LAW OFFICES OF

J . W HITFIELD L ARRABEE
TRIAL AND APPELLATE LAWYERS
251 HARVARD STREET, SUITE 9
BROOKLINE, MASSACHUSETTS 02445

TELEPHONE: (617) 566-3670

FACSIMILE: (617) 507-6435
JW.LARRABEE@VERIZON.NET

August 1, 2016
VIA FAX AND REGULAR MAIL
State Attorney Mark A. Ober
State Attorney for the Thirteenth Judicial Circuit
419 North Pierce Street
Tampa, Florida 33602
Re:

Complaint Against Donald J. Trump and Attorney General Pamela Jo Bondi

Dear State Attorney Ober:

Enclosed please find a complaint against Donald J. Trump and Attorney General Pamela
Jo Bondi.
This complaint requests that you conduct a fair and impartial inquiry, convene a grand
jury to investigate, and obtain appropriate indictments against Donald J. Trump and Attorney
General Pamela Jo Bondi for acts occurring in Tampa, Florida within the Thirteenth Judicial
Circuit. Enclosed and annexed to my complaint is the July 6, 2016 complaint of Citizens For
Responsibility and Ethics in Washington (CREW) that was made to the Florida Ethics
Commission and the Florida Inspector General. The CREW complaint includes important
attachments that are evidence supporting the allegations in my complaint.
Neither Donald Trump nor Attorney General Pamela Bondi are above the law. I request
that, based on the substantial evidence set forth in the complaint, you immediately initiate an
investigation of these two individuals and that you obtain indictments if you determine that they
committed crimes in the Thirteenth Judicial Circuit.
I respectfully request that you acknowledge receipt of this complaint and that you inform
me as soon as possible if you will investigate this matter and when such an investigation will
take place.
Thank you for your time and consideration of these matters.
Very truly yours,

J. Whitfield Larrabee

STATE OF FLORIDA
STATE ATTORNEY - THIRTEENTH JUDICIAL CIRCUIT
IN THE MATTER OF:

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)
)
)
)
)
)

DONALD J. TRUMP AND

PAMELA JO BONDI,
Respondents

COMPLAINT
INTRODUCTION
1.

This is a complaint to the office of the State Attorney for the 13th Judicial Circuit of
Florida in Hillsborough County. It is a complaint for bribery based on evidence of
violations of Florida Statute, 838.015. The complaint sets forth probable cause to
establish that the Respondents, Donald J. Trump and Pamela Jo Bondi, committed felony
violations of Florida law by his giving and her receiving of a bribe valued at $25,000.1
This complaint is urgent because it concerns the corruption of the elected and presently
serving Florida Attorney General by the person nominated by the Republican Party to be
its candidate for the office of President of the United States. Corruption of this nature
interferes with the functioning of the governments of Florida and of the United States and
undermines the publics confidence in our democratic institutions.

Florida Statute, 838.015, provides:

(1) Bribery means corruptly to give, offer, or promise to any public servant, or, if a public
servant, corruptly to request, solicit, accept, or agree to accept for himself or herself or another,
any pecuniary or other benefit not authorized by law with an intent or purpose to influence the
performance of any act or omission which the person believes to be, or the public servant
represents as being, within the official discretion of a public servant, in violation of a public duty,
or in performance of a public duty.
(2) Prosecution under this section shall not require any allegation or proof that the public servant
ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the
public servant had assumed office, that the matter was properly pending before him or her or
might by law properly be brought before him or her, that the public servant possessed jurisdiction
over the matter, or that his or her official action was necessary to achieve the persons purpose.
(3) Any person who commits bribery commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

PARTIES
2.

Complainant, J. Whitfield Larrabee (hereinafter Larrabee), is a resident of

Massachusetts. Larrabee, a licensed attorney, is admitted to the practice of law in the
Commonwealth of Massachusetts, the United States District Court for Massachusetts, and
the United States First Circuit Court of Appeals.

3.

Respondent Donald J. Trump (hereinafter Trump) is a resident of New York. He is and

was President of The Donald J. Trump Foundation (hereinafter the Trump Foundation)
at all relevant times. Trump was and is a fiduciary of the Trump Foundation.

