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2011 Criminal complaint filed v. Texas State Sen. Troy Fraser

 
October 24, 2011
 
Dave Palmer
The Watchdawg
Folsom, CA 95630
 
Chris Walling
Criminal Investigator
Travis County District Attorneys Office
Public Integrity Unit
Austin, Texas
 
Re: Criminal violations of Ethics Laws by Sen. Troy Fraser
 
Dear Mr. Walling:
 
Senator Troy Fraser has violated numerous ethics laws, which are more fully set forth under separate headings below. As I suspect you know, Sen. Ken Legler's legislation to prohibit non-residents of Texas from filing complaints with the Ethics Commission was singed into law by Gov. Perry and made effective Sept 1, 2011. Legler's self-serving inspiration for this laughable legislatition was specifically aimed at me since I had previously filed a complaint against him and many other legislators. Therefore, I am unable to file a complaint v. Fraser with the TEC. Despite this prohibition, I will be sending a hard copy of this complaint to David Reisman, Executive Director of the Texas Ethics Commission asking him to take action appropriate against Fraser.
 
Conversion of Campaign Funds for Personal Use – Sec. 253.035(a) Election Code
 
Texas law makes it illegal to use campaign funds for personal use. Fraser violated this law by using campaign funds for the following personal purchases totaling $7,820.85.
 
Texas Clothier,
$ 4,168.49
1/08/2011
Suits For Legislative Session
The Texas Clothier,
$ 3,652.36
3/26/2007
Session Expense
 
In 2008, I filed a complaint with the Texas Ethics Commission v. Judge Mario Ramirez of Edinburg for doing the same thing. Facts relating to said filing can be found at http://tinyurl.com/m8t5rw. On Aug 28, 2009, the Commission found Judge Ramirez guilty of illegally converting campaign funds for personal use. See page 7 of ruling at www.ethics.state.tx.us/sworncomp/2008/280289.pdf.
 
As I suspect you know, Texas Clothier in Austin is an upscale clothing store for men; however to my knowledge it does not offer “legislative suits” on its website or at its store.
 
Failure to disclose Lease obligations on Personal Financial Statements
 
Part 6 of the annual Personal Financial Statements filed with the Ethics Commission under oath require disclosure of a filer’s liability as a guarantor of any lease agreement.
 
2010 Personal Financial Statement
 
In his 2010 Financial Statement under Part 6, Fraser lists “The Monarch” (Austin Apartment Lease) and “Toyota Financial” (Lexus Lease). Monarch lease costs for 2010 was listed at $22,790.79 on Fraser’s campaign reports (See Text Box 1 below), however he lists the liability as $1,000-$4,999 which cannot be accurate since monthly lease was $1,899 as seen in Text Box  below. Fraser also lists 11 monthly payments at $912.40  to Toyota Fiancial Services for leasing a Lexus (See Text Box 2 Below.)
 
Fraser’s Prior Personal Financial Statement (ca. 2001 - 2009)
 
For the years 2001 through 2009 Fraser’s Financial Statements, all submitted under oath failed to disclose his lease liability for The Monarch and State House Congress Apartments and for a Lexus and BMW. In fact, at Part 6 of those statements, Fraser placed a “check” in the box stating “Not Applicable,” which was clearly false as shown below.
 
2009 Personal Financial Statement
Toyota Financial Services = $10,145 – See Textbox 3
The Monarch = $26,139.65 – See Textbox 4
 
2008 Personal Financial Statement
Toyota Financial Services = $10,900 – See Textbox 5
The Monarch = $22,146 – See Textbox 6
 
2007 Personal Financial Statement
Toyota Financial Services = $10,845 – See Textbox 7
The Monarch = $9,750 – See Textbox 8
 
2006 Personal Financial Statement
BMW Financial Services = $15,004.02 – See Textbox 9
The Monarch = $20,009 – See Textbox 10
 
2005 Personal Financial Statement
BMW Financial Services = $10,800 – See Textbox 11
The Monarch = $14,563 – See Textbox 12
 
2004 Personal Financial Statement
BMW Financial Services = $15,828.23 – See Textbox 13
 
2003 Personal Financial Statement
BMW Financial Services = $6,005.78 – See Textbox 14
 
2002 Personal Financial Statement
BMW Financial Services = $6,005.78 – See Textbox 15
 
2001 Personal Financial Statement
BMW Financial Services = $6,559.80 – See Textbox 16
 
It would appear that after Rep. Kino Flores was found guilty of multiple counts of omitting required information (perjury) on his financial disclosure forms that, Fraser decided it was time to stop filing false reports.
 
