oi g 13009 final margate

8/13/2019 Oi g 13009 Final Margate

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BROW RDOFFICEOFTHE INSPECTORGE R L

MEMOR NDUM

To : Jerry A. B lo ugh, C ity Manage rC ity ofM argate

F rom : J o hn W. Scott , In s pec to r G enera l D at e : Janua ry22, 2014

S ubj ect: OIGFin alR eportRe M isconduc t by a C ity ofMargate Comm is sioneram H isCampaign Treasurer n the Handling ofCampaignFundsRef. 0G 13-009

Attachedp lease find th e final re port of th e B row ard O ffic e of the Inspector G enera l (O IG )re garding e above-ca pti o ned m atte r. The O IG in vest iga ti o n found that fo rm er C i ty ofM argateVice Mayor a nd Commi ss ioner D avid M cL ean perm it tedhi scam paign tr easure r, Mi chae lN ata le , to im prope rl y re ceive $ 905 .82 in s urpluscam paign fu nds after the2012 e lecti on . W ealso id entifie d add itio na l vio la t ions ofFlo rid acampa ign fi nance law byC om m iss ione r M cL eanand M r. Nata l e. T hese v io lat io ns include fa ilin g to t im e ly comply w it h re po rt ing requi re m en ts;filin g Campaig nT reasurer s Reports (CTRs) th at con ta in ed fal se, inco rre ct, and incomp leteinfo rmat ion; m ak ingandaccepti nga $400 cas hcontri butio n to the cam paign in th e nam e of M r.Na ta le s s iste r, wi ou t her know ledg e and pe rm i ss io n ; wri t in gc am paign account checks on atleast th ree occas ionsw he n th ere w ere in su ff ic ie n t fu nds to cover th em; and m ak ing unrecord edcash pay ments forva rious campaignexpe nse s.W e a ls o determ ined th at despit e th efa ct th at F lo rid a law re quired him to re tainaccounts for fouryears a fte r C om m issio ner M cL ean s electio n in November 20 12 Mr. Nata le adm it tedt ha t he did no t c urren tl y have ny campa ign finance-related docum ents.T he O IG has referred th is m at terto th e Flo rid a D epar tment ofElectio n sand t he Broward StateA ttorney s Office fo r th e ir in dependenta ssessm en t of the ap pli cation of Floridac am paign fin a nce sta tutes and crim in a ls ta tu tes .At t achm en tcc: Ho no rab le Lesa Peerm a n , M ayo r, C ityof M argate

an d M em bers ,C ityof M arg ate C ity Com m i ssio n

JohnW Sco tt , Insp ec tor enera lOne No rth Uni ve rs ity Drive, Suite Ill Plantation ,Florida33324 954) 357-7873 Fax 95 4) 3 57-78 57

IIW>v.browardig.org 954) 357-TI PS
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BROWRDOFFICE OFTHE INSPECTOR GENERAL

FINALREPORT

O IG 13-009January 22 2014

MISCONDUCTBY A CITYOF MARGATE COMMISSIONERAND HIS CAMPAIGNTREASURER IN THE HANDLINGOF CAMPAIGNFUNDS


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BROWARD OFFICE OF THE INSPECTOR GENERAL

FINAL REPORT RE: MI SCONDUCT BY A CI TY OF MARGATE COMMISSIONERAND HI SCAMPAIGN TREASURER IN THE HANDLING OF CAMPAIGN FUNDS

SUMMARY

In May 2013, the Broward Office of the Inspector General (OIG) began an investigation intoallegations that David McLean, Vice Mayor and Commissioner of the City of Margate, Florida(City), failed to dispose of the funds in the bank account for his November 2012 campaign inaccordance with Florida law.

The OIG investigation substantiated the allegations. We determined that Commissioner McLeanpermitted his campaign treasurer, Michael Natale, to improperly receive campaign funds after the2012 election. We also identified additional violations of Florida campaign finance law byCommissioner McLean and Mr. Natale. These violations include failing to timely comply withreporting requirements; filing Campaign Treasurers Reports (CTRs) that contained false,incorrect, and incomplete information; making and accepting a $400 cash contribution to thecampaign in the name of Mr. Natales sister, without her knowledge and permission; writingcampaign account checks on at least three occasions when there were insufficient funds to coverthem; and making unrecorded cash payments for various campaign expenses.

