Jacob Wohl and Jack Burkman were found liable for unlawful robocalls with false and threatening messages intended to discourage black people from voting.
Two conservative operatives who allegedly made unlawful robocalls aimed at stopping black voters in New York from voting by mail in 2020 have been ordered to pay $1 million in restitution. That figure could increase to $1.25 million if the pair fail to pay at least $105,000 by the end of December.
Jacob Wohl and Jack Burkman were found liable for unlawful robocalls with false and threatening messages intended to discourage voting. U.S. District Judge Victor Marrero said that the pair had violated several federal and state civil rights laws at the time.
According to the agreement, if the two men fail to pay at least $105,000 by Dec. 31 and do not address the failure to pay within 30 days, the amount will increase to $1.25 million.
“The right to vote is the cornerstone of our democracy, and it belongs to everyone. We will not allow anyone to threaten that right,” Ms. James said in a statement. “Wohl and Burkman orchestrated a depraved and disinformation-ridden campaign to intimidate black voters in an attempt to sway the election in favor of their preferred candidate. Now, they will pay up to $1.25 million to my office, the National Coalition on Black Civic Participation, and the individuals who were harmed by their scheme. My office will always defend the right to vote.”
Mr. Burkman and Mr. Wohl, who created a fake civil rights organization called Project 1599, pleaded guilty in October 2022 to one count each of felony telecommunications fraud over the robocalls.
The duo’s robocalls, which reached an estimated 5,500 New Yorkers during the summer of 2020, claimed that those who voted by mail would be “tracked for outstanding warrants, credit card debt, and mandatory vaccines,” Ms. James’s office said in a press release.
“Hi, this is Tamika Taylor from Project 1599, the civil rights organization founded by Jack Burkman and Jacob Wohl,” a robocall message allegedly told voters, according to the release. “Mail-in voting sounds great, but did you know that if you vote by mail, your personal information will be part of a public database that will be used by police departments to track down old warrants and be used by credit card companies to collect outstanding debts? The CDC is even pushing to use records for mail-in voting to track people for mandatory vaccines. Don’t be finessed into giving your private information to the man, stay safe and beware of vote by mail.”
In November 2022, the men received sentences of two years probation, six months of electric monitoring, and 500 hours of community service to be served in a voter registration drive.
One New Yorker who received the robocall “suffered severe anxiety and distress,” leading them to withdraw his voter registration, according to the release.
NCBCP said it had to redirect resources to address the claims made in the call.
“These men engaged in a conspiracy to suppress black votes in the 2020 general election,” said Melanie Campbell, president and CEO of NCBCP. “They used intimidation and scare tactics, attempting to spread harmful disinformation about voting in an effort to silence black voices. Their conduct cannot and will not be tolerated. This settlement serves as a marker for those who seek to engage in such efforts. There will be consequences for their actions. They will pay for the harm they cause to our democracy.”
The case was litigated by the OAG, alongside co-plaintiffs of voters who received the robocall and the NCBCP. The Lawyers’ Committee for Civil Rights Under Law and the law firm of Orrick, Herrington & Sutcliffe LLP represented the plaintiffs.
Damon T. Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said the settlement should send an “emphatic message” to anyone who aims to keep black people from voting.
“Voter suppression and voter intimidation are illegal, immoral, and anti-democratic,” Hewitt said. “Regardless of whether the perpetrators are government actors or private citizens, your actions will have consequences, and you will be held accountable to the fullest extent of the law. At a time when orchestrated voter intimidation and disinformation campaigns are on the rise, we must all remain vigilant in working to ensure that access to the ballot is fair, easy, and accessible.”