Flores’ conviction caused DA Rosemary Lehmberg to say, “This verdict represents the public saying to public officials, accurate and full public disclosure is an important part of public service. The public will not accept excuses like ‘I was too busy’ or ‘I just didn’t know.’” (Austin American-Statesman, 10/27/10)
 
Juror Lyra Bemis said she hopes the conviction of Flores puts legislators on notice that financial disclosure is mandatory. “This is as important as filing their own personal tax returns. And I think a lot of these legislators don’t think it’s important. And that sends a message to me that I’m not important or that I don’t need to know this information. That report is required by law.” (Austin American-Statesman, 10/27/10)
 
Juror Miranda Peck said Flores’ lawyers “sort of trivialized the report.” I think that he had a responsibility to fill it out correctly and get everything out in the open. To make such the same mistakes so mistakes so many years in a row doesn’t seem unintentional.” (Austin American-Statesman, 10/27/10)
 
Textboxes 3 through 16 below at the end of this letter disclose the actual campaign funds used by Fraser from 2001 through 2009 for leases he was personally liable for regarding The Monarch  and State House Apartments and a Lexus and a BMW. All of this information was obtaioned from entries contained in Frazier's campaign expenditure filings.
 
It would clearly be frivolous to the nth degree for Fraser to assert that ten (10) consecutive years of filing false financial statements regarding his lease liability for luxury cars and apartments in Austin was unintentional or just an honest mistake. Any such claim by Fraser wouldn’t pass the involuntary laugh test.
 
If there is any additional information that you require please do not hesitate to contact me.
 
Sincerely,
 
Dave Palmer

 

Textbox 1 – 2010 Austin Apartment Lease/Rent =
The Monarch Apartments,
$ 1,645.44
4/06/2010
Officeholder Austin Apt
The Monarch Apartments,
$ 4,269.90
11/01/2010
Officeholder Austin Apt
The Monarch Apartments,
$ 11,804.85
7/02/2010
Officeholder Austin Apt
The Monarch Apartments,
$ 5,069.90
4/30/2010
Officeholder Austin Apt
 
Textbox 2 – 2010 Lexus Lease
Toyota Financial Services,
$ 912.40
7/20/2010
Lease
Toyota Financial Services,
$ 912.40
1/20/2010
Lease
Toyota Financial Services,
$ 912.40
12/21/2010
Lease
Toyota Financial Services,
$ 912.40
3/22/2010
Lease
Toyota Financial Services,
$ 912.40
6/21/2010
Lease
Toyota Financial Services,
$ 912.40
8/20/2010
Lease
Toyota Financial Services,
$ 912.40
10/20/2010
Lease
Toyota Financial Services,
$ 912.40
2/22/2010
Lease
Toyota Financial Services,
$ 912.40
9/21/2010
Lease
Toyota Financial Services,
$ 912.40
4/20/2010
Lease
Toyota Financial Services,
$ 912.40
5/20/2010
Lease

 

 
Textbox 3 – 2009 Lexus Lease
Toyota / Lexus Of Austin,
$ 618.65
2/11/2009
Travel Expense
Toyota / Lexus Of Austin,
$ 1,763.24
6/03/2009
Travel Expense
Toyota / Lexus Of Austin,
$ 347.05
11/19/2009
Travel Expense
Toyota Financial Services,
$ 900.00
7/02/2009
Travel Expense
Toyota Financial Services,
$ 900.00
5/11/2009
Travel Expense
Toyota Financial Services,
$ 900.00
3/05/2009
Travel Expense
Toyota Financial Services,
$ 900.00
4/02/2009
Travel Expense
Toyota Financial Services,
$ 1,100.45
12/21/2009
Travel Expense
Toyota Financial Services,
$ 900.00
6/09/2009
Travel Expense
Toyota Financial Services,
$ 2,700.00
9/01/2009
Travel Expense
Toyota Financial Services,
$ 900.00
1/11/2009
Travel Expense
Toyota Financial Services,
$ 900.00
8/11/2009
Travel Expense
 
Textbox 4 – 2009 Austin Apartment Lease/Rent
The Monarch Apartments,
$ 11,804.85
7/31/2009
Austin Apt Rent - 6 Months
The Monarch Apartments,
$ 14,334.80
1/26/2009
Austin Apt Rent - Session

 

