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F E D E R A L E L E C T I O N COMMISSION

Washington, DC 20463

CONFIDENTIAL M A T E R I A L

HAND D E L I V E R Y
Per CRM
(b)(6), (7)(C)
Public Integrity Section
U.S. Department of Justice
New York Avenue,
Washington, D.C. 20005

Floor
Matter Under Review 6054

Deal'

Per CRM
(b)(6), (7)(C)

In response to your request on July


for additional materialsfromthe
Federal Election Commission's investigation into the reimbursement of political
contributions at automobile dealerships owned by Vernon G. Buchanan, please find
enclosed six labeled CDs containing deposition transcripts and affidavits, Commission
subpoenas, documentary evidence and responses, reports of investigation (interview
summaries), notifications and correspondence, and so forth. Please note that the
479 relate to the sua sponte submissionfromVern
documents listed under
Buchanan for Congress regarding the reimbursed contributions at
L L C d/b/a
Hyundai of North Jacksonville, which was administratively merged into MUR 6054 in
June
You also requested a list of the subpoenas issued by the Commission in this
matter, which is attached.
In view of the ongoing investigation in MUR 6054 (relating to General Counsel's
Report #3 previously provided to you) and the ongoing conciliation negotiations (relating
to General Counsel's Report #10 previously provided to you), we note that there are
federal statutes applicable to these materials. Title 2 of the U.S. Code Section
437g(a)(4)(B)(i) prohibits making public any information derived in connection with a
conciliation attempt (other than the final executed conciliation
the
written consent of the person who is conciliating with the
Title 2

FEC FOIA 2014-10-R_001

Per CRM
(b)(6), (7)(C)

Section 437g(a)(12)(A) requires all persons to keep confidential any investigation being
conducted by the
except with the written consent of the person who is the
subject of the investigation. You are advised that, in MUR 6054, no such written consent
has beenfiledregarding either provision. In all instances in which access to our files is
granted to federal agencies or authorities, the confidentiality provisions of 2
437g(a)(4)(B)(i) and 437g(a)(12) shall remain in effect. Accordingly, we ask that the
Department of Justice (and the Federal Bureau of Investigation) establish and maintain
necessary and appropriate safeguards to protect the confidentiality of files for which
access is granted and the information derived therefrom, make no public use of these files
or information without prior approval of the Office of General Counsel, notify us of any
legally enforceable demand for the files or information before complying with such a
demand, and not grant any other demand or request for the files or information absent
prior notice to, and a lack of objection by, the Office of General Counsel.
If you have any questions or need any additional information, please contact me at
(202) 694-1588.
Sincerely,

Mark Allen
Assistant General Counsel

Enclosures
Six CDs
List of Subpoenas and Responses

FEC FOIA 2014-10-R_002

-T

CONFIDENTIAL M A T E R I A L
6054 SUBPOENAS AND RESPONSES
Subpoena To

Response

Hyundai of North Jacksonville (8/19/09)

Response to Interrogatories (10/02/09)

Sam

Documents produced (10/26/09 and 11/13/09)

(8/19/09)

Vern Buchanan for Congress

Response to Interrogatories (10/15/10)


Docs 001-0356 [06/18/10 & 08/25/10 (unredacted)]
Docs 357-0482 [06/24/10 & 08/25/10 (unredacted)]
Docs 0483-1100 (08/25/10)
(10/15/10)

Vernon G. Buchanan

Response to Subpoena for Documents


Response to Interrogatories (06/16/10)
Silver Aff &
for
Brief

John Tosch (04/16/10)

Docs 00001-000061)
Docs 000062-000153 (05/12/10)
Privilege Log
updated

Rosa (02/17/10)

Response to Subpoena for Documents


Docs 10/21/09

Joseph

Deposition subpoena only

Joseph Gruters (6/11/10 & 6/15/10)

None (documents produced through VBFC)

Venice Nissan Dodge


Subpoena (08/19/09)
Follow-up Letter (10/8/09)
Donald Caldwell (08/19/09)
Jason Martin (8/19/09 & 02/17/10)

Doc Subpoena Resp. (09/21/09)


Supp. Doc Subpoena Resp. (10/15/09), (03/17/10)
Doc Subpoena Resp. (09/21/09)
Doc Subpoena Resp. (9/21/09) (03/01/10)
Doc Subpoena Resp. (bank records)
03/09/10)

&

William Mullins (8/19/09 & 02/17/10)

Doc Subpoena Resp. (9/21/09) (03/01/10)


,
Doc Subpoena Resp. (bank records) (03/03/10)

Marvin White (8/19/09 &

Doc Subpoena Resp. (9/21/09) (03/01/10)


Doc Subpoena Resp. (bank records) (03/03/10 &
03/08/10)

FEC FOIA 2014-10-R_003

CONFIDENTIAL M A T E R I A L
Jack Prater (8/19/09

02/17/10)

Doc Subpoena Resp. (9-21-09) (03/01/10)


Doc Subpoena Resp. (bankrecords) (03/03/10)

Steve

Deposition subpoena

Shelby Curtsinger (2/17/10)

No documents produced

Brad Combs (08/19/09)

Doc Subpoena Resp.

David Long (12/01/09)

No documents produced

Brodsky (12/01/09)

No documents produced; interviewed rather than


deposed

Dennis Slater (12/01/09)

No documents produced

Christina Hires (12/01/09)

No documents produced

Timothy Mobley (07/02/10)

Pre-RTB Response
Resp. to Interrogatories & Doc. Requests

(07/02/10)

Responses to Interrogatories & Document Requests


(08/31/10)

Howell (07/02/10)

Response to Subpoena for Documents

Republican Party of F L

Response to Subpoena for Documents

Express Freight of F L

Responses to Interrogatories & Document Requests


(09/03/10)

M-Tampa Financing (07/02/10)

Responses to Interrogatories & Document Requests


(09/03/10)

FEC FOIA 2014-10-R_004

FEB
FEDERAL ELECTION C O M M I S S I O N
WASHINGTON, D . C 20463

HAND D E L I V E R Y
Per CRM
(b)(6), (7)(C)
Public Integrity Section
U.S. Department of Justice
York Avenue, 12th Floor
Washington,
Re:
Dear

20005
document from closed MUR 6054 (Buchanan)
Per CRM
(b)(6), (7)(C)

We received your formal written request dated February


fbr "a copy of the
letter from counsel showing no records exist in response to F E C ' s subpoena to Kevin
of your request is attached.
response, we
you
copies of an email dated December
from Dale R. Sisco, Mr. Brodsky's counsel,
and a responsive emailfromF E C attorney Michael A.
sent the same day. The
attachment to Mr. Columbo's email is a blank Designation of Counsel form, which we
also provide. These documents are Bates stamped "MUR
Documents
000001-000003."

Associate General Counsel for Enforcement


Attachments:
Formal request for document
MUR
Documents 000001-000003

FEC FOIA 2014-10-R_005

Per CRM
(b)(5), (6), (7)(C)

FEC FOIA 2014-10-R_006

Michael
12/02/200904:51 PM

To "Dale R, Sisco"
bcc
Subject Re: Brodsky Subpoena for Deposition - MUR

Dale,
Thank you. appreciate the quick arrangements you have
The afternoon of the 16th will work for
welt. You indicated during our call that you were available after lunch on the
it is
us
convenient for you and your
we will
your office at 2 p.m.
Mr. Brodsky's participation in the informal telephone interview and subsequent submission of a sworn
affidavit based on the interview can substitute for the formal deposition in Washington, D.C. We agree
that the deposition is postponed to permit Mr. Brodskytosubmit the affidavit instead. Once the affidavit is
submitted (confirming that he has no documents and
the relevant information he provides
during the interview}, will can send you g written release from the subpoena.
in the meantime, please have Mr. Brodsky fill out and sign the attached "Designation of Counsel" form,
which gives us permission to work with you as his attorney.
Regards,
Michael
Attorney - Enforcement Division
Office of the General Counsel
Federal Election Commission
Email:

"Dale R. Sisco"
R.
To
04:19 PM

cc
Subject

Brodsky Subpoena for Deposition-

6054

This correspondence
confirm our telephone conversation earlier this afternoon. I have been
retained torepresentKevin Brodsky withregardto the subpoena
in the referenced
matter. Mr. Brodsky docs not have any
responsiveto the subpoena and does not liave
access to any responsive documents. Mr. Brodsky no longer has any interest in the
companies.

MUR

FEC FOIA 2014-10-R_007

000001

Further to our discussion, 1 have


that Mr. Brodsky
I can be available for a conference
call with you on the afternoon of December
Therefore, unless I hearfromyou to the
contrary, I will advise Mr. Brodsky that he is released from the subpoena for deposition
Washington. DC on December
will await your confirmation of
time for our informal
telephone conversation. I further assume you will initiate the call to my office at
224-0555.
Thank

for your cooperation

this regard.

Managing Partner
Avenue
Suite

electronic message, and


contents, contains
protected from
This information
for the
If
distribution use
this message prohibited.
message error,
notify us Immediately and destroy the original message and

MUR

FEC FOIA 2014-10-R_008

or otherwise
addressee, any
copies.

documents 000002

reDERAL

COMMISSION

Washington, DC 20463

of Designation of Counsel
MUR:
Name of Counsel:

Finn:

Telephone: (
Fax: {

The above named individual is hereby designated as my counsel


is authorized to
receive any notifications
other communications from the Commission and to act on
my behalf before the Commission.

Date

Signature

Name (Print):

Telephone: Home f
Business (

being sought part an Investigation


conducted by the
Election
Commission and
confidentiality

apply. This section


prohibits
public any Investigation conducted
the Federal
without
express written consent of the person under investigation.

MUR

FEC FOIA 2014-10-R_009

documents 000003

FEB
FEDERAL ELECTION C O M M I S S I O N
WASHINGTON, D.C. 20463

February
HAND D E L I V E R Y
Per CRM
(b)(6), (7)(C)

Public Integrity Section


U.S. Department of Justice
1400 New York Avenue, 12th Floor
Washington, D.C. 20005
Re: Request for document from closed MUR 6054 (Buchanan)
Per CRM
(b)(6), (7)(C)
We
your formal written request dated February
for "a copy of the
letter from counsel showing no records exist in response to FEC's subpoena to Kevin
Brodsky." A copy of your request is attached. In response, we are providing to you
copies of an email dated December
from Dale R. Sisco, Mr. Brodsky's counsel,
a responsive emailfromF E C attorney Michael A. Columbo sent the same day. The
attachment to Mr. Columbo's email is a blanlc Designation of Counsel form, which we
also provide, These documents are Bates stamped "MUR 6054-Brodsky Documents
000001-000003."