4.

Respondent Pamela Jo Bondi (Bondi) is a resident of Florida. Bondi is a graduate of

Stetson University Law School and is licensed to practice law in the State of Florida. She
is presently the Florida Attorney General. At all times relevant to this complaint, she
was the Florida Attorney General.

5.

The Trump Foundation is a New York corporation, charity and non-profit with section
501(c)(3) status.
JURISDICTION

6.

The State Attorney for the 13th Judicial Circuit has jurisdiction over this matter based on
the delivery of a payment to a political committee, called And Justice For All, located
within the Circuit. At the time of the delivery of the payment, on or about September 17,
2013, And Justice For All was located at 610 South Boulevard, Tampa, Florida. Bondi
established and maintained the And Justice For All political committee and organization.
And Justice For All acted as Bondis agent at all times relevant hereto, and it received
said payment on behalf of Bondi. Trump arranged for the Trump Foundation to deliver
the payment to And Justice For All in Tampa. The Trump Foundation acted as the agent
of Trump in delivering said payment.
FACTUAL AND LEGAL BASIS FOR THE COMPLAINT

7.

There is probable cause to establish that on September 17, 2013, Donald Trump bribed
Pamela Bondi, the Florida Attorney General, in violation of Florida Statute, 838.015(1)
and (2), which sections prohibit the bribery of public servants, by his giving and her
receiving of a bribe valued at $25,000.

8.

According to Bondis political consultant Marc Reichelderfer, several weeks prior to

September 13, 2013, Bondi spoke to Trump and personally solicited a campaign
contribution from him.2 At the time Bondi solicited this campaign contribution,
numerous complaints against Trump University and Trump Institute had been filed with
and were under review by the Florida Attorney Generals office. By requesting a
campaign contribution while complaints against businesses affiliated with Trump and
carrying his name had been filed with and were under review by her office, Bondi
corruptly requested and solicited a pecuniary benefit that was not authorized by law in
violation of her duty to the public and her constituents and in violation of Florida Statute,
838.015(1).

9.

On September 13, 2013, the Orlando Sun Sentinel reported that a spokesperson at the
office of the Attorney General of Florida announced that Attorney General was
conducting a review of the allegations in a New York lawsuit against Trump University.3
At the time of the review, more than 20 Florida residents had filed complaints, alleging
fraud and other unfair business practices, with the Attorney Generals office against
Trump University and the Trump Institute. Trump actively participated in promoting
these businesses, he had a financial interest in each of these ventures, and it was in his
financial and legal interest that the Florida Attorney General refrain from joining in or
bringing litigation against Trump, Trump University and the Trump Institute.

10.

In addition to the complaints against Trump University and the Trump Institute that were
filed with the Florida Attorney Generals office, both before and after Bondi was elected,
it very likely that numerous other Florida residents were aggrieved by Trump University
or the Trump Institute but failed to file complaints with the Attorney Generals Office.

11.

On September 17, 2013, a political group backing Bondi's re-election, called And Justice
for All, reported receiving a $25,000 contribution from the Trump Foundation. This
organization was established and maintained by Bondi. In a Statement of Solicitation
Filed by Bondi on August 6, 2013 with the Florida Division of Elections, as required by
106.0701, Florida Statutes, Bondi stated that she established and maintained the
Justice for All political organization.

Fineout, Gary, et al, Florida AG asked Trump for donation before nixing fraud case,
Associated Press, Jun. 6, 2016,
http://bigstory.ap.org/article/e16a8223c24048d290883370dc6abe5b/florida-ag-asked-trump-dona
tion-nixing-fraud-case
3

Burnett, Richard, N.Y.s Trump U Suit Draws Florida Officials Attention, Orlando
Sentinel, September 13, 2013,
http://articles.orlandosentinel.com/2013-09-13/business/os-trump-institute-complaints-20130913
_1_trump-entrepreneur-initiative-trump-university-florida-attorney-general
3

12.