With regard to Mr. Natales personal receipt of money, the investigation determined that he

withdrew $905.82 in surplus campaign funds. Mr. Natale claimed to OIG Special Agents thatduring 2012, he personally made four loans to the campaign totaling $1,010, and took the funds asrepayment. However, Mr. Natale and Commissioner McLean were unable to produce anydocuments evidencing the existence of the loans, or otherwise corroborate Mr. Natales version ofevents. In addition, Mr. Natale admitted that he failed to report the loans on amended CTRs untilApril 2013, well after he had already withdrawn the funds.1 Even if Mr. Natale had, in fact, madethe loans, he would have been lawfully entitled to the return of just $500, the maximum allowablecontribution, as loans are included in the definition of contributions.

We also determined that the failure by Commissioner McLean and Mr. Natale to generate andmaintain required records was a hallmark of their handling of campaign funds. Indeed, despite the

fact that Florida law required him to retain accounts for four years after Commissioner McLeanselection in November 2012, Mr. Natale admitted that he did not currently have any campaignfinance-related documents: no CTR copy or draft, bank statement, receipt for campaign expenses,note or working paper, copy of a contribution check, invoice, or even the check register for thetreasury that was in his trust.

1 Commissioner McLean learned in February 2013 that the FBI was investigating him on unrelated charges.

OIG 13-009January 22, 2014

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BROWARD OFFICE OF THE INSPECTOR GENERALFINAL REPORT RE: MISCONDUCT BY A CITY OF MARGATE COMMISSIONERAND HI SCAMPAIGN TREASURER IN THE HANDLING OF CAMPAIGN FUNDS

The OIG investigation established probable cause to believe that Commissioner McLean and Mr.Natale engaged in numerous acts of campaign finance misconduct. By way of this report, the OIGrefers this matter to the Florida Department of Elections and the Broward State Attorneys Officefor their independent assessment of the application of Florida campaign finance statutes and

criminal statutes.

OIG CHARTER AUTHORITY

Section 12.01 of the Charter of Broward County empowers the Broward Office of the InspectorGeneral to investigate misconduct and gross mismanagement within the Charter Government ofBroward County and all of its municipalities. This authority extends to all elected and appointedofficials, employees and all providers of goods and services to the County and the municipalities. Onhis own initiative, or based on a signed complaint, the Inspector General shall commence aninvestigation upon a finding of good cause. As part of any investigation, the Inspector General shallhave the power to subpoena witnesses, administer oaths, require the production of documents and

records, and audit any program, contract, and the operations of any division of the County, itsmunicipalities and any providers.

The Broward Office of the Inspector General is also empowered to issue reports, includingrecommendations, and to require officials to provide reports regarding the implementation of thoserecommendations.

RELEVANT GOVERNING AUTHORITIES

F lor ida Campaign F inancing Statutes

Florida Statutes, Chapter 106, governs municipal campaign financing including, among othermatters, the appointment and duties of the campaign treasurer, the establishment of campaignaccounts, CTR reporting requirements, limitations on contributions, petty cash accounts, campaignloans, use of campaign funds, and disposition of surplus funds. Chapter 106 authorizes the FloridaDepartment of State, Division of Elections, to establish required filing forms and filing timelines,and to report to the Florida Elections Commission any failure to file a report or informationrequired or any apparent violation of Chapter 106.

Excerpts of relevant sections of Chapters 106 in effect in 2012 were as follows:

Florida Statute 106.011(3)(a) Definitions:

Contribution means:(a) A gift, subscription, conveyance, deposit, loan, payment, or distribution of money oranything of value, including contributions in kind having an attributable monetary value inany form, made for the purpose of influencing the results of an election or making anelectioneering communication.

