6" FEDERAL ELECTION COMMISSION WASHOCIO. 0 C MW3
11 n THIS ISTHE EGINIM OF MIJR #
DATE FIUMD 1-31- " *,RA so.
CMRM As to ,FDEPAL It-;,,
BEFORE THE FEDERAL ELECTION COMMISSION 89 SEr -7 A 11: 11
BILLY A. FRANKLIN,
Complainant, V. No. IldkKC 9Wg DAVID K. McCLOUD c/o 493 Russell Senate Office Building Washington, D. C. 20510 and
THE ROBB FOR SENATE COMMITTEE c/o Russell Senate Office Building Washington, D. C. 20510
Respondents.
COMPLAINT
1. This Complaint is filed by and on behalf of CA Billy A. Franklin, 1836 Green Hill Road, Virginia Beach, Virginia.
BACKGROUND
2. The Complainant, Billy A. Franklin, is a duly licensed attorney and a private investigator and has conducted business in both professions in the City of Virginia Beach, Virginia.
3. During his term of office as Governor of Virginia,
Senator Charles S. Robb was the subject of frequent and numerous rumors and stories regarding drug usage, exotic social conduct and association with various questionable people. 4. During the Summer of 1986,, the Complainant was
retained by an individual to ascertain the truth or falsity of
such rumors, the legality of the conduct of then Governor Robb
and the possibility of liability referring to such stories in
a book on Virginia politics.
5. The stories and rumors had been widely circulated
around the State and had actually been the subject of numerous
articles and accounts in both the print and visual media. (See
Washington Post article dated 5/17/87 and Virginian-Pilot article
dated 8/28/88 attached hereto and marked Exhibits "All and "B").
P14% 6. During the course of his work, the Complainant began
P41 to uncover information and individuals that had not been previously
discussed in news accounts.
7. In an effort to intimidate the investigation, bring
it to a premature termination and to manipulate the press coverage
of the matter, David K. McCloud, on behalf of the Robb for Senate
Committee, filed a Complaint with the Federal Election Commission.
0 8. The aforementioned Complaint was devoid of factual
information and lacked in specific allegations of any violation
of any statute or regulation.
VIOLATION
9. The Complaint was filed by David K. McCloud on
August 12, 1988. 10, 7hat contemporaneously with the filing of such
Complaint, to the best of this Complainant's knowledge and belief,
either David K. McCloud, or an agent of the Robb for Senate Committee,
"leaked" the contents of such Complaint to Robert Melton, a reporter
with The Washington Post and various other reporters in order to obtain
a favorable "spin" of news accounts of the incident for Senator Robb.
(See Washington Post articles dated 8/30/88 attached hereto and marked
as Exhibit "Cl" and "C2").
11. That such actions by either McCloud or the agent for
the Robb for Senate Committee were a knowing and willful violation
of 2U.S.C. 437g (12) (A) (B) and 11 C.F.R. Ch.1, 111.21.
12. That contemporaneously with the filing of such
Complaint and Addendum thereto dated August 26, 1988, to the best
of this Complainant's knowledge and belief, either David K. McCloud,
or an agent of the Robb for Senate Committee, "leaked" the contents
thereof to Rose Ellen O'Connor, a reporter with The Virginian-Pilot
and Ledger-Star, and various other reporters in order to obtain a
favorable "spin" of news accounts of the incident for Senator Robb. C (See Ledger-Star article dated 9/15/88 attached hereto and marked as
Exhibit "D"). 13. That such actions by either McCloud or the agent for
the Robb for Senate Committee were a knowing and willful violation
of 2 U.S.C. 437g (12) (A) (B) and 11 C.F.R. Ch.l, 111.21.
14. That contemporaneously with the filing of such
Complaint and Third Addendum thereto dated July 6, 1989, to the
best of this Complainant's knowledge and belief, either David K.
McCloud, or an agent of the Robb for Senate Committee, "leaked" the 0W . 0 contents thereof to R. H. Melton, a reporter with The Washington Post and various other reporters in order to obtain a favorable "spin" of news accounts of the incident for Senator Robb (See
Washington Post article of 7/7/89 and Virginian-Pilot and Ledger- Star article of 7/9/89 attached hereto and marked as Exhibit "El"
and "E2").
CONCLUS ION WHEREFORE, Billy A. Franklin requests that the General Counsel of the Federal Elections Commission recommend that the Commission find probable cause to believe that the Robb for Senate
Committee released, or caused to be released, information in their
Complaint, Addendum and Third Addendum to the Complaint, without
the prior written consent of the Respondent, as required by 2 U.S.C. 0 437g (12) (A) (B).
C'T Billy A. irnkin
Subscribed and sworn to before me this C2L day of August, 1989, in the City of Norfolk, State of Virginia.
Notf y (Cynthia M. Upson)
My Commission Expires: 2- - 5/ AY, h9O17,1 137 Robb Loves Beach, Sun, Fun Wife. C 1;~iai~'I110111111111 *r Kl- hler r'd ."the 11a11"'lid. "ftly reit Ill lr . good looki. stoppelr trIt.llt, ye, r'old developer. who i4 very bikini whenever site -tit nloeIrying to *l'orp1sor said thatt al:l hoI'i1re weirirg her " liniry I 19ee be there." l,es rot know (ermwell, Ilik 'vi(c it ktirw L.yrr.' would 1ll: fil' inl, a Irnx.malking frlre fair kin," ohi, (lie best friendI of Faith Hrn. Ih. "l.ya has v of autoinraton0, it really "he ca||'t stay mt ill Ihe "rt lvihorse Irrarria.e IH Kern last yrrr eapl-iicd. sun. I'll) just the opposite. I have it h why I like the beach so ,,va recelltly a.uttntled. nirli darker ,skin." rf1l %ncialie,. . evel stay Robb sid he h no recoile01cti, 1,(Jl I recalled Robh as.the and have a1 of I(crn but said lie night have hcen One friend out lile once itt a while. at a Virinia Beach iliotographed with hli at a volley- life of the party Fiod tine, Ill a less gtiarrled way. niw Of Rnhb's golf. hall tournamet. Vulhcyball Isoli uf o'lice hot.orlil I'cnI dvltrlrt there expect that." Roger Malhoti, as lthemai activities at the beach, nd ir - part era. 'N NIliy 3 story in tile Richi elol Rolb 'imtilt have l.olil is air elthu.siatic pariticiplit. "Mr. flciocrit." 1 rninC5.l Il il Sbltirtgld a federal Nal there," said and otlh- 'l'ifres-vipatct on May 3 ulaicerl with every 'urc' as riyiir that Kern The lactivity of Kern's lawyrrs ns lhe frictnd, dding that sch er t idrilitir1I ,vititesses said that rItioted vile L)r.il Eitiorce- is u -uulbccauue "'Chuck Isn't lie - ver IiI' l.rst live yf.rs alld Olt ru" ,;'yilrg ithat ercral l aKelt told world's. best dancer. Uy tie el of irr ncr iatiOlS,"Rohh attetd'd tetit Adliiiistratint ieeti irhtrt- tireevenin. lie was sweallli like a1 icrCihlrorrt pirtie.S where guests him tlr t Robb had graphed last fall' at Kerns house 'pig." L'SeI c'"',lire. Smith -laid oilier partying pals of nt rlirg se." Sollitli while it was under surveiliaitce. "We'r whom are conservative lIre 1h atlorisey later chnrgd tlre Rtobb. 'all of 1,1:4, 1111t we cnmnt puaraitce is very irt said ally pictures r4 t)etncrats-aid Chuck errli I l I,1rt16(y nf 11tile peorle" wvhnatletirt Pirarcitly coniservativC," include Jerry pI'tties that s tilih .,11d lbb rirl Ker tolgrlthcr tile Itrgr ronfii- Mioralrd, the owner of a chain of lher-4 lin( at tleir waterfront were taken Iiy lnicrls ind i who invented a pro. people." cited ty federal aulhorities durirrg supcrinarkets lhtiirs. "People briig other bamnns while a scarch of Kcrn's house. The cers for ripcniutg Sirr1t1 -id. shlpjuinR thei to Norfolk (rmm naive, or hrorrse Irs Iceet seized by lhe fcd- "I rlor't.wntrt to sntettd America; Edwin S. Rullin. holir~lln-t o bbRrhsaid, "but eral govrrimientt .d will be sold as South arrairge- 47. a Thornp.on partner who owns I've i11y trever ill my life pos. part of Kern's plea bargain about six bars and restaurants; Dart druig. ntrd wiet. llyr.td form of iileg.l Fry, a develnper, and John A.spit- a so- As gcvernor, Rohb oftei spent a I 'va. rever Aware of being at wall, a inovinig and storalle cosifpany using iight or weekend st a mhoest cot- cial event where riyono was chief owner. it." tage, reserved for the state's or poyseiMnIgR he first heard gossip executive, at Caip 'endeltoit, an lfobh said Stclh slaenlieitsare cosAintellt link him to drug users ocean-iront base of the Virginia Na- ,, atlmoplioil to with the portrait.pltited by Itubb at"thee' bOech'but-' moth ago, jut- llossal Guard Just south of Virginia ail,It icr,, of Ive slrnit-lced, one his friends called to re- Inexperleiced for- each's iAin 'colnutercll strip. %vlleri j.lwet, pnlitically put. "a very clear fenIlg that a Corps honor giuard "It was lily salnctuary, lily re. ier MInirhc Pi -fod ptry was beig used for po. who. 1) years niter marrying the trent," Robb, aId. Now that he no longer is ill irlhlie liticnt trurposes.* cli tr (1'T~lrt'er of l'resldent Junt that clarge," ltlbb office, lie visits the honier of his 'I dmit miake ,^ni, wli 'leacted lictittant govcrtn- noted that "the poteit- frieds, includiiig Swith'. IfRoblb si(l. but lie or of Virgii,., tin for :thtite is enorilolis" unider was elected said lie likes the beach srntircit nid r"ur years later lie jury system, in which tes- chairitrat has spent so mituchtitile thlere itt tire tie grand govcn or. Currctlhy, ic Is secret and witness.es past decade that lie is determined tiniony is kept id one of the (oruntlers of the ccit- lmnunily from to [lily a house there, often are granted Iist Ietnocralic Leadership Cour- for Infor- half dozen real estate prosecution In exchange Icriand is viewed as a ational carr- "I've got a agents helping nre,* he said. "I must mation. did.ile-in-waithlg. that the grand Jury have looked at every piece of beach- Tips allegitig Abr.tit tle olily place Robb is a had discovered a Rnb front property that has comie on the invcstigntion swingrer is ott the golf course, where tle- tilt lie has iut fOttutd proximity to cocaine rse were a topflitht antateur, but evet m1rarket there." e r tie Is ill that his beach o ".my _phomtei _ a varlous-newspaPWa.shingtonn lobb tmet hniw = ie yetpossibly, cillg,,' .-.becauser ...... - .... ~ . to The fricrri, who brag lout their'" papers investigated "Lynda is not as crazy aborrt the Post. Several hortres, their cars ard their women, but did not print Ihlnei Ireach as I am," Robb said, referrilig the charges ire rint all workitig on Doy Scout to the Rich. to his wife. "Site goes to the beach until Robb responded merit hadges. story. basicall9 to be wilh fie. She is not iond Tinies-DWipatch Robb -ahi lie is convinced tait said that otte of as iltucli interested in tie sun or Rolb supporters rmitri of lIr.fniiids In involved with Richard G. surf as 1 .1111.It Is one of lie few Kern's attorneys, rrtigs. lie recalled, however, that a been a member of the areas where.Lynda siid I are differ- Brydges. had "few years ago," when he first commission uttil el(." slate highwfr, hearil reports of widespread tise of governor. Robb did Ote Robb family friend recalled Robb becaie cocairre at the heach, "I stayed away him. Kern's other a 4 that Lynda Rohb once refused to noIt reappoint front sonre or his friends "for Sen. A. Joseph Can- get out of the car to look at another attorniey, state while." fleach, was tlhe young, beach-front property. This saute ria Jr. of Virginia "We ,re all sticcessful, Republican nominee frieid said that Lynda appeared to unsuccessful irlellctiral. attractive people, not govenror agailnst has anything to do with he unconrfortable among tile bikiti- for licuteitnt Iltat looks of her Robb in 1977. Siith. a 38-year-old law- clad wives atrd girlfriends it." said . llrydlges ati Cnada said ltey ycr. lusband's frledls. rumors showed lip itt aIloly- iad no role in spreading "We Al have gRorReoti wives att" "Stc always hat anrd grannrry dress dowin to about Robb. girIfrenads," added artother friend e! py rile-ased Americ.n mile . ,- r,, havig tim. lerttnmn iii h,-r d,)', Rolb, Allies Dismiss lumors bel~Ig inforimal." lI(mihi, 47, wlV terviewed'for two hour t-,..t , In Ili%law office it dowiltmV, W. Fromii Virginia Cocaiic Probe hington nd hi.,s willigrly taP lit record wlli reporters front ir lat werk Ihnt "Chuck Robb i. lot .1 eral new argarmilntionts slice ti Ily ionnild 1'. Onker trget n illy Ilivesttlatgion hy this rumors begin. ollie." Noie of Robh's friends "nfi Robb said. "I'm sure I've g' After a Richinwid newspaper sand acqiinarimces interviewed by The friemid at the bench who helie% that former Virgilli- governor WashlIglon Post dnrittg the pNst sonc Of 1h Aleltallogrs. li I.,: Charles S. Rohb's ime caime tip ii three weeks h.s said tie has ever that il tryling In bo candid, hy m: a lederal grAnrdjury illvestligtion of leel lohh tuse cocaitie. li, "Yes. I have ateiffe l p,"or cocaine trafficking in Virgi.i. They do describe a Cinick Robb Yeu, I hive had a gtoud (itnl, - ,-, lleach, sonic of Ro16's alics dis- no( ofteir seen hy the puiblic as oge bonn as an 1tdiviuhnn l mmiiwili fi tised the report is preposlerois. who loves the beacil anl enjoys his family amd friends. Ald qomc", olhers )okei Ihat it uiight lightqi friends there. will ta ke a little slice nfthat 1 Robb's stodgy ImIRge. The stories about cociine stein say, 'lit coifimills: lit's e Attorney Stciii Smith said, from the fact that several of those devce, lie was there nt thal ,:t ty while laughing, "I gucss you could friends know DoalM F. Kern, a Vir- "There Is all Inage of ils tim I say Chuck Is a Coke addict." Smith, ginia fleacli dentist.tnrned-revcl- incapable of having a good tihc,, i whose. home It Virginia ich is a oper who recently pleadd Rifirlly to said. "People Im pthlic life l. favorite hideaway of Rohb's, said selling cocaine, as part of a plea bar- some responsibility to act inn,i lia "Ile's about cleamcd fie out of Coca- gain arraugerd with federal prose- nified way. ButD imlerie, lh, lI'm i Cola." cutorm In Norfolk. man. I have all the lnsifircti, Ii' Robert Wiecherin. tIe assistanrt Robb said of himself that he Is"a Ings, hunor tIrat sltost people h. 'P U.S. attorney Ii Norfolk, reiterated normal, healthy. red-blooded, mid- SSee 1101111,n7, coi. i "° Il -! - - I 0
