IN THE DISTRICT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT
MONTGOMERY COUNTY, ALABAMA.
STATE OF ALABAMA, )
Plaintiff, )
)
v. ) Co. 2017-
)
ROBERTJ. BENTLEY, ,
Defendant, )
PLEA AGREEMENT
Come now the State of Alabama, by and through Supernumerary District Attorney Eleanor
1. Brooks appointed by the Attomey General pursuant to Section 12-17-216 of the Code of
Alabama as Special Assistant Attorney General, and the Defendant, by and through his attomey,
and agree to the following terms, each of which is an essential part of the parties’ agreement:
1. No later than April 10, 2017, the Defendant will enter a plea of guilty, stating under
cath sufficient facts to support his guilty pleas, to each of two complaints:
A. Complaint 1 — Failing to File a Major Contribution Report - Ala, Code Section
17-5-8.1(0), a Class A misdemeanor
B. Complaint 2— Knowingly Converting Campaign Contributions to Personal Use -
Ala. Code Section 36-25-6, a Class A misdemeanor
2. Sentencing will occur immediately after the acceptance of the guilty pleas; the pre-
sentence report will be waived; the duration of the sentences and the determination
of probation will be at the diseretion of the Court; as part of his sentences the
Defendant will do the following:
A. Pay the following within 1 week of sentencing:
(1) $100 ($50 per complaint) assessment to the Alabama Crime VictimsCompensation Commission;
(2) Full court costs for both complaints;
(3) Fines of $5000 in Complaint 1 and of $2000 in Complaint 2;
B, Reimburse the campaign fund $8912.40 within 1 week of sentencing;
C, Surrender all campaign funds (approximately $36,912.40) to the State of
Alabama within 1 week of sentencing;
D, Render at least 100 hours of community service in his capacity as a licensed
physician to the people of the State of Alsbama within the terms of his sentence.
The Defendant will resign from his position as Governor of the State of Alabama by
letter no later than 1 hour before pleading guilty and provide the State of Alabama
with a copy of that resignation letter before pleading guilty.
‘The Defendant will not seek or serve in any public office.
The Defendant will waive any retirement or other benefits to which he would
otherwise be entitled, including but not limited to benefits under Ala, Code §§ 36-
13-11 and 36-33-2.
‘The Defendant will waive any and all objections to venue and his right to appeal
any issue,
. By signing this document, the Defendant represents that he is an adult; is competent
to enter into this agreement and plead guilty; is satisfied with the work of his
attorney; has been advised of his sights by his attomey; and that he intel
ently,
knowingly, and voluntarily agrees with the terms of the Plea Agreement.
‘The parties agree that this plea agreement resolves all potential state criminal
charges against this Defendant based on pending investigations, including thereferrals from the Alabama Ethics Commission and the matters referenced in the
Pre-Hearing Submission of Special Counsel to the House Judiciary Committee
dated April 7, 2017,
Agreed this 10th day of April, 2017.
L-o esef—
Bleanor I Brooks
Special Assjstgpt Attorngy G
Robert J. Bentley,
Defendant eral
Wiliam C-Athanas Miles M. Hart
Attorney for Defendant Deputy Attomey General
Chief, Special Prosecutions DivisionWARRANT |
STATE OF ALABAMA MONTGOMERY COUNTY DISTRICT COURT
AGENCY NUMBER: s WARRANT NUMBER: WR 2017 000258.00
ORRER NCAR NBR :
TO ANY LAWFUL OFFICER OF THE STATE OF ALABAMA:
YOU ARE HEREBY COMMANDED TO ARREST | ROBERT JULIAN BENTLEY, AND BRING,
EOW(Gee Berges, ge Sustarce, “Cust or HONTOuaRy"COuNTY 20 “answer THE STATE
OF ALABAMA ON A CEMBCERE TO FILE CAMP CLASS: B TYPE: M_couNTS: 001
AND HAVE YOU THEN AND THERE THIS WRIT WITH YOUR RETURN THEREON.