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Florida Statute 106.021(1)(a) Campaign treasurers; deputies; primary and secondarydepositories:

Each candidate for nomination or election to office shall appoint a campaign treasurer.

Each person who seeks to qualify for nomination or election to, or retention in, office shallappoint a campaign treasurer and designate a primary campaign depository prior toqualifying for office....

Florida Statute 106.05 Deposit of contributions; statement of campaign treasurer:

All funds received by the campaign treasurer of any candidate or political committee shall,prior to the end of the 5thbusiness day following receipt thereof, Saturdays, Sundays, andlegal holidays excluded, be deposited in a campaign depository designated pursuant to s.106.021, in an account that contains the name of the candidate or committee. Except forcontributions to political committees made by payroll deduction, all deposits shall be

accompanied by a bank deposit slip containing the name of each contributor and the amountcontributed by each.

Florida Statute 106.06 Treasurer to keep records; inspections:

(1) The campaign treasurer of each candidate and the campaign treasurer of each politicalcommittee shall keep detailed accounts, current within not more than 2 days after the dateof receiving a contribution or making an expenditure, of all contributions received and allexpenditures made by or on behalf of the candidate or political committee that are requiredto be set forth in a statement filed under this chapter.

(3) Accounts kept by a campaign treasurer of a candidate shall be preserved by thecampaign treasurer for a number of years equal to the term of office of the office to whichthe candidate seeks election.

Florida Statute 106.07 - Reports; certification and filing:

(1) Each campaign treasurer designated by a candidate pursuant to s.106.021 shall fileregular reports of all contributions received, and all expenditures made, by or on behalf ofsuch candidate .

(2)(a)1. All reports required of a candidate by this section shall be filed with the officer

before whom the candidate is required by law to qualify.(4)(a) [E]ach report required by this section must contain: 3. Each loan for campaign purposes to or from any person within the reportingperiod, together with the full names, addresses, and occupations, and principal places ofbusiness, if any, of the lender and endorsers, if any, and the date and amount of such loans.

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5. The total sums of all loans, in-kind contributions, and other receipts by or for suchcommittee or candidate during the reporting period.

6. The full name and address of each person to whom expenditures have been made by

or on behalf of the committee or candidate within the reporting period; the amount, date,and purpose of each such expenditure; and the name and address of, and office sought by,each candidate on whose behalf such expenditure was made. However, expenditures madefrom the petty cash fund provided by s. 106.12 need not be reported individually.

7. The full name and address of each person to whom an expenditure for personal services,salary, or reimbursement for authorized expenses as provided in s. 106.021(3) has beenmade and which is not otherwise reported, including the amount, date, and purpose of suchexpenditure. However, expenditures made from the petty cash fund provided for in s.106.12 need not be reported individually. Receipts for reimbursement for the authorizedexpenditures shall be retained by the treasurer along with the records for the campaign

account.

8. The total amount withdrawn and the total amount spent for petty cash purposes pursuantto this chapter during the reporting period.

(5) The candidate and his or her campaign treasurer, in the case of a candidate, shallcertify as to the correctness of each report; and each person so certifying shall bear theresponsibility for the accuracy and veracity of each report. Any campaign treasurer, [or]candidate who willfully certifies the correctness of any report while knowing that suchreport is incorrect, false, or incomplete commits a misdemeanor of the first degree,punishable as provided in s.775.082 or s.775.083.

(8)(a) Any candidate failing to file a report on the designated due date is subject to afine as provided in paragraph (b) for each late day, and, in the case of a candidate, such fineshall be paid only from personal funds of the candidate

(b) Upon determining that a report is late, the filing officer shall immediately notify thecandidate as to the failure to file a report by the designated due date and that a fine isbeing assessed for each late day. The fine shall be $50 per day for the first 3 days late and,thereafter, $500 per day for each late day

Florida Statute 106.08 - Contributions; limitations on:

(1)(a) Except for political parties or affiliated party committees, no person may, in anyelection, make contributions in excess of $500 to any candidate for election to or retentionin office or to any political committee supporting or opposing one or more candidates.