Dear

Associate General Counsel for Enforcement


Attachments:
Formal request for document
MUR
Documents 000001-000003

FEC FOIA 2014-10-R_010

Per CRM
(b)(5), (6), (7)(C)

FEC FOIA 2014-10-R_011

To "Dale R,
bcc
Subject

Subpoena for Deposition- MUR

Dale,
Thank you. appreciate the quick arrangements you have made. The afternoon of the
will work for
call
you were available after lunch on the 16th. If Is
us as well. You indicated during
convenient for you and your client, we will call your office at 2 p.m.
participation In the informal telephone interview and subsequent submission of a sworn
affidavit based on the Interview can substitute for the formal deposition in Washington, D.C. We agree
that the deposition is postponed to permit Mr. Brodsky to submit the affidavit Instead. Once the affidavit
submitted (confirming that he has no documents and memorializing the relevant information he provides
during the interview),
can send you a written release from the subpoena,
the meantime, please have Mr. Brodsky out and sign the attached "Designation of Counsel"
which gives us permission to work with you as
attorney.
Regards,
Michael A.
umbo
Attorney - Enforcement Division
Office of the General Counsel
Federal Election Commission
Phone:(202)694-1341
Email:

D0

"Dale

Sisco"
"Dale R. Sisco"
04:19 PM

To
cc
Subject Brodsky Subpoena for Deposition - MUR 6054

This correspondence will confirm our telephone conversation earlier this afternoon. I have been
retained to represent Kevin Brodsky with regard to the subpoena for
in the referenced
matter. Mr. Brodsky does not have
documents responsive to the subpoena and does not have
access to any responsive documents. Mr. Brodsky no longer has any interest in the "TM"
companies.

MUR 6054-Brodsky documents 000001

FEC FOIA 2014-10-R_012

Further to our discussion, 1 have confirmed that Mr. Brodsky and I can be available for a conference
call with you on the afternoon of December
Therefore, unless I hearfromyou to the
contrary, I will advise Mr. Brodsky that he is released from the subpoena for deposition in
Washington DC on December
I will await your confirmation of the time for our informal
telephone conversation. I further assume you will initiate the call to my office at
224-0555.
Thank you for your cooperation in this regard.
URL: www sisco law.com

Partner
1110

Avenue
Florida 33602

electronic message, and of contents,


Information which Is privileged, confidential, or otherwise
protected from disclosure.
Information is Intended for the addressee only. If you are not the addressee, any
disclosure, copy, distribution or use of the contents of
message Is prohibited. If you have received
electronic
message error, please notify
Immediately and destroy the original message and all copies.

MUR 6054-Brodsky documents 000002

FEC FOIA 2014-10-R_013

FEDERAL ELECTION COMMISSION


Street,
Washington, DC

Statement of Designation of Counsel


MUR:
Name of Counsel;
.

Telephone: (
Fax: (
The above named individual is hereby designated as my counsel and is authorized to
receive any notifications and other communications from the Commission and to act on
my behalf before the Commission.

Date

Signature

Name (Print):
Address:,

Telephone: Home (

_)

Business (

is
sought as part an investigation being conducted by the Federal Election
Commission and the confidentiality provisions
U.S.C.
apply.
section
prohibits making public any investigation conducted by the Federal Election Commission without
the express written consent the person under investigation,

MUR 6054-Brodsky documents 000003

FEC FOIA 2014-10-R_014

. ..

Cetera
FEC - (b)(6), (7)(C)

From:

kazran
Tuesday, August

4:42 PM

To:

H e l l o Vern
Thank you f o r taking the time t o speak with
today, u n f o r t u n a t e l y
will
be able t o
w i t h you tomorrow, I have meetings with Bofa and C h r y s l e r . I v a l u e
relationship
with you and
look forward t o extending our f r i e n d s h i p . At t h i s time
c e r t a i n w.e have
reached the end of our p a r t n e r s h i p , i t i s my great hope t o be able t o have a amicable,
c l e a n and speedy e x i t s t r a t e g y .
a personal note, i t i s my hope that t h i s note s e r v e s a s a
f o r future
d i a l o g with partners.
1 want t o make c e r t a i n and be on r e c o r d that
or. form, I have had no
i n t e n t i o n to have my c h a l l e n g e s become yours, f u r t h e r more i have had
ask f o r
any type of money simply because X need i t . . . When you and I spoke, My understanding was
t h a t John and I r a w i l l e v a l u a t e our c u r r e n t s t a t u s 'and come up with a s o l u t i o n that
o r help me to r e s o l v e t h i s i s s u e . . At no time
have had any reason to b e l i e v e t h i s
has been the case, I respect and agree with your concerns about the investment you had
made i n the K i a s t o r e s ,
t h e r i g h t and i t s
t o provide you with any
information t h a t you d e s i r e , I can say with c e r t a i n t y I have done t h e very best than I
can, i n c l u d i n g h i r i n g a firm t o a s s i s t I r a at 52500 per day i n the p a s t t h r e e weeks. As.
w i l l probably read the e m a i l s t h a t we have sent back and f o r t h , the l e v e l of '
f r u s t r a t i o n and disappointment has a c c e l e r a t e d to h e i g h t s unimaginable..
I am a b i g boy and 1 own t h i s
at the
l e v e l , but when my help, my guides
and my support has been nothing but u n f a i r , unreasonable
s e l f i s h o f f e r s , when I see
t h a t t h e r e i s no
nor i n t e r e s t i n the w e l l being of t h i s
when Johns best
i s to take away the K i a s t o r e s and ask me to t e l l BofA to w r i t e o f f the debt,
I
read untrue, unprofessional and u n r e l a t e d
from Steve suggesting I don't pay my
b i l l s , when I hear rumors on s t r e e t he i s d i s c u s s i n g our p r i v a t e and c o n f i d e n t i a l
when so c a l l advice f o r me i s t o f i l e bankruptcy and most o f a l l when no one
wants t o take the time to l i s t e n to the r e a l b i g problem "Dodge", when I have o f f e r e d to
borrow j u s t enough money so we can cover s a l e s tax and vendors so t h a t I can keep your
'exposure and mine as low a s p o s s i b l e , 1 even o f f e r e d to g i v e you c o l l a t e r a l on everything
t h a t I own i n c l u d i n g the l a n d
the d e a l e r s h i p y e t
c a n t seem to make any progress.... I
guess t h a t ' s l i f e .
I have a great deal of confusion because
c o n s t a n t l y reminds me he has t o speak with
yoo, yet he has not made you aware o f our d i s c u s s i o n s . . . I have g r e a t d e a l of r e s p e c t f o r
you, I am honored to have had a p a r t n e r s h i p with
but t h i s one time I
i f you
can see things through my v i s i o n .
. . .
have worked s i n c e A p r i l o f 04, when Hyundai had l o s t 500k, by A p r i l . .
s i n c e then I have done nothing but work t o pay you...a 850k cap loan from
J e n k i n s days which no one e v e r t o l d me, I paid you almost
before I began t:.o pay
150k per month and f i n a l l y pay
m i l l i o n Cor 51%, which I s t i l l pay f o r . .
I was awarded t h i s Dodge d e a l e r s h i p but because o f my agreement with you, I had to
you 51% of i t , -you and I both shook hands and agreed you would come up w i t h the c a p i t a l
and I w i l l run the
three
I paid you 300k p l u s 15k per month,
cap loan from C h r y s l e r ,
bank
not to mention I had t o take a l l the r i s k and do
a l l the work. A l l along I
thought the company had 1.400k i n c a p i t a l , when i n f a c t i t
was not the case... Our agreement
C h r y s l e r was v i o l a t e d when we committed to having
825k i n to r e c e i v e 825k
I
John copies o f bank statements to v e r i f y we
i n j e c t e d t h i s cash to show C h r y s l e r , then took
right
out
our company
was
and leveraged t o high from day
most of
my
you was broken
I asked I r a and gave him permission,

I challenged him. to go through our books and v e r i f y ,

TOSCH DEPO 000058

FEC FOIA 2014-10-R_015

90% of the n e t p r o f i t s f o r the en'tire company has gone to pay you... I cant begin to
d e s c r i b e to the l e v e l of p a i n I went through to understand my options were to A. give back
the K i a s t o r e s , 8. continue w i t h Dodge, C. f i l e bankruptcy and f i n a l l y ask BofA to write
debt on K i a
I
c e r t a i n someone from bank of America w i l l communicate
w i t h you the i r e disappointment from Johns recommendations
I have r e p e a t e d l y requested f o r us to address the i s s u e
Dodge, according to our
agreement I not only p a i d on the money I never r e c e i v e d , but the option to purchase i s
v o i d due t o d e f a u l t which w i l l make you and I both p a r t n e r s with you a t
A l l along
I have made very c l e a r my i n t e n d i s to get your name
o f the l e a s e and pay f o r
bank.. I have made John aware so long as we f u l f i l l our commitment and
the
s t o r e I w i l l be able t o have your name o f f . . .
u n f o r t u n a t e l y that has not been an option, i n f a r c t j o h n was kind enough to send me an
e m a i l on t h e
to remind me that u n l e s s the payments 'are made c u r r e n t he would no
l o n g e r d i s c u s s helping my s a t i a t i o n , when he i s very aware of our f i n a n c i a l condition,
what he d i d not r e a l i z e i s t h a t I d i d
made t h e payments, I went to my bank to get
a p e r s o n a l loan to make c e r t a i n your payments were made, I have always gone the e x t r a m i l e
f o r our p a r t n e r s h i p , I am the only one i n our group t h a t has donated over 80k to campaign
o n l y one who has been
a s I have been.
Y e s t e r d a y we came up with a plan to not only get your name o f f Dodge but a l s o get you back
p a i d you i n Dodge. 3.5 m i l l i o n to
2 k i a s t o r e s , w h i l e g i v i n g me back the money I
take
m i l l i o n exposure, pay back 1.8 m i l l i o n from dodge and get 2 k i a s t o r e s back
does not even come c l o s e t o a f a i r d e a l f o r me, but I agreed to do i t simply because t h i s
i s how much I need to complete t h i s p r o j e c t .
understand today t h i s option i s no longer a
good
I thank you coach, I r e g r e t very much to see our p a r t n e r s h i p end and d e t e r i a d i n such
m a t t e r , Sam