YOU WILL RECRIVE TODY_AND_DETAIN. HIM/HER UNTIL, THE
DAY OF Duro OUR CUP , OR UNTIL ‘SEL EE BER HAnGEp
DATED THIS 10 DAY OF APRIL, 2017.
BOND SET AT: Fy $300.00 BOND TYPE:
3
Shiite By
CHARGES
ORIGINAL
FAILURE TO FILE CAMP
NAME: ROBERT JULIAN BENTLEY
ADDRESS: 1142'S PERRY ST
‘
HAIR: GRY COPY
EkECUTI
EXECUTED THE WITHIN WARRANT BY ARRESTING THE DEFENDANT AND
() PLACING DEFENDANT IN THE MONTGOMERY COUNTY JAIL
() RELEASING DEFENDANT ON APPEARANCE BOND
TRIS DAY OF __
COMPLAINANT: ROBERT STUART
501 D STUART
MONTGOMERY AL 36130
OPERATOR: SHG DATE: 04/10/2017ALABAMA JUDICIAL INFORMATION S¥STEM
* # * IN THE DISTRICT COURT OF MONTGOMERY COUNTY * * *
AGENCY NUMBER: 8 WARRANT NUMBER: WR 2017 000258.00
OTHER CASE NBR: :
COMPLAINT
BEFORE MB THE UNDERSIGNED JURGE/CLERK (MAGISTRATE OF THE DigTRECT COURT OF
ESRSGG vay CSyMay, SALRuneay PERCSURERC™AGEEARGD. RogenZ Brun
BSEPEEHIS 2G SRGRN DEEGEES AAD SAYS SEAT GON Bakr FEQSABES cages. $08 >
WHOSE SAME PS°ORHERWESE ONENOWN TO THE COMPLAINANT, DID WITHIN THE ABOVE
RRMED Sousry "ASS
ON OR ABOUT NOVEMBER PRINGTPA RG SAMBATSN. COMMITTEE POLITICAL ACT
Bur Gol PPtSy, vaNB SLRCED Stars AND SAPGNDSOMUATIED TO Fite Wits T
SECERTARY GF" ctht=_ Ge -gUDGE OF sROBATE REPORTS OF
CONTRIBUTIONS AND ExE=D DURE :
BENTLEY FAILED TO REPORT
8
TO-WIT: ROBE $89,000 LOAN MADE TO
CAMPAIGN Going TTES WitHIN 48 HOURS AS REQUIRED BY LAW.
=8+1(C)-OF THE-CODE-OF-RERBAMA197S2 Sayan,
ry UrOERTTON OF 617-005-088 OF THE CODE OF ALABAMA,
PTO SER SS 3208 Pry op tue starz or arash:
| Cle ii
COPY ORIGINAL
SWORN) TO AND SUBSCRIBHD BEFORE ME THIS THE 10 DAY OF APRIL, 2017.
M MISDEMEANOR
WITNESS FOR THE STATE
ROBERT STUART/501 D STUART/MONTGOMERY/36130
ARE THERE COMPANION CHARGES WITH THIS FELONY/MTSDEMBANOR? __YES/__NO
PLEASE SPECIFY COMPANION CHARGES:Warrant Logo
AFFIDAVIT wé!) Aas
RTO! GOMERY ALABAMA
INSTRUCTIONS: Complete the followi
otters: ike:
Defendant's
zation on the OFFENSE an ENDANT
Bai epectns vio le fo [1-5-3816
info
Robert Tolites Bewthey te fd sare non = 4S.
petesdants adares: U4 2S. Perey Sh; Monte ne Ge 202 tye Clee tein Bo
Dateand Time otOrtese:__ Vow IR, zor
Place of Occurrence: (V1 emer Co. At
Person or Property attaches: Ae Sate B Ab bana —
How Attached we
whe
Demage Done or Property Alta
Value of Property
Details of Offenses: Attached MLL posit os
Revert 5. Bentley did yiolelos AL Code !2-S-81ie) by
Fasing 4 repack a GebrVehed in excess of 20,000 withio
Pepecred Perea.
