Seattle strip-club operator resists city subpoena

By Jim Brunner and Steve Miletich
Seattle Times staff reporters

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Citing evidence of a separate criminal investigation into the so-called "Strippergate" scandal, Colacurcio's lawyers argued their client would be forced to "seriously consider invoking his Fifth Amendment privilege against self-incrimination" if questioned by the commission because his answers could be used against him in a criminal probe.

But by refusing to answer, Colacurcio would be unable to adequately defend himself against the ethics commission's civil investigation into violations of election laws, John Wolfe, attorney for Colacurcio, argued in papers filed recently with the city.

Wolfe argued the commission should, "in the interests of justice, protect Colacurcio Jr. from having to make this unfair choice" by quashing the subpoena and not insisting his client testify.

Wolfe would not comment on the matter yesterday, saying the document he filed "speaks for itself."

Wolfe prevailed in a similar case when he convinced the state Court of Appeals that executives of the Olympic Pipe Line Co. shouldn't have to testify in a civil lawsuit until a criminal investigation into the deaths of three people in a pipeline explosion had been completed.

Harley Anders, executive director of the ethics commission, said he did not want to comment without first consulting city lawyers.

The legal maneuver could complicate the investigation into whether Colacurcio or his father, Frank Colacurcio Sr., illegally funneled campaign contributions to City Council campaigns last year. People connected to the Colacurcios contributed nearly $39,000 to the re-election campaigns of three council incumbents at a time Colacurcio Jr. was seeking a rezone for Rick's strip club in Lake City.

In February, charges of violating election laws were filed against longtime Colacurcio employee Marsha Furfaro, whose two daughters admitted their mother had reimbursed them for $2,300 in campaign contributions to former City Councilwoman Judy Nicastro. The daughters received immunity in return for their cooperation.

Seattle election laws limit campaign contributions to $650 per donor. It is illegal for anyone to violate that limit by funneling money through other donors.

The charges against Furfaro allege Colacurcio Sr. was the real source of at least some of the money — which he denies. No charges have been filed against him or his son.
 
Investigators from the ethics commission have been trying to put pressure on Furfaro to testify about the involvement of the Colacurcios. But so far, she has refused to turn against her longtime employer. Federal and state prosecutors who have been monitoring the city investigation have been reluctant to grant Furfaro immunity without knowing more about what she would reveal, according to sources familiar with the matter.

The Colacurcios have long drawn the interest of local law-enforcement agencies. Both father and son have spent time in federal prison for tax evasion.

The latest legal maneuver by Colacurcio Jr.'s attorney could further delay efforts to learn more about the Colacurcios' involvement. If the ethics commission — a seven-member citizen panel — decides to stand by the subpoenas issued by its investigators, the issue could wind up in court.

The uproar over the contributions helped bring a shakeup of the City Council in last year's elections. Nicastro, who received most of the money, was defeated, along with Heidi Wills. Jim Compton was elected to a second term.

Jim Brunner: 206-515-5628 or jbrunner@seattletimes.com; Steve Miletich: 206-464-3302 or smiletich@seattletimes.com