WILLIAM G. MONTGOMERY MARICOPA COUNTY ATTORNEY By: M. COLLEEN CONNOR State Bar No. 01 JOSEPH I. VIGIL State Bar No. 01 Deputy County Attorney MCAO Firm No. 000000 ca-civilmailbox@mcao.maricopa.gov CIVIL SERVICES DIVISION Security Center Building North Central Avenue, Suite 10 Phoenix, Arizona 00-0 Telephone (0) 0-1 Attorneys for Maricopa County Attorney's Office OFFICE OF MARICOPA COUNTY ATTORNEY CAMPAIGN FINANCE PROCEEDING 1 1 1 In The Matter Of, TOM HORNE, Tom Horne for Attorney General Committee (SOS Filer ID 0 0000); KATHLEEN WINN, Business Leaders for Arizona (SOS Filer ID 0 00) NO. F-CF00001-MCAO MARICOPA COUNTY S WITNESS & EXHIBIT LIST (Assigned to the Honorable Tammy Eigenheer) 1 1 1 0 1 Pursuant to the Court s Order Setting Pre-Hearing Conference dated November 0, 0, Maricopa County submits its Witness & Exhibit list. Maricopa County intends to call the following witnesses: 1. Mark Stribling Mr. Stribling will testify to the information obtained throughout his investigation into the independent 1
1 1 1 1 1 1 0 1. Kathleen Winn Ms. Winn is expected to testify to her knowledge of the independent. Tom Horne Mr. Horne is expected to testify to his knowledge of the independent. Carmen Chenal Ms. Chenel is expected to testify to her knowledge of the independent. Mike Vargas Mr. Vargas is expected to testify to his knowledge of the independent. Chuck Johnson Mr. Johnson is expected to testify to his knowledge of the independent. Deborah Miller Ms. Miller is expected to testify to her knowledge of the independent. Greg Tatham Mr. Tatham is expected to testify to his knowledge of the independent expenditure committee and his knowledge of Mr. Horne s commercial real property transactions.
1 1 1 1 1 1 0 1. Meg Hinchey Ms. Hinchey is expected to testify to her knowledge of the independent Maricopa County intends to use the following exhibits: 1. Transcript of Eugene L. McKenzie, Jr. interview March 0, 0. [MC- 000001- MC-0000]. FBI document dated 0/0/0, stating documents from the RSLC pertaining to their contributions to the BSA bate labeled Maricopa 0001-0 were placed in a FD- envelop. [MC-0000]. Summary of Interview & Transcript of James Waring, interview date 0//0. [MC-0000-MC-0000]. Summary of telephonic investigation of Lowell Keith Brunner conducted on 0/0/0. [MC-0000-MC-0000]. Summary of interviews with Amy Chan and Nancy Read, interview date 0//0; Chapter Campaign Contributions and Expenditures Handbook attached. [MC-0000-MC-0000]. Transcript interview of Vanessa Deatherage, interview date 0/0/0. [MC-000-MC-000]. Summary of information provided by Ryan Ducharme, dated 0//0. [MC-000-MC-000]. Transcript of Sharon Collins, interview date 0/1/0 [MC-000-MC- 0001]. Transcript of Sharon Collins, interview date 0/1/0 [MC-0001-MC- 0001]. Summary, by special agents, regarding a telephone call on 0/1/0 from Sharon Collins. [MC-0001]. Summary, by special agents, regarding a telephone call on 0/0/0 from Don Dybus. [MC-0001]
1 1 1 1 1 1 0 1. Transcript of Sharon Collins, interview date 0/1/0. [MC-0001-MC- 0001]. Transcript of Lucia DeVernai, interview date 01//0. [MC-0001-MC- 0001] 1. Transcript of Ryan Ducharme, interview date 0//0. [MC-000- MC-000] 1. Transcript of interview with Don Dybus on February, 0. [MC- 000-MC-000] 1. Summary of interview on 0//0 between Steve Ellman and special agents regarding Ellman s $000.00 contribution to BLA. [MC-0001-MC- 0001] 1. Transcript of interview with Thea Farmer on 0/0/0. [MC-0001-MC- 000] 1. Transcript of interview with Michael Flynn on March, 0. [MC- 000-MC-000] 1. Transcript of interview with John Folse on July, 0. [MC-000-MC- 000] 0. Summaries of interviews on 0/01/0 & 01//0 between Mark Goldman and special agents regarding Goldman s $,000.00 contribution to BLA. [MC-000-MC-0000] 1. Transcript of interview with Mark Goldman on January, 0. [MC- 0001-MC-0001]. Transcript of interview with Mark Goldman on April, 0. [MC-0001- MC-000]. Summary of interview on 0/0/0 between Gregory Y. Harris and special agents regarding checks he delivered on two separate occasions and contacts with Winn & Chenel. [MC-000-MC-000]. Transcript of interview with Linnea Heap on April 0, 0. [MC-0000- MC-000]. Transcript of interview with Gail Jackson on April, 0. [MC-0000- MC-000]