Textbox 5 – 2008 Lexus Lease
Toyota / Lexus Of Austin,
$ 199.95
9/09/2008
Travel Expense
Toyota / Lexus Of Austin,
$ 199.95
3/25/2008
Travel Expense
Toyota Financial Services,
$ 900.00
11/05/2008
Travel Expense
Toyota Financial Services,
$ 900.00
8/06/2008
Travel Expense
Toyota Financial Services,
$ 900.00
1/06/2008
Travel Expense
Toyota Financial Services,
$ 900.00
3/12/2008
Travel Expense
Toyota Financial Services,
$ 900.00
12/06/2008
Travel Expense
Toyota Financial Services,
$ 900.00
10/07/2008
Travel Expense
Toyota Financial Services,
$ 900.00
2/05/2008
Travel Expense
Toyota Financial Services,
$ 900.00
6/13/2008
Travel Expense
Toyota Financial Services,
$ 1,000.00
9/07/2008
Travel Expense
Toyota Financial Services,
$ 900.00
7/07/2008
Travel Expense
Toyota Financial Services,
$ 900.00
4/03/2008
Travel Expense
Toyota Financial Services,
$ 900.00
4/14/2008
Travel Expense
 
Textbox 6 – 2008 Austin Apartment Lease/Rent
State House Apartments,
$ 10,050.00
1/04/2008
Austin Lease - 6 Months
State House Apartments,
$ 5,184.00
10/30/2008
Apartment Rent - 3 Months
Statehouse On Congress,
$ 6,912.00
7/01/2008
Rent - July - October 2008
 
Textbox 7 – 2007 Lexus Lease
Toyota / Lexus Of Austin,
$ 1,089.02
12/06/2007
Travel Expense
Toyota Financial Services,
$ 900.00
1/18/2007
Travel Expense
Toyota Financial Services,
$ 900.00
7/08/2007
Travel Expense
Toyota Financial Services,
$ 900.00
12/03/2007
Travel Expense
Toyota Financial Services,
$ 900.00
11/02/2007
Travel Expense
Toyota Financial Services,
$ 945.00
2/13/2007
Travel Expense
Toyota Financial Services,
$ 900.00
5/07/2007
Travel Expense
Toyota Financial Services,
$ 900.00
9/24/2007
Travel Expense
Toyota Financial Services,
$ 900.00
10/02/2007
Travel Expense
Toyota Financial Services,
$ 900.00
6/03/2007
Travel Expense
Toyota Financial Services,
$ 900.00
8/06/2007
Travel Expense
Toyota Financial Services,
$ 900.00
4/08/2007
Travel Expense
Toyota Financial Services,
$ 900.00
3/14/2007
Travel Expense
Toyota Financial Services,
$ 359.64
4/02/2007
Travel Expense
 
Textbox 8 – 2007 Austin Apartment Lease/Rent
The Statehouse On Congress,
$ 9,750.00
1/01/2007
Apartment Lease - Six Months
 
 
Textbox 9 – 2006 BMW Lease
Bmw Financial Services,
$ 966.91
8/10/2006
Travel Expense
Bmw Financial Services,
$ 900.00
10/18/2006
Travel Expense
Bmw Financial Services,
$ 177.16
1/18/2006
Travel Expense
Bmw Financial Services,
$ 2,927.25
12/28/2006
Travel Expense
Bmw Financial Services,
$ 900.00
2/23/2006
Travel Expense
Bmw Financial Services,
$ 900.00
4/14/2006
Travel Expense
Bmw Financial Services,
$ 1,800.00
7/13/2006
Travel Expense
Bmw Financial Services,
$ 900.00
9/18/2006
Travel Expense
Bmw Financial Services,
$ 900.00
11/10/2006
Travel Expense
Bmw Financial Services,
$ 900.00
1/23/2006
Travel Expense
Bmw Financial Services,
$ 900.00
3/24/2006
Travel Expense
Bmw Financial Services,
$ 900.00
5/12/2006
Travel Expense
Bmw Of Austin,
$ 319.34
7/25/2006
Travel Expense
Toyota Financial Services,
$ 900.00
12/15/2006
Travel Expense
 
Textbox 10 – 2006 Austin Apartment Lease/Rent
Statehouse On Congress,
$ 9,759.00
2/02/2006
Apartment Rent
Statehouse On Congress,
$ 1,625.00
1/04/2006
Apartment Rent
Statehouse On Congress,
$ 500.00
5/16/2006
Apartment Rent
The Statehouse On Congress,
$ 8,125.00
8/10/2006
Apartment Rent

 

Textbox 11 – 2005 BMW Lease
Bmw Financial Services,
$ 900.00
12/19/2005
Travel Expense
Bmw Financial Services,
$ 900.00
7/16/2005
Travel Expense
Bmw Financial Services,
$ 900.00
5/13/2005
Travel Expense
Bmw Financial Services,
$ 900.00
4/11/2005
Travel Expense
Bmw Financial Services,
$ 900.00
6/17/2005
Travel Expense
Bmw Financial Services,
$ 900.00
10/18/2005
Travel Expense
Bmw Financial Services,
$ 1,537.26
6/21/2005
Travel Expense
Bmw Financial Services,
$ 900.00
3/16/2005
Travel Expense
Bmw Financial Services,
$ 900.00
1/14/2005
Travel Expense
Bmw Financial Services,
$ 900.00
2/22/2005
Travel Expense
Bmw Financial Services,
$ 900.00
9/14/2005
Travel Expense
Bmw Financial Services,
$ 900.00
11/14/2005
Travel Expense
Bmw Financial Services,
$ 900.00
8/17/2005
Travel Expense
 
