Rep. Gary Miller [3] has become the fourth House Republican from California in less than two years to face a federal investigation. He joins current Reps. John Doolittle [4] and Jerry Lewis [5], as well as former Rep. Duke Cunningham [6], who is currently serving an eight-year prison sentence for bribery, fraud, and tax evasion.

Miller, a five-term congressman, is being probed for violating tax laws in connection to land he sold to the southern California cities of Monrovia and Fontana. In 2002, Miller completed a sale of 165 acres he owned to Monrovia for over $10 million. In 2005 and 2006, he sold land and buildings to Fontana. In each case, Miller claimed that the respective cities imposed eminent domain, meaning they were able to force the sale of his land because it was in the public interest. This, he claimed, gave him the right to shelter the profits he earned from state and federal capital gains taxes through at least 2009. The taxes would have combined to take up to 31% of Miller’s profits.

Both Monrovia and Fontana, however, have denied ever invoking eminent domain, insisting that Miller sold his land willingly. In addition, several reports have indicated that Miller and his office were actively involved in trying to make the Monrovia land sale possible. Miller appeared at a Monrovia City Council meeting in 2000 to lobby the city to buy his land and convert it into a wilderness preserve. Later that year, Miller allegedly helped Monrovia (which is not in his congressional district) in its attempt to secure money for the preserve by trying to secure a federal earmark. In 2002, Miller also attended a meeting in Washington between Monrovia officials and Sen. Barbara Boxer [7] (D-Calif.) in which funding was discussed. Ultimately, no federal funds were directed to Monrovia for the wilderness preserve.

In addition to raising questions about his eminent domain claim, Miller’s efforts to foster the sale of his land to Monrovia may be in conflict with House rules [8]. The ethics manual warns members to avoid conflicts of interest, such as “a situation in which an official’s conduct of his office conflicts with his private economic affairs.” Proclaiming he violated no rules, Miller asked the House Ethics Committee [9] to review his business transactions late last year after initial allegations regarding misconduct were reported.

While the FBI will not confirm or deny an ongoing investigation, several officials from both Monrovia and Fontana have said that they were recently interviewed by FBI agents in person. House Republicans have taken no action against Miller, and in fact recently appointed him as the ranking member of the Oversight and Investigative Subcommittee of the House Financial Services Committee [10].

Congresspedia [11] has been following the Miller probe [12], as well as other investigations of current and former members of Congress [13]. Be sure to stay tuned, and help us out with new info if you have it.