► 2011 criminal complaint v. Texas Rep. Richard Hardcastle re: violations of Ethics Laws Print E-mail
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2011 criminal complaint v. Texas Rep. Richard Hardcastle re: violations of Ethics Laws

 

 Below is a verbatim copy of a criminal complaint filed with the Travis County District Attorney’s Office regarding serial violations of Texas Ethics Laws by Rep. Richard Hardcastle of Vernon.
 
Dave Palmer
The Watchdawg
Folsom, CA
 
November 13, 2011
 
Gregg Cox
Travis County District Attorneys Office
Public Integrity Unit
Austin, Texas 
 
Re: Criminal violations of Ethics Laws by 68th Rep. Richard Hardcastle
 
Dear Mr. Cox:
 
First and foremost, I would apologize for intruding on your time regarding this complaint; however, I believe it is important that any and all scofflaws must be made to comply with the law regardless of their standing. Moreover, there are many more legislators who believe reporting laws do not apply to them. As time permits I will provide you with additional facts regarding said miscreants.
 
As you know, Texas law does not allow me to file complaints with the Texas Ethics Commission because I’m not a resident of Texas. Despite this specious prohibition I have this date provided David A. Reisman, executive director of the TEC with a copy of this complaint and asked him to take remedial action.
 
Rep. Hardcastle has violated numerous ethics laws, which are more fully set forth under separate headings below.
 
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. Hardcastle violated this law converting nearly $400 to personal use to pay for dry cleaning/cleaning during legislative sessions in Austin. (See Textbox 1 at end of complaint)
 
It would be frivolous for Hardcastle to assert he was unaware of the prohibition against using campaign funds for dry cleaning/laundry/cleaning expenses given the fact that the following legislators were found guilty of the same thing by the TEC based on complaints I filed in the past. (See TEC website under “Sworn Complaint Orders”)
  1. Turner, Sylvester – 139th Rep – SC-280288 – 06/24/08
  2. Bonnen, Dennis – 25th Rep. – SC-280273 – 07/07/08
  3. Frost, Stephen – 1st Rep. – SC-280277 – 07/10/08
  4. Jackson, Mike – 11th Sen. – SC-280280 – 07/02/08
  5. King, Phillip – 61st Rep. – SC-280282 – 01.04/10
In addition, TEC findings and fines were reported in the media by the Houston Chronicle, Texas Tribune, and the Galveston County Daily News, et al. It would be laughable for Hardcastle to claim he was totally ignorant of the TEC findings against five (5) of his fellow legislators and the media coverage that followed.
 
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. In regards to the following lease agreements, Hardcastle checked the box “Not Applicable” for every year from 2003 t o 20010.
 
Auto Leases
 
Hardcastle’s sworn statement of “Not Applicable” as lease claims in regards to “Ford Credit” from 2003 through 2009 is patently false and known by him to be false. In fact, on June 10, 2008 the TEC found Hardcastle guilty of several ethics law violations (See SC-27022 – 06/23/08) The TEC’s findings at paragraphs 7 and 8 state:
 
The respondent disclosed a total of approximately $17,260 in expenditures to “Ford Credit” as lease payments for a vehicle.
The respondent entered into an agreement with a local dealership on or about November 2003 to lease a vehicle for three years while making monthly payments to the lending institution.
 
Despite his admissions to the TEC, Hardcastle stated under oath in his annual financial statements from 2003 to 2009 that he was not liable for any lease agreement with “Ford Credit.” Hardcastle did exactly the same thing regarding vehicle lease agreements with “Herring National Bank” and Wolfe Auto Group.” (See Textbox 2 at end of complaint)
 
Austin Condo/Apartment Lease
 
From 2005 through 2010 Hardcastle’s campaign made at lease 55 monthly payments to lease/rent an apartment/Condo at the State House on Congress Apartments. (See Textbox 3 at end of complaint) Again, Hardcastle stated “Not Applicable” on his Annual Financial Statements as to this lease/rent liability.
 
Austin Condo/Apartment Appliance/Furniture Lease/Rent
 
Hardcastle also failed to claim lease/rent liability for rental fees for appliances and furniture from Appliance Warehouse, Azuma and Cort Furniture Rental. (See textbox 4 at end of complaint) Again, Hardcastle stated “Not Applicable” as to these lease/rent liabilities.
 
If you are need of any additional information please feel free to drop me a line.
 