On or before October 17, 2013, Jeane Meale, a spokeswoman for Bondi, announced that
Bondi's office would take no action against Trump University.4 Although Bondis office
conducted very little investigation of the complaints against Trump University and Trump
Institute, Bondi in fact elected not to join in New York litigation against Trump
University, and her office made no further effort to initiate litigation against Trump
University or the Trump Institute.5

13.

Although there was sufficient evidence to bring litigation against Trump University and
the Trump institute, to date Bondi has not initiated any litigation on behalf of the
numerous Florida residents who filed complaints with the Florida Attorney Generals
office. The decision not to join in or bring litigation against Trump, Trump University,
Trump Institute or their affiliates was within the official discretion of a Bondi. Bondis
exercise of this discretion, after soliciting and receiving a contribution from Trump, was
done in violation of her public duty, and it was done in performance of her public duty, in
violation of Florida Statute, 838.015(1).

14.

Evidence strongly indicates that Bondis decision not to initiate or participate in

litigation against Trump University was given in exchange for Trumps contribution
based on the short time period between the receipt of the political contribution and the
announcement of Bondis decision not to participate in the New York litigation. No more
than 30 days after the $25,000 payment was made, Bondis spokeswoman announced that
Bondi would take no action against Trump University and its affiliates. The timing of
these events is substantial evidence of a quid pro quo in which Trump gave money to a
political committee supporting Bondis in exchange for Bondis agreement not to take
any action against Trump University.

15.

Due to the obvious conflict of interest, it was dishonest, unethical and unlawful for Bondi
to solicit and accept a political campaign donation from Donald Trump at a time when
her office was considering litigation against Trump University and had received
numerous complaints against Trump University and its affiliates. Based on Bondis legal
knowledge, training and experience, it is very likely that she knowingly and intentionally
disregarded this conflict of interest. Bondis action, in disregarding the conflict of
interest, is substantial evidence of her corrupt motives and intentions, in soliciting and
accepting the $25,000 contribution from Trump, and in violating Statute, 838.015(1).
4

Van Sickler, Michael, Trump contribution to Bondi re-election draws more scrutiny to
her fundraising, Tampa Bay Times, October 17, 2013
http://www.tampabay.com/news/politics/elections/trump-contribution-to-pam-bondis-re-electiondraws-more-scrutiny-to-her/2147796
5

Fineout, Gary, et al, Florida AG asked Trump for donation before nixing fraud case,
Associated Press, Jun. 6, 2016
Van Sickler, Michael, Trump contribution to Bondi re-election draws more scrutiny to
her fundraising, Tampa Bay Times, October 17, 2013
4

16.

Trump has publicly declared that he gives political contributions to elected officials in
exchange for political favors. On July 16, 2015, while campaigning in Laconia, New
Hampshire, Trump spoke about Jeb Bushs fundraising. He stated: "He raises 100
million, so what does 100 million mean? 100 million means he's doing favors for so
many people, it means lobbyists, it means special interests, it means donors...Who knows
it better than me? I give to everybody. They do whatever I want. It's true."6

17.

On January 9, 2016, at a campaign rally in Clear Lake Iowa, which was broadcast on CSPAN, Trump boasted: You know, it's interesting. I was looking at the ones I'm running
against. I've contributed to most of them -- can you believe it? I've contributed to most of
them. And one of them said, No, I don't think you've contributed to me. They found out I
did. I contribute to everybody. I've given to Democrats. I've given to Hillary. I've given to
everybody, because that was my job. I've got to give to them. because when I want
something I get it. When I call, they kiss my ass. It's true. They kiss my ass. It's true.7
Trumps public statements are compelling evidence of his corrupt motivations and
intentions, and his violation of Florida Statute 838.015(1).

18.

In 2010, Richard Berlin, an Assistant Attorney General with the Texas Consumer
Protection Division requested permission to file a lawsuit against Trump University,
Trump and his business partners seeking more than $5.4 million in penalties and
restitution related to fraud and deceptive business practices. The case was dropped by the
office of Texas Attorney General Gregory Abbott in 2010. Former Texas Deputy Chief
of Consumer Protection John Owens said that the case was strong and had been dropped
for political reasons. In 2013, Trump contributed $35,000 to Attorney General Abbott in
his campaign to be governor. Gregory Abbott is presently the Governor of Texas. Trump
has engaged in a pattern of corrupt influence peddling related to Trump University.