TOSCH DEPO 000059

FEC FOIA 2014-10-R_016

EXHIBIT

From: John Tosch


Sent; Wednesday, August 27, 2008
To: Mike
Forward from Josh

PM

- Sam Kazran's partner (and I think

See below
From: Josh [mailto:jffarid@cs.com3
Sent; Wednesday, August 27, 2008 3:23 PM
To:
Sent to you in error - please disregard
John:
Unfortunately due to most recent events will not attend the partners meeting.
is very disheartening for me to see my entire life savings go down the drain while Sam's attempt at reaching out
to you and
for an amicable resolution is delayed until as you have put it "the cookie crumbles". It is very
frustrating for me especially when look back at the amount of money that t have had to pay Mr. Buchanan for
just the Hyundai store, where am a minority owner. We have not only paid huge sums of money to
Buchanan for the Hyundai dealership but when Mr. Buchanan asked Sam for contribution to his political campaign
this dealership supported Mr. Buchanan's political campaign to a tune
$80K, some thing that was opposed to.
But what is most egregious to me is
all of the past history and how Mr. Buchanan touts himself as "helping
others get into business", now
the very person whom he has repeatedly referred to as his
return on
and "partner" would stand idly by while he is in need of help in part due to a broken agreement
investment
and obligation from Mr. Buchanan on the Dodge store. The well being of the Hyundai store has been impacted
because Hyundai had to Inject funds into Dodge due to lack of initial working capital. When the law firm of Doug
Lyons contacted us about inquiring information about the donations we
given to Buchanan campaign, Sam
adamantly discouraged any further communications wiih them.
Myfrustrationgoes to the deepest level not only with Mr. Buchanan but with Sam as well.
Sam but will not stand
while my future is
in front of me.

don't know about

Best Regards,

"Leadership is a tightrope; ethics are your balance pole"

TOSCH DEPO 000001

FEC FOIA 2014-10-R_017

EXHIBIT

Diane Mitchell
FEC - (b)(6), (7)(C)

Sent:To:

Monday, September

6:38 PM

for. ...to review

Subject:
scan0001[1]

Attachments:

KB)

KB)

(583 KB)

scan0002[1]

(2).jpg; scan0004|1]

(748

this t h i s
1 s t s e t of
checks,
gives
for
when
he doesn't even h e s i t a t e s f o r a second
me and my wife over 20k.. Maybe he can
taking part
.80k+ as
month
payment
w i f e doesn't c r y
out of
of l o o s i n g our home.
thank
f o r g i v i n g me permission to s e t a s i d e my
moral c h a r a c t e r . . .
1. 1 . 3 m i l l i o n of l o a n on Hyundai t h a t was never d i s c l o s e d nor mentioned i n agreement
2. p u r p o s l y d e c e i v i n g
i n j e c t i n g cash and t a k i n g i t r i g h t back to q u a l i f y for a
Joan, " f r a u d "
money
c a p i t a l c o n t r i b u t i o n when t h a t ' s a d i r e c t lender v i o l a t i o n 4.
m i l l i o n i n gwinette i n outstanding b i l l s p l u s i . 6 m i l l i o n i n l e a s e payments S. a
of c a p i t a l r e q u i r e d by Vern as per our agreement and manufacture requirement 6.
a t o t a l of
i n damages caused by l a c k of c a p i t a l i n companies t h a t Vern
c o n t r i b u t e d 7. major reason f o r
l o s s o f 423 employees and t h e i r f a m i l i e s because I
m
ade a bad d e c i s i o n s and b e l i e v e d Vern at h i s word
8. I am s u r e the other 5 p a r t n e r s can add on to t h i s l i s t . . . .
d i s s o l v e our p a r t n e r s h i p
....
Vern wants to t a k e K i a s t o r e s i t
w i l l be
what's not o p t i o n a l i s gwinette.... based on ray agreement the best way t o r e s o l v e chis i s
t o go back t o what we
i s owed 10k per month as a p a r t n e r , a l l other money needs
t o be p a i d
to
t h a t i s done we both can work t o g e t h e r and d i s s o l v e the
company as p a r t n e r s
other option i s w a i t u n t i l tomorrow to f i n d out i f

FEC - (b)(6), (7)(C)

FEC - (b)(6), (7)(C)


S e n t : Mon, 8 Sep 2008
S u b j e c t : check copies
have,.

Thank

to f a i l

Looking f o r
TV.

reviews on the new

TV season? Get

u l t i m a t a quids

I
DEPO 000028

FEC FOIA 2014-10-R_018

FEC - (b)(6), (7)(C)

FEC - (b)(6), (7)(C)


From:
Sent: Wednesday,
2008 6:44 PM
To: kazranFEC - (b)(6), (7)(C) Roger
Cc:
sdh@huttonlawfrrm.com; rprosser@srbp.com
RE: Draft Term Sheet
One
though, We have not discussed payment method for Kia at the avenues, when ! spoke wi.th
John he said it will be very flexible, obviously we will not have any interest, we would have to have a
7yr payback with no prepayment penalty,! would suggest we have a bonus for early
it is
imperative to have low, low payments the 1st year..
thanks
Sam
FEC - (b)(6), (7)(C)
From:
To:
Cc: jpost@smithhuIsey.com; sdh@huttonlawfirm.com; rprosser@srbp-.com
Sent: Wed, 1 Oct 2008 6:33
Subject: RE: Draft Term Sheet

Ok,

believe Jim will be out, He has been working around the clock so he needs a break.. Just a .
other is a bill for him and also
prosser who is the attorney in
he worked on
alterative for bankruptcy and reorganization.. will have them contact
here are some changes
that need to be made

oversee of Ira Sliver should be for Kia buy/sell, although have no objection to him seeing
gwinnette, want to make certain the committed amount does not chaiige, as you know have
the termination o f franchise, as a resuft had to pay over 100k in rebate audit', sales tax and many more bills, most of which had to be paid through
and other stores, overall bills are well over
million. Agreement was J
from all
with respect to Dodge and handle

TOSCH DEPO 000048

FEC FOIA 2014-10-R_019

Hendrix lease,
3.

others are my responsibility

loan should be less than 800K,


need to get the exact balance, keep in mind
of this note, the rest went to auto central services

paid

4. Collateral for Hendrix lease and


bank has to be limited to Hyundai and its assets, will not be
able to ask any partners nor pledge the 22 acres since we are selling it to DOT, this also has to be
second behind BofA
any new lender obviously. would have no issue with collateral in case of
default so long as its for the balance I owe Vern
excess obviously will not go to him
5. It would be
responsibility to obtain financing
property and approval from manufacture,
should he fail to do that, would not be responsible, will however give him any cooperation he
needs.
6. We need a clean APA for Kia at the avenues, would suggest we remove that from the
have a separate agreement, will not need Kia approval since l am already a dealer

and

7. Vern had mentioned he woufd want to reimburse t h e stores a bill that he and spoke of, the
' amount is $83500, He has copies of 52k, if he likes can get the rest or he can verity through his
record, This was at his request,
8. outstanding balance for Jim post and Richard prosser, both of which worked on Kia and
Reorganization options
9. The only thing was not
to get by BofA is the used cars
Atlantic, other is a total o f 1.3
million, i have researched them fully and other is a maximum of
if all were to be liquidated at
auction tomorrow, the average recon was over $800 per units and they are all retail pieces, I can go
over them with
one Vern chooses
Thank you
Sam kazran

Roger
<rgannam@lindellfarson.com>
To: kazranFEC - (b)(6), (7)(C) ; Roger Gannam <rgannam@!indellfarson.com>
Cc:
Michael Lindell
<mdamewood@!indellfarson.com>; Lisa Montesion
john@buchananautogroup.com
Sent:
1 Oct 2008 5:51
RE: Draft Term Sheet

Michelle

Subject to
counsel's agreement, mark through and
you say the terms are different,
and I'll present it to my clients. I'll need to hear from your counsel before can advise my clients that
the revised terms are binding.
(Sent wirelessly>
Roger K. Gannam
Lindell & Farson, P.A.
12276 San Jose Boulevard, Suite 126
Jacksonville, Florida 32223-8630
(904) 880-4000
2

T O S C H DEPO 000049

FEC FOIA 2014-10-R_020

(904)
FAX
rgannam@lindellfarson.com

From: Sam Kazran FEC - (b)(6), (7)(C)


Sent: Wednesday, October 01, 2008 5:39 PM
To: "Roger Gannam"
Cc: "Jim Post"
"Michael Lindell"
"Michelle
"Lisa Montesion"
Subject

Term Sheet

Hello Roger

! just got off the Phone with Vent, he verified the 2 2 a c r e land would not be a.part of this deal since
we are selling of to city. Second part is oversee of
Silver, other is no issue with that on Kia on
Atlantic, however
to make certain other is a clear understanding that the total dollar amount
does not get reduced from Gwinnett, as you know w e have been out of trust to pay sales tax, and
close down gwinnette, Sam
Sent from my iPhone
On Oct 1, 2008, at 5:02 PM, "Roger Gannam" <rgannam@iindeilfarson.com>
wrote:

Jim, attached is the draft term sheet. My clients have already agreed to the terms, but have
forwarded it to them for final ok on the form.
' I'm sending to
at
Same time 'for the sake o f efficiency. am also copying Mr. Kazran
because he called us and asked us to send it directly to him.

forward you the signed term sheet as soon as

have it from my clients.

Regards, Roger

Roger K. Gannam
Lindell & Farson, P.A.
12276 San Jose Boulevard, Suite 126
Jacksonville, Florida 32223-8630
(904) 880-4000
3

TOSCH DEPO 000050

FEC FOIA 2014-10-R_021

(904)

FAX

<mailto:rgannam@lindelifarson.com>

rgannam@lindel!farson.com

<http://www.lindetIfarson.com/> www.lindellfarson.cofn

This email contains PRIVILEGED AND CONFIDENTIAL information intended only


use of the
addressee(s) named above. If you are not the intended recipient of this email, or an authorized
employee or
for delivering to the intended recipient, you are hereby notified that
or copying of this email is strictly prohibited. If you have received this
any
error, please notify us by reply email and delete this email from your
Thank you for your

<Kazran.term

sheet.10.01.08.pdf>

TOSCH DEPO 000051

FEC FOIA 2014-10-R_022

Lindell

P.A.

Attorneys and Counselors at Law


12276 San Jose
Spite 126
Jacksonville, F L 32223-8630
Fax: (904)8804013
R. Howard Walton

J . Michael Lindell
Board

Roger K . Gannam

October
A.
in

Via
to:
Sam Kazran
James H. Post, Esquire
Smith
&
225 Water Street, Suite
Jacksonville,
32202
RE:

CONFIDENTIAL S E T T L E M E N T
COMMUNICATION

R E V I S E D Binding Settlement Term Sheet

Dear Mr. Kazran:


The purpose of this
is to confirm
resolve existing claims among them with

terms upon which our clients have agreed io


and current business relationships.

The core terms agreed upon are as follows:


Within 48 hours of the
of this agreement, i 099 Management
Co., L L C , a Florida limited liability company
into escrow with ihe law
of Lindell & Farson, P.A. the total sum of $2.9 million (ihe "Escrow Amount") lo be applied as
provided below.
this
million
paid by
at closing for the purchase of
2.
the assets of Premier Automotive on Atlantic,
Premier Automotive
the Avenues, L L C ("Premier Avenues") and Premier Properties on Atlantic, L L C ("Premier
Properties") including, bur not limited to, all rights of those companies to conduct business as a
Kia dealership at the addresses of
Atlantic
and 1.0845 Phillips Highway,
Florida and specifically including all real
parts inventory, fixed assets and all new,
previously undelivered, 2008 Kia automobiles (with
5.000 miles thereon), free and
clear
and encumbrances whatsoever.