4 §meJnm.AM."#rKofOW tp*b h; lifE LEIqi--mr LW amptisd" .iUST2B, 1988 tobb ejp AM ain co pany to-J Lances M bf~yThe lViuWPl Ot ~ jswere , of his fiendx, .aquain pqaff I A1bai.'," the inquiry confi drug investiiM wtudt netted tkungm rean tof. - ~ j cocaine. But Iand drivenl Wedeii if that Rawo&wat " oeanfiiint pal* 16 cniions b e nked= i aq suicidi. But br ne tn a -awn into fee.drug w wa s used and es~ dant to W, Robb coipiaiied in n ter- iz.ed vPvAWd at ~*B W 10;%ofhs znds or Ic- "But I haye never, ever sew Or obb's oceanront vij he has bed to rebl rqiOll the yOUng, s were among th e to the been involved in any way. shape or and cocaine prwi af runmorS baking him wcaingshe partied n, into a federal form Wtdrugs" U"Ie b 4 _ _'MOW_ _ tbefore TheIe n winding down in Norfolk. Probe. wdqnedw_ each of Teformer pwveia, a DenocraL ilWNABU,hN' A S. RO FAC; =to~ - " 3Z. ~ ecnTey - tobuainessmlen, V,. -, poltin.ain the . , y i-9o aw'.of = ' spemli&Uofl=bu gided at the oceanfriA b t ft~I~SeftU.&ll wind I - id reports " heiU No wt to the 0AS Old~m¢ tt , hadbeen tol.8 bo convictedm~m . hudiced- or ti * i iW td U am~lanSe i , '6 i n nve C"ir Parin copiwufli4o ir' .01 n~~ A '
Inquiry touched I U in KoIM]s lIeacnl social circle (gsiaiut'd It,el Itr, llI th iccidifront oti whisbi afl.r" receiving a friends with some of thosseleple," iAd -dliii aouto hi.% asociates But he re- Collins. now married and-lvIng near ed aij asserted that a few state tGt)l' stal newed his friendships after satisfyimg him warts have tried to us- the invesugation Ws sell that there was no cause for concn -It was, bna like you'r doing smneav thilL Othur ieach associates, Robb said, assured thing that looks bad and you're not '"1% 1; S attoli-) repeatedly cattlE, not him that some of his friebds were "'busi- doing something wrong but you can't quite to me but to mutual friends, to reassuren[ie nesameri who had come up the hard way" that I wasn't the subject of investigation." and that their success had earned them Collins, a former Cosmopolitan cr girl he siid "But what happened is I continued some entemies in the nsorl citys business who dad O'Dell and another of the men to har from attorneys representing clients whirl. comcted in the drug probe, dscrted Robl before the grand jury that their clients, in While remaining friendly with Thompsn as -the perfec gentleman" She said she their view, were being impropeiy ques and others involved in the drug inviga- played leusiais with Robb in Virpnia Beach tioned about my activities " tion, Robb cut his ties to another pronmiet and once met him for a drink while model That duplicity, Itlh said. "appear, t, mt Virginia Reach businessman, developer Ed- ing in New York City but never "w drvW itobe, an abuse if prusecutornal discretion '" ward S I ;ircia Rtobbsaid he avoided Gar- around him However, she said she was "Iedral proscutors and the IJEA ci, aftet receiving what he now says "ap aware of drug use among some of his (lDrug Mzlorcement Administration, have parentl\ was some erroneous information" mietls,and acipuaintances done thin that I obviously disagree with in the early 1980s. very stroingly " Garcia, who has acknowledged that he is Among those at Ray Parsons' party Robl To make niattir, wore, attended in July 1984was Peter "Cocauin Rtobb said. inqut tneidl, with several organized crime fig- Pete" Argenziano, rih by The Virginian I'ilot and The Ledger urs, has repeatedly coie under police a New York City native who is now serving a 16year Star helped keep the rumors alive, and Vir '-rutinv because of thoe assioaLions. He prison term for his role cicaine giia Republicans have "been pashing this ia, never been charged with an ofnse in as enuner to Virgin i a ww that I'm unfamiliar with both at the volving organized crime He was arrested Beach "1can cose my eyes and see Pe'te Mlete, and national level." last month for allegedly supplying poker waving In e briefwTittun statement, Hudson said niuachiics to a gambling operation. at me and I'm Iocing at him and I'm look le had aissired members of both x,litical hlbb,interviewed before that arrest, said ing at the governor and I just said 'Jesus partieb last year that Robb was nutunder c beltves he. acted unfairly in avoiding Chrst' " O'Dell said "Ray was never with itstigation lluiLidr.: 'aid his offict- has Garcia They patched things up about six out drugs He did drugs from th . time to aewd 'ofessionaly montih ago. he said, "and I know he's made woke up urld the time he went to bed " "A- prosecutor's charge is to pursue all a contribution to my 19M8campaign" Par inLerviewed in July 1987 le"k in a ('li-injuu investigation firmly and Robb said he also terminated his relation- month before his indictment, also recalll t hr"be wioe "1 nfortunatt-ly, Ltio, rt. that 194 gathering at his house He d' ship with another prominent Virgin Beach scribed iapolib"l for uc h in,,estigation,, eiinot businessman, Frederick Ak Hayc'ox Ill, after Robb as a personable guy who Mlalltalii uil oy
Thonpwt *d'. aihe.pAed asuiciate of Robb'b when the govero vishd the resort iioaytllk - [A-& 'Viri . ,, those' .;,.'lo'rvls anflo'* '1,h i inltitiiin , toh'. flild...ithe ..a-i t- tnee-hormer Thomptin said his fniendship Al', I governor inspan-d uid he didnot know ft wer ion'st,. O)therswe're big to-eact.par10 ihlii v'alouoy ,el 1tn111had been tw O'iuc use their it the parly witl ',r,"' ,o .'o..oo:n.nand ari.n T,, ; 'I'" . . \ t' ', 0011ttl~ to' 'rol!)il oh"i d,'.,' from his vv ':('rlnet f.,n tro",.0" social circk. e luld "Ifthat's the cise. that'. tI, ' ease." ,, aj 'al uhid-ic hid4' the 10 tu)hti it quaii t tc:tifi d in Courl Lst fall th., ti, f, it1 te.-i ; of ("iO 0.0,ui41 other it, the oiy %ohll powet- l|al anc': ,'v i ute ,h'd in th' feik-ral drug i.t anit Illct for lbh.t5y year s and ladt ,ooughl -Ltu toot' ,,aid "IMean all I Can tell,'Mo 1,, that diun C(oealnt' froio 'arsons. who wa hi'. It .easn't th. ()n Iickett, "tit''., tleH'nWBeac lIogei Mal cm ployce tlo, tGarcia stod, oroowd that politiciais Itargroves was a fnend and neighbtw of typically associate with , Thonipson ~d~'lilgalit, I t got Hf ~laid D Thompson's and occasionally traveled in said "There was a certain animosity from i the social circle that included the governor the uld guard and i'Robb 4 as victim to that " l(0, 1 don 't know, (luit I imuld iunnglo 41 who with his Robb said he was not sure whether lie had To be certn about his fnends, Robb partlner and tIna met Hlargroves said, he rad their names run tu the rccognize ,o luw if! saw it.. brohei, Robef t. routine secunty check the state uses to screen prallliective appmseeis to boards Fuwiins Cis S. ft and c nnonsmAAr the check UinTd up -oradF. Km. no iONO ofrcv1 AMWhat he the briel perid of Luie the I vM * 48. a ' -- rMN timeun by a lwumltaiii heal poiical Owe wm ateeace of dmolism4o1pe 0M VN he dlcinied to name, nd was il Richard D. lDunrilngton, 41, an hi ILdIai(iitii p1:1d1Ip1? I m mr rumors were "gosip." Roaw saidsaiId the us aled itnm V by atis tothm-'s Board, hoste partner and twin brother, Robert, owners of ties, whatever, and I didn't. " The Haven. an oeatofront bar and restau At the center of some rumors concerning niUnweuir pal lis Robib. who agreed to be interviewed rant. both of whom Robb's beach socializing are "hompson and fk at his Groatai received immnity, ac ths story only after extensive negotiaor cording to several '.Ajurres, in exchaiget the C'roatian house where he entertained houSe for ith his attorney and campatn dhacto co;.-rina on the federal drug probe. obb and other diels.While reiteraung that he never saw drags or supeted they dmased questions about his asmoclisi hi the summer ot 1981. while lieutenant and actvities; * Donald F Kern. 49, a derit4urned- were being m igugia Beach as boar * Bruce . Thumpson, 36. a Virginia govi uot tVaib ohritnroed the .oo.aRaven, a used there, Robb recalled one Beach developer entrepreneur Among developer, who lived a few doaoi dmm km gatherig when ing on ')owuahba" vyeusm" vatht tor Lf th ui.inogt ons at a fund raising the party was just going He co md those involved in the drug investigation, part% Thompson in Croatan Kern was one of the on on all lourt loors It s posaiie that that queatimiu by lk" foir ho-, izuberatoonal campaigrn Later, first Thornipon was Rtoblb's -ksest and onostfre igovento-. arrested in the ederal probe and not being attuned to drug use could make it the newspalper and federal h agAn wilt. Rkooehchnsti'ned a second pleaded guilty to cocaine had gone beyond the quent .si,'c 'ate. t1e w, host t numnous v,,'t lit. also fuolo th' S'ea RIaven, at a par distribution as less likely that I'd even notice things or bounds of lealfaa part of an agreement with prosecutors He inquiry and had unfrly sullied has repda oceanfront parties, which Robb ,onetimc tv oe-th'hratiig th. olpoling of the Dunning symptoms that people have that are in- served one year in the federal prison in Pc tion and the reputations of several fiends. attended Je raised money for tobb's 1981 tons' restaurant on the Otccan View section volved oi whatever "Well again. I've got Prospective gubernatorial campaign and later was api tersburg to tell you I don't business deals for both of Norfolk Robb said he went sailing once son and another frlend have lionem ointe"by Ioh to)the state Tuunsm and lith I(tohard I)oirongton but that he did Kent has said that Robb was an acquaint- know that I would recognize cocaine if I S Tr-avelSekr,'ces Advt,-ory Board After Rotbb cause of not kt.ooi the l)uroiningtns well tie chns- ance but that he did not know the former saw it," Robb said at another point in the rumors spim'd by the h.eftoffcc, "lh-,rnp:,unserved two ),cars oil governor well itobb %aid he does not recall interview RobobsaidW tned their vacht.s at the request of Thomp- 'Myown sense of the ethics, of the prfea the board of the Virginia Small liusne",, t,in .r another Kern Itobb said he believes his Virginia Beach fnond, ltRa said sion would require a different ap Financing Authority lie resigaed on "It was just. hey. he's got a xat. come on acquaintanles respect him "enough that February over here, hang a tottle of I think it was even if they thenmelves had ever been in an proach ."' Robbi said of the newpou Sources clome to the drug investigation a botthc of tl.'o.r whatever environment which involved any kind of ille- inquitry "I miean if I had been aialm, or or :t may have' dellict or whatever Lhe cinfirmed that Thompson has been granted ben ltl, b sihbo lald gal drugs or substances they wouldn't case might be,.oM i' tmmunty fnm lro.ecutilonin return for his do it - they wouldn't do it in my presence." I had flaunted some idosynaW or wn cooperation A dozen people interviewed On occaaion, Robb said, Thompson and thing that would be a lttle bitdifterent" said cocaine was used at some Thompson other bunls augested be not attnd soae RoM alsoala rlied tha - st parties, six said they saw the drug at par- parties "My hiends were as concerned Reubnicans had ried to eibothe ni ties Robbtattended. A pn I Ill. 41. about the apparane of propriety as I was Rabb said he -rnnging about h Sevea ph Aim never was aware of drugs at Croatan restiient and waited to make certain that I was not 'Thompson's parties. And if any of his placed m a situation where questions could hsen Rod* a hme lad ovear friends at the Beach "had any pr,.-lvty and a part owner Dwti hisRe his wbbemt Vpp1! to of Jacki Rabtxr anse .. " he said., ward conduct that would have placed me in tobb said he understood "that an) ongo- Senate. Several other potential r inepI chaliengers were told of a -p one WO~L an awkward position, they clearly abstained storage facilities * Wilfied W "Biv" O'Dell IfU.30, former ing relationsip with anyone who was sus- in my presence," he said- stockbrocoer and Ltauraltur now serving arvolvig the tonne governor in an Ish pected of Gegapi activity would be detninen- idietiit to runt Robb cherpt.; ThoMpson Robb said, "got a bad rap seven years in t14 federal patentiary in tal both to me and to the (governoes) frmm a couple oof folk", loretts, Pa O'f el0who traveled in Thomp Robb said some Republican pldlM tam'' whoto- office" have been so repulsed by the ninmteiiii ac'ieving finanval .uoc,-', he "',ti'pie'd ii .iofn 'N,oclal ('ir'le.1jad he went to several While ltobb inisots he was properly cr. gening in their party that they hawepoM afins toor- " f .loohooIA .io Aoro Ill II . '.01 w o. Sloo flituaillon' lhe vovernor ittended. including i'um(spet about his asso'iations, his friend his camp. But he said he has bem enaM .too W )r'scher. a Norfolk lavvi, (-00l fir nit-o thi .. ' ii.o too c,.c:ihi. oiiioooit 'o :11 nitoillolitO larl'l of about two dozen'i .ship with Thompson surprised even some of to publicily critive'' his polliticail nepwel finned that ho has represented ''holinllsoorl tfio olrov'dth~ lt .,)S!r il'tev d lelo, 1-tel y i ) gut .: . .ot 'ho:nlo1n'11 house on croatan those who traveled i lite same sicial ir for what he consider, their ainethaiti in the grand piriv investigation Ih' I:'i'Irlo'l th, i' pnil'. '\ot lwall dechn d to dii '1The oit'ngfollfo-A an Annual "TIar-zao e. : 'w ' hiv, rclat!lorl-holl wivth l(,.t) oft hl, conduct- to say whetho '1'ohompson has n'''lvrt 11i anlii .1 l oiiitylii raising party whe'ro'. ()'YI ,.,th11 frst of ho,. -r,, , ,.1 il ^ r%