Spodak, Cassie, Trump says Bushs fundraising means hes doing favors, CNN
Politics, July 17, 2015,
http://edition.cnn.com/2015/07/16/politics/donald-trump-new-hampshire-jeb-bush/index.html
7

C-SPAN broadcast, January 9, 2016, Campaign Rally in Clear Lake Iowa,

https://www.youtube.com/watch?v=w-li1B4Ceb0
York, Byron, Trump on buying politicians, When I call, they kiss my ass, Washington
Examiner, January 10, 2016, http://www.washingtonexaminer.com/trump-on-buying-politicianswhen-i-call-they-kiss-my-ass/article/2580063
5

19.

Under the laws of the United States and Florida, it is unlawful for a charitable foundation
to contribute funds to a political action committee, and it is unlawful for a political action
committee to accept such a contribution.8 Because U.S. and Florida law prohibits such
contributions, the contribution was not authorized by law within the meaning of
prohibition on bribery set forth at Florida Statute 838.015(1).

20.

The contribution was also prohibited by Florida Statute 112.313(6) which provides: No
public officer, employee of an agency, or local government attorney shall corruptly use or
attempt to use his or her official position or any property or resource which may be within
his or her trust, or perform his or her official duties, to secure a special privilege, benefit,
or exemption for himself, herself, or others.9

21.

As a 501(c)(3) organization, the Trump Foundation is strictly prohibited from making

financial or in-kind political contributions. Notwithstanding this prohibition, Trump
arranged for the Trump Foundation to make a $25,000 contribution to a political
committee supporting Bondi. The committee, with Bondis knowledge and agreement,
accepted this donation.10

22.

Based on Bondis legal knowledge, education, training, resources and experience, it is

very likely that Bondi knew that the contribution from the Trump Foundation was
unlawful. Because Trump was the manager and President of the Trump Foundation, he
had a fiduciary duty not to use the funds of the foundation for non-charitable purposes.
Furthermore, as a seasoned manager of the foundation, it is also very likely that Trump
knew that this contribution was illegal. Trumps and Bondis participation in this illegal
transaction is strong evidence of their corrupt motivations and intentions and their
violation of Florida Statute 838.015(1).

26 U.S.C. 501(c)(3) provides that charitable foundations may not participate in, or
intervene in (including the publishing or distributing of statements), any political campaign on
behalf of (or in opposition to) any candidate for public office.
Florida Statute 106.08, 5(a)(b), provides that: Candidates, political committees,
affiliated party committees, and political parties may not solicit contributions from any religious,
charitable, civic, or other causes or organizations established primarily for the public good.
9

Attached hereto, as Exhibit 1, is a complaint made to the Florida Ethics Commission

by Citizens For Responsibility and Ethics In Washington (CREW) with documentation
supporting the allegations in the above captioned matter. The CREW complaint and supporting
documents are incorporated in this complaint by reference as if fully set forth herein.
10

Only in 2016, years after accepting the contribution, did Bondi offer to return the
illegal donation to the Trump Foundation, and this only occurred after negative media publicity
concerning the improper transaction. Bondi and And Justice For All offered to return, but
never actually returned, funds to the Trump Foundation.
6

23.

There is also probable cause to establish that Trump has misappropriated funds of the
Trump Foundation and that Bondi has illegally received, possessed and spent these
misappropriated funds. Based on admissions of Trump and Bondi, as well as the 2013
990-PF information form filed by the Trump Foundation with the Internal Revenue
Service, it is established that $25,000 in charitable funds from the Trump Foundation
were paid to political committee supporting Bondi. This is evidence of Trumps corrupt
motivations and intentions.

24.

After the illegal contribution was publicly disclosed in the news media in March of 2016,
Bondis accountant announced that she had sent a check to the Trump Foundation to
repay the funds.