COPY
T make this affidavit for the purpose of securing a warrant ageinstthe seid_ ‘Qa leet Ben
id that Iam instituting a criminal proceeding and cannot drop this ease, understand that if any
J the foregoing
fects are untrue, I may, in addition to any other punis
nent provided by I
s in this proceeding.
Sworn to and subseribed before me
Complainant
WITNESSES: (name, addres, telephone number)
Robert D.Sheact -S/A
gol pWeshnprl Ave. a - ae
Monty M” 36) 30Warrant Logo
arripavir WEI) AS?
DISTRICT COURT OF MONTGOMERY ALABAMA
"i ENSE end the DEFENDA
once kedronic, Repectng rvo le food JT-5> 3.1
Defendants Name: Be bert Selim! Bentler Race: bo Seip pom __@= 30 4S __
Detendesteaséres: 1142S Perey Sh Monte ti _G' oi: 202 pe Blue un Bo
INSTRUCTIONS:
‘T/OFFENDER,
Date and Tine of ese ares
Place of Occurene: ome, 2. —
Penn or Property arsed Oe Shite 2 Alabamne eases
How Atackeds ____ wie —
Demage Done or Froperty Attacked: whee
Value of Property
ils of Offenses: Attached PEL Dusit
>
Rovert T. Bentley A: yrolelyor AL Code (2-5-8110) by
Failing te pepe rk a Cubrdutes fa excess of P20,009 usthh
Peper Perisde
COPY
davit forthe purpose of securing warentageinstthestid_ ‘Tabet 3. Bentley __
1g and cennot drop this cas
be
r understand that if any ofthe f
sd with court costs
RotS
‘Compleinant
this pro
521 Washnyford Arve,
Monty M36) 30I, Robert D. Stuart, being duly sworn, do hereby depose and
oe COPY
1) I am a Special Agent with the Special Prosecutions
Division of the Alabama Attorney General's Office
assigned to investigate matters related to public
corruption. The testimony contained in this Affidavit is
based on my personal knowledge and the knowledge conveyed
to me by other law enforcement officers.
2) I have been a Special Agent with the Alabama Attorney
General’s Office since Januery 2013. Prior to my being
a Special Agent with the Alabama Attorney General‘s
Office I had over 25 years experience in law enforcement
and public safety. During this period I have conducted
and participated in many criminal investigations. My
work has kept me in close contact with other agents
investigating white collar and public corruption
offenses.
3) Because this Affidavit is being submitted for the limited
purpose of establishing probable cause, it does not
include all the facts that I have learned during this
investigation. Where I report statements made by others,
those statements are reported in substance and in part.
4) I have participated in the investigation of this matter,
and I am familiar with the information contained in this
Affidavit based on my own personal participation in the
investigation, my review of documents, my training and
experience, and information that I have received from
other law enforcement officers.5)
6)
n
8)
3)
Based on my training and experience, your affiant is aware
that it is a violation of ALA. CODE § 17-5-8.1(c) that
unless otherwise included in a report made pursuant to
subsection (a) of Section 17-5-8, the principal campaign
committee or political action committee shall file a
report disclosing the receipt of any single contribution
of twenty thousand dollars ($20,000) or more, These
reports shall disclose the same information required by
Section 17-5-8, and shall be filed within two business
days of receipt of the contribution. Beginning with the
2014 election cycle these reports shall be filed
electronically.
Arrest
This affidavit is respectfully submitted in support of an
arrest warrant for ROBERT JULIAN BENTLEY (BENTLEY),
white/male, date of birth: XX/XX/1943, social security
WMI) to cesices at 1142 south Perry
Street, Montgomery, Alabama 36104.
numbe:
The Investigation
on or about November 15, 2016, BENTLEY contributed $50,000
to his campaign fund in the form of a personal loan.