Sincerely,
 
Dave Palmer
Textbox 1 – 2011 Dry Cleaning/Cleaning
Comet Cleaners,
$ 26.20
5/03/2011
Cleaning
Austin
Comet Cleaners,
$ 9.09
3/07/2011
Cleaning
Austin
Comet Cleaners,
$ 20.99
3/15/2011
Cleaning
Austin
Comet Cleaners,
$ 12.56
3/21/2011
Cleaning
Austin
Comet Cleaners,
$ 14.56
5/12/2011
Cleaning
Austin
Comet Cleaners,
$ 13.64
2/02/2011
Cleaning
Austin
Comet Cleaners,
$ 35.18
4/11/2011
Dry Cleaning
Austin
Comet Cleaners,
$ 9.09
4/21/2011
Dry Cleaning
Austin
Comet Cleaners,
$ 11.37
1/29/2011
Cleaning
Austin
Comet Cleaners,
$ 10.28
2/11/2011
Cleaning
Austin
Comet Cleaners,
$ 17.10
3/01/2011
Cleaning
Austin
Comet Cleaners,
$ 21.38
2/17/2011
Cleaning
Austin
Comet Cleaners,
$ 22.57
3/11/2011
Cleaning
Austin
Comet Cleaners,
$ 14.83
5/06/2011
Cleaning
Austin
Comet Cleaners,
$ 15.92
1/21/2011
Cleaning
Austin
Comet Cleaners,
$ 6.82
5/10/2011
Cleaning
Austin
Comet Cleaners,
$ 21.38
2/24/2011
Cleaning
Austin
Comet Cleaners,
$ 24.90
4/04/2011
Dry Cleaning
Austin
Comet Cleaners,
$ 6.82
2/08/2011
Cleaning
Austin
Comet Cleaners,
$ 14.83
4/14/2011
Dry Cleaning
Austin
Comet Cleaners,
$ 4.55
5/17/2011
Cleaning
Austin
Comet Cleaners,
$ 6.82
3/31/2011
Cleaning
Austin
Jack Brown Cleaners,
$ 33.99
2/04/2011
Cleaning
Austin
Jack Brown Cleaners,
$ 24.57
2/15/2011
Cleaning
Austin
 
 
 
 
$399.44
Textbox 2 - Auto Leases
2010 – Auto Lease = $7,800
Herring National Bank,
$650.00 x 12
1/16/2010
Truck Lease
2009 – Auto Lease = $8,194.16
Ford Credit,
$467.80 x 4
4/12/2009
Vehicle Lease
Herring National Bank,
903.28 x 7
12/19/2009
Truck Lease
2008 – Auto Lease = $4,678.00
Ford Credit,
$467.80 x 10
11/06/2008
Vehicle Lease
2007 – Auto Lease = $4,678.00
Ford Credit,
$ 467.80 x 8
9/24/2007
6 Months Lease Vehicle
Wolfe Auto Group,
$ 467.80 x 2
6/05/2007
Vehicle Lease
2006 – Auto Lease = $3,109.30
Ford Credit,
$989.28
2/27/2006
Vehicle Lease
Ford Credit,
$2,120.02
1/15/2006
Vehicle Lease
2005 – Auto Lease $14,150.41
Ford Credit,
$989.28 x 6
4/13/2005
Vehicle Lease
Ford Credit,
$6,094.71
8/01/2005
Vehicle Lease (six Months)
Ford Credit,
$ 2,120.02
12/23/2005
Vehicle Lease
2004 – Auto Lease = $11,645.81
Ford Credit,
$ 1,058.71 x 11
5/25/2004
Vehicle Lease
2003 – Auto Lease = $11,645.81
Ford Credit,
$ 1,058.71 x 2
11/24/2003
Vehicle Lease
 

 

Textbox 3
2010 – Austin Condo Lease/Rent = $13,387
State House
$1,217.00 x 11
9/21/2010
Austin Apartment
2009 – Austin Condo Lease/Rent = $14,484
State House,
$1,207 x 12
8/20/2009
Rent
2008 – Austin Condo Lease/Rent = $14,937
State House,
$1,149.00 x 13
2/24/2008
Apartment Rental
2007 – Austin Condo Lease/Rent = $13,764
State House,
$1,147.00 x 12
2/26/2007
Apt Rental During Session
2005 – Austin Condo Lease/Rent = $6,659.97
State House,
$ 5,814.00
2/10/2005
Apt Rent During Session
State House,
$ 845.97
1/09/2005
Apt Rental Reimb Nancy
 
Textbox 4
2009 – Austin Condo Lease/Rent – Not Applicable
Azuma
$33.04 x 6
2/02/2009
Rental Fee Washer/Dryer Austin Apt.
2008 – Austin Condo Lease/Rent – Not Applicable
Cort Furniture Rental,
$234.36 x 11
2/13/2008
Austin Apt. Rent Furniture
2007 – Austin Condo Lease/Rent – Not Applicable
Cort Furniture Rental,
$234.36 x 10
8/28/2007
Austin Apt. Rent Furniture
2005 – Austin Condo Lease/Rent – Not Applicable
Appliance Warehouse,
$ 194.52
1/23/2005
Rental Of Appliances
Appliance Warehouse,
$ 63.76
1/06/2005
Rental Of Appliances
Cort Furniture Rental,
$ 162.81 x 6
1/27/2005
Austin Apt. Rent Furniture

 
 

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