lrictt[s at te Rlat I. had dto) priot Iit) to warl (-miedurt that would have placed me in ...a . .. l',ieI whm- tod of a pu d 10111 8 Wiltred 30,form, r At An, a*ward position. thes' clearly abstained storage taliates W "l"'DeU 111, U:5 .5ol%n%. i theinneir overio al stoCklrce an d lal'tarW st.'vinji, .ntiv tthem to nmn. bb cw in mnyprmience." hi said. .'b %ad.sa,,n,. R'qsbeiicmui TIhomrpsoni, Roebb %aid, "got a bad rap seven years n federat Likntary in from a couple of folks" because whle set . t1! ThLmp i t'. "tli have been so rqpubWaby the achht financial suceevs, he "stepped on son's is ha-,l to several .. -,z pn, rr . 'y gingte in U iy that thq i EJohn C_ Amutl1 IM 41, a part owner fuions ". 'umspect about hia'.. ,,wuaw his iend' hiso at he S i e ,Iah . besdier, a Norio& lawye, on- o Jack Rntdit ftneIl MW ow an d~lden ship WIth'Thornpio a.urqrisod eve saint of to psut IN Jrli h i a flnsmd Ouat he has reIUYwened 7bompqson finmed that he also rea*ui iumsll in guess at S Croan thotee Aho trastlfed in the same soial tir for what he considers their UI in the grand jury investigation He declned the drug probe Aspnwall declined to dis- The gatheirin an annual "Tarzan it:, condueL to say whether Thompson has received im cuss his mlationship with Robb or his and Jane" chanty nd-raisin party where,, I t'll, "|U fi:-:of iho_,' .ir.sLd ii li "You don"t wianby saying their hoem munity Such arrangements, Dreschet said, agireement with prosecutors. Robb co- O'Dell said, he, and another man h'dvt 31 drug prolih. retcalled being surprised di-orde ly," Rob Said. am protected by federal rules of secy firmed that he dined once and occasionally judged a "bare you dare" c.Aume at seeng thc governor at paruet with socalized with Aspl 'iwall and hi wie, Ju&, contesL Thompson O'Ucll, identified by prosexutom Joe Elln of kalhinild esxecmiw lni In an interview several months ago, tor offtl me euban Party, udbe Thompson denied any involvement with ille- and said he did not k that A t, O'Dell said tiiacocale use was wide- as the ringleader of a group of Virgini name had surfaced in the drug investia- spread at the socl funCtions and that he Beach professionals who fernied kilos of co- has deimead how pubicity Inib B to gal activity and said he always was rindfui the p e mi# bee aRepi of his position as a cost' frend and political lion Robb said he had no reason to suspect was surprised to .ce the governor in came fron Florida. was interviewed in that Aspinwall cadiatk, but that it has been only one of d[pfmiittew' of the ifit'r governor and never might be involved with attendance. several lmos dnigs Robb said he often went to impromptu 1 I ,a t, illboi 'Il ws tts unusual r.viewd and that he know • wotill havt' tlgavtd ;,it tivilies that niAht of ,i0 party beach partaes in Croatan but never suspect , ''. ,,,, o",ro u i hO. e w' . " '., r o r to ultl b e member who has jurped to the ed any drug use hang imL ,iriutri ..:h him mnd i re wrrdid Robib camp as a resulL 8 Jhi. %I hlivils. 40, a sports clothing "I've said repe edly, and I've told any get it I nsv r "iidemLot d tbrie wasa't Elton said he has not -enpged in ny wholesaler who lees Cratan and was it, immor or illeg actily ad that &mw Eugene I number of reportilln over the years, that I that valuahl, I m if he v.as valuable at ng iv.rmmriit; m, his testimorry against do like to enjoy mypivacy and in roy strict political pluses and minuses is par d SCdridt. 43. allt his job othi'-, Ithenni% tt',tiit'd that coaine uc ly lrsonal time, I like to have a gtcd time, tunder of Zero's 1 mMl "If was "-iitiOri,rtmione' 1is fnit'nds Robb said "I like to let my hair dt-An I ik. I were Chuck Robl, I'd be gra. ing far 1l'(,W)~ - -+li~iri i tt-t li" had gone tit t'Ai, sub shop chiain. t'verv straw that tuIhi inorriial hum'ani being IlIrii ,t I could F." S "lon nI lived In Croatan -chotfi. ) '' tico i'i imttl_ .'i vippet s t- cardboard figure." I iernewd that Lhere wtsr kw ito the te'ty to rspusjsmd*amA plitical 19801 But .o1nafter he began socuilizing i Vir disaster, M=n (a.tlN WOW) thell : Il~d hiv h-anid almbut to Wir it 7.'*o was ti d y t w-db , giba Beach, itob'i associations attracted 'Tbte star ago tlhat Ilh( iU+' i'. havi ttei'-n iii-d the attention of federal, state and local au to dscredit the source, and four was to ad -it .1 i,t !, tit' .tli '- i t al'li tent'' hiwt" thontw,. litirvie sl wth i0 police and pies mit guilt. apolnigzi, and say you'll never do ',s,.et' lt.iittb .iai ,I ' srievrsaw tht' dnii, 0 1-,:Jf rne 1 Sch n dt, 4 . a real estate t('utri.a" all three levels indicate it again So far. Ae re' down I bi'"|,,r lid !iurill r itf th' % rgmid Beach Robert J Hunmpreys, a Republican and to No : . Mr R,bb " lba 1- /Zrii h shio chain, ;,ho, is a tr- then chief deputp, prDsecutor in Virginia Robb s opportent ',ull tht, I lite, wts ,irTested in cocaine Beach. said that while his office was prose Dawkins. acknol Ii' tri,',+, ii-'t'? in M lii'h At his home iuting a local cfnlt ring in 1986, he he t.hat Elton had mentioned the- poaMsbity o" adverse pubbtit% '.ncerung -: },'.',", i I'Li l'lisc il,'r . Jr'opp d carne oicerned about Rtobb's oceanfiont Robb', associ asociations One of those convicted in tht, atlon, her' but saiid -t played no part in is Tholi " l I!" i . . ' g.itleItics ring taned to hay, ven Robb at a smnall p.rt, where cocairu whas used fluniphre- I ir a, clere'rnar, llas'ui In my laill, ..atd lhe man did ,, claim to hav. -o I Aouttt hav.: nothing ti ,ito anlyting Itoti u',tcocine, It rmphrevs noted tike that,' I)awkins said Itbh atiitl, dl ii it thi iiier .tveior l.ater, when ticitarred of drug allega At Dawkins iieL'tenc(. ttA'vr'i. tiI 'onfitnifl' tions involving Wt)b acquaintances I catdidates have taken and passed drug guess I could say itmade me wondter," tests The GOI' nominee also persuaded H umphreys said other party leaders to submit itt vohintary ALM IRobbi's frendsbips also drew the atten testing Alex S Lion of at least one political ally- Del. Glenn Robb insisted that he has done nloeing Hargroves Ill. 45, It Croshaw, then-a lawyer not in public of- wrong but said that the contnuilg UmePm 0 Raymond t. Parsons Jr., 3$, an eleetni flice, transmitted 4,arning to one of Robb's how bhud him to allandon pleas In 6W a eal engineer who lived in Virginia Beach's a Croatan vacation rewdell and top aides early iA RIob's administration, hote m Virm Beaci mad to Ive North End- Described at his trial as a co- Creshaw said Ti C11111 up socabag with Thompson and tars Caine addict who kept the drug buried in owrf of Old Dominion "At the time, it r-ally had gotten t, be a here. the sand around his homt and acted as a lrc'eption problem Ytu know, 'Wht II itf. "-I wasn't going to ,.iaev'rhate the prb major suliplier tf fir some the nsort town'. lid oeeing beck was he hangh.u around with " '.!1 i. '. i aIIt AhII Im t ' m, '. .11 ,' i 1 let" by continuing to comrneto V'irgmai tDhl 11-11L, .,+r ,,q. ,. ,% young Aealthy usets. iarsons was lacing up shaw said " I I:Li;kit would hI faitI, 11-1 1- ki rm Ie'ich he saul to PA y,'ars II pnisn vhen he hanged tltu s."tyIhdit my own ft I:1i' would t I td lh, ;1t o tll 10.61', ) :111d,he" I d n:, .I.' Sill. ltobb said that self n It, i '#ht's,ttakle 'ity .tl last iiothing UIat has hap righttlhing f rieoi. 'it, at the ii '' I rt-'n*'i wituld tcalis"' ( etiobe'r J , hit l ieImor cu'lml tink lh.t? w lIln vst . *.lv wx' t- ! ' . it''i.. i .m Weti l.,0. lFtCII 'AtM he .. FEDERAL DIARY /WFATIIirVODITUARIES/COmIcs BI ..ApparenFMe Die o t:
1,Fairfax MInDie of Apparent jeroin.;Overdoses During Weekend
0 Mo nev Paid to ProbeA)b MiPlatl l t' A PlltXI b- ) h
1 ','.-" p 2 :,rs. :r -,Cs c'i. i ..ii It Melton , rankim said. I hs' . clie'v' th l,.:[,cpihtl!i 1 ' 'arty -.. sed.' Frinklin aitded. Aug. 2', RiCHM I I[wo-i iiredby a'i, :,divid,.i. All ':u~aigf of I),inocrat~c U ", I 'n norm ,.,leVtit ii.to i 'csti~a- rhop~fu! (htarles S. [ t., tor. I v''c me exactly '.voit the law ,,, ed tho F,,,rialElectior. ,. says I caln do on this," Franklin said f the :n.s~io for Itn accourtinges Robh is widely considt.red to be iges and ,xeaii paid by III u- ,In ,werwiielming front-runner identified lh .iiI to a private ivc-. . ag;ist Maurice A. Dawkiis. his tigator wh, -peit several weeks GOP rival tor the Senate seat being )oking Into Rbb's social life while v.,( att'd by Pail s,Trihle Jr. iewas Virgiiia' governor. At the same time, Robb has been Fred Eiland, an FEC spokesman. doRged by a number of questions confirmed today that David K. and newspaper articles about his McCloud: Robb's campaign chair- social lite while he was governor man, ha4 filed a sworn complaint from 1982 to 1986, particularly his they,ire not are true, true, put do themwhat toyou rest. cai If Iif ,ththe eomm'auio against Billy relationships with a number of Vir- tie a tin can to them." A. Franklin, president of the Nor- ginia Beach businessmen who later Franklin said at the time that he folk-based Franklin Security Sys- were caught up in a federal inves- had accepted the case about six tems Inc. tigation of cocaine use in the state's weeks earlier and indicated he wns Eiland, citing federal confiden- Hampton Roads region. being paid at least his standard fee declined further com- Although Robb, who was not a an hour. tiality rules, u d of $100 ment on McClo 's complaint. target of the cocaine probe, has Michael Salster, a spokesman for McCloud also said privacy laws firmly and repeatedly denied any both the state Republican Party and prevented him from discussing the knowledge of drug use by his the Dawkins campaign, said today matter. friends and acquaintances in Vir- that neither the political party nor However. Franklin, who received ginia Beach, The Norfolk Virginian- its Senate nominee had authorized a copy of the Aug. 12 complaint Pilot and Ledger-Star newspaper Franklin's investigation. trom the FEC last week, as well reported in its Sunday editions that "We did not in any way, shape or own inquiry "confirmed that wi both the Democratic and Its tom participate in the hiring" of sources at oceantront parties Republican parties in Virginia. said Robb was Franklin, Salster said. contends that Frank- where the drug was used." " say 'we' as a party, as individ- the complaint interview with a unidentified client has skirted In a July 27 uals, and the Dawkins campaign." lin's Post reporter. Franklin campaign finance laws by Washington lie said. federal he was hired by a man he would not reporting the money that said Franklin said the FEC's Aug. 22 not identify to determine whether letter accompanying a cop- 'if Franklin has earned while investi- drug use rumors linking Robb to McCloud's complaint gave. ' gating Robb's past. true. alleging that my activ- were days to respond, ," / "They're private investigator quoted related to the [Senate) The ities are his client as saying, "If the rumors spPROB& By campaign and therefore any money
Robb Campaign Seeks Accounting Of Investigation
PROBE, FROM BI lie added that while he is listed as he respondant n the case, the complaint also seeks information from a "John Doe." Franklin's client. iland said the FEC deals with proved election law v:olatons gen- eraily through civil penalties such as fines, which customarily are ne- gotiated as part of "concilation" agreements with the violators. If there is no agree:ent, the commission may then ask the ap- piopriate federal court to deter- mine a penalty. taff Writer Donald P Bakr contributed to this report. "a aign Seeks Accounting U 7Of Money Paid to Probe Robb By R.H. Melton ities are related to the jSenatel WhgliAgi.,,P f., WrIer campaign and therefore any money I have been paid or expenses hould RICHMOND, Aug. 29-The he reported," Franklin said. campaign "They of Democratic U.S. Sen- believe the IRepublicani party is in- ate hopeful Charles S. Robb has volved," Franklin added. asked the Federal Elections Com- " was hired by an individuil. ,mission All for an accounting of the I'm doing is a legitimate investig' - wages and expenses paid by an un- tion. I've done exactly what the law identified client to a private inves- says I can do on this," Franklin tigator said. 'who spent several weeks Robb is widely considered to be looking into Robb's social life while an overwhelming he was front-runner Virginia's governor. against Maurice A, Dawkins, his Fred Eiand, an .FEC spokesman, GOP rival for the Senate seat being confirmed today that David K. vacated by Paul S. Trible Jr. McCloud, Robb's campaign chair- At the same 'time,Robb has been man, had filed a sworn complaint dogged by numerous questions with the and commission agains Billy newspaper articles about his A. social Franklin, president of Norfolk- life while he was governor from based Franklin -Security Systems 1982 to 1986, particularly Inc. his re- lationships with several Virginia Eiland, citing federal confiden. Beach businessmen who tiality later were rules, declined further com- caught up in a federal investigation not identify , .'trn , --.- ment on McCoud's complaint. of cocaine use in the state's Hamp- rumors inking Ho . : :. McCkoxd also said privacy laws ton Roads region. were true. prevented 5 hin from discussing the Although Robb, private matter. who was not a The ,,;,L"us, - target of the cocaine probe, has his client as sa ing,": : However, 1 : Franklin, who received firmly and repeatedly denied aiiy are not true, put 'aim of the Aug. 12 complaint knowledge a copy of drug use by his they are from the FEC last week, as well as friends true', do and acquaintances in Vir tie a tin -3r to hell,, . , sources in both the Democratic and ginia Beach, The Republican Norfolk Virginian- Franri, said at :.' ' " parties in Virginia, said Pilot and Ledger-Star nevspaper the complaint had accepteJ 'h- ,. o contends that Frank- reported in its Sunday editions that r. :;:, -1 , lin's unidentified wee%s earher d client has skirted its own inquiry "confirmed federal campaign that being paid it lea r n :, finance laws by Robb was at oceanfront parties of $100 an u, not reporting the money that where the Cranklin has been drug was used." Michael Saiste a -. paid while inves. In a July 27 interview •ring Robb's past, with a both the state Re'u::,- : Washington Post reporter, Frankhn the Dawkins camp.a:g :, : - "v're alleging that my activ- said he was hired by a man he would See PROBE 3, , T- - SEPTE.MBERTHURSDAY 15, 1968 ARE LEIR MTAR SECTIOND
1 SCMMUNRY BEFS/ oplain abou1 . 1 CLASSIFIED/D4 bins aou private investigatornetgd