25.

However, the Trump Foundation reported that it voided the check and did not accept
return of the funds.11

26.

Based on admissions of Trump and Bondi, as well as the 2013 990-PF information form
filed by the Trump Foundation with the Internal Revenue Service, it is established that
$25,000 in charitable funds from the Trump Foundation were paid to a political
committee supporting Bondi (the Trump Foundations 2013 990-PF falsely identified a
non-profit with a similar name the recipient of the gift.)

27.

Bondi violated United States, New York and Florida law by soliciting, accepting,
spending and retaining funds received from the Trump Foundation.

28.

Trumps and Bondis misappropriation and conversion of the charitable funds of the
Trump Foundation are evidence of their corrupt motivations and intentions.

11

Trump asserts that in 2016 he gave $25,000 to the Trump Foundation to correct the
error he previously made in giving $25,000 in Trump Foundation money to the political
committee called And Justice for All. Fahrenthold, David, Trump camp says $25,000 charity
contribution to Florida AG was a mistake, Washington Post, March 22, 2016; Steve Bosquet,
Trump Check Draws Ethics And Bar Complaints, Times Herald Tallahassee Bureau, June 8,
2016, http://www.tampabay.com/blogs/the-buzz-florida-politics/bondis-25000-trump-checkdraws-ethics-and-bar-complaints/2280809. Trumps action and the statement of his aids indicate
that Trump used the Trump Foundation as an illegal conduit for a campaign contribution to
Bondi.
7

29.

On June 12, 2016, Florida Governor Richard Scott (hereinafter Scott) said that he
would not call for an independent investigation of the Trump Foundations $25,000
contribution to the political committee supporting Bondi.12 Common Cause of Florida,
elected officials, the editorial boards of leading Florida newspapers, and Larrabee have
requested Scott to appoint an independent investigator. Because Bondi is the highest law
enforcement officer in Florida, and both she and Trump enjoy the protection of Scott, no
investigation has yet occurred. Bondi is a campaign surrogate for Trump.13 Scott has
recently endorsed and campaigned on behalf of Trump. The Tampa Bay Times reported
that Trump has contributed at least $100,000 to Scotts political committee.

30.

It is necessary and appropriate for the State Attorney for the 13th Judicial Circuit to
initiate a criminal investigation, to convene a grand jury and to bring criminal charges
against Trump and Bondi.
WHEREFORE, the complainant demands:
A.
B.
C.
D.
E.

a full, fair and impartial investigation;

presentation of the relevant evidence to a statewide grand jury:
an indictment against Trump based on the giving of a bribe valued at $25,000 to a
public servant, in violation of Florida Statute 838.015(1) and (2);
an indictment against Bondi based on the receiving of a bribe valued at $25,000
by a public servant, in violation of Florida Statute 838.015(1) and (2);
such other relief as is just, lawful, equitable or proper.
Respectfully submitted,

J. Whitfield Larrabee
Law Office of J. Whitfield Larrabee
251 Harvard Street, Suite 9
Brookline, MA 02446
jwlarrabee@verizon.net
(617) 566-3670
BBO # 553499

12

Welsch,Catherine, Gov. Rick Scott: Calls To Investigate Bondi Are Partisan Politics,
90.7 WFME Local News, June 10, 2016,
https://www.wmfe.org/gov-rick-scott-calls-to-investigate-bondi-are-partisan-politics/60780
13

Acosta, Jim, Trump Orders Surrogates To Keep Criticizing Judge, Sources Say, CNN,
http://edition.cnn.com/2016/06/06/politics/donald-trump-gonzalo-curiel-trump-university/
8

CERTIFICATE OF SERVICE AND FILING

I, J. Whitfield Larrabee, hereby certify that on August 1, 2016, I filed this complaint with
State Attorney Mark Ober by faxing it to (813) 274-1976, and further by mailing an original to
Mark A. Ober, State Attorney, Thirteenth Judicial Circuit, 419 N. Pierce Street, Tampa, Florida
33602.

J. Whitfield Larrabee

EXHIBIT 1