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(5)(a) A person may not make any contribution through or in the name of another,directly or indirectly, in any election.

(7)(a) Any person who knowingly and willfully makes or accepts no more than one

contribution in violation of subsection (1) or subsection (5) commits a misdemeanor ofthe first degree, punishable as provided in s.775.082 or s.775.083.

(b) Any person who knowingly and willfully makes or accepts two or more contributionsin violation of subsection (1) or subsection (5) commits a felony of the third degree,punishable as provided in s.775.082,s.775.083,or s.775.084.

(8) Except when otherwise provided in subsection (7), any person who knowingly andwillfully violates any provision of this section shall, in addition to any other penaltyprescribed by this chapter, pay to the state a sum equal to twice the amount contributed inviolation of this chapter. Each campaign treasurer shall pay all amounts contributed in

violation of this section to the state for deposit in the General Revenue Fund.

Florida Statute 106.09 - Cash contributions and contribution by cashiers checks.

(1)(a) A person may not make an aggregate cash contribution or contribution by means ofa cashiers check to the same candidate or committee in excess of $50 per election.

(b) A person may not accept an aggregate cash contribution or contribution by means of acashiers check from the same contributor in excess of $50 per election.

(2)(a) Any person who makes or accepts a contribution in violation of subsection (1)

commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083.

Florida Statute 106.11- Expenses of and expenditures by candidates and political committees:

(1)(a) The campaign treasurer or deputy campaign treasurer of a candidate shall makeexpenditures from funds on deposit in the primary campaign depository only by means of abank check drawn upon the campaign account of the candidate .

(3) The campaign treasurer, deputy treasurer, or authorized user who signs the check shallbe responsible for the completeness and accuracy of the information on such check and for

insuring that such expenditure is an authorized expenditure.(4) No candidate, campaign manager, or any officer or agent thereof, or any personacting on behalf of any of the foregoing, shall authorize any expenses, nor shall anycampaign treasurer or deputy treasurer sign a check drawn on the primary campaignaccount for any purpose, unless there are sufficient funds on deposit in the primarydepository account of the candidate to pay the full amount of the authorized expense, to

OIG 13-009January 22, 2014

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honor all other checks drawn on such account, which checks are outstanding, and to meetall expenses previously authorized but not yet paid. Any expense incurred orauthorized in excess of such funds on deposit shall, in addition to other penalties providedby law, constitute a violation of this chapter. As used in this subsection, the term

sufficient funds on deposit in the primary depository account of the candidate or politicalcommittee means that the funds at issue have been delivered for deposit to the financialinstitution at which such account is maintained. The term shall not be construed to meanthat such funds are available for withdrawal in accordance with the deposit rules or thefunds availability policies of such financial institution.

Florida Statute 106.12- Petty cash funds allowed:

(1) Each campaign treasurer designated pursuant to so. 106.021(1) for a candidate orpolitical committee is authorized to withdraw from the primary campaign account, untilthe close of the last day for qualifying for office, the amount of $500 per calendar

quarter reporting period for the purpose of providing a petty cash fund for the candidateor political committee.

(2) [F]ollowing the close of the last day for qualifying and until the election at whichsuch candidate is elected to office, the campaign treasurer of each candidate isauthorized to withdraw the following amount each week from the primary depositorycampaign account for the purpose of providing a petty cash fund for the candidate:(a) For all candidates for nomination or election on a statewide basis, $500 per week.(b) For all other candidates and all political committees, $100 per week.

Florida Statute 106.141 - Disposition of surplus funds by candidates:

(1) Each candidate who is elected to office shall, within 90 days, dispose of the fundson deposit in his or her campaign account and file a report reflecting the disposition of allremaining funds (2) Any candidate required to dispose of funds pursuant to this sectionmay, before such disposition, be reimbursed by the campaign, in full or in part, for anyreported contributions by the candidate to the campaign.(4)(a) [A]ny candidate required to dispose of funds pursuant to this section, at theoption of the candidate, dispose of such funds by any of the following means, or anycombination thereof:

1. Return pro rata to each contributor the funds that have not been spent or obligated.2. Donate the funds that have not been spent or obligated to a charitable organizationor organizations that meet the qualifications of s. 501()(3) of the Internal Revenue

Code.3. Give not more than $25,000 of the funds that have not been spent or obligated to the

affiliated party committee or political party of which such candidate is a member.