T O S C H DEPO 000066

FEC FOIA 2014-10-R_023

Sam Kazran
October
Page 2 of 5

3.

conditions to the closing upon

purchase of the foregoing assets are:

(a)

Approval by the Kia manufacturer;

(b)

Approval by the first mortgage


with respect to the existing
mortgage on the 9401 Atlantic Blvd. real estate; and

(c)

Clear title to
assets being conveyed (with the exception of the existing
first mortgage on the real estate.)

4.
Out of the Escrow Amount, $1.6 million
be applied, under the oversight of
Ira Silver, C P A , to retiring the obligations of Premier Dodge and
L L C , including
without limitation all obligations for floor plan sales out of trust and outstanding federal and state
lax liabilities related to the Premier Dodge operation, which out of trust and tax liabilities will be
satisfied before any other Premier Dodge liabilities. You. Sam Kazran. agree to bold Buchanan,
and any other businesses or entities affiliated with
harmless for all.damages. as well
as
costs, associated with all obligations arising out of the Premier Dodge dealerships
(hereinafter the "Premier Dodge Liabilities").
5.
The balance of the Escrow Amount in
sum of $200,000 is earmarked as a
reserve account to be applied to any remaining obligations to the lessor of the automobile
dealership facility located in Duiuth, Georgia and currently occupied by the Premier Dodge
Dealership. Upon full satisfaction of that obligation, you, Sam Kazran, will be entitled lo receive
any balance remaining on hand in that reserve account. Should satisfaction of the obligation to
the- lessor require an amount greater than deposited into this reserve account, Kazran agrees to
Buchanan,
and any other businesses or entities affiliated with them, harmless for all
damages, as
as defense costs, associated with final resolution of
obligation (hereinafter
the
Lease Liability").
6.
Provided
timely advances the Escrow Amount
by paragraph 1
above, and otherwise tenders
performance hereunder, within 48'
of the complete
execution of this agreement you, Sam Kazran, will cause all
against
G.
Buchanan ("Buchanan"), 1099 and any of their affiliated businesses
entities t'o be immediately
dismissed with prejudice and within that same time frame will furnish a copy of the notices of
dismissal that have been forwarded to the respective courts for filing.
7.
With respect to the existing working capital loan incurred in connection with the
operation of the Premier Dodge Dealership in
Georgia payable to
& Bank in the
approximate principal sum of $800,000 under which Buchanan and one or more of his related
entities may be obligated, you, Sam Kazran, agree that this obligation will be kept current with
the lender and that you will hold Buchanan and all of his related businesses and entities harmless
for
damages as
as defense costs
with that loan (the "Gap

TOSCH DEPO 000067

FEC FOIA 2014-10-R_024

Sam Kazran
James Post, Esquire
October
Page 3 of 5
ft.
Within ninety (90) days of the full execution of this agreement, you, Sam Kazran.
repurchase from 1099 the assets of the Kia dealership located at
Phillips Highway,
Jacksonville, Florida
the total sum, at
of $1 million, payable by promissory note
bearing interest at the rate 6%, with a term of 42 months, interest-only payments
for the
first 12 months, principle and interest payments due for remaining 30 months calculated based
upon a 5-year amortization, and balloon payment due for all remaining principal and interest
after
months (the
Kia Note").
will retain a purchase money security
the dealership assets. The conditions to the closing of
will
(a)

Approval by the Kia manufacturer; and

(b)

Clear title to all assets which shall specifically include the new parts
inventory, all new ears (subject to floor plan) and all fixed assets.

9.
With respect to the required approvals by the Kia manufacturer contemplated by
paragraphs 3 and 8 above,
parties agree that they will
and in good faith, take all
steps necessary, within their control, to satisfy the requirements o f the Kia manufacturer for
approval.
10.
Provided you. Sam Kazran, fully perform hereunder, the promissory note dated
December
2006 in the original principal sum of $700,000 under which you, your
Gwinnett, LLC and
LC
listed as makers, will be deemed fully paid and satisfied.
order to secure your obligations under the
Lease Liability, the
Premier Dodge Liabilities, the Cap Loan
and the Avenues Kia
as defined above,
you, and any of your related or affiliated businesses will grant no
than a second priority,
enforceable security interest in the following described collateral no later than the first
disbursement of escrow funds as contemplated above:

(a)

All assets used, or to be


in connection with
business of Hyundai
of North Jacksonville both at its current location and at its anticipated new
location in the vicinity of interstate
Broward Road, and Dunn Avenue.

(b)

All real estate owned by you, Sam


LLC, Jacksonville
Auto Mail, LLC, Aram Askarifar, and any other person, at the
location of Hyundai of North
excluding the adjacent 22 acres
(tax parcel no.
referred to during our negotiations; and

(c)

All rights you, Sam Kazran, or any of your partners or affiliates


operate as a Hyundai dealer in the North Jacksonville area.

(d)

counsel, mutually agreeable to the parties, will provide an opinion


that the security interest described is enforceable
to its terms.

to

DEPO 000068

FEC FOIA 2014-10-R_025

Sam Kazran
c/o James H. Post, Esquire
October
Page 4 of 5

2.

Further conditions
(a)
(b)

the disbursement of the Escrow Amount are as follows:

execution of the Affidavit attached hereto as Exhibit


provision to Buchanan and
of written verification from
Bank of America that, as a result o f the parties executing these settlement
provided
Escrow Amount is disbursed in accordance
terms,
herewith, Bank of
will allow Hyundai of North Jacksonville to
continue its operations and
loan additional working capita) for the
operation of

The parties contemplate that


agreements
among them
implementing these terms. Those agreements will include a release of claims by Kazran and
his affiliated interests against Buchanan and his affiliated interests by reason of any known or
unknown set of facts arising before this date except for the obligations assumed under this
settlement. Likewise, assuming performance, .by_
Buchanan
his affiliated interests
will release Kazran and his affiliated interests from all claims other than those contemplated by
this agreement,
' The parties agree ( I ) that the terms
this settlement will be kept strictly
confidential except where its disclosure is necessary in order to secure approvals from persons
whose
is essential to accomplishment of the transactions described herein (2) not to
disparage one another and to report to any
inquiry that "all disputes have been
salisfactorily resolved;" and (3) not to
litigation against one another, except
to enforce the terms of this settlement.
Please indicate your

to the.se. core terms by signing in the spaces provided

below.
Sincerely,

Roger K.

[Signatures appear on the following

TOSCH DEPO 000069

FEC FOIA 2014-10-R_026

Sam Kazran
James
Post, Esquire
October
Page 5 of 5

SAM KAZRAN
Individually and on behalf of Premier Avenues,
Atlantic,
Properties, Gwinnett,
LLC,
L.C. and other businesses and
entities controlled by

MANAGEMENT CO, L.L.C.


By: John
President

TOSCH DEPO 000070

FEC FOIA 2014-10-R_027

Affidavit of Sam Kazran

Sam Khazrwan

Sam Kazran, under penalty of perjury, state that to the best of my knowledge:
I have been the person in charge of the operations of the automobile dealerships known
as Premier Dodge ("Premier Dodge") which is owned by Gwinnett, LLC, a Florida
limited liability company and Hyundai of North Jacksonville ("Hyundai") owned by
}
LLC, a Florida
liability
during all periods relevant to the
set forth below.
Vernon G. Buchanan ("Buchanan"), directly or indirectly through
Co.
L.L.C., a
limited liability company, had an economic ownership
each
dealership, although Buchanan's economic arrangements, and continuity of ownership, in
each dealership changed over the years of my
Due in part to the economic circumstances that existed in the automobile industry, each
of these dealerships experienced a financial downturn, and certain amounts that I,
the
respective dealership, owed Buchanan or entities controlled by him were delinquent in
payment, and the relationship between Buchanan and me deteriorated because of such
delinquencies, commencing primarily in early 2008.
During the course of tense and somewhat hostile negotiations between my lawyers and
me, and representatives for Buchanan, advised a representative of Buchanan that one or
more of the dealerships of which I was in operational
had reimbursed certain
individuals who had contributed to
Buchanan for Congress campaign.
Before September, 2008 neither nor to my knowledge, any other person who had ever
advised Buchanan or any of his representatives had any infonnation that one or both of"
the dealerships referred to in 1 above reimbursed certain individuals for contributions
to the Vernon G. Buchanan for Congress campaign.
Since my relationship with Buchanan first commenced, attended various meetings of
other general managers or "partners" of Buchanan who were involved in other
dealerships in which Buchanan, or companies controlled by him, had a direct or indirect
ownership interest. At no time was there any statement or any form of encouragement to
rfiake a campaign contribution based upon a threat of job discrimination, financial
reprisal, or other detriment for failure to make a contribution
disseminated or
suggested by Buchanan, a Buchanan representative or anyone under his or their
direction. Furthermore, there never was a discussion, statement or other action which
would have implied that a person who made a contribution to the
G. Buchanan
for Congress campaign would be reimbursed by someone or would receive a special
benefit.
No one has advised me that Buchanan or any representative
knew any intention,
plan or arrangement by anyone to make a reimbursement, directly or
to a
person in exchange for making a contribution the Buchanan for Congress campaign.

EXHIBIT A
TOSCH DEPO 000.071

FEC FOIA 2014-10-R_028

fc8.

consent fo Buchanan filing this Affidavit with


Federal Election Commission and
using information contained herein in connection with campaign for
matters.

