LOS ANGELES—Over the weekend, the AIDS Healthcare Foundation (AHF) issued a press release noting that California's Fair Political Practices Commission will be opening an investigation into the financing behind the "No on Government Waste, No on Measure B" campaign, which was unsuccessful in preventing mandatory condom/barrier protection requirements for all sexually explicit content shot in Los Angeles County.
"In a July 17, 2015 letter, California’s Fair Political Practices Commission (FPPC) wrote that it's [sic] Enforcement Division will be opening an investigation to look into the Free Speech Coalition's Diane Duke as treasurer of the 'No' campaign as well as Manwin, a Luxembourg-based porn company and its related overseas companies—foreign companies which appear responsible for half of all donations to the industry's entire 'No' campaign which sought to block passage of Measure B," the AHF press release stated.
Of course, Manwin, which is now MindGeek, has long had offices in Burbank, California, where it does the vast majority of its American adult-related business, so it's unclear that any donations MindGeek had made to the campaign would violate California law. Indeed, AHF had filed a similar complaint with the Federal Elections Commission (FEC), which complaint was dismissed several months ago, with the commissioners voting 3-3 along party lines, resulting in the FEC not taking any action on the complaint.
The FEC had taken the complaint under advisement, labeling it MUR ("Matter Under Review") 6678, and the FEC's digest for April 24, 2015 reads as follows:
"COMPLAINANT: Michael Weinstein
"RESPONDENTS: Mindgeek S.A.R.L. f.k.a. Manwin Licensing International S.A.R.L.; Mindgeek USA Incorporated f.k.a. Manwin USA, Inc.; Fabian Thylmann; Andrew Link; Froytal Services Limited; No on Government Waste/No on Measure B – Major Funding by Manwin USA
SUBJECT: The complaint alleged that Manwin Licensing International S.A.R.L, its subsidiary Manwin USA, Inc. and Manwin USA, Inc.’s corporate officers, Thylmann and Link, made an impermissible $150,000 foreign national donation to a California local ballot measure committee, No on Government Waste/No on Measure B – Major Funding by Manwin USA (Ballot Measure Committee). The complaint alleged further that Froytal Services Limited is a foreign national that impermissibly donated $75,000 to the Ballot Measure Committee.
DISPOSITION: The Commission closed the file. On April 23, Chair Ann M. Ravel and Commissioner Ellen L. Weintraub issued Statements of Reasons."
According to AHF's press release, the complaint to the FPPC was filed "a few weeks ago" by "one of the five individuals who were the citizen proponents of the measure," most likely AHF president Michael Weinstein himself or one of his close staff.
"This investigation by California’s Fair Political Practices Commission of foreign money directed to 2012’s ‘No on B’ campaign is yet another confirmation of the complete lack of credibility that the porn industry has," Weinstein said in AHF's press release. "The industry, its trade group, the Free Speech Coalition and FSC head Diane Duke, are basically cheaters—cheating on performer safety for years as well as what clearly appears to be taking foreign money for their failed political campaign against the condom ballot measure. Keeping foreign money out of US elections should be an extremely high principle. We were fortunate that L.A. County voters had the good sense to vote 'Yes' on Measure B, but under different circumstances, foreign money could tip the balance in a close US election. Do we really want Saudis weighing in on oil policy via a US election? From a cursory look at the required political financial disclosure forms from 2012, we believe that Luxembourg-based Manwin (now MindGeek) and its other overseas entities donated at least half of all monies raised for the porn industry’s failed campaign to block Measure B. We thank the FPPC for opening this investigation."
Of course, Weinstein should know a lot about cheating, and reportedly, the FPPC has no option on whether to open an investigation after a complaint has been filed—and according to an article by Dennis Romero in L.A. Weekly, "Free Speech Coalition argues that the most recent complaint is essentially a frivolous attempt to cast a cloud over the latest fight over condoms, this one involving a statewide initiative spearheaded by AHF."
(Interestingly, the L.A. Weekly article is illustrated by two photos from the recent Stormy Daniels shoot Wanted, which as a Wicked Pictures release will be all-condom.)
FSC CEO Diane Duke issued a statement in response to AHF's press release regarding the investigation:
"This is just another publicity stunt by AIDS Healthcare Foundation, which is operating less and less like a non-profit, and more like a political advocacy committee. A few important points:
• "I have not been contacted by the FPPC, nor is there been any sign of an investigation. Anyone can file a complaint with the FPPC, to which they are required to respond.
• "Weinstein previously filed the same bogus complaint with the FEC. The complaint was easily dismissed.
• "Weinstein has had three years to file this complaint but is only doing so now, on the heels of his statewide ballot initiative, in hopes that it will negatively impact opposition to that initiative.
• "Weinstein has a personal interest in the passage of the ballot measure, which would create a taxpayer-funded position in state government for him, personally and specifically— a Porn Czar with full authority to prosecute and harass adult performers, producers and distributors of adult films using taxpayer money. Given that Weinstein is under investigation for $100 million in Medicare fraud, we should be extremely concerned about writing him a blank check from the state treasury.
• "Weinstein has filed numerous complaints, at numerous agencies, in hopes that it will distract or bankrupt the industry opposition, and allow his ballot measure to pass unopposed. Weinstein has a long history of spending his non-profit's money to attack those who oppose him. This is an old censorship tactic that goes back to the early days of the industry.
• "Weinstein is once again misstating facts to gain media attention. This is all about his political agenda. Weinstein wasting taxpayer money and government resources to fund a personal crusade instead of focusing on patient care.
"I’ll be happy to speak with the FPPC should they contact me," Duke concluded. " I suspect, like the FEC, they’ll find the complaint baseless. Mr. Weinstein’s attempts to silence me with a harassment campaign will not work. I am one of many ready to stand up and tell the truth about the danger of hiring Michael Weinstein as California Porn Czar, and eliminating health and safety choices for adult performers."