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4. Give the funds that have not been spent or obligated: b. In the case of a candidate for an office of a political subdivision, to such politicalsubdivision, to be deposited in the general fund thereof.

(5) A candidate elected to office may, in addition to the disposition methods provided insubsection (4), transfer from the campaign account to an office account any amount of thefunds on deposit in such campaign account up to: . (d) Five thousand dollars multipliedby the number of years in the term of office for which elected, for a candidate in anyelection conducted on less than a countywide basis

(11) Any candidate who is required by the provisions of this section to dispose of funds inhis or her campaign account and who fails to dispose of the funds in the manner provided inthis section commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083

Florida Statute 106.19 - Violations by candidates, persons connected with campaigns, andpolitical committees:

(1) Any candidate; campaign manager, campaign treasurer, or deputy treasurer of anycandidate; or other person who knowingly and willfully:

(a) Accepts a contribution in excess of the limits prescribed by s.106.08;(b) Fails to report any contribution required to be reported by this chapter;(c) Falsely reports or deliberately fails to include any information required by thischapter; or(d) Makes or authorizes any expenditure in violation of s.106.11(4) or any other

expenditure prohibited by this chapter; is guilty of a misdemeanor of the first degree,punishable as provided in s.775.082 or s.775.083.

Florida Statute 106.25 - Reports of alleged violations to Florida Elections Commission;disposition of findings:

(1) Jurisdiction to investigate and determine violations of this chapter and chapter 104 isvested in the Florida Elections Commission; however, nothing in this section limits thejurisdiction of any other officers or agencies of government empowered by law toinvestigate, act upon, or dispose of alleged violations of this code.

(2) The commission shall investigate all violations of this chapter and chapter 104, butonly after having received either a sworn complaint or information reported to it under thissubsection by the Division of Elections. Such sworn complaint must be based uponpersonal information or information other than hearsay. Any person, other than thedivision, having information of any violation of this chapter or chapter 104 shall file asworn complaint with the commission.

OIG 13-009January 22, 2014

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INDIVIDUALS COVERED IN THIS REPORTDavid McLean

Commissioner Mr. McLean was first elected to the City commission in November 1984, during aspecial election to fill a vacant commission seat, and served through March 1985, the remainder ofthe term. In 2004, he was elected again and remained in office continually through April 5, 2013.2

Commissioner McLean was a candidate in five elections; 1984, 1985, 2004, 2008 and 2012.Commissioner McLean acted as his own campaign treasurer in 1984, 2004 and 2008, andappointed Mr. Natale as his campaign treasurer for the 2012 campaign.

Michael Natale

Mr. Natale is currently employed by Broward County Water and Wastewater Services. He was acity commissioner for the City of North Lauderdale from 1995 through 2003, and in 2004, he

unsuccessfully ran for state representative. In each of those elections, he acted as his owncampaign treasurer. In addition, he informed OIG staff that he has also worked on other politicalcampaigns. Mr. Natale was the campaign manager and campaign treasurer of record for the 2012McLean campaign.

INVESTIGATION

This investigation was predicated on information alleging that Commissioner McLean failed toproperly dispose of the funds on deposit in his campaign account within ninety days of theNovember 6, 2012, election (that is, on or by February 4, 2013). The OIG investigationsubstantiated the allegation. The OIG investigation also identified additional violations of Florida

campaign finance law by Commissioner McLean and Mr. Natale. Finally, we determined that Mr.Natale utterly failed to preserve even the most basic of campaign finance records.This investigation included the examination of substantial documentation by OIG Special Agentsincluding, but not limited to, Commissioner McLeans 2012 re-election CTRs and amended CTRsand other filings; City campaign-related materials and documentation; campaign bank accountrecords; and Floridas campaign financing statutes. The OIG staff, including OIG Special Agents,also conducted interviews of witnesses including Commissioner McLean and Mr. Natale.