BENTLEY did not disclose this contribution in any report
until January 23, 2017. A copy of this report is attached
to this affidavit and marked as “Exhibit A”.
Your affiant does believe there is probable cause that
BENTLEY violated ALA. CODE § 17-5-8.1(c) by failing toreport the contribution within the time prescribed by
ALA. CODE § 17-5-8.1{c).
Robert D f=
Special Agent
Alabama Attorney General's Office
6
Sworn to and subscribed before me this lO PP Lad of 20),
2017.
Address:
Alabama Attorney General
501 Washington Avenue
Montgomery, Alabama 36130
(334) 353-0421EXHIBIT A
\\ Fair Campaign Practices Act THIS AREA FOR OFFICIAL USE ONLY
Gigan
Gey ‘Tis docarent was led lesa 00
—" Are (01/23/2017 at 04:29PM with the Electons,
Diision, Os otthe Aasma Seren of
x
Candidate & Elected Official
Campaign Finance Report
SUMMARY FORM 1
Please Print n Ink or Type.
ROBERT BENTLEY
[orice Sought peaude Gavel arava eran Fappieae)
(GOVERNOR |
11 RIOGELAND
oy Sas Casein Nar fig [AAGEOE: 71
ltusca.oosa aL 35405 (934)242-7100,
SiimmenniEc Maeno
1 [Beginning balance (ending balance from previous fling) 4 $346,905.00]
2 [Total Cash Contributions (total from Form 2) 2 $0.00)
3 [Total in-Kind Contributions (total from Form 3) 3 $0.00
4 [Total Receipts from Other Sources (total from Form 4) 4 $50,000.00]
3 [Ending balance (add lines 1,2, 3 and 4) 5 $396,905.90]
‘sree byte Aabone Fa Campo Patna Ac, herby avanrerafim he, Sromioendubcibedbetremetha____ yl
"Fry wrowedge ae betel rand ta year By svenenen eos be
Cuuitatons openures andonerreqrea nornater urge spelen paiodet, <= —
Elecvonicaly Signed by ROBERT BENTLEY, oxrzanosr_| ‘Spranreatvomy Pas
‘Sipe ot Canin Ed cl cute
FORM REVISED 4.52012 Farinas have
Csr ry
et re Rees eee OL eee
Cee
Do you have questions or need assistance? Contact the Elections Division
Callus: 334-242-7210 Nd Write tous:
cin) Elections Division
eee eer eee ee eee ee Ono
Coa eee a ere
> Candidates for County or Municipal Office: File this report with the Judge of Probate of the count
offlee is sought. The address for each county Poet eta et:
Dees odALABAMA FAIR CAMPAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATE/ELECTED
OFFIctAL
FORM 4: Receipts from Other Sources loans, interest, and other sources of income
NAME OF CANDIDATE OR ELECTED OFFICAL: ROBERT BENTLEY
Tiron onl ooinons fom serge me curd 10000 ne ForAragaar at cmutrs fo sauce beeen
‘DONT Lit ean arin Eonrautone on he‘er. Use etme 2 and Sr thors tangs
Foror Joouptere rusauockir | RECEIPT SOURCE
fecopr |'Recerrisacow” | “icreocone)
tlelz Ble lElEle
sooness FY 8] 2 | pounStWBeR wae | F| f g
creed BitBcune | 13] 3 |rountemienawee 121 )EVE1T) ue, | mager
Segrare an 26) §| 2 | Mycitenersns [2] 2/88) 8
ze | 2 | Sacnireensnse" |B :
Ble lelale
ROBERT) [7 RDGELAND : 5000.00
penriey_[ruscatoosa, a. aeaos |_| X x sirania |
[oasis TOTAL RECEIPTS| $50000.00WARRANT
STATE OF ALABAMA MONTGOMERY COUNTY DISTRICT COURT
AGENCY NUMBER: S WARRANT NUMBER: WR 2017 000257.00
OTHER CASE NBR: :
TO ANY LAWFUL OFFICER OF THE STATE OF ALABAMA:
YOU ARE HEREBY COMMANDED TO ARREST ROBERT JULIAN BENTLEY. NG,
HIM/HER BEFORE, THE Foe 2 *BBEEE or RORBERRY SOOREY TO angen Tae Save
LABAMA ON A CHARGE(S) OF:
SEURE/DISCLOSE ECO CLASS: C TYPE: M_CouNTS: 001
FR 4
AND HAVE YOU THEN AND THERE THIS WRIT WITH YOUR RETURN THEREON.
