Investigation finds no waste, fraud or abuse by Senate president

Montana’s legislative auditor wrapped his investigation into state Senate President Matt Regier on Wednesday, reporting no findings of waste, fraud or abuse related to the Kalispell Republican’s use of public funds to hire an outside private attorney.

The report, requested by a majority of Senate lawmakers on March 6, investigated Regier’s use of a private attorney for government work dating back to the 2023 Legislature. Legislative Auditor Angus Maciver based his findings on interviews with Regier and two legislative employees who signed off on contracts and payments related to work performed by Lakeside attorney Abby Moscatel in 2023 and 2024.

It was Maciver’s second investigation into a senator during the 2025 legislative session. He declined to release the report to the press, directing requests to Senate leadership, who held a press conference Wednesday on the Capitol’s third-floor balcony.

Speaking at that press conference, Regier characterized himself as the victim of an attack by members of his own party, specifically 2023 Senate President Jason Ellsworth, who Regier filed a waste, fraud and abuse complaint against in mid-January. On Monday, attempts by the Senate to expel or censure Ellsworth failed to clear the supermajority threshold necessary to succeed. A Senate Ethics Committee said it found credible evidence that Ellsworth failed to disclose a relationship with a government contractor he awarded $170,000 in government work. 

Regier also criticized a Montana Free Press report that examined his use of outside legal counsel. 

In his prepared comments, Regier alleged that MTFP’s reporting mischaracterized his actions, a claim that is not supported by the auditor’s findings. The legislative audit did not address the veracity of MTFP’s report, but focused solely on whether Regier’s actions violated state law or policy. 

While the audit concluded that Regier’s action did not constitute waste, fraud, or abuse, it confirmed key facts reported by MTFP, including that Regier hired a private attorney during the 2023 session using public funds at an amount that didn’t require a contract.

Montana Free Press Editor-in-Chief John Adams said the publication stands by its work.

“Our March 5 report raised timely and legitimate questions about public spending, contracting procedures, and legislative accountability — questions that were also the subject of a formal Senate motion and review by the legislative auditor. The auditor’s findings confirm the accuracy of our original reporting, which detailed the timeline, scope, and funding of the contracts in question and reflected the fact that those actions were the subject of public and legislative scrutiny. The story did not allege misconduct by any individual. It accurately reported on the public processes and policies involved,” Adams said.

Before Regier spoke, President Pro Tempore Ken Bogner proclaimed Regier the “ethics sheriff” of the Montana Legislature, praising the Kalispell Republican for reporting Ellsworth to the Legislative Audit Division and scrutinizing a “lottery loophole” that allowed a contract with the Montana Lottery to be renewed without a bidding process. 

This story was updated March 27, 2025. The original text stated, “The legislative audit did not examine MTFP’s report, but focused solely on whether Regier’s actions violated state law or policy.” While the audit did not assess the veracity of MTFP’s reporting, the auditor’s memo reads in part:  “To place the complaint in context, we examined the Montana Free Press article.” The story text has been updated to read, “The legislative audit did not address the veracity of MTFP’s report, but focused solely on whether Regier’s actions violated state law or policy.”