2 On April 5, Commissioner McLean was suspended from office after he was named in a federal indictment for briberycharges unrelated to this matter. On September 24, 2013, a jury found him guilty on two counts. On December 5, 2013,the court granted Commissioner McLeans Renewed Motion for Judgment of Acquittal on those counts. On January 6,2013, the government filed a notice of appeal.

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Requi red Campaign F inance Reporting

The Florida Division of Elections has promulgated four types of CTRs: Quarterly Reports, PrimaryReports, General Election Reports, and Termination Reports.3 Each type of CTR has different filing

deadlines, set forth in the Instructions for CTRs and published by the City Clerk, the statutory filingofficial. Between July 12, 2012, and April 17, 2013, Commissioner McLean and Mr. Natale certifiedand filed 21 CTRs with the Clerkeight originals and thirteen amended reportsfor the eightreporting periods that occurred between April 1, 2012, and February 4, 2013. (One of the CTRs, filedJuly 12, 2012, is attached as a representative example as Exhibit 1.)

Comporting with F.S. 106.07(5), each CTR form contains a certification section citing FloridaStatutes 839.13, which states, It is a first degree misdemeanor for any person to falsify a publicrecord. The CTRs that Commissioner McLean and Mr. Natale submitted to the Clerk bore eachof their signatures below the certification sections, by which they acknowledged, I certify that Ihave examined this report and it is true, correct, and complete.

OIG Review of Campaign F inance Reports and Records Reveals Specif ic Misrepresentations

As part of the investigation, OIG staff reviewed and compared the CTRs with other materials,including the records of the campaign bank account. The OIG review revealed that 20 of the 21certified CTRs that Commissioner McLean and Mr. Natale submitted to the Clerk contained false,incorrect, and incomplete information. Specifically, in addition to the post-dated entry of loantransactions as detailed further below, the OIGs review uncovered substantial discrepancies,omissions and misstatements, including seven contributions totaling at least $745 that were notreflected in the CTRs. The errors, omissions, and falsehoods included arithmetic errors; missingtransactions; incorrect dates of transactions; and failing to identify the purpose of campaign

expenses. In addition, bank deposit slip copies failed to itemize details, including contributornames, as required by Florida law. Finally, the OIGs analysis of thebank records identifiedapproximately $9,205 in actual deposits and withdrawals during the life of the account. On theother hand, the CTRs incorrectly reported $10,145 in contributions and expenditures.4

On February 4, 2013, Commissioner McLean and Mr. Natale filed a certified Termination CTR, whichis intended to report the final disposition of funds in the campaign. (Exhibit 2) Accordingly, theTermination CTR should have reflected the total actual deposits and withdrawals in the campaignbank account during the course of the campaign. In fact, it listed $7,575 in total monetarycontributions to date, but only $5,434.03in total expenditures to date. In a letter dated February 5,2013 (Exhibit 3) sent via certified mail to both Commissioner McLean and Mr. Natale, the Clerk

informed them that the CTR was incomplete because (f)or the Termination Report, thecontributions to date amount and expenditures to date should be equal amounts. The letter further

3 A CTR is comprised of three parts: Report Summary (DS-DE 12), Itemized Contributions (DS-DE 13) and ItemizedExpenditures (DS-DE 14).4Not surprisingly, due to the type and extent of the CTR discrepancies, we could not fully reconcile the campaign accounttotals with those cumulatively reflected in the various CTRs

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advised that the campaign treasurer has seven (7) days to file an amended CTR. Thereafter, whenCommissioner McLean and Mr. Natale submitted three amended Termination CTRs, each of whichwas again rejected in writing by the Clerk because the contributions and expenditures did not match.On March 26, 2013, a fifth Termination CTR, which for the first time reported matching total

contributions and expenditures. Nonetheless, Commissioner McLean and Mr. Natale submittedamended CTRs on April 17, 2013, which was when Mr. Natale first claimed on a CTR that he hadmade loans in 2012 to the campaign.5

