13279 Chamku 84 NE may Bilen Ora St Ph eas) Nathan R, Rietmann Attorney at Law October 22, 2014 Michael J. Nearman 2570 Greenwood Road 8. Independence, Oregon 97351 RE: Supra Produets Demand Letier Mr, Nearman: My office represents Brian Boquist who is duly registered with the Oregon Scoretary of State to do business as Supra Products, Throughout your campaign for the Oregon House of Representatives, you have claimed to be an employee of Supra Products, For example, one needs look no further than the two Statemen!s of Organization you have filed for your NeatmanOregon political action committee, In these documents, whieh are on file with the Oregon Seeretary of State, you claim to he employed by Supra Products, Your claim is false, Mr. Boquist is the onty person or entity registered ith the ‘Oregon Secretary of State to do business as Supra Products, No other person or entity conducts business or employs workers in Oregon under the name Supra Products. As you know, Mr, Boquist is not your employer and you do not conduct business on behalf of ‘Supra Products. ‘The law is clear that “{nJo person shail carry on, conduct or transact business under ond assumed business name,.,unless the person has registered the essumed business name.,.and maintaina a current registration.” ORS 648,007(1), You are violating this statute in representing that you ate an employee authorized to conduct business on behalf of Supra Products, Ms, Boquist does not believe you are confised about the identity of your employer, People generally know the name of the business they work for and receive a paychesk from, Moreover, minimal investigation into this matter shows that a sign outside your work location lists tho name of your employer as United Technologies. In addition, my office has reviewed your Statement of Economic Interest on file with the Oregon Goverment Ethics Commission, You have conspicuously falled to [Nathan R.Rietesann ' ‘Atorey a Law 1270 Chemekeia SNE Salem, Orepen 97301 504-851-2740 athan@ritonannlay.comreveal your employer on that form as required by Iaw. ORS 244,060(3). This failure forer suggests het you ae intentionally obsearing the identity of your employer om the public, As you krow, United Technologies is large defense contractor and e very controversial company, Newspaper artleles indicate that a subsidiary of United ‘Technologies recently plead guilty to violating the Arms Export Control Act and making false statements in connection with illegally exporting United States military software to China that was used in creating China’s first modem military helicopter, It ig also my understanding from news roports that a subsidiary of United Technologies agreed to pay more than $75 tllion as part ofa global settlement with the U.S, Justice Department and State Department in connection with the China arms export violations and false disclosures surrounding them, Although your employer is highly controversial and you appear intent on concealing the identity of your true employer for political purposes, you may not falsely represent yourself as an employee conducing business on behalf of Supra Products. Representing yourself as an employee of Supra Products communicates false information to voters and interferes with Mr, Boquist’s right to conduct business under the name Supra Products, Beyond this, as fa as your Statements of Organization on file with the Oregon Secretary of State are concemed, please be awate that its a crime to “knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws,” ORS 260,715, Mr. Boquist is providing you until October 24, 2014 to voluntarily amend your Statement of Organization on file with the Oregon Secretary of State fo reflect your true employer ard otherwise desist ftom purporting to conduct business on behalf of Supra Products. IF you fail to do so, Mr, Boquist will commence legal action to obiain appropriate injunctive relief, as well as recovery of his reasonable attorney fees. tn this regard, pleese be advised that if legal action becomes necessary, you are prohibited from using campaign funds to pay for your legal defense. ORS 260.407. T hope you will see fit to resolve this matter without the time and expense of litigation by simply disclosing your true employer on your Statement of Organization and reffaining from making any further claim that you are employed by Supra Products, Sincerely, Gahan R, Rietmann , ‘Nather R. Rletmam, Auorey atLaw, 1270 Chemeketa. Salem, Orogen 97301 8025812740 suthan@sitnannl.conMask. O'Donnell, Kelly Cake 1957-2013, Stephen & Crew Mastiew D. Lovre ‘bad ser Webing Peter B, Janci D. Adam Andessoa Maria Lies B. Ruelowardt ‘ofa Ai eae pra Maingn Michael S. Morey FConmet Jacqueline K. Swanson ATRESIA October 24, 2014 Fremont Place Tl, Suite 302 1650. NW Naito Pasicway Portland, OR 97209-2534 Ph: 505.306.0224 Fax: 508.206.0257 wimtonnde com, Infogoande com Via Email and U.S. Mait Nathan R. Rietmann, Bsq, Altomey at Law 1270 Chemeketa St., NE Salem, Oregon 97301 Re: Neatman4Oregon/Senator Brian Boquist Dear Mr. Rietmann: ‘This lavy fitm represents the Nearman4Oregon campaign and Michael Nearman, ‘The allegations set forth in your letter dated October 22, 2014, are wholly without merit, In feet, forthe reasons described below, Senator Boguist’s registration of the assumed business name “Supra Products” (the “ABN” likely violates ORS 648.081! prohibiting persons fiom filing false ot fraudulent assumed business name registrations, ‘The contents of your letter and other false allegations made against Mr, Neatman may also violate ORS 260.532 prohibiting false publications relating to candidates, To the extent that Senator Boquist claims that he is conducting “Speotalty Consulting” under the ABN, his use of that name appears 10 constitute common faw