Sam Kazran

STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, day of October,
by Sam Kazran. He is personally known to me or has produced
as

(SEAL)
Notary

of

Commission Number:

A
DEPO 000072

FEC FOIA 2014-10-R_029

kazranFEC - (b)(6), (7)(C)


Sunday, October

From:
Sent:
To:

EXHIBIT
4:33 PM

Re: (no subject)


Subject:
p ublic
Attachments:

public

I have done my b e s t to s t i c k w i t h f a c t s , I understand t h i s may not be t h e best thing f o r


Vern a t
time, I hope you do not take t h i s
r e a d i n g many a r t i c l e s o n l i n e
which has untrue statements, s p e c i a l l y che ones t h a t r e f l e c t on my C h a r a c t e r
damaging
t o both
and ray b u s i n e s s .
I hope t h i s does not change Verns p o s i t i o n w i t h r e s p e c t to h i s o f f e r t o s e t t l e t h i s
m a t t e r . Moving forward, to p r e v e n t more p u b l i c i t y , I would a l s o ask f o r my name and
company t o s t a y out o f Verns campaign i s s u e s .
I don't b e l i e v e i t s p r o d u c t i v e .
U n l e s s you have any
w i l l be sending t h i s statement to Mrs. J e n n i n g s s and
the r e p o r t e r s who have been c o n t a c t i n g me, I look forward t o t a l k i n g t o you soon Sam
kazran
Original
FEC - (b)(6), (7)(C)
From: Sam Kazran
To: John
S e n t : Sun, 5 Oct 2008 10:47 PM
S u b j e c t : (no s u b j e c t )
H e l l o John
I was on the I n t e r n e t today and saw my name mentioned i n connection w i t h the complaint
f i l e d by Vern. I a l s o read t h a t
had s i g n e d a sworn statement i n which you s a i d , Mrs.
J e n n i n g s has motivated me to f i l e a l a w s u i t , i t a l s o s a i d I t o l d you
am meeting Mrs.
j e n n i n g t o t a l k about Vern. Would you p l e a s e v e r i f y i f t h i s i s c o r r e c t ? I s i t p o s s i b l e f o r
me t o s e e t h e statement you have signed? I remember having a d i s c u s s i o n about the
m u l t i p l e i n d i v i d u a l s who have
but t h a t was The a t t o r n e y Doug Lyons and
from e t h i c s
not r e c a l l
anything
ray
u n d e r s t a n d i n g that they would l i k e t o speak to me regarding t h i s matter, do you have any
i d e a what do they want to t a l k about? I would r e a l l y p r e f e r t o s t a y out of any p o l i t i c a l
media. I am s u r e they are going t o use anything I say against Vern and I don't want to get
involved.
P l e a s e c a l l me on t h i s matter i f you want me
s a y anything
when Vern c a l l e d
me l a s t week, he s a i d i f t h i s r e p o r t e r who's been c a l l i n g me, c a l l s back again j u s t l e t
know t h e r e was
misunderstanding. I w i l l do
before I s t a r t ray day.
I t h i n k i t s b e s t I f I or maybe even both of us t o
or w r i t e to
Jenningss and
a p o l o g i z e , I can t e l l her t h a t Vern and
have a good r e l a t i o n s h i p and t h a t we simply have
d i s p u t e , t h i s may stop them from chasing me down to f i n d out what were my motives, and
why d i d I b r i n g up h e r name when she has never spoken to me before.
a d i f f e r e n t note I c a l l e d Vern to

him know I wouldn't be able to

see him a t 9. I have a meeting with


a t 10am, We need to make
changes we d i s c u s s e d
so I can Save these stored, I f I
t h i s done before my meeting, they w i l l not work
or g i v e us another
a reminder on che changes we t a l k e d about..
1. I f b o f a has a problem with second p o s i t i o n we need to have a d i f f e r e n t p l a n t h a t ' s good
f o r Vern
f i n a n c i n g f o r the A t l a n t i c s t o r e i s Verns r e s p o n s i b i l i t y and i t should

TOSCH DEPO 0'00052

FEC FOIA 2014-10-R_030

not be a c o n d i t i o n of
agreement
l a w s u i t s drop a f t e r bofa r e c e i v e s
of
course I w i l l have w r i t t e n conformation from
r e l e a s i n g l i a b i l i t i e s and c l e a r t i t l e )
t h a t i f Vern doesn't g e t financing f o r A t l a n t i c property deal can be o f i
I s t i l l have to drop the s u i t , 1 am sure he was misunderstanding. I t o l d him as long
:.
do my p a r t then Vern has to
his
4. J i m and R i c h a r d p r o s s e r w i l l be working i n r e s t r u c t u r i n g the remaining debt and we
to pay them, i f you want 1 c a n t a l k t o Vern about t h a t , t h e b i l l so f a r i s 35k, they say
i t would be around 75k t o t a l . . .
5. Vern and I w i l l
t h e l a s t part without a t t o r n e y s , I t h i n k I have a suggestion
that w i l l make him
out a check f o r a l l the amount, I have about 70k
t r a c k e d down t h e r e s t are' c r e d i t c a r d s , i f he wants t o v e r i f y , I have t o c a l l
campaign
t o a s k her f o r d e t a i l s , i f you c a n have someone do t h a t I would a p p r e c i a t e i t .
I have e v e r y t h i n g prepared t o move f a s t , i n f a c t i t s b e s t t o have Mike
Bofa d i r e c t on Tuesday.
I t s a t o t a l of 1.5 m i l l f o r 3 s t o r e d , We also have a t o t a l of 1.1
which 840k i s f o r KIA and g w i n n e t t . .
mind I have a guy f o r

f o r .500k.

w i r e Sots to
s a l e s t a x or

a f i r m o f f e r , he i s a

good o p e r a t o r and has 150k c a s h . Vern can do


a n d s e l l him t h e s t o r e , i f the d e a l
doesn't go down I w i l l s t i l l buy
( just a suggestion).
Sam
Sent from my

TOSCH DEPO 000053

FEC FOIA 2014-10-R_031

PUBLIC ANNOUNCEMENT

This statement being submitted in order to clarify certain statements and allegations
that Sam Kazran, have been encouraged, involved or engaged
or held
any discussions with Mr. Buchanan's political rival Mrs.
in fact there has been
John Tosch, President of Buchanan Enterprises that I have
an affidavit provided by
had
with Mrs. Jennings and some how the law
which brought
against Mr. Buchanan was perpetrated encouraged by the-Jennings campaign.
would like to state for the record, t
dispute these allegations and
statements. Nor
any one associated with me and my organization, have ever had any
any meetings' with the
campaign
respect to Mr. Buchanan;
"discussion,
no one from Jennings campaign has ever
to contact us or has had
any knowledge of the pending law
against Mr. Buchanan.
For the record, J have a
legal dispute against Mr. Buchanan. accordance to
instant law suit has arisen, the venue for any .
the terms of our contract, from which
legal action is set in Sarasota County. The law suit and its claims are a matter of public
record and they involve allegation of fraud, lender law violation and misrepresentations.
For Mr. Buchanan, his associates or campaign to suggest that am somehow motivated by
Mrs. Jennings in order to damage his campaign is utterly absurd to say the least.
Sometime in August, Mr. Buchanan and I held a meeting at his office in Sarasota, with
counsel for both sides present, In order to amicably resolve our disputes.
the
conclusion of this day
we reached what appeared to be a mutually
acceptable
However, within a couple of
this meeting, Mr. Buchanan
filed a barrage of surprise taw suits in Jacksonville, FL against
personally as
as
suits were only served in
corporate entities that both Mr. Buchanan and 1 own. These
Jacksonville to preempt our
in Sarasota. Since the filling of these law suits in
Jacksonville, the presiding Judge has made a ruling in our favor; his ruling is a matter of
public record. Both my legal counsel and continued our discussion
Mr. Buchanan
to reach a settlement. It is note worthy that in fact Mr. Buchanan strongly
not to file a lawsuit in Sarasota to avoid more publicity and went as far as offering me
towards hiring a legal counsel In Jacksonville, FL 1 agreed to bring
suit
against him In Duval County Instead of Sarasota County.
1 am setting the record straight simply because despite Mr. Buchanan's advice to me in
various discussions we have had, both telephonically and in person, prior to filling our law
suit in Sarasota, in which he asked for assurance to have a professional dispute without
any
or discussion regarding campaign contributions, a point in which
agreed to. However, by his recent actions and his associates misinformed claims of
collusion with
campaign, he has chosen to drag me into his political campaign.
have been diligently working towards a resolution of our disputes, however, 1 was
flabbergasted when, to everyone's surprise; including my legal team, he along with bis
legal team amended an already agreed upon settlement even counter signed by Mr.
Buchanan with a sworn affidavit from me pertaining to campaign contributions. Mr.
Buchanan has made the signing of this
by me the central stipulation to any
t will be consulting with my legal council to identify whether or not we can
share those
publicly without violating any confidentiality agreements.
As for Mr.
affidavit, It does not
picture. have had many
discussions in the past regarding individuals who are interested in talking to me. during

TOSCH DEPO 000054

FEC FOIA 2014-10-R_032

of those discussions I tofd Mr.


J have always avoided and. Instructed my team to
bad publicity for Mr. Buchanan, also told him moving forward If anyone wants
to talk to me f wilt
they have to say,
my belief Mr.
has either
misunderstood or does not have a clear recollection of
discussions.
Once again to make absolute clear at no time have f'been contacted by Jennings nor have
had any encouragement from her campaign in any way, form or fashion. Furthermore,
clarify any misinformation my legal counsel in Sarasota, Mr. Steven Hutton was referred to
me by a colleague in Jacksonville.
Hutton has at no time spoken to me with respect to
Mr. Buchanan's campaign and in fact He has
advised me not to get involved
any discussions of this matter and has focused solely
the merit of my case against Mr.
Buchanan..
having to create any negative
for Mr. Buehanan nor do I have any political
agendas, i wish Mr. Buchanan
in his campaign and
to focusing on the
facts surrounding my case. My hopes are that Mr. Buchanan does

TOS.CH

FEC FOIA 2014-10-R_033

000055

Herzig
Mark
FEC - (b)(6), (7)(C) m]
Monday, June
2009 10:28 AM
Brian Z. Herzig; Mark
Sam's text

Subject:

Hi
Got your message
This b a l l has already began to

being s a i d . .

sarasota tribune
And John
post
Are getting clearance from t h e i r l e g a l department.
OWN

are n i c k i n g t h i s up as we

and subpoena notices are


and
their
f i l e d next week. I think yqu saw the rough d r a f t of the f i r s t

t h a t w i l l handle that case i s :


The main Case w i l l be f i l e d by Morris
On Tuesday I have an appointment
Melinie Sloan a t C i t i z e n s f o r r e s p o n s i b i l i t y and
e t h i c s i n Washingon (CREW) and Jack
a t Federal e l e c t i o n Commision.
I'm sure

t a l k once Vern takes me s e r i o u s l y .