When the OIG asked Mr. Natale about the false, incorrect and incomplete information contained inthe CTRs, he responded that he was not an accountant and had no accounting background, but thathe did the best he could in fulfilling his duties as treasurer given the time he had available and thecircumstances. Mr. Natale admitted he knew the CTRs were often incorrect, which he said wasdue to his own mistakes and those of other campaign workers who were not properly itemizingdeposits or keeping good records. He said that other errors were the result of bank fees that he didnot expect. Mr. Natale stated that the cumulative inaccuracies caused him to file numerous

amended CTRs, which he said were meant to correct prior reporting errors.

Mr. Natale told the OIG that he prepared all of the CTRs and did not have conversations withCommissioner McLean regarding the content or accuracy of the CTRs; thus, he did not believe thatCommissioner McLean was aware the CTRs contained incomplete and incorrect information whenthey were filed. Commissioner McLean admitted to OIG staff that he did not review the CTRsbefore signing them, and rarely conferred with Mr. Natale regarding their contents.As evidenced by the Clerks repeated communications, Commissioner McLean knew or shouldhave known that his campaign treasurer and he had filed delinquent and incorrect CTRs, yet hecontinued to sign amended versions with additional errors.6 Furthermore, the requirement byFlorida Statutes 106.07(5) that (t)he candidate and his campaign treasurer shall certify as

to the correctness of each report; and eachperson so certifying shall bear the responsibility for theaccuracy and veracity of each report (emphasis added) applies to the greenest of candidates.Such a seasoned campaignerand three-time treasureras Commissioner McLean must certainlybe held to answer for his deficient CTRs.

Making a Contribution in Anothers Name

Among the entries on the amended CTR filed April 17, 2013, Commissioner McLean and Mr.Natale reported that on October 10, 2012, the campaign received a $400 check for a campaigncontribution from Mr. Natales sister, Victoria Suggs. (Exhibit 5) Ms. Suggs told OIG SpecialAgents that she did not make a campaign contribution and had not been aware of any contribution

5 We note that Commissioner McLean was made aware in February 2013 that the FBI was investigating him on unrelatedcharges.6 In July 2012 and November 2012, the Clerkmany months before her repeated rejections of the Termination CTRshadalready assessed Commissioner McLean a total of $300 in fines for delinquent CTR filings. Moreover, between January2012 and June 2012, Commissioner McLean executed a series of documents filed with the Clerk which manifested hisunderstanding of the legal requirements of accurate campaign finance reporting. (Exhibit 4)

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in her name. The OIGs review of the campaign account records failed to identify a check depositattributed to the purported contribution, although Mr. Natale stated that he was confident that therewas a related cash deposit. Mr. Natale stated that he did make a cash contribution that he thenreported under Ms. Suggss name, and said she was likely unaware that he did so. Mr. Natale

claimed that he did not discuss the contribution with Commissioner McLean; however,Commissioner McLean stated that Mr. Natale did tell him about a contribution from his sister.Mr. Natales cash contribution of $400 may constitute multiple crimes, because it was in excess of$50 cash; it was in the name of another; and as addressed below, his total contributions would haveexceeded $500.

Wri ting Unlawfu l Bad Checks

The campaign account bank records obtained and reviewed by the OIG reveal that Mr. Natale was thesole signer on the account, and that the account statements were mailed to his home address. The bankrecords reflect that in September 2012, Mr. Natale issued three checks totaling $850 to campaign

vendors that were not honored due to insufficient funds, in violation of Florida law. The bank recordsalso show that between September 5, 2012 and October 12, 2012, the campaign account was initiallyassessed $280 for eight overdraft transactions: $35 for each of the three bounced checks, and $35 eachfor five additional checks that the bank honored even though there were insufficient funds in theaccount, referred to by the bank as Overdrafts Paid. Two of the overdraft charges were reversed bythe bank.