"a smear campaign, and I think (Franklin's) believe it." O'Brien, a personal up iL" friend, at his laN%office Drug-use rumor sparks charge to his neck in The Robh campaign's recent addendum for about two years McCloud accused state Republicans of to an FEC complaint filed in mid-August Robb operatives "are trying to Yiak- "dirty tricks," at one point comparing GOP alleges that Franklin boasted of possessing political thing out of this. (tving it to) poht: W Artl Wtt . such a boast, "That's a damn lie," he sai d. operatives with a Watergate-era two incriminating Rose figu'e, affidavits dunng a visit to cal parties," said OBnen, the (O' nomnin.i- Ellen O'Connor However, Franklin, who has been inv esti- Donald Segretti. the Virginia Beach law office of W B "Bust- •5aff wniei, for attorney general gating Robb's social life in Virginia Beach Robb complained to the Federal Election er" O'Brien, a Republican and fonner mem- Rumors about Robb's for s l months, would not commen activities and asso Officials of Charles S, Rabb's peiy whether such t on Commission because he is incensed at the ber of the House of Delegates. ciations in Virginia Beach have circulated affidavits exist or whethe r he thought that Pranklin for the U.S Senate have couiiplamed to fed- has them. He said the Robb campaig has been circulating The addendum charges that an associate for several years The Virginian-Pilot and eral election officials that a Virginia Beach attempting n is false rumors about him, said state Sen. of O'Brien's overheard the boast and The Ledger-Star reported last month that to discredit him by tying his in- Moody E. "Sonny" Stallings Jr. D-Virginia private investigator boasted of possessing vestition to state Republicans passed it along to Stallings, a Democrat Robb had been part of a Virginia Beach Beach. The addendum sworn affidavits from two people who claim Rob, a Democrat, repeatedly has de adds, according to Franklin, social circle that inrluded 10 men drawn to have seen the former governor use illegal nied "Robb is incensed by Billy Franklin's that if such affidavits exist, they are false into a federal ini-aine ilovp, figrtioni In using illegal drugs whole involvement in this." Stallings said drugs David K MeCloud, Robb's campi Both Franklin and O'Brien sad Wednes Norfolk. The pnvate investigator, Billy A ign "Robb is (saying), 'Let's quit all the ru- day that they have not spoken to each other The newspaper's investigation, including Frank- chairman, said Wednesday that persistent mors and put lin, denied Wednesday that he ever made rumors about Robb's drug involvement up or shut up,'" because about the Robb investigation. They also said are there is no truth to them, Stallings said. " that the private investigator has not visited Ph'a-,e see ROBB, Page D3 S ROB!; contimUedfmm Fb~e D) more than 2* Intervew, no evidence that Robb u m ur any other illegal drug. wlobb has said repeatedly h he was unaware of drug use byllis soc iate s . - . 1! .. In mid-AugUat, McClouda.a--- 0o the FEC thPat Virginia ua- cans have aimed at implicatngwa~d a runor Robb 1- In I. eral drug investigation. , McCloud's ,colaint: ,. commission to 4 outwholeid Franklin. It ch ged at hired Franklin should haveorW dv, his wages as a campaign Franklin insisted Wedzii4 at " neither the, Republican .Par," .t the campaign of, Maurie,".7") in, the GOP me Robb inthe' trae, a ' j However, 'Fanin dedie d,'to say wo'lifooti I bill." 1',"My client h 4aea tineml voke, &ttom 'rranklin, who is ailawe-mjy-Wit -1il,ildUs a- a private investigator. "M clmat has nothing to do with the Daivnas campaign or the Republican Pft.I can tell you that" 0'IfMoreFinancing AcNl vered nded.nple obb Probe vehi- es H. "eene By L.H. Melton ithe wa,,ttmi SiNalift _ aise RICIhMOND. July 7-The top sera- aide to U.S. Sen. Charles S. Robb (D-Va.) has asserted in a complaint liO drew file with the Federal Election Commission that three Republicaf t tcidence, activists from Virginia Beach joined ,Counsel a wealthy Richmond resident in ar- for a private niove to ranging the financing investigator's inquiry last year into ,se?" Gaye Robb's private life. ln a four-page addition to a corn- V filed with the FEC last Au- -.r rephied. plaint gust. Robb aide David K. MlcClouid mse,IS that said the private investigator's cli- ents included former state senator er replied. A. Joe Canada.Jr.; Canada's wife, Sandy; and Alan Fuentes, a Virginia defen- 'sat a Beach businessman. nithout con- Republican sources previously 'f persuaded have identified Richmond physician • sonal recog- Lewis H. Williams as a key r'mancisl .a judge or backer of the private investigptton. set the least McCloud alleged in his statement to involve- necessary to the FEC that Williams's a $5,000 cash pay-( ity and ensure ment included the services ofBil .arance at trial. ment to retain he had Franklin, a private ivestigltor •ay that Beach. Williams has evoke Greene's from Virginia said repeatedly he was not involvedi Ithat he did not a iin the hiring of Franklin. / could impose McCloud filed his statement with for the ass bail the FEC Thursday; a copy of the To not secutors did document was obtained today by res. The Washington Post. urt's lob to take Canada, defeated by Robb in the * said. ,The func- l577 race for lieutenant governor of to react to what Virginta, said in a telephone inter- road view today that neither he nor his July. a spokesman for wife was a client of Franklin's. nor :ounsel, said his did they solicit financial contributions the to seek a bond for Franklin. as NtcCloud asserted in Sthe U.S. attor- his statement to the FEC. reae' said was ,n over Greene's Fuentes. who MicCloud boar one of "a number of individuals" so- stror,, *es. not be then Greene is licited for funds, could parti Fuentes was a wi 23 felonies reached for comment. unre supporter of former sen- firm': Street incident, longtime S. Trible Jr., whose seat In *hile armed anc ator Paul was captured by Robb last year after last i." weapon gerous Trible decIded not to run again. officiai have office will "There are going to be ramifica- partmll to seek stricter tions from these statements that "neutt are ulttrie," Canada saiid. 'Iask for again3 d federal pros v an apology from Mr. McCloud." Toll Ro tamn yesterda: • Last year, during his successful Mabr ts of holdin; g campaign for the Senate, Robb's tationl(, s trial. campaign was buffeted by news re- thtel, sa. was tha t ports of his socializing while he was saId, with several "always pended ii.cens(C Virginia's governor tionof r, later were caught up in ader law as a people who anything, of cocaine traffick- )r a "..rtme o of a federal probe mountabl, Beach area. jectionot; 1ustifyv leten n- g In the Virginia Robb said he never attended par- the Trans cocaine was used, but borrd c :!d bie ties where Commonw Is that he may have been "naive" about Board, e'" he law f, rbid he to some of the people with whom la al condition Stat socIalIzed while governor, an office safety. Onlly the bord' ce he held from 1982 to 1986. he en' of appearanc said ng The FEC, prompted by MlcCloud's number of lered r.'settn fed- i- original complaint, has asked a Pethtel, Green," COnsi to order Frank- o- eral judge in Norfolk Transporta - for court pr his client, p in to divulge the name of Transporta. "e!atFranklin has refused, citing con- o ti iSex- partulett vndit I di'"iitlhtY. The judge's ruling not b. this summer. have pt pected said state I W.R, "Buster" O'Brien. Frank- , ," i i le-'g partmtent ci. attorney, said lie doubted that timelinessof at :ns EC filIng "will ;cr ,t'r5 pro ?Cloud'sMo new F of tI effect on the pend- Some utted thr c ia iivn actual spanl tc~y. evidence sif hinfore set off -, * , .Lil be :,. c i,,'. rhe Ralph L. Sthr Canadas named among payers of 'Robb detective I ", - ,', -h. ~ .. I
A fotnr state senlator froint " r- inia Beach and a promnitici Beach usinessman helpedl finance a pri. vate investigator's inquiry last year into the Virginia Bkach social life of U.S. Sen. Charles S Roob. D-Va., says a complaint filed With the Fed- eral Election Commission. The Washington Post reported Canada Fd Saturday that the complaint names amended complaint, said it was "to. former state Sen..'. Joe Canada Jr., tally false." -is wife, Sandy; Alan Fuentes, chief 'ley're executive of the Virgtllia Beach inuig ip things," she based Computer Dynamics Inc.; and told The News Leader. Richmond physician Lewis H. Wil- "There are going to be ramifica- liams as "clients" of detective Billy tions from these statements that A. Franklin. are untrue. I ask for an apoloy The complaint filed by David K from Mr. McCloud," Joe Canada McCloud, Robb's administrative as- told The Post. sistant, also alleges that Joe Cana- Joe Canada, defeated in a 1987 da and Williams offered to pay state Senate re-election bid, had been defeated by Robb in a bid for lieutenant governor in 1977. nen- The complaint alleges tes is a friend of former U.S. Sen. 6T I.U)NIT WONG Paul S. Trible Jr., whom Robb re- (irng lot. that A. Joe Canada Jr. placed in the Senate in January. Trible declined to seek re-election .p to the Great and Richmond physician in the face of a challenge from Robb ,ekends. and was defeated last month in a of cars that use Lewis 1. Williams bid for the Republican nomination -'Road averages for governor. ,u-es indicate On offered to pay a private Williams, prominent in Richmond "heicr number GO" circles. has repeatedly denied -asbuilt to accom- investigator $1, 000 per any connection to Franklin's inqui. ry of Commerce esti- da, if lie wore Jailed it Franklin has refused to name his er )f %isitorsa day client or clients but hu insisted su'rt'er increased refusing to reveeal wl!o) that they were not connected to the its '.ear Republican Part,1 His stand ia the worse. across the hired hlirM to inestigate subject of a suit brought by the FEC orh Carolina State in tJ S. District Court in Norfolk. A Charles S Robb. judge is expected to rule later this a:o.c :1,gets a little summer on whether Franklin must J.-,nson said sec- lF'riklin $1,000 per day if hi- were reveal his employers. c 168and U S Route jailed for refusing to' reveal who lthy- -arts are two hired him to investigate The Virginian-Pilot and The Led- 1 obb. the ger-Star reported (Richmond) News Leader reported. last August that -en. 'IX aid "On the during his term as governor from The complaint filed to a complete stop for Thursday 1982 86, Robb had socialized with to amends a complaint filed during peopie later convicted, indicted or are r Robb's Senate campaign last year given immunity front prosecution in the works but In ginia Department the original complaint, Pobb a federai invstigation of cocaine of contended ,ng or. pians to that Republican sources trafficking. build a hired Franklin e Great Bridge Bypass to investigate his Tl-e newspapers' inquiry found no personal life in an "onstriactjon is not ex- effort to damage evidence that Robb used illegal ,99t his chances in the 19318elections, in (inigs, an6 he said he was never which Genera. he overwhelmingly defeated awa,'e of their use by his associates Assembly ap- GOP .horitv for the candidate Maurice A Daw- it parties he attended in the Cro. city to ldns. The - -'--.'e extension of complaint ; ivs pay-_nonts a'area south of the resort strip to Franklin shiuli I i,'- i, , ,'eNorth Caro h.-.'- r, I,-lto ;iknov6l-dL cd that tierav ported under electin daok -2-. 'emg studied by hl-, bcon "naiv' about somne it Sandy C(anad3, ask'ii aout the hi,;Cqiaintances at the parties. , --or the North I F - sortatton, said -', - s =-se stretch of J', ' Barco, where g tl-i 'iiiithere xi- signs - pIer "":t but right-of- CANINE hip .i ,,pii door or unlatched start until C01h1t,(",/ ,!,:', 1,,, ." ' h;i 'l dog could break : i:nm arnr can even bv -si;di-its Virginti I,,.i, .. : , ' ,i ' , cph p;iiss -treott if ,i kstwwn biter is run have I'-f Pan - '; i'-,rasi , , ,:i t.-- ' no hitise .,'' ,)tia r ,- =, t. ' -- d,, f \v i -,,i top dehvenn0 irJr t- ,:t nail,"'R aiat said 'But the wel- "We ',e" la- - i fa .iid safe'v of the carer F of oar hits-adc - ..ai ;. .as! paratnount " week Wht . , ,a:-.cr :s .ttdcked, D)0d,'bites have !ong been consid- he said. hc pos oflf'ce -., is iiev ,-rod a hazard of the job. in lost voi ikig t'o'i:is III , s: rn In the lunciroom at the main post office -fthe cain I, mc "!".si troa-: -. -", c'- " "2- i OI''I", ,.0 -, si n V:),, i:f, III :%--.a 'im-ier painted a -i , oni th, .,----, depii-ting a do. i!', ' '" FEDERAL ELECTION COMMISSION
September 15, 1989
Mr. Billy A. Franklin 1836 Green Hill Road Virginia Beach, VA 23454
RE: MUR 2980
Dear Mr. Franklin: This letter acknowledges receipt on September 7, 1989, 6of your complaint alleging possible violations of the Federal Election Campaign Act of 1971, as amended ("the Act"), by David K. McCloud and The Robb for Senate Committee. The respondents will be notified of this complaint within five days. You will be notified as soon as the Federal Election Commission takes final action on your complaint. Should you 4 receive any additional information in this matter, please forward it to the Office of the General Counsel. Such C'N information must be sworn to in the same manner as the original complaint. We have numbered this matter MUR 2980. Please refer to this number in all future correspondence. For your C information, we have attached a brief description of the Commission's procedures for handling complaints. If you have any questions, please contact Retha Dixon, Docket Chief, at (202) 376-3110. Sincerely, Lawrence M. Noble General Counsel
BY: L Lerner Associate General Counsel
Enclosure Procedures FEDERAL ELECTION COMMISSION
WAHIM'toN, DC( .04hl
September 15, 1989
David K. McCloud c/o 493 Russell Senate Office Building Washington, D.C. 20510-4603
RE: MUR 2980
Dear Mr. McCloud: The Federal Election Commission received a complaint which alleges that you may have violated the Federal Election Campaign Act of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter MUR 2980. Please refer to this number in all future correspondence. Under the Act, you have the opportunity to demonstrate in writing that no action should be taken against you in this matter. Please submit any factual or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropriate, statements should be submitted under oath. Your response, which should be addressed to the General Counsel's Office, must be submitted within 15 days of receipt of Cthis letter. If no response is received within 15 days, the Clammission may take further action based on the available information.