Sent from my iPhone

FEC FOIA 2014-10-R_034

10-18-10
Good afternoon Mark
As
may already know, I've
by F E C regarding campaign
a determination
contributions made to Mr. Buchanan for congress. The F E C
that 11-2001 LLC violated the rules set forth by Federal election commission.
strongly disagree with some of the allegations made, nonetheless they Have made a
settlement proposal as an alternative to formal complaint filed against
LLC
federal court. F E C has offered to settle and consider this matter closed based on a
consent agreement which includes a fine of 136K.
I've disclosed to FEC that provided Mr. Buchanan accepts responsibility for any
fine imposed by F E C , and agree to pay back to the moneys
in connection
Contributions to
would not oppose a settlement resolution. Moreover, would
do my best to negotiate down the penalties set forth by F E C . In addition,
the
settlement proposal as the current managing member of the corporation. Based on my
discussions with F E C , this is the only method to avoid legal action. .
am process of making
to
propose consent agreement. Prior
making any final decision, must understand Mr. Buchanan's position this matter. My
proposal
the following:
. A. Mr. Buchanan-would
funds
to VBFC
to
LLC.
B. Mr. Buchanan pays any penalty imposed by F E C .
C. Mr. Buchanan will cause Vern Buchanan for Congress to disgorge the contributions
received to the US Treasury.
is my preference to avoid any litigation with F E C . Particularly as these matters
will require costly legal representation. As such, I would request that Mr. Buchanan
aqree to resolve and satisfy FEC's demands in an amicable way. Moreover,
request that Mr. Buchanan return the funds to the corporation as promised. Please be
informed
Mr. Buchanan has made specific representations with respect to the
return of funds paid to VBFC. The company must satisfy its
tax, payroll, utilities
and various other obligations. Mr. Buchanan gave me his word that these funds would
be paid back on more than one occasion.
Most recent was in Sept 2008, (the day we met at his office with Mr. Hutton and
Mr Lindel) Mr Buchanan words were"we need to give this money back and delete it
from contribution
In that same meeting, Mr. Buchanan made representations
that he would agree to a 50k payment to be used in connection with legal representation
provided agree to retain counsel in Jacksonville. Based on Mr. Buchanan's
representation, Mr. Lindel referred me to Smith Husley and Beasley in Jacksonville. To
this date Mr. Buchanan has not fulfilled his commitment.

FEC FOIA 2014-10-R_035

Mr.
refusal to
matters will leave me no choice but to
initiate legal action on an immediate basis. I've attached the complaint that will be filed
against Mr. Buchanan in the event resolution is not made. F E C has indicated that
deadline for resolution is October 27th. As such, absent of an immediate answer will
file a complaint against Mr. Buchanan in 48 hours.
not commingle the foregoing with the ongoing
am hopeful Mr. Buchanan
settlement discussions taken place in
few months. These issues are unrelated and
should be viewed in that matter. Mr. Buchanan's decision to
these issues
last time resulted in major castastrophe, destruction of the entire company and
additional complaints filed with court.
would ask that these issues remain separate and not become a condition of one or
the
maintained a professional attitude and have acted in good faith in
resolving my legal dispute with Mr. Buchanan. have
the entire company as a result
of Mr. Buchanan's actions, both in terms of removal of moneys from company and filing
appoint receiver (which gave rise to boa's declaring a default), and Mr.
Buchanan's breach of contract in October
In the past, Mr. Buchanan has changed
his position in settling our dispute as a result of my refusal to sign certain affidavits. As
mentioned before, Mr. Tosch made the affidavit a condition of the agreement after an
agreement was reached. would hope to avoid this route again.
As mentioned to Mr. Slater last Friday, terms of settlement discussions are outlined
individually and viewed in a simplistic manner to avoid any delays or complications.
Terms set forth are as follows:
a. AS TO GWINNETTE: would agree to release Mr. Buchanan of any and all
Liabilities including ongoing
return, Mr: Buchanan
pay back
Moneys collected based on payments made to Mr. Buchanan in connection
With Option to purchase agreement as relates to Gwinnett
forego all
Interest, punitive damages and attorney fees in
of actual payments made.
The total amount is 886k. will also release Mr. Buchanan from breach of 2.9
Million
is worth reminding all that both Mr. Buchanan and Mr. Tosch
have acknowledged payments made and haye agreed to the dollar amount.

b. AS TO KIA DERALERSHIP: The dealership can be purchased for the same


amount as current offer of 525k. Currently am discussing the buy/sell of the KIA
dealership with a highly interested individual. In order to engage in exclusive
Discussions, 1 would require a non refundable deposit of 50k along with a signed
APA otherwise we can continue talks on non exclusive terms.

c. AS TO HY DERALERSHIP: The dealership can be purchased for the same


amount as current offer of
mills, that includes the property free and clear of all

FEC FOIA 2014-10-R_036

liens as well as franchise.rights. Currently am exploring options with multiple


interested individuals to enhance the offer on the table. In order to engage in
exclusive discussions, would require nonrefundable deposit of 50k along
with an
Otherwise we
continue discussions based non exclusive terms.

On a different note, this morning. I had a


discussion with the Mr. Arne
Vansprum director of ACAP at Florida Bar regarding the complaintfiled.I've been asked
to send additional documents to fully start an investigation. have held off in hopes of
resolution.
As mentioned before, I have no desire, nor enjoy taking this step. I'm aware of the
consequences of sanctions imposed by the bar. Particularly matters involving conflict in
this magnitude including direct involvement before suit commenced. assure you this
matter
result in an investigation by Grievance Committee; would kindly renew my
previous offer that included withdrawing my complaint with the understanding that you
along with
firm
withdrawfrom,and refrain from any direct or
indirect involvement in further representation of Mr. Buchanan in this matter
have remained hopeful my dispute with Mr. Buchanan would be resolved by now.
Unfortunately that has not been the
Deadline to return additional documents
requested is Thursday. Accordingly, must receive a written confirmation before then.
Again apologize for this action;
everything in my power to avoid this route
without any success. remain willing, flexible and optimistic
you would honor
request. Thank you
Sam
Contact

FEC - (b)(6), (7)(C)

FEC FOIA 2014-10-R_037

IN
CIRCUIT COURT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
SAM KAZRAN, AND
LLC
and GWINNETT, LLC, a Florida
Limited liability Company,
Plaintiffs,
V.
VERNON G. BUCHANAN and
VERN BUCHANAN FOR CONGRESS,
A Florida limited Liability Company,
Defendants.

COMPLAINT
COME NOW, the Plaintiffs, by and through their

counsel and sues the Defendants,

Buchanan and Buchanan for Congress. This case arises out of the Defendants improper
removal of funds belonging to entities owned or controlled by Mr. Buchanan, who used these
funds for illegal contributions made to "BUCHANAN FOR CONGRESS". In support of the
foregoing, the plaintiff state:

This is an action at

and equity for damages in excess of

2. 11-2001 LLC d/b/a Hyundai of North Jacksonville, LLC

a Florida Limited

Liability Company authorized to transact business in the state of Florida.


3. Gwinnett LLC

Premier Dodge ("DODGE") is a Florida limited liability company

license to do business in Georgia.

4. Mr. Buchanan is an individual who resides, in Sarasota County, state of Florida.

FEC FOIA 2014-10-R_038

5.

Buchanan for Congress ("VBFC")

Vernon G. Buchanan's

principal campaign committee.


6. Jurisdiction in this cpunty is proper as the actions that gave rise to this complaint
occurred in Sarasota County Florida.
7. During the relevant time period, Sam Kazran owned 49% of HNJ and operated HNJ.
G. Buchanan owned 51% of HNJ through 1099 Management-Company, LLC.
8. At all time relevant hereto, Sam Kazran owned 49% of DODGE and operated DODGE.
Vernon G. Buchanan owns 5.1% of DODGE through
9. In 2005, Representative
election to

Management Company LLC.

("Buchanan") began his campaign for the 2006

Florida's 13th Congressional District.

During.that.time Mr. Buchanan instructed Kazran to arrange for HNJ employees to


contribute-to VBFC.and for their contributions to be reimbursed with company funds. In
2005, HNJ reimbursed the employees for their contributions to VBFC in excess of

In 2006, Mr. Buchanan instructed Kazran to arrange

HNJ and DODGE employees,

his relatives and business partners and their spouses to contribute to VBFC and for their
contributions to be reimbursed with Company funds. HNJ and DODGE reimbursed
various individuals over $50,000.
In

Buchanan instructed Kazran to arrange for employees to contribute to

VBFC and for their contributions to be reimbursed with company funds. Companies
reimbursed

FEC FOIA 2014-10-R_039

in contributions in 2007; all dated

During 2005-2007, HNJ and Gwinnett LLC made various contributions to VBFC
exceeding

These contributions were reimbursed to various

for

contributions to VBFC.
14. At all time material, Kazran was following instructions of Mr. Buchanan tofindsways to
to VBFC. Mr. Buchanan would routinely call Kazran to ensure that
contributions would be made in timely manner.
Mr. Buchanan made representations that the corporation would receive these moneys
back. Being that Mr. Buchanan was a Sr. Partner and managing member of the company;
Kazran complied with Mr. Buchanan's request.
On one incident, Mr. Buchanan returned a check

to VBFC issuedfrom

LLC. Mr. Buchanan requested that the check be issued through an individual that is not
affiliated to the corp. Mr. Buchanan's reason was "

would look a lot better if these .

contributions camefromindividuals, it needs to look as there is a

of support for me".

Mr. Buchanan made this representation on more than one occasions at the presents of
several partners. During an investigations initiated by Federal Election Commission, Kazran learned for
the first time that such contributions were illegal. Kazran then cooperated with FEC in
conducting their investigation.
] 9. The results of FEC's investigations among other things were:
HNJ violated 2

441 a(a) by making contributions to

Buchanan for

Congress that exceeded the contribution limits.


Respondent HNJ violated 2 U.S.C. 441f by making contributions to Vern
Buchanan for Congress in the names of other persons.

FEC FOIA 2014-10-R_040

c.

In addition, FEC found that HNJ is to pay a civil penalty to the Federal Election
Commission in the amount of One Hundred Thirty-Six Thousand Dollars
pursuant to 2 U.S.C. 437g(a)(5)(A).

20. HNJ, DODGE and Kazran have made demands on Mr. Buchanan to pay back the
contributions made to VBFC, and to pay the penalties imposed by FEC. Mr. Buchanan
has refused to satisfy these obligations.
21.

(Intentional Interference with a Business Relationship)

23.. Plaintiffs re

s and incorporates by reference Paragraphs 1 through

incorporated by reference as if fully


LLC,

are

herein.

LLC and Kazran sue Mr. Buchanan for Intentional Interference

with a business relationship.


Defendant at all times knew that plaintiffs were in need those funds for their business
operations
26. Defendant has not returned 'those funds as promised.
27. Plaintiff has been damaged as a result of Defendant's actions.

WHEREFORE, Plaintiffs demands judgment against Mr. Buchanan and Buchanan for
congress, for damages, including reasonable attorney's fees and costs and such other
damages and/or

relief as this Honorable Court deems proper and just. Plaintiff

demands a jury trial on all issues so


28. COUNT I I - Conversion

FEC FOIA 2014-10-R_041

29. Plaintiffs re allege and incorporates by reference Paragraphs 1 through 27 as if fully


restated herein.
30. Plaintiffs sue Mr. Buchanan for conversion.
31. Plaintiff demanded return of its operating funds Plaintiffs in need of those funds to
satisfy sales tax, healthcare and payroll obligations.
32. The plaintiffs have requested these funds, but Mr. Buchanan has refused to do so.
33. Plaintiff has been damaged as a result of Defendant's actions.