Textbox 12 – 2005 Austin Apartment Lease/Rent
Statehouse On Congress,
$ 4,890.00
2/02/2005
Apartment Rent
Statehouse On Congress,
$ 978.00
1/05/2005
Apartment Rent
Statehouse On Congress,
$ 2,125.00
8/01/2005
Apartment Rent
Statehouse On Congress,
$ 6,570.00
9/13/2005
Apartment Rent
 
Textbox 13 – 2004 BMW Lease
Bmw Financial Service,
$ 900.00
1/22/2004
Travel Expense
Bmw Financial Services,
$ 900.00
7/21/2004
Travel Expense
Bmw Financial Services,
$ 900.00
9/14/2004
Travel Expense
Bmw Financial Services,
$ 900.00
3/08/2004
Travel Expense
Bmw Financial Services,
$ 900.00
11/15/2004
Travel Expense
Bmw Financial Services,
$ 900.00
4/12/2004
Travel Expense
Bmw Financial Services,
$ 900.00
8/17/2004
Travel Expense
Bmw Financial Services,
$ 900.00
10/21/2004
Travel Expense
Bmw Financial Services,
$ 900.00
6/21/2004
Travel Expense
Bmw Financial Services,
$ 900.00
12/14/2004
Travel Expense
Bmw Financial Services,
$ 900.00
5/17/2004
Travel Expense
Bmw Financial Services,
$ 5,928.23
2/17/2004
Travel Expense
 
Textbox 14 – 2003 BMW Lease
Bmw Center,
$ 977.50
2/24/2003
Travel Expense
Bmw Financial Service,
$ 1,512.66
12/16/2003
Travel Expense
Bmw Financial Service,
$ 545.98
3/10/2003
Travel Expense
Bmw Financial Service,
$ 545.98
5/12/2003
Travel Expense
Bmw Financial Service,
$ 1,212.34
8/05/2003
Travel Expense
Bmw Financial Service,
$ 545.98
1/15/2003
Travel Expense
Bmw Financial Service,
$ 545.98
8/11/2003
Travel Expense
Bmw Financial Service,
$ 545.98
10/16/2003
Travel Expense
Bmw Financial Service,
$ 545.98
4/24/2003
Travel Expense
Bmw Financial Service,
$ 545.98
9/15/2003
Travel Expense
Bmw Financial Service,
$ 545.98
7/11/2003
Travel Expense
Bmw Financial Service,
$ 545.98
2/12/2003
Travel Expense
Bmw Financial Service,
$ 545.98
11/17/2003
Travel Expense
Bmw Financial Service,
$ 550.00
6/18/2003
Travel Expense
 
Textbox 15 – 2002 BMW Lease
Bmw Financial,
$ 545.98
5/13/2002
Auto Expense
Bmw Financial,
$ 545.98
1/17/2002
Auto Expense
Bmw Financial,
$ 545.98
2/13/2002
Auto Expense
Bmw Financial,
$ 545.98
6/10/2002
Auto Expense
Bmw Financial,
$ 1,091.96
3/14/2002
Auto Expense
Bmw Financial Service,
$ 545.98
12/09/2002
Auto Expense
Bmw Financial Service,
$ 545.98
8/20/2002
Auto Expense
Bmw Financial Service,
$ 545.98
10/10/2002
Auto Expense
Bmw Financial Service,
$ 545.98
7/11/2002
Auto Expense
Bmw Financial Service,
$ 545.98
11/12/2002
Auto Expense
 
Textbox 16 – 2001 BMW Lease
Bmw Financial,
$ 545.98
10/24/2001
Auto Expense
Bmw Financial,
$ 545.98
1/12/2001
Car Lease
Bmw Financial,
$ 545.98
9/20/2001
Auto Expense
Bmw Financial,
$ 500.00
5/13/2001
Car Lease
Bmw Financial,
$ 545.98
3/03/2001
Car Lease
Bmw Financial,
$ 543.98
8/10/2001
Auto Expense
Bmw Financial,
$ 545.98
11/16/2001
Auto Expense
Bmw Financial,
$ 545.98
7/11/2001
Auto Expense
Bmw Financial,
$ 545.98
12/27/2001
Auto Expense
Bmw Financial,
$ 600.00
6/10/2001
Car Lease
Bmw Financial,
$ 545.98
2/11/2001
Car Lease
Bmw Financial,
$ 545.98
4/10/2001
Car Lease

 

 
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