Georgia State Rep. Pedro Marin: Mexican Agent

Georgia State Rep. Pedro Marin: Mexican Agent
(American Patrol Posted 4/7/03 with permission of J. Herchek)

According to the federal Foreign Agent Registration Act, Georgia State Rep. Pedro Marin appears to fit the legal definition of a foreign agent and should be registered -- which, of course, he is not. The following is a letter of mine to the appropriate unit of the Dept. of Justice which has jurisdiction. They have acknowledged receipt of my complaint and will only say that it is under review.

Since I sent that and my ethics complaints against Marin, he has updated the Secretary of State records to reflect that he is now the registered agent using his home address as the registered agent address.

The area where he is most vulnerable is in his management position with The Mexican Center which is organized as a nonprofit tax-exempt 501(c)(3) organization. It's apparent to me that this $50,000 position enables him the livelihood to afford to serve in the legislature. But what is going to bring him and The Mexican Center down is the very strict IRS prohibition against political activities for tax-exempt nonprofits. I have formally requested audits and revocation of tax-exempt status for both The Mexican Center and the Gwinnett Housing Resource Partnership, another tax-exempt 501(c)(3) nonprofit where he was manager during his candidacy.

Advantages of Tax Exempt Status 501(c)(3) 1. It provides exemption from certain state and federal income taxes. 2. It provides the opportunity to seek possible exemption from sales and property taxes. 3. It provides the opportunity for government, corporate and foundation grants. 4. Donors may deduct contributions. 5. Tax exempt corporations have more credibility with donors. 6. Tax exempt corporations have access to below-market interest rates.

Disadvantages of Tax Exempt Status 501(c)(3) 1. The IRS restricts lobbying activity. 2. The IRS taxes income from activities not related to the exempt purpose, and can revoke tax exempt status if such income becomes too large a share of all revenues. 3. Political activity is prohibited. 4. Public support is required and must be demonstrated each year by the share of revenues which come from contributions. 5. The organization's activities must be limited to the charitable purpose.

The prohibition against political activities is absolute. Section 501(c)(3) organizations cannot support or oppose political candidates. No partisan political campaign activities, however minimal, are allowed. A Section 501(c)(3) organization is not permitted to allow groups or individuals to use its facilities and equipment to campaign for candidates. There is no de minimus test for low levels of activity. The IRS has used the phrase "zero tolerance" to describe the absolute prohibition on political activities by Section 501(c)(3) organizations.

The IRS has acknowledged receipt of the complaints and will only say they are under review.

_______________

February 12, 2003
Department of Justice
Registration Unit
1400 New York Avenue, N.W.
1st Floor - Public Office Suite 100
Washington, D.C. 20005

To whom it may concern,

My investigation into Centro Mexicano de Atlanta/The Mexican Center of Atlanta, Inc. reveals that pursuant to the Foreign Agent Registration Act, these agents of the Mexican government are not registered as required by federal law.

The official database of the Georgia Secretary of State lists Centro Mexicano de Atlanta/The Mexican Center of Atlanta, Inc. as a non-profit corporation legally located at 2600 Apple Valley Road in Atlanta which is the Mexican Consulate Office. Its registered agent is Pilar Aceves-Neila at the same address.

Their website is www.enespanol.com/atlanta/mexican.center. It states: Established in 1992 with the support of the Consulate General of Mexico, The Mexican Center of Atlanta is a non-profit entity. Its mission is to foster an appreciation for Mexico and people of Mexican origin through events and activities which illuminate their culture, traditions and history, while also supporting and facilitating efforts which bring the communities together in positive and meaningful ways. Its distinguished Board of Directors includes individuals from both Mexico and the United States being the Consul General of Mexico its Honorary President.

Executive Director Pedro Marin is actively involved as an elected state representative, along with board members, in lobbying government officials at the local, state and federal level to accept the Mexican Consulate issued Matricula Consular as acceptable identification for Mexican citizens residing illegally in the United States, granting driver's licenses to illegal aliens, and advocating for other political issues that benefit the Mexican government and Mexican citizens in the United States. They engage in political activities on behalf of the Mexican government, they act in a public relations capacity for the government of Mexico, and they represent the interests of the government of Mexico before agencies or officials of the U.S. government, all of which require registration under the Foreign Agents Registration Act.

This organization was conceived by and has been sponsored, nurtured and subsidized by the Mexican Consulate in Atlanta. Its board includes Mexican nationals and its titular head is the Consul General of Mexico. It is an instrument of the Mexican Consulate in Atlanta and acts at the order and request of the Consulate under the direction or control of the government of Mexico which requires registration under the Foreign Agents Registration Act.

As a concerned American citizen, I urge your office to investigate this matter thoroughly and demand full compliance with the law.

Thank you for your time and attention,

James C. Herchek
Lawrenceville, GA