WHEREFORE, Plaintiffs demands judgment against Mr. Buchanan for damages, including
reasonable attorney's fees and costs and such other damages and/or equitable relief as this
Honorable Court deems proper and just. Plaintiff demands a jury trial on all issues so triable.
34.
35.
offiduciaryobligations)
and incorporate by reference Paragraphs 1 through 33 as if fully restated

36. Plaintiffs re
herein.

37. Plaintiffs Sue Mr. Buchanan for violations of fiduciary obligations as managing member
of the corporation.
Mr. Buchanan has an ethical and moral duty to preserve the wellbeing of corporations.
39. Defendants are fully aware that plaintiffs are in need of these funds to. satisfy their

business obligations.

40.

are fully aware that Plaintiffs have received noticesfromFEC.

41. Defendants have refused to satisfy penalties imposed by FEC as a result of instructing
2001 LLC, Gwinnett and Kazran to engage in illegally campaign contributions.
42. Plaintiff has been damaged as a result of Defendant's actions.

FEC FOIA 2014-10-R_042

WHEREFORE, Plaintiff demands judgment against Mr. Buchanan, for damages,


including reasonable attorney's fees and costs and such other damages and/or equitable
relief as this Honorable Court deems proper and just. Plaintiff demands a jury trial on all
triable.
Dated in Sarasota County this Wednesday of October

FEC FOIA 2014-10-R_043

Page 1

Mark

From: Lee Levenson [Lee@RomanoLawGroup.com]


Sent:
September
4:08 PM
To:
Mark Ornstein
Subject: RE Vernon Buchanan Settlement

Yes - the parties actually signed a confidential settlement agreement in which the "clients have agreed to
resolve existing claims
with
to all past and current business
Essentially, Mr.
Buchanan agreed to pay
Kazran $2.9 million. Litigation would be an unintelligent way to resolve this. is our
further opinion from discussing this matter with Mr. Kazran
the parties would be far better off negotiating
an immediate settlement of this particular matter and working together with regard to successfully resolving the
various litigations swirling around them.
Lee Levenson

The Romano Law Group, PA


www.RomanoLawGrottp.com
1005 Lake Avenue
Tei.561533.670O
From: Mark Ornstein [mailto:mlornstein@icpsos.comj
Sent: Thursday, September
PM
To: Lee Levenson
Subject: RE: Vernon Buchanan Settlement
Thanks Lee. Is this one of the matters that is currently in litigation?

From: Lee Levenson


Sent: Thursday, September
To: Mark Ornstein

PM

RE: Vernon Buchanan Settlement


Michelle,
We represent Mr. Kazran in the matter of the "Binding Settlement Term Sheet" dated 10-1-2008. Please let us
know you'd like t o resolve the issues between these parties. Thank you, Lee
Lee Levenson

The Romano Law Group, PA


wivw.RomanoLawGroup.com

10/26/2011

FEC FOIA 2014-10-R_044

Avenue

From: Mark Ornstein [mailto:mlornstein@kpsos.com]


Sent: Thursday, September
PM
To: Lee Levenson
Subject: RE: Vernon Buchanan Settlement
Mr. Levenson,
is Michelle McKinnie responding from Mark

computer.

Mr. Ornstein would


clarification of the matters in which you have been retained to represent Mr. Kazran.
We have several matters currently pending between Congressman Buchanan and Mr. Kazran and
confused
as to your representation.
Thank you.

From: Lee Levenson


Sent: Thursday, September 15,
To: Mafk Ornstein
Cc: Sam Kazran

PM

Vernon Buchanan Settlement


Dear Mr. Ornstein,
You are advised that we have been retained to represent Sam Kazran with regard to the enforcement of the
settlement agreement dated
between Mr. Buchanan, Mr. Kazran and the Premier Companies. Our
investigation
us to believe that we must initiate discovery and litigation procedures immediately.
However, it is our policy to allow for a brief window of opportunity to negotiate an extra-judicial resolution of
any litigation matter. Please advise us as to your client's position. Regards, Lee
Lee Levenson

The Romano Law Group, PA


www.RomanoLawGroup.com
1005 Lake Avenue
Tel. 561.533.6700

FEC FOIA 2014-10-R_045

Page 1

Mark Ornstein
From:
Sent:
To:

Lee Levenson [Lee@RomanoLawGroup.com]


Tuesday, September
AM
McKinnie

Cc:

Mark Ornstein; Michael A.

Barbara Louv

Subject: RE: Buchanan/Kazran


Dear Mark,
for your letter dated September
We are informed that Congressman Buchanan, John Tosh,
Mike
and
all participated in the conference call with Sam Kazran wherein the terms of
the subject agreement were negotiated. Additionally, Jim Post, Steve Hutton, and Sam
took part in the
negotiations of the
terms of subject agreement. Mr. Kazran states emphatically that Mr. Buchanan himself
outlined the terms of the subject agreement. Upon information and belief, Congressman Buchanan stated:
"Sam, I do this and we have a deal and you
drop the charges in Sarasota County". These negotiations and
agreements were memorialized in the
which we forwarded
you. Mr. Kazran maintains
the final
draft was actually signed by the parties. You are correct that several iterations existed at one point or another.
However, only one final embodiment of the agreement
one which we sent you) was executed by the
parties. It is binding.
Apparently, shortly after the conference
Mr. Kazran received a call from Mr. Buchanan to congratulate him
of resolving the disputes between the parties and inviting him to join Mr. Buchanan for dinner. Mr. Kazran was
surprised when, upon his arrival, Mr. Buchanan's lawyer tried to foist upon him the subject affidavit which was
drafted by Mr. Buchanan, his staff, or his attorney. The affidavit is self-serving forthe congressman and seiffor Mr. Kazran. it was a scapegoat document. To the amazement of Mr. Kazran's lawyers, the
proposed affidavit was actually submitted by the Congressman or his agents/attorneys to them as well. It is
puzzling
the congressman tied execution of the affidavit, which bears no connection with the disputes
which gave rise
subject settlement agreement, to his good faith fulfillment of his obligations under the
settlement agreement. Up until that evening there had been no communications regarding an affidavit.
Although, we have it information and belief that Mr. John Tosh forcefully ordered, "Sam, you have 5 min. to sign
this affidavit or deal is off," Sam did not sign same on advice of his counsel.
The forgoing allegations have been confessed to by the Congressman. His statements are apparently
memorialized in multiple
left on Mr. Kazran's cell phone. Some salient samples are that Mr.
Buchanan:

made references regarding Mr. Kazran's "liabilities",


expressed lack of concern that the foregoing would hurt his election chances since he was "up

points",
the congressman specifically tied resolution of these underlying business disputes to certain unrelated
facts which the congressman specifically did not want to "become the subject of discussions",

Mr. Kazran also alleges that Mr. Buchanan offered Mr. Kazran $50,000 to fire Steve Hutton in favor of hiring an
attorney in Jacksonville as opposed to Sarasota County where your client was engaged in campaigning for a seat
for US Congress.
Mark, Mr. Kazran needed the subject settlement proceeds to save his businesses. Because Mr. Kazran refused to
sign the affidavit, the Congressman did not fulfill his obligations and Mr. Kazran has
his businesses. While

FEC FOIA 2014-10-R_046

Mr. Buchanan may have different views, Mr. Kazran is of the believe that he has done all he can to seek
alternative resolutions Mr. Kazran believes to litigation, including flexibility in terms and conditions of
settlement discussions of has no choice at this juncture but to try to recover his losses by any means available
at law.
At this time, you are likely aware that 11 - 2001 LLC, and Mr. Kazran involved in a
brought by Federal
Election Commission in the Northern District of Florida. That suit involves various violations and penalties in
excess of $70,000.00. We will be appearing in that case. At this juncture Mr. Kazran must cross claim the
Congressman into that case because he alleges that Mr. Buchanan is actually the proper party in the action. Mr.
Kazran further must move to compel Mr. Buchanan to pay $105,000.00 of payments in which Mr. Buchanan had
allegedly previously offered to reimburse 11 Kazran.
You are correctthat the $2.9 million contract contemplated the separation of the Kia dealerships and final stock
transfer and that this is now impossible. However, Mr. Kazran's position is that said separation and stock
transfers would have been possible but for Mr. Buchanan's actions and inactions against the interests of Mr.
Kazran and the partnership businesses.
The purpose of this letter is conciliatory. It is in all parties' best interests to achieve an amicable resolution to
this matter. We would propose to negotiate a compromise. We understand that you had recently offered to
arbitrate this matter. However, this is probably unnecessary. We can easily resolve this matter privately or
through mediation. Toward these ends we'd offer to come over there for a settlement conference or
Please convey these offers to your client and
us know how he'd like to resolve these matters-.
Finally, would point out that given the number of adversaries which our respective clients are currently facing,
they'd each be better off with another
as opposed to
opponent. We welcome any questions or
concerns you may have. Therefore, please feel free to
Kind Regards, Lee

Lee Levenson

The Romano Law Group, PA


Lake Avenue
561.533.5700

From: Michelle McKinnie [maiito:MMckinnie@kpsos.com]


Sent: Friday, September
PM
To: Lee Levenson
Cc: Mark Ornstein; Michael A.
Barbara Louv
Subject: Buchanan/Kazran
Levenson,
Attached please find correspondence from Mike Semanie regarding the above referenced matter.

10/26/2011

FEC FOIA 2014-10-R_047

Thank you.

Michelle
McKinnie, FRP
Litigation Paralegal
Killgore,
Stamp, Ornstein & Squires, P.A.
2 South Orange Avenue, 5th Floor
Orlando, Florida 32801
www.kpsos.com
407/425-1020
407/839-3635 (fax)

CONFIDENTIALITY STATEMENT: This message Intended only for the use of the Individual or entity to which It Is addressed and may contain information that Is privileged,
confidential and exempt from disclosure under applicable law. If the reader of
message is not the Intended recipient or
employee or agent responsible for delivering the
message to the intended recipient YOU ARE HEREBY NOTIFIED that any dissemination, distribution or-copylng of this communication is strialy prohibited. If you are not the
intended recipient of this message, please notify sender and destroy any printed version and delete
communication may contain nonpublic Information about
Individuals and businesses subject to the
of the
Act You may not directly or
reuseor
such Information for any purpose
other than to provide the servicesforwhich you are receiving the information.
IRS
Notice: Pursuant torecendyenaaed
Treasury Department Regulations, we are now required to advise
that unless otherwise expressly indicated, any
federal tax advice expressed above was
nor intended by the sender this
to be
and
be used by any taxpayer for the purpose of avoiding
penalties that may be Imposed under VS. tax law. If any person uses or refers to any such tax advice In
marketing or recommending a
or other
Investment plan or
any taxpayer, then the adviceshould be considered to have been written to support the promotion or marketing by a person other than the
sender
transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular
an
tax advisor.