YOU WILL RECEIVE UNTO YOUR CUSTODY AND DETAIN, HIM/HER UNTIL, THE
R UNTIL LEGALLY’ DISCHARGED.
ORIGINAL
DATED THIS 10 DAY OF APRIL, 2017.
BOND SET A‘ I $300.00 BOND TYPE:
Poa ROP ERT, JULIAN BENTLEY ALIAS:
Be FET SPT ‘Bis.
SERS rcouzay STATE: AL ZIP: 36104 0000
: ' BG? 000 888° 0000 axr: 000
HAIR: GRY
EXECUTION
EXECUTED THE WITHIN WARRANT BY ARRESTING THE DEFENDANT AND
{| ) PLACING DEFENDANT IN THE MONTGOMERY COUNTY JAIL
( ) RELEASING DEFENDANT ON APPEARANCE BOND
THIS DAY OF
COMPLAINANT:
RMES 5 MURRAY
Oi WASHINGTON AVE
MONTGOMERY AL 36104
DATE: 04/10/2017ALABAMA JUDICIAL INFORMATION S¥STE=«
* * # IN THE DISTRICT COURT OF MONTGOMERY COUNTY * * *
AGENCY NUMBER: $ WARRANT NUMBER: WR 2017 000257.00
OTHER CASE NER:
COMPLAINT
BEFORE ME THE UNDERSIGNED, JUDGE(CLERK(MAGIGTRATE OF THE DrgTRICT COURT OF
MONTGOMERY COUNTY, ALABAMA, PERSONALLY APPEARED |v
0_ BEING HOR sis AND SAYS THAT HE/SHE HAS BggsBLe EE Cause FOR,
DEEO:
BEpreving ES BELIEVE THAT ROBERT JULIAN SENT! PENDANT,
WHOSE WN, ey Me BP BeBe WEEE EMRNGMN 70 THG'COMPLAENAND, SID WITHIN THE ABOVE
Name COunre"aNo
| SGEAESTE TRIN Se CRUPALCH CONTRESUETONG, TO-WzT: pee es
AUTHORIZED PAYNE! AMouNT OF g8912.00 Hits ae ‘FUND TO PAY
RUST WeRe, PERSONAE IN NATURE
DE OF ALABAMA 1975.
pee ean er aac OF THE Bob OF ALABAMA,
TY OF THE STATE OF ALABAMA:
o A Wwe
chiaianten serene
ORIGINAL
COPY
|
|
|
WITNESS FOR THE STATE
JAMES K MURRAY/501 WASHINGTON AVE/MONTGOMBRY/36104
04/10/2017 ih
ARE THERE COMPANTON CHARGES WITH THIS FELONY/MISDEMEANOR?