1 1 1 1 1 1 0 1. Transcript of interview with Charles Johnson on April, 0. [MC- 000-MC-000]. Transcript of interview with Russ Jones on April, 0. [MC-000- MC-0001]. Transcript of interview with Russ Jones on February, 0. [MC-0000- MC-000.. SDT to Texas Loan Corporation & Transcript of interview with David King on March, 0. [MC-0000-MC-000] 0. Transcript of interview with Ron Lebowitz on March, 0, summary by special agents & transcription of March 1 th voice mail left by Ron Lebowitz. [MC-000-MC-000] 1. Transcript of interview with Edmund D. Marshal on February, 0, & summary by special agents. [MC-000-MC-0000]. Transcript of interview with Brett Mecum on April 0, 0. [MC-0001- MC-000]. Transcript of interview with Deborah Miller on March, 0. [MC- 000-MC-0000]. Agent summary dated June 0, 0of phones calls Deborah Miller received. [MC-0000-MC-0000]. Transcript of interview with Wendy Miller on April 1, 0. [MC-0000- MC-000]. Transcript of interview with Brian Murray on April, 0. [MC-000- MC-000]. Transcript of interview with Brian Murray on April, 0. [MC-000- MC-00]. Transcript of interview with Christine Newman on May, 0. [MC- 00-MC-00]. Documents from Richard Newman in compliance with a SDT. [MC-00- MC-00]
1 1 1 1 1 1 0 1 0. Transcript of interview with Richard Newman on May, 0. [MC- 00-MC-000] 1. Transcript of interview with Kimberly Owens on April, 0. [MC-000- MC-00]. Transcript of interview with Amy Rezzonico on March, 0. [MC- 00-MC-00]. Transcript of interview with Andy Rubalcava on March, 0. [MC- 000-MC-00]. Transcript of interview with Susan Schmultz on June 1, 0. [MC- 00-MC-001]. Transcript of interview with Tim Sifert on June 1, 0. [MC-001-MC- 0011]. Transcript of interview with Nathan Sproul on April, 0. [MC-001- MC-0010]. Transcript of interview with Camilla Strongin on April, 0. [MC- 0010-MC-0011]. Transcript of interview with Michael Vargas on February 1, 0 & summary by special agents. [MC-0011-MC-001]. Agent summary of David Wayne King interview. [MC-0010-MC-0010] 0. Transcript of interview with George Wilkinson on June, 0. [MC- 0011-MC-00100] 1. Transcript of interview with George Wilkinson on April 1, 0. [MC- 00101-MC-001]. Transcript of interview with Chad Willems on April, 0. [MC-001- MC-001]. Transcript of interview with Jim Ogsbury on April 1, 0. [MC-0010- MC-001]. Documents provided by Deborah Miller regarding Horne campaign, includes various emails, a calendar and supporting event materials. [MC- 001-MC-00]
1 1 1 1 1 1 0 1. Letter dated September, 0 to Ken Bennett from Michael Kimerer re: Horne investigation. [MC-00-MC-001]. Summary by special agent regarding a telephone call received from Donnelly Dybus who provided information about Deborah Miller and conversations Miller had with Carman Chenal about Horne. [MC-001- MC-001]. FBI memo regarding contributions made by the Lee Schear and his family in hopes of electing individuals who were less opposed to the pay-day loan industry. [MC-001-MC-001]. Memo dated May, 0, written by Mark Stribling regarding meeting with FBI agents concerning Kathleen Winn s involvement with BLA and the Tom Horne campaign. [MC0010-MC0011]. Subpoena Duces Tecum to Linnea Heap dated March, 0. [MC- 001-MC-001] 0. Copy of check in the amount of $,000.00 from Steven Ellman to BLA, dated October, 0. [MC-001] 1. Subpoena Duces Tecum to David Wayne King dated February, 0. [MC-0001-MC-0010]. Email from David King to Bridgette Villines dated Ocotober 1, 0, regarding contribution to Business Leaders for Arizona concerning issuance of a check in the amount of $1,000.00. [MC-0011]. Photo copies of checks from the Texas Loan Corporation, Gene and Linda McKenzie, & David and Nancy King. [MC-001-MC-001]. Email dated October 0, 0, from Kathleen Winn to Brian Murray, re: Horne VO. [MC-00 & MC-001]. Email dated October, 0, from Brian Murray to Steve Sparks in which Murray makes Sparks aware Murray warned to Winn to cease contact with Horn.. Email dated October, 0, from Kathleen Winn to Tom Horne regarding recent polls. [MC-001-MC-001]. Email dated October 1, 0, from Kathleen Winn to Brian Murray
