Jesus and Andrea: what is the right punishment for crooked politicians?
Is a slap on the hand enough? If not, then what is?
South Bay’s iconic siblings Jesus and Andrea Cardenas can thank Judge Rachel Cano for slapping their hands after they confessed to stealing over $200,000 in public funds meant to assist victims of the pandemic.
The couple pleaded guilty on two felonies each of grand theft on February 28, nine days after Andrea resigned from the Chula Vista City Council.
Jesus owned the political consulting firm Grassroots Resources. It was a lucrative business for Jesus, and Andrea, who was its director of community engagement and her brother’s devoted mentee.
Together, they used the business to complete their heist.
At the peak of their careers in 2020 Jesus landed three notable election victories: Andrea for the Chula Vista City Council, Norma Vargas for the San Diego County Board of Supervisors and Stephen Whitburn for San Diego City Council.
Whitburn appointed Jesus as Chief of Staff, a demanding job he performed while keeping a close eye on his Grassroots business. He resigned his city job in April 2023 over alleged conflicts of interest.
On March 27 Judge Cano gave Jesus a sentence of two-years probation, 45 days in work furlough, 135 days home detention and $500 monthly restitution—without restrictions on his consulting business other than to obey the law.
Jesus could get his felonies reduced to misdemeanors after serving probation, Cano ruled. She also indicated that she will show more mercy for Andrea, who she will sentence in August.
The purpose of prosecuting crooked politicians
What is the point of the Cardenas prosecution if the penalties for their crimes seem so light?
Of course, there are other tough and arguably inhumane punishments inflicted by society besides prison, including shame, guilt and depression.
But even proponents of merciful justice would hope for a behavior-altering consequence or two, like maybe a ban on running for political office and operating a consulting business.
Deputy prosecutor Chandelle Boyce wanted Jesus to serve 180 days in jail with a ban on working as a political consultant for two years during probation, according to the Union-Tribune.
She told the judge that Jesus “made the choice to steal more than $200,000,” that it was no mistake, that he had operated his suspended consulting business illegally and was still doing business through an associate.
He might defraud the government again, she said.
But Jesus’ attorney asked Judge Cano for leniency, claiming that he served his community over the years, has health issues, is taking care of his elderly parents, just got married and is the sole provider for his family.
“He’s deeply remorseful for his actions,” she told the judge. “It has affected his livelihood. It has affected his business relations. It’s greatly affected his sister and her health and he is very very worried for her.”
One South Bay politician interviewed for this story, who didn’t want to be named, concludes that the DA wanted to prosecute the Cardenases for political corruption but had to settle for grand theft.
“They weren’t barred from politics because their crimes weren’t politically based. It was like going after Al Capone but getting him only for tax evasion,” the source said.
Reform needed
But the siblings’ guilty pleas grew directly from their winning political strategy—under Jesus’ guidance—for Andrea’s city council campaign, her first and possibly last election victory.
Andrea’s campaign succeeded with a defacto contribution of $33,500 in extended credit for campaign mailers sent by TMC Direct, one of Jesus’ business partners at Political Strategies, a now defunct consulting group that he co-founded.
Chula Vista’s campaign ordinance prohibits candidates from turning loans and campaign debts into contributions that exceed the legal limit, $360 at the time, through lengthy extensions of credit.
A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $410.00 per person, pursuant to CVMC 2.53.040.
The maximum penalty per violation is $1,000, but the city’s law has also been gamed by other city council candidates due to its lack of clarity, a loophole that so far precludes its enforcement.
A local citizen filed a complaint against Andrea for violating the ordinance. An investigation ensued and found that she probably violated it.
No enforcement occured.
Instead, Andrea blew off reporters’ questions and her city council peers subsequently chose her as deputy mayor, the Union-Tribune wryly noted in Sept., 2022.
The problem has existed beyond Chula Vista into other campaigns managed by Jesus Cardenas and associates, as detailed in La Prensa’s 2023 investigation of “massive campaign cheating.”
Intentionally or not, and ironically, the lack of enforcement led to the siblings’ short-lived victory.
Next, more on the plan and merciful justice. After that in an order to be determined: consultations, history, remorse, revenge, South Bay schemes, and more in the weeks and months to follow. Stay tuned.