trademark infringement and a violation of the Oregon Unlawful Trade Practices Act. Demand is hereby ade to immediately cease and desist all further atfempis to harass and intimidate the ‘Nearman4Oregon campaign and Mr, Nearman, It may also bo advisable for Senator Boquist to ORS 648.0811) statos that “[uJo person shall procure or maintain the registration of an assumed business name with the Office of Seorotary of State by knowingly malking any false or freudulent representation or declaration, orally or in writing, or by any other fraudulent means, No person shall register or use an assumed busiuess name with an intent to create a likelihood of confusion with another person.” ORS 260,532(1) states that [Jo person shall canse to be written, printed, published, posted, communicated or circulated, any Lette, circular, bill, placard, poster, photograph or other publication ... with knowledge ot with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.”O'DONNELL CLARK & CREW LLP Nathan R, Riettann October 24, 2014 Pago —-—— ae Promptly cancel the ABN to avoid claims of common law trademark infringement and a ‘violation of the Oregon Unlawful Trade Practices Act. Regarding Mr, Nearman’s employer, for tho past 11 years, Mr, Neetman has worked in Salem, the last 5 years as a Software Engineer, for the “Supta Worldwide Headguerters” located at 4001 Fairview Industrial Drive SE. ‘That business is included in the business listing on the Salem Chamber of Commerce website, ‘The customer support email for Supra is ‘supresupport@Ps.ute.com, Letters to customers and yendors are sent out using this name, Employees’ business cards, inoluding Mr, Nearman’s business card, contain this name, Products Gi, electronic keys, keyboxes) sold by the company are branded with the trade name Supra, The top hit on. a Google search for “Supra Products” is a link to the Supra Products website ‘which reflects the Sulem address referenced above as the worldvvide headquarters for Supra. This is, of course, not surprising since Supra Products initially stavted doing business in Salem, Orogon many years ago and is generally selling the same products now that it sokd when it was founded, The company was bought out several yeats ago and has been owned by General Electric and now United Technologies. ‘That does not change the fact that atthe local level, Mr. ‘Nearman and his fellow employees consider their local employer to be Supra Products and they represont their services to the community as such, The timing of Senator Boquist’s registration of the ABN clearly reflects a political motivation on Senator Boquist’s part. Senator Boquist filed baseless claims with the Oregon Secretary of Stele pertaining to Mr. Nearman and his eampaign on May 2, 2014, apparently in hopes of gaining a political ndvantago in the primary election, Senator Boquist then registered the ABN on May 16, 2014, and deseribed the primary business activity as “Specialty Consulting.” In signing the ABN rogistration form, Senator Boquist represented: By my signature, I declare as an authorized authority, that this fling has been examined by me andl is, t0 the best of my knowledge and belief, true, correct, and complete. Making false statements in this document is against the law and may be penattzed by fines, imprisonment or both, Given the timing and contoxt of the filing of the ABN, if appears highly unlikely that Senator Boguist is, in fact, conducting any business activity under the name Supta Products, let alone so- called “Specialty Consulting.” Absent from Senator Boquist’s biography on his legislative website or other public somes (ie., Project Vote Smart and Wikipedia) is any indication that Senator Boguist conducts any business activities as a “Specialty Consultant” under the name ‘Supra Products.” If this is comect, Senator Boquist submitted a false declaration to the Secretary of State and has exposed himself to further logal action for violations of Oxegon law,O'DONNELL CLARK & CREW LLP Nathan R, Rietmann October 24, 2014 Page 3 eee me including ORS 648.081 and the Oregon Unlawful Trade Practices Act (ORS 646.605 - 646.652). If this is not correct, please promptly provide evidence of any specific business activities uundertalcen by Senator Boquist sines May 16, 2014, wherein he has provided “Specialty Consulting” services using the ABN. Please also ineiude monthly or quarterly financial statements reflecting such activities In short, contraty to the patently felse and highly offensive accusations set forth in your letter, Mr. Nearman hes not falsely represented his employer and has not, in any way, harmed Senator Boquist in the conduct of any legitimate business activities, Senator Boquist is plainly using the ABN as a political too! as evidenced, at least in part, by the demand that Mr, Nearman alter his campaign filings. If Senator Boquist logitimately intends to conduct business operations under he assumed business name “Supra Products,” Senator Boquist’s allegations pertaining to the alleged misuse of this name by Mr. Nearman would more properly be made to Mr, Nearmait’s employer, not its employee. Finally, please be advised that if Senator Roquist pursues any legal action on the basis of the absurd allegations set forth in your letter, the Nearman4Oregon campaign and Mt. Neatman will have no choice but to fully defend their rights and to pursue all remedies available to them under Oregon law to hold Senator Boquist accountable for his baseless accusations, inclu pursuant to ORS 260.532 and for defamation, We trust that such proceedings will be ‘unnecessary and that no furthor action will be warranted by either party, Sincerely, err Matthew D. Lowe dma cc: NearmandOregon Kate Brown, Oregon Secretary of State Ellen ¥, Rosenblum, Oregon Attomey General