GOP consultant files lawsuit alleging identity fraudulently used to make ActBlue donations to Dems

Mark Block has been consulting for Republicans for years. So when he discovered an old email account he used for the 2012 Herman Cain presidential campaign was receiving receipts for donations to Democrat candidates like Kamala Harris, he became alarmed.

The discovery led Block -- a stalwart Republican -- and his lawyers on a journey that escalated Monday evening when he filed a groundbreaking lawsuit in the Wisconsin state courts under civil racketeering laws, alleging he is a victim of identity theft in a conspiracy to abuse the massive ActBlue fundraising platform.

That platform is designed to benefit Democrats with small donations under $200 that evade Federal Election Commission reporting requirements, the suit stated. 

Block’s litigation — which called the misuse of his Personally Identifiable Information (PII) “smurfing” — mirrors allegations that the House Administration Committee uncovered during a recent computer analysis that identified tens of thousands of suspicious donations placed through the ActBlue platform that appear to come from people who do not have the means to give large amounts of money.

Committee Chairman Bryan Steil referred the matter to attorneys general in five states, and that investigation has now expanded to 19 states in what is poised to become one of the larger fundraising controversies in modern American history.

“Bad actors can influence elections by laundering their ‘smurfing’ activities (i.e., making contributions via the PII of numerous donors or “smurfs”) through these anonymous bulk reports,” Block’s lawsuit filed in Waukesha County Circuit Court declared.

You can read the lawsuit here.

Block discovered that beginning in May 2024 his identity was “fraudulently used” to make over 385 donations worth over $884 to 62 campaigns and political organizations, the suit said. Thirty-five of the donations were to Harris’ Victory Fund.  

“Plaintiff did not make, authorize, or consent to these donations to the ActBlue Campaigns, and the Defendant’s unlawful acts could expose Plaintiff to investigation by the FEC for contributions made under a false name,” the suit said.

“While these fraudulent donations average out to a very small $3.24 per transaction, they fit nicely into a loophole created by Federal Election Commission (FEC) reporting requirements,” the suit added.

Just the News reviewed some of the emails that went to Block's old Cain Campaign address with receipts from ActBlue, including one in June for $7.50 for the  Equality PAC, the political arm of the liberal-leaning Congressional LGBTQ Equality Caucus.

"Given Plaintiff’s political leanings, he would never consider or consent to donating to any of the ActBlue Campaigns," the lawsuit said.

The lawsuit named as the defendant a “John Doe” donor whose identity isn’t known but whose American Express card in California was used for all the donations.

It did not name ActBlue as a defendant, but clearly alleged the Democrats‘ favorite small money fundraising platform was used as a part of a racketeering enterprise under Wisconsin’s Organized Crime Control Act or WOCCA. 

“With a business model dependent upon the beneficence of like-minded individuals, ActBlue and the ActBlue Campaigns must necessarily welcome anyone and everyone interested in funding these campaigns and advancing their agendas,” the lawsuit said. “By making these fraudulent donations, John Doe participated in the operation of ActBlue’s particular business model: providing small donor campaign contributions to Democratic campaigns and organizations to advance left-leaning policies,” the suit added.

The lawsuit was brought by a Milwaukee law firm and assisted by the America First Policy Institute’s legal arm, a group aligned with former President Donald Trump’s policy priorities.

An ActBlue representative did not immediately respond to an email seeking comment. The fundraising platform has steadfastly denied wrongdoing, but said it is cooperating with the multiple investigations. 

"Democratic and progressive campaigns have trusted ActBlue’s two-decade-long track record of innovation and dependability to deliver during big fundraising moments," ActBlue said in a statement in June celebrating its 20th anniversary in business.

Texas Attorney General Ken Paxton recently revealed that ActBlue had not been using the CVV security numbers on credit cards that are a key protection against fraud, but that the group  agreed to begin doing so in August.

Block’s lawsuit alleged that the misuse of his identity to make the donations qualified as “racketeering activity” carried out through multiple enterprises as defined by Wisconsin law.

For emphasis, the lawsuit declared: “The relevant ‘enterprises’ were ActBlue and the ActBlue Campaigns. As detailed below, John Doe associated with and maintained an interest in ActBlue and the ActBlue Campaigns, in violation of WOCCA.”

The suit asks a judge to issue a temporary injunction prohibiting any more donations using Block’s identity through the ActBlue platform.