FEC FOIA 2014-10-R_048

Page 1

1.

Mark Ornstein
From:
Sent:
To:
Cc:
Subject:

Lee Levenson [Lee@RomanoLawGroup.com]


Wednesday, September
AM
Michelle M. McKinnie
Mark Ornstein; Michael A. Semanie
RE Buchanan/Kazran

Dear Michelle,

Michael:

We are willing to settle


matters between these partners
to further litigation between the
partners or involving the FEC). We propose that the congressman honor the original settlement agreement:
However, we are open to counter-proposals.
advise. Thank you, Lee
Lee Levenson

The Romano Law Group, PA


Lake Avenue
561.533.6700
From: Michelle M. McKinnie
Sent: Wednesday, September
To: Lee Levenson
Cc Mark Ornstein; Michael A. Semanie
Subject: Buchanan/Kazran

AM

Mr. Levenson,
Mr. Ornstein has suggested a meeting regarding the above referenced matter to get everyone involved on the
page. He is currently available Monday, October 10 t h , the late afternoon of Thursday, October
th

October 1 4 . Please let me know if any of these dates work for you.
Thank you.

Michelle M. McKinnie, FRP


litigation Paralegal
Pearlman, Stamp, Ornstein & Squires, P.A.
2 South Orange Avenue, 5th Floor
Orlando, Florida 32801
www.kpsos.com
407/425-1020
407/839-3635 (fax)

FEC FOIA 2014-10-R_049

or

Page 2

CONFIDENTIALITY STATEMENT:
message Is Intended only for the use oFthe individual or
to which it is addressed and may contain information that is privileged,
from
employee
he
message to the Intended recipient, YOU ARE HEREBY NOTIFIED that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the
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IRS Circular

Notice:

to recently enacted

Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any
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If any person uses or refers to any such tax advice in
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sender

FEC FOIA 2014-10-R_050

Page 1 of 1

Mark Ornstein
FEC - (b)(6), (7)(C)
From: Sam
Sent: Tuesday,
5:20
To:
Mark Ornstein
Cc:
Iee@rbman0lawgrioup.com
Subject: second DCA

Good afternoon Mark


Attached was mailed to your office on
I have the initial brief done and just waiting
to hear
CEC
FBI as to whether I can file my brief. Assuming I
the ok,
brief will be mailed to your office.
On a different note, back in July I asked your
you prefer e-mail or regular
mail. Don't believe I got an answer back. Please let me know if email is ok. Have a good
and asked
Sam Kazran
ContactFEC - (b)(6), (7)(C)
FEC - (b)(6), (7)(C)
This
contains PRIVILEGED AND CONHDBNTIAI.
intended only for
of
named
intended recipient of this email, or an authorized employee or agent responsiblefordelivering it to
intended
you
any
copying of this email is strictly prohibited. you have received this email in error, please notify by reply
email
your
foryour cooperation.

10/26/2011

FEC FOIA 2014-10-R_051

yon

not the

and delete this

Dated this 21 st day of October,

FEC - (b)(6), (7)(C) .


32225
FEC - (b)(6), (7)(C)

CERTIFICATE

SERVICE

I HEREBY CERTIFY that I served a.copy of the following on


Mark L. Ornstein, Esquire, Killgore, Pearlman, Stamp, Ornstein & Squires
Box 1913 Orlando, FL 32802

US mail on

FEC FOIA 2014-10-R_052

day of October

October
The
of
Appeals, Second District
RE:
The

1099 Management Co.

NO: 2011-4238

Court

The undersigned respectfully seek an extension of time or stay of these proceeding to file
his initial brief based on unforeseen circumstances that have transpired in recent days.
Specifically, on October
received a confidential letter from the Congress of United
States, Office o f Congressional Ethics committee requesting certain information and documents
regarding their investigation of Appellees managing member Congressman Vernon G.
Buchanan.
In addition, on October 13,
the undersigned met with special agent Vanessa
Federal Bureau of Investigation (FBI) regarding a separate Federal Grand Jury Subpoena
calling for production of various documents in connection with the agency's criminal
investigation against Appellees managing member Congressman
G. Buchanan.
Both the office of Congressional Ethics Committee and the Federal Bureau of Investigation
have instructed the undersigned to refrain from disclosing any information to any individual or
entity regarding their investigations. This Honorable court should know that many of the
information requested represent factual averments and records in which Appellant relies on to
present his case to this Honorable court. Thus, Appellant is unsure whether filing his brief could
impede the investigation being conducted. For this reason, Appellant respectfully requests
extension/stay to permit the undersigned to seek the advice of counsel.
It should be noted that the undersigned contacted the Clerks office and spoke to Mr. James
Dirkhold to seek direction in forwarding the above-mentioned notices for this Honorable Courts
review. To protect the content of these documents, Mr. Dirkhold suggested that the undersigned
refrain from forwarding the subject documents prior to seeking courts approval.

Respectfully Submitted

FEC - (b)(6), (7)(C)


Jacksonville

32225

FEC - (b)(6), (7)(C)

FEC FOIA 2014-10-R_053

FEDERAL ELECTION COMMISSION


Washington, D.C. 20463

CONFIDENTIAL MATERIAL
July 1,2011
BY ELECTRONIC MAIL
Per CRM (b)(6), (7)(C)
Esq.
Election Crimes Branch
Public Integrity Section
U.S, Department of Justice
1400 New York Avenue, 12th Floor
Washington, D.C. 20005

RE: Matter Under Review 6054


Dear=

Per CRM (b)(6), (7)(C)

In response to your requests yesterday and today for materials from the Federal
Election Commission's investigation into the reimbursement of political contributions at
automobile dealerships owned by Vernon G, Buchanan, please find enclosed General
Counsel's Reports (10), General Counsel's Briefs (3) and Reply Briefs (2),
We will follow up with additional materials including deposition transcripts and
documents obtained during the investigation.
In view of the ongoing investigation in MUR 6054 (relating to General Counsel's
Report #3) and the ongoing conciliation negotiations (relating to General Counsel's
Report #10), we note that there are federal statutes applicable to these materials. Title 2
of the U.S. Code Section 437g(a)(4)(B)(i) prohibits making public any information
derived in connection with a conciliation attempt (other than the final executed
conciliation agreement) without the written consent of the person who is conciliating with
the Commission. Title 2 Section 437g(a)(12)(A) requires all persons to keep confidential
any investigation being conducted by the Commission, except with the written consent of
the person who is the subject of the investigation. You are advised that, in MUR 6054,
no such written consent has been filed regarding either provision. In all instances in
which access to our files is granted to federal agencies or authorities, the confidentiality
provisions of 2 U.S.C. 437g(a)(4)(B)(i) and 437g(a)(12) shall remain in effect.
Accordingly, we ask that the Department of Justice (and the Federal Bureau of
Investigation) establish and maintain necessary and appropriate safeguards to protect the

FEC FOIA 2014-11-R_001

sq.
'
Page I
ME

Per CRM (b)(6), (7)(C)

confidentiality of files for which access is granted and the information derived therefrom,
make no public use of these files or information without prior approval of the Office of
General Counsel, notify us of any legally enforceable demand for the files or information
before complying with such a demand, and not grant any other demand or request for the
files or information absent priornotice to, and a lack of objection by, the Office of
General Counsel.
If you have any questions or need any additional information, please contact me at
(202) 694-1588.
Sincerely,

Mark Allen
Assistant General Counsel

Enclosures
General Counsel's Reports (10), General Counsel's Briefs (3), and Reply Briefs (2)

FEC FOIA 2014-11-R_002

RECEIVED

PATTON BEL

1010 NOV -5 PM 14:


'EC MAIL CENTER

2550 M Street, NW
Washington, DC 20037
202-457-6000
Facsimile 202-457-6315
www.pattonboggs.com

November 5, 2010

William), McGinley
202-457-6561
wmeginley@pationbogga,com

VIA HAND DELIVERY


Ms. Shawn Woodhead Werth
Commission Secretary
Federal Election Commission
999 E Street, NW
Washington, DC 20463

cn fp

7.e n

Re:

MUR 6054
The Honorable Vern Buchanan,
Vern Buchanan for Congress
and Joseph Gruters, as Treasurer

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Dear Ms. Werth:


Please find attached the joint reply brief of Congressman Vern Buchanan, Vern Buchanan for
Congress, and Joseph Gruters, as Treasurer, to Office of General Counsel's ("OGC") brief
recommending that the Federal Election Commission ("Commission") find probable cause in the
above-referenced matter.
Initially, after we received the OGC's brief we requested complete and true copies of each
document and deposition transcript cited in the brief. We also requested documents that are
alluded to in the OGC's arguments, but not formally cited in the brief. In some instances, the
OGC denied our request for access to these documents. In our view, OGC should have granted
us access to each document, including interview notes, cited or alluded to in the brief, Given the
breadth of exculpatory evidence OGC failed to include in its brief, OGC's failure to provide us
with fiill access to all the facts at this stage of the proceedings is troubling, to say the least.
In addition, the OGG informed us in response to our requests for documents that a few citations
in the brief are mistakes, and that the final brief will contain the correct citations. If any of the
arguments, allegations, or evidence cited in the final brief that is submitted to the Commission
change in any manner, we must be given an opportunity to review such changes and submit a
supplemental brief in response. The Federal Election Campaign Act and Commission
regulations specifically provide that the OGC must provide a respondent with the brief
containing the factual allegations and legal arguments supporting its probable cause
recommendation, Failure to provide us with the opporvunity to review and respond to any
additional arguments, allegations and evidence not contained in the brief we received from the

5130738
Washington DC I Northern Virginia I New Jersey I New York I Dallas I Denver I Anohoiage I Doha I Abu Dhabi

FEC FOIA 2014-11-R_003

PATION NHL
Ms, Shawn Woodhead Werth
November 5, 2010
Page 2
OGC on October 21, 2010 would raise serious procedural and substantive due process concerns.
A copy of the OGC's brief is attached for your convenience and review.
Finally, by this letter we are requesting an oral hearing before the Commission to discuss and
respond to the serious allegations contained in the OGC's brief. Congressman Buchanan and his
campaign should be entitled to present their case directly to the Commission. In addition, we
intend to discuss the arguments contained in the OGC's brief and the exculpatory evidence in
this matter. Please let us know at your earliest convenience whether our request has been
granted.
Please do not hesitate to. contact us with any questions.

Attachments

cc:

Christopher Hughey, Esquire


Acting General Counsel
Christopher DeLacy
Holland & Knight
Counsel to Congressman Vern Buchanan

5130738

FEC FOIA 2014-11-R_004