NOTE
IF SO, PLEASE SPECIFY COMPANION CHARGES:ne ee
AFFIDAVIT (wei 257]
DISTRICT COURT OF MONTGOMERY ALABA
INSTRUCTIONS: — Complete the following information on the OFFENSE and che DEFENDANT/OFFENDER,
MAL
Otten: __U2E of cowthibu Too) (ae -25-¢) (4% 95 27d)
Defendent’s N Roveat yg. Benzvey eee: tyy sex MA_pos:_ 2/3/93 __
Defendant's Address 112 Sorry sr Mowtoggey mt 619" wy 229 re Bly mir BRO
Date and Time of Oe: 23 /te Beeeee! :
Plece of Occurrence: Aa tan tee AL
PersonorProperty Attcked: STATE ALABAMA
How Anecked A
Damage Done or Property Atachds —__/ —
Valu of Proper Na
Details of Oferse: zeled ADs —
Repeat 5, BEXTLEY DID VIoLATE AL tore 36-25-% -ow
Jan. S$ olb Ge AUTHORIZED THE C4ymowT of FHEFIZ AO
From tS UnmsaloN Fund wo 4 LAW FIM FoR AN JLLEGI TATE
Pur Past Lesasemar use)
COPY
I make this affidavit for the purpose of securing warrant ageinst the said x Le —
Tunderstend
thet I am instituting a criminal proceeding ar
ccennot drop this case. I further understand that if eny of the foregoing
facts are untrue, I may, in addition to any other punishment provided by lew, be taxed with court costs in this proceeding,
‘Sworn to and subscribed before me
nis LO ma dey of _APRI _, 20t7 \ VI.
Sh, oO Complainant 0
Judge
Clerk — Canvas
WITNESSES: (name, sédress telephone number)
Sol AS HLYLTO A) A asia a
Mon Troms, Le
Sk Tames €. muansy ~I,
James K. Murray, being duly sworn, do hereby depose and
state:
2)
3)
4)
Background
I am a Special Investigator with the Special Prosecutions
Division of the Alabama Attorney General’s Office
assigned to investigate matters related to public
corruption. The testimony contained in this Affidavit is
based on my personal knowledge and the knowledge conveyed
to me by other law enforcement officers.
I have been a Special Investigator with the Alabama
Attorney General's Office since January 2011. Prior te
my being a Special Agent with the Alabama Attorney
General’s Office I had over 22 years experience as 4
Special Agent in the Federal Bureau of Investigation
(FBI). During this period I have conducted and
participated in many criminal investigations. My work
has kept me in close contact with other agents
investigating white collar and public corruption
offenses.
Because this Affidavit is being submitted for the limited
purpose of establishing probable cause, it does not
include all the facts that I have learned during this
investigation. Where I report statements made by others,
those statements are reported in substance and in part.
I have participated in the investigation of this matter,
and I am familiar with the information contained in this
Affidavit based on my own personal participation in the
investigation, my review of documents, my training and
experience, and information that I have received from
other law enforcement officers.6
ny
8)
Based on my tr.
ing and experience, your affiant is aware
that it is a violation of ALA. CODE § 36-25-6 for
contributions to an office holder, a candidate, or to 4
or transitional fund to be
public official's inaugur
converted to personal use.
Arrest
This affidavit is respectfully submitted in support of an
arrest warrant for ROBERT JULIAN BENTLEY (BENTLEY),
white/male, date of birth: XX/XX/1943, social security
Street, Montgomery, Alabama 36104.
who resides at 1142 South Perry
The Investigation
on or about January 3, 2016, BENTLEY authorized the
payment of $8,912.40 from his campaign fund to Copeland,
Franco, Screws & Gill, PA. A copy of this check is
attached to this affidavit and marked as “Exhibit A”.
This payment compensated that law firm for its
representation of Rebekah Caldwell Mason concerning her
service as BENTLEY’s “Senior Political Advisor” while
receiving compensation from the Alabama Council for
Excellent Government (ACEGOV) and while she was not 4
state employee.
Your affiant does believe there is probable cause that
BENTLEY violated ALA. CODE § 36-25-6 by converting
political contributions to personal use.TE.
Jémes Murray
Special Investig
Alabama Attorney General's Office
ith ppcil
sworn to and subscribed before me this | APday of awh.
2017.
MAGISTRATE
Address:
Alabama Attorney General
501 Washington Avenue
Montgomery, Alabama 36130
(334) 353-0421EXHIBIT A
Posting Date: 2016-01-06, Debit/Credt: D, Amt: 8,912.40, Posting Acct: aia
‘BENTLEY FOR GOVERNOR IN!
rom
mean auaL Nd
45