scheme prosecutor

SACRAMENTO  — As Xavier Becerra rose to the top echelons of power in Washington and Sacramento over the last two decades, his trusted advisor Sean McCluskie joined him at every step.

The son of a Scottish immigrant, McCluskie had a reputation as a political street fighter and his gruff style complemented Becerra’s more measured, cerebral approach.

Now Becerra is under attack in California’s wide-open governor’s race after McCluskie, 57, pleaded guilty in December to stealing more than $200,000 from Becerra’s campaign account.

The charges were part of a broader scandal that implicated or brushed up against some of Sacramento’s most influential Democratic political advisors, a scheme prosecutors allege included payments, bank fraud and an FBI sting operation that swept McCluskie’s incriminating private conversations and texts into evidence.

Rivals in the California governor’s race have seized on the case to question whether Becerra, one of the front-runners in the contest to succeed outgoing Gov. Gavin Newsom, is fit for office and could be swept up in the case.

“We can’t have someone who is running as a Democrat who could run into legal difficulties,” said candidate Tom Steyer, who is close to Becerra in the polls.

Becerra has not been accused of wrongdoing, and prosecutors’ court filings describe him as a victim. He told The Times that he cooperated with investigators, including appearing before the grand jury.

“Sean was as close as any staffer that I’ve ever had,” Becerra said in an interview last week, describing how McCluskie moved across the country twice to work for him.

He added that he’s “racked” his brain to understand the case involving McCluskie and his longtime political consultant, Dana Williamson, both of whom he described as “very highly accomplished people.”

Williamson, who also served as Gov. Gavin Newsom’s chief of staff, was indicted in November. She had refused to cooperate with federal investigators and pleaded not guilty, but recently discussed a plea deal with prosecutors. A court hearing is set for Thursday, according to court filings.

An agreement could unearth more details about the case in the coming weeks, a possibility not lost on the Democrats and Republicans running for governor.

Former Orange County Rep. Katie Porter, one of the Democrats who has watched Becerra’s rapid ascent in the race, said in a CNN interview Monday that California can’t risk having Becerra in the race with the specter of the ongoing criminal case.

She acknowledged that “I do not have the facts” about the case, but said if Becerra were to finish in the top two in the June 2 primary and then be indicted by the Trump administration’s Department of Justice, a Republican ultimately could win the governor’s race in November.

“Secretary Becerra cannot and has not guaranteed or promised the people of California that he will not be named as a co-conspirator and indicted,” she said.

Other candidates, and reporters, have questioned whether Becerra had a blind spot in trusting McCluskie.

Appearing on Fox40 News last year, Becerra likened the criminal case to being “married for 20 years” and “all of a sudden you find out that your spouse has been cheating.”

According to prosecutors, McCluskie, Williamson, and another consultant skimmed $225,000 from one of Becerra’s dormant campaign accounts and funneled it to McCluskie through various entities.

McCluskie, who declined to speak to The Times, sought the money because he’d taken a pay cut after joining Becerra in Washington when Becerra became Health and Human Services secretary in 2021, according to prosecutors.

And unlike Becerra, he didn’t move full-time to D.C., and was splitting his time between the nation’s capital and California, where his family lived.

On a phone call recorded by the FBI in 2024, McCluskie talked about the scheme and told a consultant, “This money you guys are giving me is helping me fly back and forth to D.C. and live there half part time.”

Becerra, in an interview, said McCluskie never mentioned his money problems. The pair worked together when Becerra served in Congress and as California attorney general.

After President Biden appointed Becerra to lead Health and Human Services, the pair discussed the move back to D.C.

“Even before we went to HHS, we had talked about whether we wanted to do this,” Becerra said. “We both agreed, ‘Yeah, you know, it’s going to be a sacrifice. We’re going to have to make changes.’”

Former Becerra staffers told The Times that Becerra and McCluskie were such a close team that they have a hard time imagining Becerra working in government without McCluskie.

Another former staffer, Amanda Renteria, said the two men bonded over their humble immigrant backgrounds. McCluskie’s family came from Scotland and Italy; Becerra’s relatives came from Mexico.

McCluskie relished going to battle for those less fortunate, she said.

“When Becerra became A.G., [people questioned] whether or not he had the style that could really take on Trump. If you were to meet Sean, you’d be like, Oh yeah, Sean is totally ready for a fight, he’s ready to take him on.

“That was sort of a difference with Becerra. Becerra had that fight in him. Sean wore it a little bit more,” said Renteria, a political strategist.

Becerra has faced repeated questions about his financial judgment after the criminal case revealed that he agreed to pay up to $10,000 a month to Williamson and another consultant to oversee one of his dormant campaign accounts.

The consultants charged him the fee as part of the scheme to divert money to McCluskie, prosecutors allege.

At the time, Becerra, a Biden Cabinet member, was barred from involving himself in campaign matters.

Becerra defended the payments during an interview with Fox40 last year, stating, “I was told that’s the rate I would have to pay to get someone who could manage that and make sure that I don’t have to worry about [violating any federal rules].”

Campaign finance records show Becerra had never paid such a high fee for his other accounts.

Becerra told The Times that his longtime attorney Stephen Kaufman, whom he was also paying to oversee the account, didn’t flag the payments. “I would have expected him to raise issues if he thought there was something wrong,” Becerra said.

Kaufman didn’t respond to questions about the account.

Los Angeles-based political consultant Eric Hacopian told The Times that the fees are “certainly high.”

“It’s obviously something he should’ve noticed. Either he was not paying attention, or was too trusting of these people,” said Hacopian, who isn’t involved in the governor’s race. “At the end of the day, he’s the primary victim.”

At a debate last week, rival candidate Antonio Villaraigosa pounced on the payments made by Becerra, saying that the politician “has to be under suspicion because it doesn’t pass the smell.”

Danni Wang, a spokesperson for Steyer, said in a statement, “So, which is it — did Becerra know about the illegal payments and participate in the campaign’s corruption, or was he a totally incompetent manager oblivious to what was going on underneath his nose?”

Renteria, the former Becerra staffer, said the allegations against McCluskie and others are particularly surprising given Becerra’s reputation as a “straight A student.”

“Part of it broke my heart,” she said.

Jonathan Underland, a Becerra spokesperson, said Becerra “has always been consistent and clear: Every action he took was in accordance with the law.”

“What he didn’t know — and what the FBI’s own investigation goes out of its way to clarify — is that his staff cooked up a scheme designed to deceive him.”

Becerra, in an interview, repeatedly said that he relied on McCluskie. It was McCluskie, he said, who advised him to make the payments. “I trusted him to handle the accounts,” he said.

He also said he was unaware of some of the details laid out by prosecutors.

Prosecutors said Williamson and others created a “no show” job for McCluskie’s wife, Kerry MacKay, to do work for the consultants.

MacKay never was paid, however, and the money went to an account controlled by McCluskie. MacKay, who didn’t respond to requests for comment, was not charged.

McCluskie’s plea agreement states that he told Becerra about his wife’s job with the consultants, though he didn’t tell the politician that his wife wouldn’t actually be doing any work.

Becerra, in an interview, said he didn’t recall McCluskie informing him about his wife’s work.

McCluskie’s sentencing is scheduled for June 4, two days after the primary.