Feds open investigation of Rep. Jeremy Durham

Federal prosecutors have opened an investigation into campaign expenditures by embattled Franklin Rep. Jeremy Durham, his lawyer told The Tennessean on Monday.

Nashville criminal defense attorney Peter Strianse said he was recently retained by Durham.

"The U.S. Attorney's Office in Nashville has opened up a matter based on the allegations that were carried in your newspaper," he said. "I think the government has an open mind about what they're investigating."

The federal government has issued two subpoenas to Durham for records related to campaign finance issues and a possible tax violation, Strianse said. He said Durham was complying with those orders.

"Mr. Durham's going to cooperate fully with their investigation," Strianse said. "We feel confident once they take a look at the records and understand what happened they'll see there's no violation of any law."

House Republican Caucus Chairman Glen Casada, R-Franklin, who has been a longtime supporter and mentor of Durham, said, "No one is above the law, from Hillary Clinton down. If you break the law, you must be held accountable. I encourage Representative Durham to fully comply with this investigation."

A spokesman for David Rivera, U.S. attorney for the Middle District of Tennessee, said he could not "confirm or deny the existence of an investigation in this matter."

Durham campaign investigation hints at 'serious violations'

Durham has been the subject of several investigations, including one by the Tennessee attorney general that resulted in findings of allegations of sexual misdeeds against 22 women. During the course of that investigation, former Durham employee Benton Smith approached the attorney general in May and accused Durham of using his campaign funds for his personal business.

Durham denied the allegations at the time, saying Smith — a former legislative assistant, campaign worker and employee at Durham's private business — was disgruntled.

In June the Tennessee Registry of Election Finance, an entity within the state Bureau of Ethics and Campaign Finance, opened an investigation into the campaign finance records. Earlier this month the registry said investigators found a roughly $191,000 discrepancy between Durham's campaign finance records and his bank account records. The investigation also referenced investments made by Durham's campaign and loans from Durham's campaign accounts.

Casada withdrew his support for Durham when the state's investigation into his campaign finances began.

In June, Drew Rawlins, executive director of the bureau, told The Tennessean it violates state law to use campaign funds for personal purposes.

On Monday, Rawlins confirmed that he talked to the U.S. Attorney but did not provide them with any information from the state's audit.

"We will not stop our audit because of the U.S. Attorney's probe," Rawlins said.

Tom Lawless, chairman of the registry board, said earlier this month the registry would refer any findings of illegal behavior to the appropriate officials.

“There are indications there may be some serious violations, and we want to garner the facts so we can take the appropriate remedies,” Lawless recently told The Tennessean.

The state investigation is ongoing.

The state attorney general began investigating Durham after The Tennessean published a report in January detailing allegations from three women who had received inappropriate late night text messages from Durham's cellphone. Although Durham initially denied wrongdoing, he resigned as House majority whip and removed himself from the GOP caucus. In July, after the final attorney general report was released, Durham also denied any sexual malfeasance but said some of the interactions in the report were true. He suspended his re-election campaign, and lost to Sam Whitson in the GOP primary in August.

Power opens door to sexual harassment

Strianse worked as a federal prosecutor in Florida and Middle Tennessee before going into private practice. He's represented many high-profile clients, including former Vanderbilt University football player Cory Batey. Batey's family hired Strianse for his appeals after Batey was convicted of aggravated rape. Strianse also represented Brian Whitfield, the former head of Sommet Group, who was found guilty in 2014 of stealing money from clients for whom his company provided payroll services. Sommet Center is the former name of Bridgestone Arena.

For the attorney general investigation Durham hired well-known Nashville attorney Bill Harbison. Harbison didn't immediately respond to questions Monday as to whether he still represented Durham.

Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger. Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1. Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.