This matter will remain confidential in accordance with 2 U.S.C. S 437g(A)(4)(B) and 5 437g(a)(12)(A) unless you notify the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. If you have any questions# please contact Anthony Buckley, the attorney assigned to this matter, at (202) 376-8200. For your information, we have attached a brief description of-the Commission's procedures for handling complaints. Sincerely,
Lawrence M. Noble General Counsel
BY: Lois G. L rner Associate General Counsel Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement e.cc: Senator Charles Robb 493 Russell Senate Office Bldg. Washington, DC 20510-4603 FEDERAL ELECTION COMMISSION WAStUNCt ON. DC '0461
September 15, 1989
Alson H. Smith, Jr., Treasurer Robb for Senate Committee 12 Forest Hills Drive Luray, VA 22835 RE: MUR 2980
Dear Mr. Smith: The Federal Election Commission received a complaint 0 which alleges that the Robb for Senate Committee and you as, treasurer, may have violated the Federal Election Campaign Act E' of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter MUR 2980. Please refer to this number in all future correspondence. Under the Act, you have the opportunity to demonstrate in writing that no action should be taken against you in this matter. Please submit any factual or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropriate, statements should be submitted under oath. Your response, which should be addressed to the General Counsel's Office, must be submitted within 15 days of receipt of this letter. If no response is received within 15 days, the C Commission may take further action based on the available information. This matter will remain confidential in accordance with 2 U.S.C. S 437g(A)(4)(B) and 5 437g(a)(12)(A) unless you notify the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. If you have any questions, please contact Anthony Buckley, the attorney assigned to this matter, at (202) 376-8200. For your information, we have attached a brief description of the Commission's procedures for handling complaints.
Sincerely,
Lawrence 1. Noble General Counsel
BY: Lois G. rner A :ssociat* General Counsel Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement
C, HUNTON & WILLIAMS
2000 PrNNSYLVANIA AVENUE:. N.W.
P.O. Box 19230
707 EAST MAIN STREET P 0. BOX 1535 WASHINOGTON, D.C. 20008 100 PARK AVENUE RICHMOND. VIRGOINIA M3212 NEW YORK. NEW YORK t001? TELEPHONE 04-7S9-200 TELEP4ONE 812- 309-1000 TELEX 004.ASj TELEPHONE 202- 955 -1500 TELEX 484540 HUNT UI
FIRST VIRGINIA PANK TOWER FAx 202 - 778 - 2201 ONE HANNOVER SQUARE P 0. BOX 309 P. O. BOx OB, NORFOLK, VIRGINIA 23814 RALEIGH. NORTH CAROLINA 27602 TELEPHONE 604-62S-5501 TELEPHONE big-699 3000 TELEX 755620 FIRST TENNESSEE BANK BUILDING. 3050 CHAIN BRIDGE ROAD P. 0. BOX 051 FAIRFAX, VIRGINIA 22030 KNOXVILLE. TENNESSEE 3790>1 TELEPHONE 703-352-2200 TELEPHONE I8.037-4311
250O ONE ATLANTA PLAZA FiLEO. 99997.002088 g50 EAST PACES IERRY ROAD ATLANTA, GEORGIA 30326 October 3, 1989 DIRECT DIAL NO. 202 955 -1515 TELEPHONE 404- 641-2700
Office of General Counsel Federal Elections Commission 999 E Street, N.W. Washington, D.C. 20463
Re: MUR 2980 Dear Sir:
Enclosed are one original and three copies of an Answer and Memorandum in Support of Dismissal on behalf of Repondent in the above captioned proceeding. If you have any questions about this filing please contact me at (202) 955-1515.
Sincer yours,
Michael B. Barr Counsel for Robb for Senate Campaign
C) BEFORE THE FEDERAL ELECTIONS COMMISSION
BILLY A. FRANKLIN, Complainant, v. MUR 2980 DAVID K. McCLOUD and THE ROBB FOR SENATE COMMITTEE, Respondents
ANSWER AND MEMORANDUM IN SUPPORT OF DISMISSAL
all. Now comes David K. McCloud and the Robb for Senate Committee (Respondents) and state the following in response to the Complaint filed by Complainant Billy A. Franklin (Franklin) in this matter and received by Respondents on September 19, 1989: 1. Respondents neither admit nor deny the allegations in Paragraphs 1 and 2 of the Complaint.
2. Respondents deny each and every allegation in Paragraph 3 of the Complaint. C-3. Respondents neither admit nor deny the allegations in V Paragraph 4 of the Complaint. C, 4. Respondents admit that Complainant's Exhibits A and B are true copies of the articles identified in Paragraph 5 of the 0 Complaint and deny the remaining allegations of that paragraph.
5. Respondents are without sufficient knowledge to admit or deny the allegations in Paragraph 6 of the Complaint.
6. Respondents admit that David K. McCloud filed a complaint on behalf of Robb for Senate with the Federal Elections Commission (FEC) on August 12, 1989. In that Complaint, the Robb for Senate Committee alleged violations of federal election law by a person or persons who had hired Franklin in an attempt to influence the election for the United States Senate in Virginia in 1988, and had failed to report those political expenditures as required under the Federal Election Campaign Act. On October 25, 1988, the FEC found reason to believe that Unknown Person(s) had violated 2 U.S.C. 434(b) and approved an order to Franklin requiring the submission of written answers to questions from the FEC. Franklin has refused to respond to those questions, and appealed to the United States Court of Appeals for the Fourth Circuit to reverse a July 26, 1989 order of the United States District Court for the Eastern District of Virginia requiring Franklin to answer the FEC's questions. On September 27, 1989, the Fourth Circuit summarily affirmed the District Court's ruling and ordered that Franklin be required to respond to the FEC's questions within five days of entry of the District Court's judgment. The District Court order was entered on September 29, 1989. Respondents deny the remaining allegations in Paragraph 7 of the Complaint. 7. Respondents deny the allegations in Paragraph 8 of the Complaint. 8. Respondents admit that David K. McCloud filed a Complaint on behalf of the Robb for Senate campaign on August 12, 1988, as stated in Paragraph 6 above. 9. Respondents deny the allegations in Paragraphs 10, 11, 12, 13, and 14 of the Complaint.
C MEMORANDUM IN SUPPORT OF DISMISSAL
1. Franklin fails to provide any evidence for the allegations in his Complaint that Respondents have violated the Federal Election Campaign Act and FEC regulations. In fact, the 0 Exhibits to the Complaint demonstrate that Respondents complied with the confidentiality obligations imposed by the Act and the FEC's regulations. C12. In an August 30, 1988 story by R.H. Melton in the Washington Post, included as Exhibits Cl and C2 to the Complaint in this matter, and attached hereto as Exhibit 1, Respondent McCloud is quoted as saying that "privacy laws [sic] prevented him from discussing the matter [the filing of the Complaint in MUR 2673]." 3. Mr. McCloud could not have "leaked" the contents of any filing in MUR 2673 to Ms. O'Connor as alleged by Franklin in Paragraph 12 of his Complaint since, to the best of Mr. McCloud's recollection he has only met or spoken with Ms. O'Connor twice, in July, 1988, when she interviewed Senator Robb and once prior to that meeting. 4. In an August 31, 1988 story by Charles Mohr in the New York Times, attached hereto as Exhibit 2, Respondent McCloud is quoted as saying that "the election commission's rules of confidentiality made it difficult for him to describe the complaint, but he disputed Mr. Franklin's remarks [about the complaint in MUR 2673]." 5. A June 8, 1989 UPI story by G.L. Marshall, attached as Exhibit 3, reports that a Richmond doctor, Lewis Williams, retained Franklin to investigate rumors about Senator Robb. The story notes, "All FEC matters are shielded in confidentiality laws, and a spokesman would say only that the Robb complaint 'is not a closed case.'"
6. A July 8, 1989 story by Jeff E. Schapiro in the Richmond Times-Dispatch, attached hereto as Exhibit 4, states
"Citing FEC regulations, McCloud and a (FEC] spokesman, Scott Moxley, declined to discuss the new document (the third addendum to the complaint in MUR 2673] or its contents yesterday. But McCloud said, 'We were reminded in a letter from the FEC in Aug. 1988 that if we came to possess any relevant information, we should file it with the commission.'"
7. A July 8, 1989 story by Tyler Whitley and Peter Hardin in the Richmond News Leader, attached hereto as Exhibit 5, states that
"McCloud, Robb's administrative assistant, refused today to discuss the contents of the new statement. He said federal law forbids his disclosing the new allegations."
8. Although Respondents cannot identify the sources relied on by the reporters cited in the Complaint in this matter, it has come to Respondents' attention that the FEC itself on at least one occasion released copies of filings in MUR 2673 to a reporter for the Richmond News Leader, Peter Hardin, in response to a Freedom of Information Act request in violation of its confidentiality rules, 2 U.S.C. 437g(a)(12)(A) and 11 C.F.R. i11.21(a)(1988). See Exhibit 6 (attached).
9. In addition, news reports have consistently cited "Republican sources" as having provided reporters with information about the proceedings in MUR 2673.
10. R.H. Melton's August 30, 1988 story in the Washington in MUR C Post reporting on the filing of the original complaint 2673, attached hereto as Exhibit 1, identified Franklin and "sources in both the Democratic and Republican parties in Virginia" as having discussed the contents of that Complaint.
11. A June 8, 1989 story by R.H. Melton and Donald P. Baker in the Washington Post, attached hereto as Exhibit 7, cited "Republican party sources" as having identified Dr. Lewis H. Williams of Richmond as a participant in the arrangements for financing Franklin's investigation.
12. A June 9, 1989 story by Michael Hardy and Mark Johnson in the Richmond Times-Dispatch, attached hereto as Exhibit 8, states
"Operatives for [former U.S. Senator Paul] Trible's rivals for the [Virginia GOP gubernatorial] nomination, Marshall Coleman and Stan Parris, recently have encouraged reporters to re-examine supposed links between the Trible camp and the Robb inveltigation." 13. Indeed, the exhibits to Franklin's Complaint in this matter demonstrate that it is Franklin, and not Respondents, who has disclosed the substance of the Complaint in ?4UR 2673. As the FEC noted in a November 1, 1988 letter to Franklin, attached hereto as Exhibit 9, Franklin is not the respondent in MUR 2673, but a witness. In that letter, the FEC instructed Franklin that he was not permitted to "disclose any information pertaining to the respondents in this matter until ... notified by the Commission that the entire file in this matter has been closed. Thus, you may not disclose any information pertaining to the respondents in this matter until you are notified by the Commission that the entire file in this matter has been closed." 14. Despite the FEC's instructions, Franklin has discussed the allegations and the contents of the pleadings in MUR 2673 N? with numerous reporters, and has been widely quoted in the press on the subject of the FEC proceeding. 15. The August 30, 1988 Washington Post article included as Exhibits C1 and C2 to Franklin's Complaint, and attached hereto as Exhibit 1) not only demonstrate that Respondent McCloud has complied with his obligations under the Act and the FEC's rules, -0 but that Franklin has violated them. For example, the Post article states as follows 'However, Franklin, who received a copy of the Aug. 12 complaint from the FEC last week ... said the complaint contends that Franklin's unidentified client has skirted federal campaign finance laws by not reporting C71 the money that Franklin has earned while investigating Robb's past. "'They're alleging that my activities are related to the [Senate] campaign and therefore any money I have been paid or expenses should be reported,' Franklin said. 'They believe the [Republican] party is involved,' Franklin added. 11'I was hired by an individual. All I'm doing is a legitimate investigation. I've done exactly what the law says I can do on this,' Franklin said. 16. In addition, in a September 15, 1988 story by April Witt and Rose Ellen O'Connor in the Ledger-Star, included as Exhibit D to Franklin's Complaint, and attached hereto as Exhibit 10, Franklin is quoted discussing the substance of the addenda to the Complaint in MUR 2673. 17. In a September 15, 1988 story by Kent Jenkins, Jr. in the Washington Post, attached hereto as Exhibit 11, Franklin is quoted describing the substance of an Addendum to the Complaint in MUR 2673. 18. In summary, the Franklin Complaint provides absolutely no factual evidence to support its bald accusations. It is a patently transparent attempt by Franklin to deflect the FEC's attention from the real issues here which are who hired Franklin to investigate Senator Robb and did that person or those persons violate federal election laws in doing so. All Franklin has demonstrated in his Complaint is that he, rather than Respondents, disclosed the contents of the Complaint in MUR 2673 after it was filed. 19. In contrast, the Exhibits to Franklin's Complaint and to this Answer and Memorandum in Support of Dismissal demonstrate that Respondents have complied with their obligations under the law and the FEC's regulations. CONCLUS ION
WHEREFORE, Respondents request that the General Counsel recommend that the FEC dismiss the Complaint in this matter.
