Investigate Fraud, Face Charges? The Controversy Over AB 2624

AB 2624 is becoming widely known as the “Stop Nick Shirley Act.”

Democrat Assemblywoman Mia Bonta, the wife of California’s Attorney General, Rob Bonta, has introduced a bill that would essentially make investigating fraud in California illegal.  AB 2624 is billed as legislation that would provide “privacy for immigration support services providers” by establishing a “confidentiality program” for those facing “threats of violence or harassment from the public” due to their link to any such centers.

AB 2624 has been nicknamed the “Stop Nick Shirley Act”, as it appears to be a direct response to the investigative journalism work of individuals like Shirley, who exposed massive layers of alleged fraud in Minnesota, where questionable day care centers, Autism treatment centers, and “Feeding Our Future” received hundreds of millions of taxpayer dollars.  Independent journalists like Nick Shirley have exposed fraud and abuse in government-funded programs using on-the-ground video footage and firsthand documentation.

Bonta’s bill basically aims to make it illegal to document the inner workings of similar government-funded operations. This could include interviewing alleged employees or volunteers, and disseminating any of that information publicly, including even the address of the operation; something any investigative journalist would do.  In other words, true investigative journalism would be criminalized.

Republican Assemblyman Carl DeMaio has slammed this proposed legislation for the chilling effect it will have on free speech and independent investigative journalism. “California Democrats are trying to intimidate citizen watchdog journalists and protect waste and fraud … AB 2624 can only be described as … a bill designed to silence citizen journalists exposing fraud and abuse of taxpayer dollars. Instead of fixing the fraud problems being uncovered, Sacramento politicians are trying to shut down the people exposing them.” DeMaio warned the bill would be used to block journalists, watchdog groups, and members of the public documenting wrongdoing.

Republican Assemblyman David Tangpia also objected to this bill saying: “In practice … journalists and independent investigators could face legal penalties simply for documenting what’s happening inside taxpayer-funded operations. Think about that. The very people trying to expose fraud, abuse, or mismanagement could be the ones punished.”

Investigative journalists and citizen watchdogs play a vital role in exposing fraud and protecting public resources, as well as ensuring programs actually deliver aid to those whom they were meant to help. When facilities are mismanaged, underutilized or even non-existent while receiving vast amounts of taxpayer financing, the public has a right to see the evidence. 

But, as Assemblyman DeMaio said, instead of fixing the problems being uncovered, Sacramento politicians want to shut down the people exposing them.  Under AB 2624, those documenting fraud or criminal activity could face misdemeanor charges, as well as fines of up to $10,000 per violation and possible imprisonment. 

Why would any public official want to shield an examination of publicly funded institutions, hiding them from scrutiny? Should they not be proud to display the good services that legitimate organizations are providing and how well they are acting as stewards of taxpayer funds?

AB 2624 sends a clear and chilling message to every journalist and watchdog agency in California: expose corruption and you will be punished. This raises serious First Amendment concerns and risks the public being denied information to which they are entitled – how their taxpayer dollars are being spent. AB 2624 must be defeated.