Ex-Senator Says He Can’t Afford Fine, Restitution in Corruption Case

A judge will consider whether former state Sen. Joseph Montoya is too poor to finish paying $40,000 in fines and restitution that resulted from his corruption conviction.

The once-powerful lawmaker, who was released from prison last year, told a U.S. District Court judge Friday: “I was used to the perks and honorariums. It’s been a constant struggle the last six years.”

Montoya, 57, said he had to pay college expenses for his children while he was in prison. He also says his wife, from whom he’s separated, doesn’t work because of a heart condition.

The Democrat, who represented El Monte, also said that $400,000 in legal fees and a $40,000 fine to the state Fair Political Practices Commission have left him unable to hire an attorney.

“I’ve nothing, from my standpoint,” he told the judge, asking him to erase the $32,000 fine and $8,000 restitution.

Montoya, who served nearly five years of a six-year sentence, became the first California legislator charged in the federal government’s Capitol corruption probe that netted 14 other lawmakers.

In February 1990, a jury convicted Montoya on extortion, racketeering and money laundering charges. Evidence included videotape of Montoya accepting an envelope containing $3,000 cash from an undercover agent touting a bogus bill the FBI had caused to be introduced.

An appellate court threw out the extortion conviction.

So far, Montoya--who grosses $2,800 a month as a consultant to a waste management and recycling group--has paid $2,400 on the fine and restitution.

Judge Milton L. Schwartz, who will conduct another hearing on the matter Feb. 21, asked Montoya to submit his financial records to the court.

The judge ordered Montoya to submit documentation of his assets, liabilities, income, expenses and an accounting of what happened to the assets he had at the time of his 1990 sentencing.

Assistant U.S. Atty. John Vincent told Schwartz that he opposes any reduction of the fine and restitution.

“What happened to the assets he once had which he could have used?” Vincent asked. “My concern is, the last one people feel they have to pay is always the government.”

An agitated Montoya replied: “There’s no question I can be forced to be destitute and go on welfare. . . . When does this fall behind me? I have been paying the price for my wrongdoing since Aug. 24, 1988.”

The date referred to by Montoya was when the FBI searched several Capitol offices in a predawn raid that culminated a 2 1/2-year undercover sting operation.