Respectfully submitted, Robb for Senate Committee and David K. McCloud
By David'K. McCloud
DATED: October 3, 1989 Of oney' Paid to P. be Rob ,.-ByW R.H. Melton :" ; Exhibit i
,~I have be laidor expen-ses sol 1"BR Mtn be reported,'Franklinsaid. 'heyT* .beieve the jRepublican] RICHMOND, Aug. 29-The., party is involved," Franklin added. campaign of Democratic U.S.. Sern- "I was hired by an individual. All ate hopeful Charles S. Robb has: I'm doing is a legitimate investiga- asked the Federal Elections Com--t. tion. I've doie exactly what the law mission for an accounting of the-'says I can do on this," Franklin said. wages and expenses paid by an un-.' Robb is widely considered to .be identified client to a private inves-" an overwhelming front-runner , tigator who spent several weeks.- against Maurice A. DawkmL, hi looking into Robb's social life.whiie-. GOP rival for the Senate seat being he was Virginia's governor. Y','vacated by Paul S. Trible Jr. Fred Eland, an FEC spoke aini,"'At the same time. Robb has been confirmed today that David , dogged by a number of questions chair- and newspaper articles about his McCloud, Robb's campaign ar ntr, the ..- to re fo had filed a sworn complaint 'social life while he was governor man, his are not true, put them to resLIf if with, the commission against, Billy- from 1982 to 1986, particuiarly A i e ;rlationships with a number of Vir- they are true, do what -you cm to who later tie a tin can to them." folk-based, Franklin tcurity SYS-A 1ginia Beach businessmen thathsi up.in a federal inves- Franklin said at the time ternIn. " W, '_..,? ;were -caught in the state s1 had. accepted the case about siV tid citing -federal , .'wt tigation ofcocaine use weeks earlier and indicated he wa i menttiafity_ rules, ,declined ,,, , further. ompla[it corn l thrOUglhmpt. Roadsot. RKob,'.. Who. was.. no a.a being paid at least his standard ment 'on Mculoud's ".comp2a4.io.@ .,,e ,A,-,.thoo,+ 'on .c.,ud,target :of -the cocaine probe, has of $100 an hour" ',,. ' t .sid privacy laws - . . for, pr.McCloud also Michael Salster, a spokeman pre~ventede d..ssg him ffrom discussig the -ko1firmly deoand xepeatedly du sdenied y 'any,his, both the state Republican Party and' kwledge of drug ueby's mnatter. --"" _..-' .I... :kifriends anti acquaintances -in Vir- the Dawkins campaign, said today Howeve, Franklin, who receive, .i Beach, The Norfolk Virginian- that neither the political party nor' axT.opy of the Aug. 12 complaint .jPilot .and Ledger-Star newspaper its Senate nominee had authorized from-the FEC last week, as well reported in its Sunday editions that Franklin's investigation. " purces in both the Democratic and its own inquiry. "confirmed that ,We did not in any way, shape or Republican parties in Virginia, said 'Robb was at.,iceanfront parties, form participate in the hiringj"' complaint contends that Frank- where the drug was used." Franklin. Salster said. , lin's unidentified client has skirted In a July 27 interview with a., "1say 'we' as a party; as iuidvid-: uals, and the Dawkins camiln, .ftderal campaign finance laws by Washington Post reporter. Franklin "' not reporting the money that said he was hired by a man he would he said. 'ranklin has earned while investi- not identify to determine whether Franklin said the FECs" Au. 22 gating Robb's past. rumors linking Robb to drug use letter accompanying a .copy of. m t,- "They're alleging that my actw- were true. McCloud's complaint gave 15, ities are related to the [Senatel The private investigator quoted days to respond. Campaign and therefore any money his client as saying, "If the rumors Set PROBE, B3, CaL6'
PROBE, FROM BI Robb Campaign lie added that while he is listed as the respondant in the case, the ccmplaint also seeks information Seeks Accounting from a "John Doe," Franklin's clieqt. Eiland said the FEC deals with Of Investigation proved election law violations gen- erally through civil pennlties such as fines, which customarily are ne- gotiated as part of "concilation" agreements with the violators. If there is no agreement, the commission may then ask the ap- propriate federal court to deter- mine a penalty. Siaff Writer Donald P. Baker contributedto this report. I -- , - -r -- W7- , -. I - I - I -- 1. 'If ;10.1 ---
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NOTES (EC) ,0ge t
a race for Congress, sources told Republican doctor who once narrowly lost UPI. Multiple sources requesting anonymity said it was Dr. Lewis Wil- of Franklin who arranged to pay Billy Franklin liams, -a Richmond gynecoloQist, $75,000 to S100,000 in cash to check Security Systems in Norfolk an estimated in Virginia Beach while governor. out Robb's off-duty activities private investigator. It is not a crime to hire a Party sources,' reported Post, quoting "Republican The Washington Franklin's probe and a key financial backer'' of Thursday that Williams ""was about Joe Elton, regularly informed he kept the state party's director, that rot connected with the GOP. uncovered. The UPI sources were what Franklin had stay behind, telling his state police escorts to Robb, sometimes used. Ten members parties where cocaine was reportedly attended several beach probe; one com- later netted in a federal drug of the Glitzy beach scene were sentencino. mitted suicide while awaiting milk-drinking ex-Marine, repeatedly Robb, with a reputation as a drug use while governor. of, or involvement with, illegal Odenied any knowledge Republican his 1988 Senate campaign agairst He passed a drug test during he won hand ly. C Maur-ice Dawkins, a race pri- secret he enjoyed beach visits to The Democrat has made no and has chastised news- some steam' or let my hair- down!' al '"let off He has suggested voyeurism" for recycling rumors. - papwrs for "Jourralistic alive to hurt -is political future. Republicans kept the story GOP circles. in addition to losinu Williams was once prominent in Congress, and thinking about other thousann votes in his race for by a few He served on Pr-esident chairman of the state party. raceS, he was once vice cotmittee of campaign and was on the finance Gerald Ford's local re-election (Linwood) Holton for Governor committee. the Friends of at orte time, not so '%was real active (in GOP politics) .Williams Charles Garber. Garber said Srd District OP chairman much in reCer t years,'' decade that a nom~iratiorn battle earlier this praised the way Williams avoided C to claimi the seat. the way for current Rep. Thomas Bliley payed adding Williams "is a mighty finE • Real civilized,'' Garber said,
gerileman. Duie'ng his 1962 campaign, Williams ran as '3 true conservative'' He advo- "'New Frontier'? prograu ''a sham.'' who branded President Kennedy's Cuba. no foreign aid to communist cated military intervention to 'free'' reduction in the national debt. countries and a for a group of claimed Williaas was the pc-int ran The UPi sources who declined supporters of former Sen. Paul Trible, GOP activists - including Those traceless cash arrangement with Franklins to v-un against Robb - in the denied confirmed and all those named allegations couid not be indenendentlY by UPI. any involvemath when contacted contribution for this year's Williams, who gave Trible a siO00 did "not return interview appointments with UPI and campaiQyr, camcelled the Washir,ngto, deried involvement when asked by repeated phone calls. He twice mcorniifl: WIimW Z in1-7 ac cjeommnent to UPE Thur-sday 1 St, and Sis Wif-.1e surgery. operatives have had sources ruern of reporters ard political A said they A source in R-:bb's Senate office te'l ther, Willi ams was., involved. cor- but addi2d they did not have er,cvlgh ha6 heard Wiliar r~c-jne az well, the Federal Elections Commissiofl- clujsiv evidence to t,.ke i' to F,,ar~~~ki~-Q(~ s~* ~~ L'sy theaP ir's :af:alrl Or arty GOP organizatio., tnaz a 4. I client ±id hii :-.S hos r, tarasted in writ- irg a book. The Post quoted sources as saying Williams " n ever talked directly"t with Franilin. q uPI s,:,.tce said he could confirm 20 calls between Franklin's and W iIIiams' offices and offered a way to Det proof; unconvinced the material was legaily obtained, UPI declined the offer. Franklin has repeatedly had an old private investigator trick- steal the mark's garbage - used on him. His garbage is collected on Tuesday and Fridays, and he just recently began using a document shredder. After the Robb campaign learned of Franklin's investiation, which followed lengthy probes by at least two newspapers, it filed a complaint with the Federal Election Commission to force Franklin to say who hired him. Robb argues any maoney spent on the probe qualified as a campaign expese and should have been reported to the FEC. Franklin, who is also an attorney, insists his relationship with his client is oriviieaed. After saying for months he would go to jail before revealing his client, he started -eferrina such questions to his attorney, W.R. "Buster'' O'Brien. The strategy change involved more than legalities, as it leaves open the possibility Robb could get what he wants and more - that Franklin would not only release who hired him, he would also release whatever informa- tion he might have come up with in the course of the investigation. The Robb campaign went through the FEC on the idea any money spent on the investigation should have been, listed as a campaign expense. All FEC matters are shielded in confidentiality laws, and a spokesman would say only that the Robb complaini ""is not a closed case.' 1 A Norfolk judge is expected to rule soon on whether Franklin must diclose the aame of the client. The Post sources said they were certain Wil- rlarns broke no campaign finance regluations or any other law by helping to ur- d"rwrite the investigation. (2L.} f-...... QC> upi OG-o-ag O9s3 aed
END OF STORY fb PROCEED: TYPE: MSG, GET-. PUT, PURGE, OR SIGNOFF 0 Exhibit 4 d
the0 e~pPeral, rentydenudElectlon Conmu'm'jssl the JWpublican operatives ad fctors that hbelieves may..av rthe orfolkdetecieA ho
'Ai, denevat o n. ,lA.nt"A'tle g that Bill 4 2 _ ,k 'iIsei dgatW Ai ofof Robb wa VU- b a a reprtedIl a'&hAd oi;:the l''s aiparjpi"fi-, nance ,eports of Robb'sGP rival,. -aiuice A. .Vawkins. ' wI At edi'e.~'judge in..V TVWb. aVcide whether Frahkli udstisf- I Did Robb aide name ,$Ulfyhcs.U~ntFranklin.vhobi laWyer,9nasefed~a to16., laIs&, lng attoref-client rvile.e detective'sbosse? . egulat ons,:Mc l0i 1.' Citing'FEC ',. nd a commission spokesman'&ot pontinued. '~. , irom,, ,firstpage ,,,. ,.. .r' It',4 , I eckjpedto .dWA ,tbrner U.S. Sen. Paul S. Trible Jr. Oct br.its conten t For the', Republican gubernatorial 6dBut naB oudtter said;'We from, the-: were nomination. Williams has denied the ta reports. 1988 tb4 if -we came i.Opratives for Trible's rivals for Iwith .the commisoU i the nomination, former.k Attorney SSources indicated th'llvem- General Marshall Coleman and 8th mplainta rentlyjikes -District Rep. Stan Parrs bad en- ;nce to meeings aLwhich'Republi couraged reporters to re-examline cans allegedly, discs*"6d'he pr'S possible links between the Trible f .- 'campaign .and -the Robb investi- ress of Franklin's 'invciatio ,gation. , - , .-i , ieLi- as payments.Uithe detectve. Trible has strenuously denreithat l"oe Eltonex6eculves Arecor to avoid defeat to Lhe, Republica;.P rtZ.f Yirginl be quit the Senate and party spokesman.Mike Salst , Robb, who was easily elected to the said terda tat bey.belleve Senate seat that the Republican nar- they were among 4 ast seven rowly woo in 1982. ple cited by Mc(ouVthe,ar (4 f Robb's Senate'caxb~aignlmnd , gntlytLi adinisft-tve asIstauA Bohhave.... previous],t onnecon wita e as claims by Democrats,that. federal prosecutors were Vnder ,-Pressure .fom Republican activists td oa Unk between Robb and cocaine lr- lcking .in South Hampton Roads.; SElton accused McCloud fthylng a bit 'of Awi & Jw~t -atmosphere:'-,to "create . rl Exhibit 5 moa 4 ese
e :CO.MP W13
. indPeter eiWdd i I. "n 1.41 . McMcUlob qud nd' ipttorneysaide,- ,,was,.DaQd
'An .AWnended complaint filed vi lh . s :s rr the Fideral'Electiou Cornr- cbnte d epublican SeIL Charles S bb 1ekes that two"t ed Fank dup prominent ;Eepubllcans • offered e• Oe~t' ..... a ,Vix w, .98S'; . day If the detective were Sent to Jail i'e m6dgd rhO141" fttefftftzlg 16 ieveA1 Whihid h ianklin' tdlnvestlgate Robb.:oj e, 4et..adf.' ,ada il .