1 1 1 1 1 1 0 1 regarding Rotellini Rough cut. [MC-001]. Email dated March 1, 0, from Tom Horne to Brian Murray regarding Tom Horne Fundraiser. [MC-001]. Email dated October, 0, from Kathleen Winn to Brian Murray, news article titled National groups pump nearly $1M into last-minute adds for Horne, Rotellini. [MC-0010-MC-0010] 0. Email dated October, 0, from Kathleen Winn to Brian Murray regarding BLA media Buy. [MC-001] 1. Email dated September, 0, from Kathleen Winn to Deb Miller regarding Tom s schedule. [MC-001]. Email dated October, 0, from Kathleen Winn to Brian Murray regarding money and ads. [MC-001]. Email dated October 1, 0, from Kathleen Winn to Brian Murray regarding Rotellini Rough Cut. [MC-00100]. Photo copy of BLA checking account summary and copies of various checks. [MC-0010-MC-0011]. Political Committee Statement of Organization for Business Leaders for Arizona, dated 1//0, signed by Kathleen Winn as Chairman on 1/0/0. [MC-001-MC-001]. Photo copies of checks written to Business Leaders for Arizona, daily transactions log for BLA account and checking account summaries. [MC- 001-MC-001]. Email dated February 1, 0, from Amy Chan to Brian Grehoski regarding changes Kathleen Winn filed with the Secretary of State s Office. [MC-001-MC-001]. Campaign Finance Report for BLA, Amended 0 Post-General Election Report, Election Cycle 00-, date filed February 1, 0, Reporting Period October 1, 0-November, 0. [MC001-MC-0011]. Campaign Finance Report for BLA, Amended 0 Post-General Election Report, Election Cycle 00-, date filed December, 0, Reporting Period October 1, 0-November, 0. [MC001-MC-0010]
1 1 1 1 1 1 0 1 0. Campaign Finance Report for Republican State Leadership Committee, Amended 0 Post-General Election Report, Election Cycle 00-, date filed December, 0, Reporting Period October 1, 0-November, 0. [MC0011-MC-001] 1. Subpoena Duces Tecum to the Republican State Leadership Committee, dated January, 0. [MC-001-001]. Subpoena Duces Tecum to Targeted Creative Communications, dated January, 0, [MC-0011-MC-001]. Email dated April 1, 0, from Maureen Riordan to Kathleen Winn regarding Response to BLA s good cause request. [ MC-001-MC- 001]. Secretary of State s file 0-00, 0 for BLA. [MC-001-MC- 000]. Secretary of State s file 0-00, 0 for BLA. [MC-000-MC- 000]. Secretary of State s file 0-0000, 0 for Tom Horne for Attorney General. [MC-0000-MC0001]. Secretary of State s file 0-001, 0 for Republican State Leadership Committee. [MC000-MC000]. Secretary of State s file 0-000, 0 for Tom Horne 01. [MC- 000-MC-000]. Subpoena Duces Tecum to Sarah Brock, dated February, 0. [MC- 000-MC-000] 0. Subpoena Duces Tecum to NCP Finance Limited, dated February, 0. [MC-000-MC-000] 1. Subpoena Duces Tecum to Lee Schear, dated February, 0. [MC- 000-MC-0000]. Subpoena Duces Tecum to Richard Newman, dated February, 0. [MC00-01-000]. Subpoena Duces Tecum to David King, dated February, 0. [MC000-MC000]
1 1 1 1 1 1 0 1. Subpoena Duces Tecum to Texas Loan Corporation, dated February, 0. [MC-000-MC-000]. Subpoena Duces Tecum to Linda McKenzie, dated February, 0. [MC- 000-MC000]. Subpoena Duces Tecum to Eugene McKenzie, dated February, 0. [MC-000-MC-0000]. UMB Financial Corporation s response to a Subpoena Duces Tecum served on December 1, 0. [MC-0000-]. BLA Amended 0 Pre-General Election and Post General election campaign finance reports. [MC-00-MC-001]. Subpoena Duces Tecum to Targed Creative Communications served on February, 0. [MC001-MC-001] 0. Subpoena Duces Tecum to the Republican State Leadership Committee, served on January, 0. [MC-001-MC00] 1. Republican State Leadership Committee s Response to SDT, served on January, 0. [MC-001-MC-000]. State of Arizona Statement of Registration for Corporations, LLCs, or Labor Organizations Making Independent Expenditures, dated October, 0, by the Republican State Leadership Committee. [MC-000]. Affidavit of Kathleen Winn, dated March 0 th 0. [MC-00-MC- 00]. Second Amendment to Affidavit of Kathleen Winn, dated May 0 th, 0. [MC-00-MC-00]. Documents related to the investigation of Tom Horne and Kathleen Winn and the Independent Expenditure Committee known as Business Leaders for Arizona, provided by Special Agent Hinchey. [MC-001-MC-00]. Search Warrant #SW0-000, dated May, 0, for Horne and Winn emails. [MC-00-MC-000]. Affidavit in Support of Extension of Time to Return Search Warrant, dated May, 0. [MC-00-MC-001]
