly last year over allegations she failed to report $26,935 in donations and failed to explain $18,000 paid to her by her committee in 2000 and 2001. That lawsuit, which stemmed from an earlier referral by the Campaign Finance Office, is pending in Suffolk Superior Court. Wilkerson paid $11,500 in civil penalties for similar violations in 1998.

Reilly spokeswoman Meredith Baumann would not comment yesterday on the latest charges. "We've received the new referral from OCPF and are in the process of reviewing it," Baumann said. "We've taken strong and decisive action regarding the previous allegations against Senator Wilkerson. The senator has had repeated opportunities to respond to those allegations, and she failed to."

The state senator has had a string of public financial problems. After Wilkerson won a hard-fought write-in campaign for her Senate seat in the Second Suffolk District in the primary election, a judge ruled that she owed some $13,000 in condo association fees on her Douglass Park home. Last month, her mortgage lender moved to foreclose on the condominium.

Wilkerson did not return repeated phone calls seeking comment yesterday.

Campaign Finance Office spokesman Denis Kennedy said Wilkerson was given an opportunity to explain discrepancies in her 2003 and 2004 campaign records before a referral was made to the attorney general.

"A referral of any matter is the strongest action we can take," Kennedy said. "Before a matter is referred, a person is given the opportunity for a hearing, and a referral is definitely something that is not done overnight."

In audits of Wilkerson's 2003 campaign report, Campaign Finance Office reviewers questioned $7,635 in payments the campaign made to Wilkerson and $16,020 she said she gave to the campaign.

In 2004, they asked about reimbursements the campaign made to Wilkerson for "phone/car" along with $11,559 in other reimbursements. They also questioned $31,848 that she said the campaign owed to her.

Auditors also questioned $3,440 the campaign paid to Cornell Mills and $5,750 to Kendall Mills in 2003.

Auditors inquired about four donations to her campaign in 2004 that exceeded limits, $500 per individual and $200 for a legislative agent.

In responses, Wilkerson said she could justify all the payments and reimbursements.

In June, Campaign Finance Office staff members questioned Wilkerson's 2005 campaign finance report, targeting a $4,000 reimbursement to her and $4,500 in reimbursements to an aide.

Andrea Estes can be reached at estes@globe.com.