Whansu Riblnond: bstetriclan,;I. indt* liems..... 10 btnrtt Sen. ACJoe Canadi. e ea Jr.: f Virginia Beach ' pledged-ftd -. uI.."Aft.-A I" Ctpensate:..rat ,,gL~,k Mr. o(filly obr A.)each Franklin day at.r I , "' d h-igjfreio a.. hE Irame O e An,Us 1 iei ii i t-, y t
&vent fusalndbemere, eld nteMpteont. .0 tor'tp.4 thingi .. "'dc b "about hlrng Of*.cltiibb'ij6
!WDrWtlagp ousfyrba dei reports he was'Iinvolved. Ftl ith an td 1keaphbn i(ii A'&Iid not bk'reached tori imie -7, All theprohs na 1M H can Party'aclts.d M # iThe amended complnt also a JJoe Elton; executive.,directo-'otitbe .Republlcip Party, of lrgint \"through OR1987, and. ,988'1,wvi.ln ,frequent contact'.,5wth US..tto yj Henry E. Hudson: ,jeeding hm . .,mors th an egortto link ]Rpbb" ,tan Investigatidn of. drug-traicklngIn, Virginia Beach. AMudson previously h'd enfed' L" ton was trying'to spur the federal investigation. . . ,.-. . . 'Canada lost to Robb In the 1i77 gen. Charles S. Robb says ef- -- • , - - "- --. , rt." ,-fPrt , was. - made toe0 i.hurt him. , 4" Cteeof tf Aobb, . 1. .. ",*," - U,' ' P 7 0
The new statement muppleMe I com plaint made during Robb' ea , palgn last year. Campaign aide gested then that federal electimn~ IA-9 0 Continued from Page I was violated when Franklin hired to investigate lieutenant governor's race. Robb's personag. life. , v-., Mrs. Canada was the Eastern Vir. McCloud.. ginia finance director of former U. assistant, -Robb's. admlimtay Sen. Paul S. refused today to discus the Trible Jr.'s unsuccessful contents of the new statement. campaign for the Republican 'guber- Hs said federal law forbids his discloinW' natorial nomination earlier this year. the new allegations. She now is a finance director , of state The new statement was f.leL, Sen. Edwina P. '.Eddy" Dalton's GOP McCloud campaign for lieutenant said, because the Fdt, governor. Election Commission had aske&. Fuentes was a major financial con- Robb's tributor to Trible's campaign to turn campaigzn, w; new information it obtained.over.anj Dr. Williams once ran Jor the .The commission has gone to 'Rouse3r District.. of Representatives from 'owu ...... w '! .,ethe to make Franklin tell who-hired Franklin 1 said todiyte h to Iivestigate 'Robb.iA not seen, in Norfolk is weighing federalthe agincj'd' Jud*- a copy of the.new complaint and request....-, ...... , ..- could not comment. But he described Franklin began. an investlgatio# Fuentes as a longtime friend and said, last June he and the Canadas of rumored cocaine us at are neighbors in parties attended by Robb. Virginia Beach. - while tI" "I Democrat was governor of Virginia. don't blame them (the Canadas) ]Robb said he never for being upset," Franklin saw cocaine bl said., . used at.the parties. , .. - Republican Party officials ,today '' ' . counterattacked. Robb's campaign suggested the I0# ...... restigation was begun In an attempt Elton said Robb should fire t McCloud o hurt the politician's campaigm bl4 for engaging in "rumor e,gainst Republican mongering", while Maurice A. Da*- roll. " .. on the'.. public.pay, _ . jos and that payments to Frankl hould have been. reported undik Mike Salster, director of communi- e cations lection law. Dawklns was for the state GOP, described overwhelmingly. defeate4 Robb as "Texaco Chuck" for fanning W.R. "Buster" the drug rumors. , O'Brien of "g leach, Franklin's lawyer,'said Salster speculated Robb th wants to new statement showed the Robb car& run for president in 1992 and has con- p cocted aign was "greatly in error" the Republican plot as '.a first complaint. on 14* smoke screen to cover up substantiat- ed news O'Brien hadn't seen a copy o the reports" about his atten- almended complaint dance at drug-related parties but had heard at Vir- about it, and he questioned ginia Beach while he was governor. , c Its accura- "Just like his father-in-law (the late "It's amazing to me that people In President Johnson) who threw money p4ositions at problems, Chuck like that would just go off Robb is throwing sc:attershot as they are," gasoline on his problem with O'Brien said. the The Washington Post reported to same results - more problems," Sal- d, ster said. ay that in the complaint, McCloud al leged Dr. Williams paid $5,000 to McCloud said. "Iwould expect they Firanklin. would say something like that. It will A Federal Election Commission be interesting to see what they have sp,okesman. to say when citing agency regula- they put them under ti(ins. would not oath." a confirm that an nended complaint was filed. * 0 Exhibit 6
opflalhae engaed naneg
4Wa m orionsrasa o
n IOE.as':D a s broken feder a n el'ha s n.ed py nt areporting ll -omplicate b f a t federalhe " s fees andsexpen es ti Coi7 a fedbralr o Wialstat 0 A mpignRobb is rung " nor at electioncop o~ft l oai an -, bf itsn , e xReJel ct do _#Iifm ad, e apessMi - ist I a ui .Ags wab.aned byheic 4 eir.,whodeclined o N -mordews LemaOaine iherdinge- "a Robb is cnsidere dom oA Ie Mormng.erig avo . c 6 'iort pubished toda 4o et a ce,, lai, GO nld:e tred Baptist pister,andhb i as M i oth h f Lsut a r e t r et a rt: The Rclt legd tat hoeveehionedpi n complan"taeort oPreportersEarli has sta thatneinhe-.hWa sh.no-, k pri,.. 'a Statewide to , GOP no an s h ate .whoi -0 ~implicate Robb Ina'federal inves -:,hie hi -anda, ha I, ...... to , "t ig;.. atioof dr . nd trafficking !'ff inot" -eifinisneai"until.wellafter . -in Virginia Beach, the Federal Eiec- the Nov.,8.eeun:,,r:,. : tic , C ¢m ,isso , m,-,a i t filed by . ,S l t r w h o ,4 1als ', aw n the Robbd c€prn.im sqays..a$,, ,'', campaign -.'spokesman,. and state fled'in G OP. executive, diretor Joe Elton copy ;ft.. e comp..laint, o 'o ,a ? u o A 4 u gt , ',wi s ob t ine d b y Th e Ri h '"d e nie d Lt h e ' a l g t r' ,m~~~ioindNews Leader, under the Free-..,,#campaign.,O-7 #.' , :,, dorIrfoniaio o Ac. t was the -No -rumor-mongening whatso-- IfirstF.a.li..t lime the complaint...ok..todr. -as ruormade ever"Franli.' occurred, investiathion. Elton told etiaothe Rich- .t-'public. alth.ough its existence..was mon~cnewspapr. VA, ... re,,. earlie.-r , , 40'L'i Elton called 'the, complaint ,.ex- tsate" GO""offils"6edf he ¢' emely s'tdpid -politics" that' ha), alle it ions and suqgested that Robb helped to keep alive an-issue that.',. ',iete:an wer,e trying to divert-' might otherwise have faded 'into, the * a~ten' oni the drug isu. ' background. '' ''"" ,, The RctPb ca3mpaign complaint Earlier, Salst'er told a'Washing- alleged tha-t whoever hired a Nor- ton Post reporter that neither-the folk pnvate detective, Billy' A.,., GOP nor Dawkins had author ized Franklin, to look into drug rumors Franklin's'investigation. o.:,t'
1, I - C. 0 Exhibit 7
what was going on, we would quite naturally share those developments Richmond Doctor Called with others," Elton added. Although sources said Williams had detailed knowledge about A Backer of Robb Probe Franklin's investigation, Williams said in the interviews that he had Private Inquiry Examined never met with and "never talked 46- . i Social Life directly" to Franklin. Williams, 61, is one of the re- By R.H. Melton has asked a federal judge inNorfolk gion's leading obstetricians, and and Donald P. Baker to order Franklin to divulge the was once the Republican nominee .%'Xtmftmn i'"51 StaffWriters name of his client, but Franklin has for Congress in the 3rd District, refused to do so, citing confidential- which includes Richmond. RICItIMOND, June 7-A wealthy ity. Last summer, at the height Richmond physician long of active in Both sides are awaiting the the U.S. Senate race, supporters state Republican circles helped ar- judge's ruling, expected any day. of Republican candidate range the financing for a private Maurice Franklin and his attorney, W.R. A. Dawkins announced the investigator's inquiry into Sen. forma- "Buster" O'Brien, declined today to tion of a group of "Drug Charles S. Robb's private life last Free Vir- comment about who hired the in- ginians" at a year and regularly informed the news conference at vestigator, citing the Henrico executive director of the state GOP ongoing FEC Doctors' Hospital, in the about the investigation, according case. shadow of the building where Wil- to party sources. Franklin did say lie is continuing liams' office is located. Williams his investigation Was instrumental Tile Republican Party sources and is still being inthe formation said Lewis H. Williams, a maior con- paid by his client. of that group, according to GOP tributor to state GOP candidates. The initial FEC complaint leaders. was a key linancial backer of the charged that Franklin's client had Later that day, Dawkins took a private uv.estigation of Democrat skirted federal election laws by not voluntary drug test at the hospital, Robb's social lifewhile he was Vir- reporting as campaign contributions aIpublicity stunt that forced Robb to ginia's governor, from 1981 to the money that Franklin earned for do likewise at Arlington Hospital 1985. the Robb investigation. the same day. The investigation was con- However, the sources who iden- Both candidates' tests were neg- ducted list ear during Robb's tified Williams as a financial backer ative. succe4,siul campaign for the U.S. said they are certain that Williams Republican interest in Robb's .Senate seat being vacated by Paul broke no campaign finance regula- personal affairs was whetted by S. Trible Jr. tions or any other laws by helping news stories, beginning in the Williams. who has contributed to underwrite the cost of the inives- spring of 1987, that said Robb's $1,000 to Trible's current can- tigation. name had come Up In a tederal paign for governor, said in inter- Sources close to the leadership of grand jury investigation of cocaine views last summer and last month the Virginia GOP said Williams kept tratficking in Virginia Beach. that he did not help deiray the cost Joe Elton, the executive director of though the prosecutor said Robb of the inve,,ti gtion, which was the state party, regularly apprised had never been a subject of the in- conducted bY ill!y A. Franklin. a of the status of Franklin's fivesti- vestigation. private dtcctlve il Virginia gation. Robb, who had cultivated a public Beach. "Like anybody else who works image of being a straight arrow, Wilianis could not he reached full time in politics, I did everything said that he had never attended par- today for cimmt. I could to stay Informed" about the ties where cocaine had been used. The Federal 1l:ctnon Comni,- inquiry into Robb's social life. Elton but that he may have been "naive" Sion. prompted by a complaint filed saul. about sonic of the people with last August by a senior Robb aide, "''o the extent that we found out whom he socialized. 0 _ Exhibit a
dne
By Michael Hardy , ) *Th' rnmhmond physlciankf said he, d Mark Johlson s .A ' .:.thad%nothing. to do .with: Fra"'s; -me-D !.ts wt v,m ,". ,d;hiring.Hesaid he had heard of 4, A orfo1W-private.- d&etive-yes--•. . detective: but did-not know• bim' o., erday-was-slent-on-published r have any business relationslpj:lth Worts that a supporter of Republican .,,.., _ . . ca me'.' I; gubernatoralcandidate Paul . m.- . .ha newspaper ccount ;4)rivate-.life -of U.& Sen. .Charles S. bef.ore primary and as ..
-N bb--a A 4 round opublic opinion polls showed AsIf.,~s~a~nr~qr~enew #h# r-e * , Wthatas all.Tible's but vanishe&L once-commazndingea~ Wi f id-nd h his-sup- ~Oeativeslforrlel A 1osed'elient,"investlgator -Billy A., - the nomination,Marshall Col 4 Sranklin said in ,te hone inter- d stan arr,-h• ,iew,Tm.i not &nfirm.ng---w Pe" I a .#supposed-links d-re -betwee..the n rb:eO- NO = _ i e igp-and the Robb' Inveslgatlon ",knowiabsolutely'nothing about "decisionI1n a mplaint py'ajurfolklfederalJudge dthe FederalElec-- it'- --hatrv"nly eadinthe news- .lioni Comimisson., se~dng ofore' pers, t+.'bleJ 'said.yesterday I Cj scJosureoi his eployer's..dentity.r i. , Ied-r. ::The, oplalnt,' ed yby#lobb's tt thaiRobb ea_.U w.qn a year. -eateampaignfr2 anklast -dore L-an .r.oyears a ,,he: -summrer,"alleged the lnvestigation WimesD'spatch disclosed that a led- C was ieitically,motivated,lnd thus ,' eal grand-jury nNorfolk.hadabeen ,Franklin should discloseliisclient's -jttold about'Robb's attendance.z piekwhle _. 'ameL . ' 1W overnor,' ataYirginiBeach -~~ logtm CI'ilan~tOAhere cocaine was openily d ispa C ! sionalUtibutor candidate and. a3rd'Dist in ngres-,2 nd used 1962, has deneda Robb,-dogg 9bya sr a oegAnios3 Pfeport yesterday by The Washington during his Senate campaMgnha aL- !Post 4n which unnamed partk knowledged -that he showed .-poor ,tNources identified him as the detec-.. 'judgment in attending the parties, r{ive's employer. ,.4 . ' I. but . has 'adamantly .denied any *""Nottrue," Dr. Williamssald last knowledge 'of drug use. ", "-, .' -nightL I'm not ctive, Inpolitics."i ' As for Dr. Williams, heli.be ' Dr. Williams said he served on doesn't know how his name became *'irible'sstate advisory committee in involved in the Robb investigation.. .'1982, but has becomeless and -less .Y My Interest is medicine.,Al.ays jInvolved in the ticol ii been, ad continues to...., 1. Exhibit 9
FEDERAL ELECTION COMMISSION WASHING VON. 0 C 20463
CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. William Franklin Franklin Security Systems, Inc. 7909 Brookfield Road Norfolk, VA 23518 RE: MUR 2673
Dear Mr. Franklin:
The Federal Election Commission has the statutory duty of enforcing the Federal Election Campaign Act of 1971, as amended, and Chapters 95 and 96 of Title 26, United States Code.* The Commission has issued the attached order which requires you to provide certain information i& connection with an investigation it is conducting.*The Commission does not consider yov a Crespondent in this matter, but rather a witness only. Nr You may consult with an attorney and have an attorney assist you in the preparation of your responses to this ordere- However, you are required to submit the information with 15 days of your receipt of this order. All answers to questions must be submitted under C- oath. On September 8. 1988 you submitted a letter to the Commission in which you waived your right to confidentiality in the above-captioned matter, pursuant to 2 U.S.C. S 437g(a)(12)(A). Your waiver is hereby acknowledged by the Commission.
The Commission will consider requests for information concerning this matter subject to the following considerations. First; requests must be in writing. Second, such requests will be considered by the Commission subject to the provisions of the Freedom of Information Act, the Government in the Sunshine Act, and all relevant privileges which may limit or preclude the release of the requested information.
Petitioner FEC's Exhibit No. -'7-1'TnVV RIF "71 -1 -71 11T71- 7 1~
PageMr. WIll$m.rranklIn2
Please note that this waiver pertains to information concerning-you alone, and does not pertain to any respondents other in this matter. Thus, you may not disclose any information pertaining to the respondents in this matter you are until notified by the Commission that the entire file in this matter has been closed.