1 1 1 1 1 1 0 1. Return of Search Warrant dated May, 0, with attached documents regarding emails obtained. [MC-001-MC-00]. Stribling Memo dated Mary, 0, with attached documents regarding execution of search Warrant SW#0-000 upon Google. [MC-00- MC-00] 1. Stribling Memo dated May, 0, with attached documents regarding search Warrant SW#0-000 upon Google. [MC-00-MC-00] 1. Subpoena Duces Tecum served February 1, 0, upon Kathleen Winn, copy of Winn s journal attached. [MC-00-MC-000]. FBI Memo dated July 1, 0, regarding telephonic interview of Greg Tatham by SP Mervil Mason on May 1, 0, regarding sale of strip mall owned by Tom Horne with attached real property documents and e-mail provided by Greg Tatham.. Documents obtained from First American Title Insurance regarding Horne property SEC of th Ave. & McDowell Rd.. Case file of Detective Mark Stribling, Maricopa County Attorney s Office, regarding the investigation of Thomas Horne and Kathleen Winn.. State of Arizona Political Committee Statement of Organization filed by Kathleen Winn, dated December 1, 00.. Two emails from the Secretary of State confirming receipt of the campaign finance reports for January 1 st and June 0 th reports that were filed on July 1, 0.. Email dated August 1, 0, from Kathleen Winn to the Secretary of State explaining that the BLA s Preliminary Election Report was late because she was out of town.. Various emails for the time period of September, 0-October 1, 0, between Tom Horn, Winn, Carmen Chenal, Michael Vargas, Gail Jackson, Kim Owens, Tim LaSota, Deb Miller, Russ Jones and Chuck Johnson showing Winn s involvement in the Horne campaign after the Primary Election.. Email dated October 1, 0, from the Secretary of State confirming receipt of the Post Primary Election Report on October 1, 0.
1 1 1 1 1 1 0 1 0. Affidavit of Kathleen Winn signed March 0, 0. 1. Amended Post-General Election Report filed on December, 0, by Kathleen Winn on the behalf of BLA for the time period of October 1, 0 through November, 0.. Emails dated October 0, 0, from Brian Murray to Winn regarding the Rotellini commercial and script.. Email dated October, 0, Kathleen from Winn to Brian Murray making reference to the campaign.. Reasonable Cause Notice In the Matter of Tom Horne, Business Leaders for Arizona, (SOS Filer ID 000), and Kathleen Winn, dated September 0, 0.. Letter dated September 0, 0, to Bill Montgomery from Ken Bennett, requesting a review of materials associated with the expenditure committee Business Leaders for Arizona.. All telephone records obtained throughout the course of the investigation by the FBI and the Maricopa County Attorney s office regarding Thomas Horne and Kathleen Winn.. All documents and information obtained throughout the investigation by the FBI and the Maricopa County Attorney s office regarding Thomas Horne and Kathleen Winn.... RESPECTFULLY SUBMITTED this th day of December, 0. WILLIAM G. MONTGOMERY MARICOPA COUNTY ATTORNEY BY: s/ Colleen Connor COLLEEN CONNOR Deputy County Attorney Attorney for the Maricopa County Attorney's Office
1 1 1 1 1 1 0 1 ORIGINAL of the foregoing was E-FILED this th day of December, 0, and electronically submitted to registered parties of record: Honorable Tammy Eigenheer Administrative Law Judge ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS 100 West Washington Street Suite 1 Phoenix, Arizona 00 casemanagement@azoah.com Michael D. Kimerer, Esq. KIMERER & DERRICK, P.C. 1 East Indianola Avenue Phoenix, Arizona 0 MDK@kimerer.com Attorney for Tom Horne for Attorney General Committee and Tom Horne Timothy A. La Sota, Esq. TIFFANY & BOSCO, P.A. East Camelback Road rd Floor Phoenix, Arizona 01- tal@tblaw.com Attorney for Business Leaders for Arizona and Kathleen Winn s/ Tyna M. Garcia Larry L. Debus, Esq. DEBUS KAZAN & WESTERHAUSEN LTD East Palm Lane Phoenix, Arizona 00 lld@dkwlawyers.com Attorney for Kathleen Winn and COPY mailed to: The Honorable Ken Bennett SECRETARY OF STATE 100 West Washington Street th Floor Phoenix, Arizona 00-0