Saturday, January 23, 2010

YES IT IS TRUE: CRIMINAL CHARGES FILED AGAINST KING ATTORNEYS

Many of you have seen the WLKY news story where I filed charges against Jim King attorneys' Amy Cubbage and Sheryl Snyder of Frost, Brown, and Todd. If not you can read about it here: Springston Files Complaint Against Kings' Attorneys - Politics News Story - WLKY Louisville
I stated a while back that criminal charges would be forthcoming against them and this is why I chose to go this route.

During the whole legal process with the KREF, Jim King, under oath of penalty of perjury, consistently stated he was told by his lawyers that it was ok to "gift" approximately $145,000 to candidate Katie King for her election.

The problem is this was knowingly and intentionally wrong. Each candidate is given a Candidate's Guide on Election Finance upon request from the KREF and this info can be found within that booklet. Check this out:

http://kref.ky.gov/NR/rdonlyres/AF6ABA31-FE52-4425-B05A-7974AAC7FEB4/0/2007GuideBook.pdf

Page 29 says that any gift of money to a candidate is a contribution. On page 31 it clearly says that a family loan that is forgiven (i.e. a gift) is a contribution. Page 42 says that you cannot contribute in the name of another after you have exceeded the 1,000 max. Page 43 says you cannot circumvent the limits.

If Snyder, Cubbage and the Kings don't know how to read the KRS, they could have just read the candidate guide. The introduction says that “whether you are a seasoned veteran or are seeking office for the first time, please study this handbook carefully.”

The reason Amy Cubbage and Sheryl Snyder are part of the issue here is simple.

On September 24, 2009, the day before the KREF hearing that found King guilty, I was given an email exchange between Sarah Jackson and Amy Cubbage that had been hidden for more than a year. This was given to me by KREF attorney, Emily Dennis, after I had already been told by her that no more correspondence would be accepted and that the case stood as submitted. Honestly I do not blame her as Snyder was playing every legal game he could to get my case dismissed. Since he kept writing so did I in answer to the maneuvers of this "crackerjack" attorney. The email I received is listed below please click it for view:





You will note that Sarah Jackson clearly states that while candidates are permitted to contribute unlimited amounts of personal money to a campaign, personal monies of a candidate have NEVER been interpreted by the KREF to include the money of “immediate families”. The law was made absolutely clear to the Kings attorneys in no uncertain terms: Simply put, you cannot gift this money.

If that is not enough, Cubbage and Snyder were paid in excess of $100,000 in 2000, by our tax dollars no less, to not only draft HB 750 which would have given anyone permission to do exactly what King did, but they also presented the case to the House in 2000 for approval.

They were denied which brings up the very relevant point of this situation.

Since Cubbage and Snyder wrote the legislation that was refused by the House and NOT made into law then they certainly knew that the law was clear and these cash gifts were illegal. Since Jim King stated under oath they gave him permission to gift this money then they clearly solicited criminal behavior.

As evidence WLKY did a news story on September 25, 2009, the day of the KREF hearing, and Andy Alcock asked Sheryl Snyder specifically on camera if his law firm gave Jim King permission to violate the law:

Snyder's response? “No. Absolutely not.”

Is Snyder telling the truth? Which is it? Did Jim King lie under oath or did Amy Cubbage and/or Sheryl Snyder intentionally advise their clients to violate the law. There can be no other way to present this. It is clear cut.

Snyder and Cubbage meanwhile have hired their own crackerjack criminal defense attorney, Frank Mascagni, who stated this:

"I am shocked that a complaint would be levied about two lawyers of this caliber especially in a criminal nature," said Snyder and Cubbage's attorney, Frank Mascagni.

The attorneys "of this caliber" have some clear cut explaining to do but opt instead to hire a criminal defense attorney. So much for cracker jack attorneys' huh.

Mascagni said an assistant county attorney reviewing the complaint said he planned to send Springston a letter suggesting he go to the Kentucky Bar Association with his complaint.

This is simply posturing it can be no other way. They can try to suggest anything they want but that suggestion will be ignored.

Since these charges are CRIMINAL in nature the courts will be the authority NOT the bar. The bar has no bearing on this situation at all and as usual all the attorneys involved know that as well. They would love the bar to get this case to protect one of their own. Snyder is a past President there.

Yep more stalling and insider tricks to get away with something.

I will not allow the County Attorney or anyone else to push this aside and not do their job. Period.

