Here’s All The Legal Trouble George Santos Faces As He Joins Congress

Topline

Incoming Rep. George Santos (R-N.Y.) arrives on Capitol Hill Tuesday to begin his tenure in the House as he comes under an increasing amount of legal scrutiny, with local, state, federal and now international authorities investigating the Republican after he gained attention for fabricating much of his background and raised speculation about potential financial crimes.

New York Congressman-Elect George Santos speaks during the Republican Jewish Coalition (RJC) Annual … [+] Leadership Meeting in Las Vegas, Nevada on November 19, 2022.

The Washington Post via Getty Images

Key Facts

Santos first came under fire in mid-December after the New York Times reported he appeared to have lied about many aspects of his resume, including past employment and his educational history, which were followed by subsequent reports revealing even more apparent fabrications.

The revelations also sparked questions about Santos’ finances—he reported earning only $50,000 in 2020 before going on to lend his 2022 campaign more than $700,000, the Times reports—and unusual campaign spending, which experts cited by the Times speculated could indicate he was using campaign funds on personal expenses.

Federal investigators at the Department of Justice have opened an investigation into Santos and his finances, which NBC News reports is in its early stages but includes probing “potential irregularities” involving campaign finance disclosures and loans Santos made to his campaign.

Law enforcement authorities in Brazil have reopened a fraud case against Santos after he spent $700 using a false checkbook and fake name in 2008, the Times first reported Sunday, after the case was previously stymied when Santos went back to the U.S. and prosecutors were unable to locate him.

The Nassau County District Attorney’s office in New York said it is “looking into” Santos and his apparent fabrications, though it is unclear what the scope of that investigation is or what potential crimes prosecutors may have identified.

New York Attorney General Letitia James’ office said it is “looking into a number of issues” involving Santos, though NBC News notes it did not confirm if a formal investigation has been launched.

What To Watch For

The mounting legal scrutiny into Santos won’t stop him from being sworn into Congress, as he’s refused to resign voluntarily and there are no legal mechanisms in place that could stop him from being seated. A number of lawmakers have called for him to face an ethics investigation in the House, including fellow incoming Republican Rep. Nick LaLota, whose New York district borders Santos’. It would take a two-thirds vote in the House to actually remove Santos from office, however, which CNN notes has only happened five times before in U.S. history.

Chief Critic

Santos has admitted to at least some of the fabrications—though he has largely downplayed them, claiming he just put a “little bit of fluff” in his resume—but has denied that his actions were in any way unlawful. “I am not a criminal,” Santos told the New York Post in December. “My sins here are embellishing my resume. I’m sorry.” Santos’ lawyer Joe Murray denied to the Times that any of the incoming lawmaker’s campaign spending was illegal, calling the allegations “ludicrous” and arguing, “Campaign expenditures for staff members including travel, lodging, and meals are normal expenses of any competent campaign.” About the fraud allegations against Santos in Brazil, Murray told the Times, “I am in the process of engaging local counsel to address this alleged complaint against my client.”

Surprising Fact

Santos’ decision to move forward with being sworn into Congress, rather than step down, could have consequences should he be found to have committed any crimes. Politico noted Monday that prosecutors in two other cases involving sitting lawmakers, Rep. Duncan Hunter (R-Calif.) and Rep. Chris Collins (R-N.Y.), pushed for harsher penalties against them in part because they chose to stay in office rather than resign and take responsibility for their crimes.

Tangent

Though Santos will arrive on Capitol Hill Tuesday, it’s unclear when exactly he’ll be sworn into office, as that can only take place after the House elects a Speaker—which may take more time than anticipated. Rep. Kevin McCarthy (R-Calif.), the GOP nominee for Speaker, is facing resistance from some further-right House Republicans that could derail the vote. That would mean the House will keep having to hold subsequent votes until a Speaker is elected, which could take anywhere from hours to weeks to complete.

Key Background

Santos was elected to Congress in November, beating out Democratic challenger Robert Zimmerman with 53.8% of the vote in his New York district. Santos’ apparent lies about his background include claims that he attended New York University and Baruch College and worked for Citigroup and Goldman Sachs, but the Times found in December that those institutions and companies have no record of him working or studying there. The lawmaker also apparently exaggerated his Jewish heritage, claiming that his maternal grandparents fled persecution in the Holocaust when they were in actuality born in Brazil. (He later claimed to have never called himself “Jewish” but rather “Jew-ish.”) Other claims include that Santos, who identifies as gay, failed to disclose that he had recently divorced a woman; that he founded an animal rescue charity, for which no records exist; and that his mother was killed in the September 11th attacks, when she in actuality died in 2016.