If you have any questions, please contact Judybeth Greene, the attorney assigned to this matter, at (800) 424-9530 or ('202) 376-8200. Sin~g rely,
avren fl. Noble Enclosure General Counsel Order
I- .aq ,q 4 11 7 3 43b gain complains to FEC about probe April Wit- hobb's social tile in Virginma Beath for several dirty tricks, at one point c.olparing GOlP up- The Robb canipaign'as recent addendum d Rose Ellen O'Connor /-* 8'? months, would not comment on whether such eratives to Watergate-era figure )onald an FEC complaint filed in mid-August elais that Franklin boasted of possIessing two witers affidavits exist or are in his possession. lie Segretti. q/writers ______-___ alh..I Ihd ti,that l lmiin is atheii)tinefi . . criminating affidavits during a Vnsit to the%, O'B Charles S. Robb's campaign for the U.S. to discredit himl. by tying his investigation to Robb complained to the Federal Election ginia Beach law office of W.t. "Buster" is incensed at the I nate has coflilaincd to federal election offi- state Republicans Coninission because lie en, a Republican and forner member of investiga itutbb, a lD)inn.,tIat, itvpeat-tudly has denid thought that Franklin has been circulating House of l)elegates. its that a Virginia Beach private said state Sen. boasted of pOSeSSing SWorn affidavits using illegil illig. false rumors about him, Moody F "Sounny" Stallings Jr. D-Vii ginia The addendum charges that an absoct. mI two people who claim to have seen the of O'Brien's overheard the boast, and pas, "ier governor use illegal drugs. )avid K Mc(-Chud, Robb's canipaigin chair- Beach add rumors "Ro b is incensed by Billy Franklin's it along to Stallings, a Democrat. The man, said Wednesday that persistent Franklin, that I a drug involvement are "a smear whole involvement in this," Stallings said. dum adds, according to The private investigator, Billy A. Franklin, about Robb's exist, they are false. made such a campaign and I think (Franklin's) up to his "Robb is (saying) 'let's quit all the rumors affidavits nied Wednesday that he ever is ast. 'That's a damn lie," he said. neck in it." and put up or shut up because ltobb Please see ROBB But Franklin, who has been probing McCloud accused state itepublicajis of clean,' "Stallings said. "I believe it."
drug. Robb has said repeatedly that he was unaware of drug use by his ROBB associates. ('olinui-dijin i'age DI In mid-August, McCloud alleged to the FEC that Virginia tepubli- Both Franklin and O'Brien said cans have waged a rumor campaign Wednesday that they have not spo- aimed at implicating Robb in a fed- ken to each other about the lRobb eral drug investigation. investigation. They also said that McCloud's complaint asked the the private investigator has not vis- commission to find out who hired ited O'Brien, a personal friend, at Franklin. It charged that whoever his law otfice for about two years. hired Franklin should have reported Robb operatives "are trying to his wages as a campaign expense. make a political thing out of this, On Wednesday, McCloud again (tying it to) political parties... " called on Franklin to "come clean" O'Brien, the GOP nominee for attor- and identify his employer. ney general in 1985, said. Franklin insisted Wednesday that Rumors about Robb's activities neither the Republican Party nor and associations in Virginia Beach the campaign of Maurice A. Daw- have circulated for several years. kins, the GOP nominee in the Sen- The Virginian-Pilot and The Led- ate race, are paying him. ger-Star reported last month that But Franklin declined to say who Robb had been part of a Virginia is footing his bill. Beach social circle that included 10 "My client has asked me to in- men drawn into a federal cocaine voke attorney-client privilege," said investigation in Norfolk. Franklin, who is a lawyer as well as The newspaper's investigation, a private investigator. "My client including more than 200 interviews, has nothing to do with the Dawkins produced no evidence that Robb campaign or the Republican Party, I used cocaine or any other illegal can tell you that." Wh that Robb attended prties. 0 By Kent Jenkins Jr. Wa.Auipm s"Sea Wvuur where cocaine was used. Franklin, who is both a private VIRGINIA BEACH, Sept. 14-A investigator and a lawyer, said he private detective who is investiga- expects his client to make public ting the social life of former Dem- he results of his investigation. ocratic governor Charles S. Robb eventually, but that he does not ex- said today that Robb's campaign for pect to be finished until long after the U.S. Senate istrying to discred- lNovember's Senate election. "I'm it im for political reasons by falsely certainly not going to give him or 5 linking his probe to a prominent anyone else a report before the Tidewater Republican. election-not one damn thing:". Billy A. Franklin, president ot Franklin said. Franklin Security Systems Inc., said Last month the Robb campaign that Robb's campaign had told the filed a complaint with the Federal. Federal Elections Commission that Elections Commission that sought. he discussed his investigation with the identity of Franklin's employer..'.. former delegate W.R. (Buster) That complaint also asked that any O'Brien. the GOP candidate for at- money paid to Franklin be consid- torney general in 1985. In papers ered a contribution to the campaign mailed to the commission today, of Robb's GOP opponent, retired Franklin called the statement "an lobbyist Maurice A. Dawkins of Ar- outright lie." lington.Franklin has denied that he is Franklin. responding to a com- connected to the Dawkins campaign.. mission complaint filed by the Robb Since then, according to the pa- campaign, said the attempt to con- pers Franklin mailed yesterday, the nect his investigation to Republi- Robb campaign has filed an adden- cans is designed "to discredit the dum that stated that Franklin dis- *A101 source' of information that might cussed the case with O'Brien. ONO be damaging to Robb and is "an ob- According to Franklin's papers, vious attempt to manipulate the the Robb addendum also allege 's commission for political purposes." that Franklin has obtained written 'MEMO Franklin has declined to say who statements fromn two people who hired him. say they saw Robb take drugs. The O'Brien said in an interview that Robb addendum says that if such while he had been aware for several statements exist they are false, weeks that Franklin was investiga- Franklin saod. Robb has repeatedly ting Robb, he had not discussed the denied using drugs or knowing that probe with Franklin and was not in- drugs were being used at parties. volved with it. "I have no idea what Franklin wrote that he -neither he's found out," O'Brien said, "and confirms nor denies the existence of the claim that Billy Franklin has even any affidavits of persons wvho are been in this office is absolute deceit." alleged to have witnessed former David K. McCloud, Robb's cam- governor Robb using illegal drugs." paign chairman, said that he wvas He declined to discuss the sub- told by a Tidewater lawyer that stance of his investigation in an in- "Billy Franklin had been in Buster terview today. O'Brien's law firm and was boasting Franklin did say that "Idon't like about what he had on Chuck Robb. people deliberntely lying about me, This was told to me by a reputable and the accusation that I was brag- lawyer ... and I don't think hie ging to Buster O'Brien or anybody would make something up. else about this investigation is a "But if Mr. Franklin is really In- baldfaced Ilie. terested in resolving this matter. "This is an effort to discredit me, why doesn't he identify his client?" so people won't talk to me because McCloud asked. "Ile's doing sonie- they feel I'mn directly connectedly thing that is obviously designed with somne Republican group." with partisan motives in mind. What Franklin said. "I'm not. I'm not try- does he have to ide?" ing to take a cheap shot at governor Franklin has said that he was Robb. I'm trying to conduct a pro- hired in early June to Investigate fessional invest igat ion." lingering rumors about Robb's pri- Franklin said that his client hired vate life while he was governor, bim solely to determine whether particularly regarding Robb's social Robb wvas connected in any way to' activities in Virginia Beach, Al- drug use. Ile said that in recent though Robb has never been ac- weeks hie has received several calls cused of taking Illegal drugs, The from Tide'water D)emocrats wvhom Virginian- Pilot and The Ledger- het called "Robb supporters" urging Star of Norfolk said in a story last himi to drop the investigation. '7 ~ v 017'7"7
F7 RAL -fla
89 0C 14 P6 3:52 FEDERAL ELECTION CONNISSION 999 3 Street,'""'"' NI.W."""SENSITIVE Washington, D.C. 20463 FIRST GENERAL COUNSEL'S REPORT
NUR # 2980 DATE COMPLAINT RECEIVED BY OGC: September 7, 1989 DATE OF NOTIFICATION TO RESPONDENTS: September 15, 1989 STAFF MEMBER: A. Buckley COMPLAINANT: Billy A. Franklin
RESPONDENTS: David K. McCloud; Robb for Senate and Alson H. Smith, Jr., as treasurer RELEVANT STATUTE: 2 U.S.C. S 437g(a)(12)(a)
INTERNAL REPORTS CHECKED: None
FEDERAL AGENCIES CHECKED: None
I. GENERATION OF MATTER The complainant, Billy A. Franklin, is a private detective whose investigation of Senator Charles Robb is the subject of 1MUR 2673. Mr. Franklin filed a complaint alleging that David K.
C' McCloud, chairman of Robb for Senate, or Robb for Senate itself, violated 2 U.S.C. S 437g(a)(12)(A) by releasing the contents of the complaint and amendments in MUR 2673 to various newspaper reporters.
II. FACTUAL AND LEGAL ANALYSIS
Pursuant to 2 U.S.C. S 437g(a)(12)(A), it is unlawful for any person to publicize any notification or investigation made by the Federal Election Commission, without the written consent of the person receiving such notifi-ation or of the person with respect to whom such investigation is made. The Commission has consistently held that this prohibition does not prevent a -2- complainant from releasing the fact that a complaint has been filed, or from releasing the substance of that complaint. See,
eI.., MUR 2142. Mr. Franklin cites several newspaper articles as support for his allegations. The firs;t two, Washington Post articles dated August 30, 1988, both state that a Commission spokesman confirmed the filing of the complaint in MUR 2673, but declined further comment due to confidentiality rules. The articles further state that Mr. McCloud declined to discuss the 0% complaint, citing privacy laws, but that Mr. Franklin divulged the contents of the complaint. The other articles state the contents of the amendments to the complaint, but do not mention
the sources of this information. 10 None of the evidence cited in the complaint supports a
finding that the respondents have violated the confidentiality requirements of the Act by disclosing any information about a
C., Commission notification or investigation. Moreover, the C' respondents have submitted additional evidence, in the form of C an affidavit from the complainant in MUR 2673 and additional
newspaper articles, in support of their argument that they did not breach the confidentiality requirements. (Attachment 1). Therefore, this Office recommends that the Commission find no reason to believe that David K. McCloud violated 2 U.S.C. S 437g(a)(12)(A), find n~o reason to believe that Robb for Senate and Alson H. Smith, Jr., as treasurer, violated 2 U.S.C. S 437g(a)(12)(A), and close the file. -3- Ill. RU OIlong&TIOU5 1. Find no reason to believe that David K. McCloud violated 2 U.S.C. 5 4379(a)(12)(A). 2. Find no reason to believe that Robb for Senate and Alson H. Smith, Jr., as treasurer, violated 2 U.S.C. S 437g(a)(12)(A). 3. Approve the attached letters. 4. Close the file. Lawrence M. Noble General Counsel
Date BY: Lois G. Ler r Associate Glneral Counsel Attachments 1. Reply of Respondents *2. Letters (2) P-
C C BEFORE THE FEDERAL ELECTION COMMISSION In the Matter of ) MUR 2980 David K. McCloud; Robb for ) Senate and Alson H. Smith, Jr., ) as treasurer )
CERTIFICATION
I, Marjorie W. Emmons, Secretary of the Federal Election Commission, do hereby certify that on December 19, 1989, the Commission decided by a vote of 6-0 to approve the following
__ actions in MUR 2980:
1. Find no reason to believe that David K. McCloud violated 2 U.S.C. S 437g(a)(12) (A). 2. Find no reason to believe that Robb for 1Senate and Alson H. Smith, Jr., as treasurer, violated 2 U.S.C. 5 437g(a) (12)(A). 3. Approve the letters, as recommended in the General Counsel's Report dated December 14, 1989. C , 4. Close the file. C, Commissioners Aikens, Elliott, Josefiak, McDonald, McGarry and Thomas voted affirmatively for the decision. Attest:
Date Marjorie W. Emmons Secretary of the Commission
Received in the Secretariat: Thursday, Dec. 14, 1989 3:52 p.m. Circulated to the Commission: Friday, Dec. 15, 1989 12:00 p.m. Deadline for vote. Tuesday, Dec. 19, 1989 4:00 p.m. FEDERAL ELECTION COMMISSION WASHINCTON, D.C. 20463
January 1a, 1990
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Billy A. Franklin 1836 Green Hill Road Virginia Beach, VA 23454
RE: MUR 2980 David K. McCloud Robb for Senate Committee and Alson H. Smith, Jr., as treasurer
Dear Mr. Franklin:
On December 19, 1989, the Federal Election Commission reviewed the allegations of your complaint dated August 21, 1989, and found that on the basis of the information provided in your complaint, and information provided by the respondents, there is no reason to believe David K. McCloud or the Robb for C11 Senate Committee and Alson H. Smith, Jr., as treasurer, violated 2 U.S.C. 5 437g(a)(12)(A). Accordingly, on that same date, the 1%r Commission closed the file in this matter. The Federal Election CCampaign Act of 1971, as amended ("the Act") allows a complainant to seek judicial review of the Commission's dismissal of this action. See 2 U.S.C. S 437g(a)(8).
C' Sincerely,
Lawrence M. Noble General Counsel
BY: Lois G. Lern Associate General Counsel
Enclosure General Counsel's Report I) ___
FEDERAL ELECTION COMMISSION WASHINGTON. D C. 20463
January 19, 1990
CERTIFIED MAIL RETURN RECEIPT REQUESTED Michael B. Barr, Esq. Hunton & Williams 2000 Pennsylvania Avenue, N.W. Washington, D.C. 20036
RE: MUR 2980 David K. McCloud Robb for Senate Committee and Alson H. Smith, Jr., as treasurer Dear Mr. Barr: On September 15, 1989, the Federal notified Election Commission your clients, David K. McCloud and the Robb for Senate Committee and Alson H. Smith, Jr., as treasurer, alleging of a complaint violations of certain sections of the Federal Election g Campaign Act of 1971, as amended.
C"1 On December 19, 1989, the Commission found, on the information the basis of in the complaint, and information provided by your clients, that there is no reason to believe McCloud David K. or the Robb for Senate Committee and Alson H. Smith, Jr., as treasurer, violated 2 U.S.C. S 4 37g(a)(12)(A). Accordingly, the Commission closed its file in this matter. rThis matter will become a part of the public record within 30 days. If you wish to submit any materials to appear public record, on the please do so within ten days. Please send such materials to the Office of the General Counsel.
Sincerely, Lawrence M. Noble General Counsel
BY: L Associate General Counsel Enclosure General Counsel's Report kc
FE? -qAL ULECTION, "114MISSION WASIINCTON. ;).C.043
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