I plan on taking further action including bringing County Attorney Mike O'Connell (and any assistants') before the Prosecutors Advisory Council. I may also bring criminal charges against them for abusing their office.

Either Jim King is guilty of perjury or Sheryl Snyder and Amy Cubbage are guilty of soliciting criminal behavior. It is that simple.

We are in the middle of a Mayor's race and Jim King is a candidate. Katie King is also a candidate for judge again. This means time is of the essence. If somehow Snyder and Mascagni could review these charges and force some BS letter from County Attorney Mike O'Connell's office in less than an hour (complaint was actually filed after 3 pm on Friday afternoon no less an hour before close of business for the weekend) then surely we can get the truth before May.

Since the primary election is in May in the interest of fairness we must have the truth now. If Snyder and his legal team are proven to be the guilty party then I will be one of the first to say so. If Jim King is cleared of campaign finance fraud because of his attorneys' I will apologize to him in that regard. Wouldn’t that be the right and honorable thing to do?

We need to know who is lying NOW so that we the voter can make our choice based on facts. If this continues to drag out because of posturing by lawyers and/or the Kings what purpose is served? If Jim King were to somehow pull off a primary upset only to be found guilty of perjury later then there will be no Democrat on the November ballot as King would be disqualified. If Katie pulls off the Judge race she will be unseated and disbarred creating a similar situation.

Worse yet what if it happened after November and Jim King somehow had won the Mayor seat?

He would be unseated and the Council would then have the obligation to seat any person of their choice. Considering they cannot even give us straight answers on Cordish, transparency, and accountability, Do we really trust them with that power?

Interesting to note as well how many attorneys' have been involved in this case.

Snyder and Cubbage are supposed to be the best in this area and they have to hire criminal defense attorney Frank Mascagni to represent them? Mascagni is supposed to be one of the best criminal defense attorneys around and he doesn’t even know that this is a criminal case and that the Bar is not the proper authority?

County Attorney Mike O'Connell, who is an elected official, though he holds the job currently because he was appointed to finish this term by Jerry Abramson, thinks he can dismiss this and not permit the special prosecutor to deal with Snyder and Mascagni?

Scott Cox is now representing the Kings and maybe trying to get them a plea deal to avoid anything relevant.

Notice the common link here? All criminal defense attorneys' and so called experts. Telling in itself? You decide but it sure looks like a lot of Goliaths to me. There is one underlying fact here as well.

They have lost so far and will continue to lose because many of us believe in an old saying.

"The truth will set you free."

It is high time these folks quit distorting it, and playing with it, and focused on delivering it for everyone's sake.

Your thoughts?

6 comments:

  1. Thank goodness Larry Clark has passed his Jim King bill so all of this will never happen again. LOL Did you also see his bill that says..if you stay under $8000 you do not have to report your contributors i believe. Another waste of time...Where do this people come from? Where is help when you need it these days?

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  2. Yep I saw that as well. Clark as usual has notihng of substance to offer and will only make the problem worse. Of course since he is being led around like a puppy dog in this matter it is no surprise.

    Thanks for writing.

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  3. Keep up the good fight Mr. Springston. This is quite a timely case considering what the SCOTUS just did with their decision United Citizens v Federal Election Committee. Enough with corporations and those with money eliminating the power of the common people. It is grass roots effort like yours that will help the average joe understand how big business. unions and those with money are doing everything they can to buy elections. This is not about democrats and republicans. This is about a select few destroying the foundation that the US was founded on. If we do not root out these problems our future government will continue heading towards corporate feudalism or an oligarchy.

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  4. Itis very timely indeed but in all actuality the SCOTUS essentially let corporations in but changed nothing as far as family money is concerned on a personal level. I appreciate your kindness and please in the future address me as Ed. :-)

    thanks for writing.

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  5. To the speculation on whether Jim King lied under oath or did Amy Cubbage and/or Sheryl Snyder intentionally advise their clients to violate the law...I'd say it sure looks like the answer is D) ALL OF THE ABOVE.

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  6. I agree Curt but I am not the authority that decides it. One or the other is guilty.

    ReplyDelete

Thank you for reading LNP. Open and honest discussions of local politics and relevant issues is important to voter understanding. Please listen to the "Ed Springston Show". We broadcast Monday through Thursday evenings at 7 PM on local media outlets. Please check for the links.
Yours truly,
Ed Springston

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