FCC proposes record $5.1 million fine against election robocall purveyors

The men who created and distributed election robocalls in Detroit and other areas around the country could face a more than $5 million fine from federal regulators for their actions. 

The Federal Communications Commission announced the proposed fine Tuesday against Jacob Wohl and Jack Burkman, that latest potential punishment for the far-right provocateurs already criminally charged in connection with the calls. 

"The FCC’s Enforcement Bureau investigation found that the calls in this case were apparently prerecorded and made to consumers’ wireless phones without the required prior consent," states an FCC news release. 

Wohl and Burkman are well-known right-wing provocateurs who have previously spread misinformation in an effort to assist former President Donald Trump and his political goals. 

In the late summer of 2020, Wohl and Burkman worked to put out calls in Detroit and other areas that inaccurately alleged voters who apply for and use absentee ballots are providing personal information that may be used by police to exercise warrants, credit card companies to collect debts and the Centers for Disease Control and Prevention to “track people for mandatory vaccines." 

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Similarly, Ohio residents received robocalls months before the 2020 election. Ohio Attorney General Dave Yost's office worked with the FCC's enforcement bureau to investigate the calls and helped uncover their source. In a tweet Wednesday, Yost said Wohl and Burkman were targeting Black voters and "attempting to suppress the Democratic vote with disinformation."

"Their efforts failed," he said. "This fine will cripple them, and send a warning to others (right or left) about similar conduct."

The men are accused by the FCC of orchestrating 1,141 illegal robocalls. The proposed fine represents a $4,500 punishment for each call. 

“This massive fine properly reflects the seriousness of the allegations these two political operatives face. Mr. Burkman and Mr. Wohl allegedly orchestrated a series of robocalls aimed at suppressing the vote in the November general election," Michigan Attorney General Dana Nessel said in a statement. 

"While my office will continue to pursue the criminal case against these men, I applaud the FCC for its action today.” 

While the FCC's investigation does not specifically mention Michigan calls, it cites testimony from Burkman in the ongoing local criminal prosecution as evidence in its case. An FCC spokesman confirmed some of the calls in question went to Michigan residents. 

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This would be the largest fine issued by the FCC under the Telephone Consumer Protection Act. Wohl and Burkman still have the right to respond to the agency's allegations before any fines are finalized. 

Last year, Michigan Secretary of State Jocelyn Benson labeled the calls racist and Nessel announced several felony charges against the pair in October. 

Both Wohl and Burkman have pleaded not guilty.

Scott Grabel, an attorney representing the men in their efforts to get the charges dismissed, previously told a judge the calls are protected speech and not a crime.  

"This sets beyond a dangerous precedent, that if you’re going to punish a message like this in a robocall, it’s certainly disconcerting. If not, maybe we should all move to Russia and Syria," Grabel said. 

In a February ruling, 3rd Circuit Court Judge Margaret Van Houte declined to dismiss the charges. 

"It’s not whether they succeeded in deterring someone from voting, it’s whether they attempted to deter someone from voting. That is the language in the statute," Van Houten said at the time. 

"Certainly, the robocall itself, the language in the call could influence someone and deter them from voting by mail."

The case is set for a pretrial hearing on Sept. 21. 

Contributing: Haley BeMiller

Follow Dave Boucher on Twitter: @Dave_Boucher1.