Mr. Natale only recalled one of the bounced checks, in the amount of $400, which he stated he madegood with cash he withdrew from his personal account.7 Commissioner McLean said he first becameaware that campaign checks had bounced after he saw correspondence from the bank regarding thereturn of one of the insufficient funds checks. He believed he discussed one of the checks with Mr.

Natale, and recalled some conversation regarding Mr. Natale paying the vendor. CommissionerMcLean believed that Mr. Natale told him that he paid the debt and if there were funds left after thecampaign he would consider it a loan and pay himself back; if not, he would call it a contribution.

Making Unlawful Withdrawals of Funds

The OIGs review of campaign account bank records confirmed that Mr. Natale issued himself acampaign check for $600 in December 2012. Later, on February 28, 2013, the day he closed thecampaign account, Mr. Natale also accepted the account ending balance of $305.82.8 During hisinterview Mr. Natale claimed that he had personally made four loans to the campaign in 2012 totaling$1,010. However, he admitted that he does not have a loan agreement, receipt, accounting record, or

anything else evidencing that the loans were actually made.9

Further, he failed to report the alleged

7 Florida Statutes 106.11 prohibits the payment of campaign expenditures in cash.8 Mr. Natale also withdrew $300 from the McLean campaign treasury during the course of the campaign, purportedly forpetty cash purposes. Mr. Natale admitted to OIG staff that does not have any documentation to show that the petty cashwas spent on campaign expenses.9 The OIG was only able to independently corroborate one cash payment to a vendor in the amount of $400.

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loans on CTRs until April 2013, long after he had taken the money and after Commissioner McLeanlearned that the FBI was investigating him.

Even if Mr. Natale in fact made loans to the campaign as claimed, Commissioner McLean and he

would have violated the $500 contribution limit. Moreover, Mr. Natale admitted, and the OIGsreview of the records confirmed, that none of the $1,010 in personal funds he said he used to payfor campaign expenses was transacted through the campaign account. He claimed this wasbecause he was reimbursing himself for campaign expenses that he personally incurred. Mr.Natale cited the following as examples of payments he fronted for the campaign: paying $400 incash to cover a bounced check to a vendor, as addressed above; paying for office supplies; payingfor food for campaign workers; and funding the petty cash fund when it was low. At any rate, witha few exceptions inapplicable here, Florida law requires that all contributions, including loans, bedeposited into the campaign account, and all expenditures be paid from the campaign account.

Rather than contemporaneously reporting the loans on a CTR when he stated he made them, Mr.

Natale submitted five Termination CTRs in 2013 that did not reflect any of the purported loans.10 Herecorded his four loans for the first time on April 17, 2013, on amended CTRs (Exhibit 9), fourteenweeks after he first issued himself a payment from the campaign account.11 On the April 17 CTR, Mr.Natale backdated four loans, totaling $1,010, as occurring between April 11, 2012, and October 18,2012.12 OIG Table 1 summarizes all instances wherein the campaign reported any of the relevantloans or repayments:

OIG Table 1

CTR CTR DateEvent Date

per CTR

Date per

BankStated Purpose Amount

TR-Amend 02/20/13 02/01/13 02/28/13 Loan Repayment & PC $305.82

G3-Amend 04/17/13 04/11/12 N/A Loan $400.00G1-Amend 04/17/13 08/35/1213 N/A Loan $300.00

G4-Amend 04/17/13 10/15/12 N/A Loan $205.00

G4-Amend 04/17/13 10/18/12 N/A Loan $105.00

TR-Amend 04/17/13 12/26/12 12/26/12 Loan Repayment $600.00

10 In a CTR filed February 20, 2013 Mr. Natale listed a loan repayment in the amount of $305.82, which was also theamount of the balance remaining in the account. However, he did not list a corresponding loan. In an amendedTermination CTR filed on March 26, 2013, it was reported that a $305.82 loan repayment was made to Mr. Natale onNovember 29, 2012. Mr. Natale stated this was a mistake, and was a duplication of the $305.82 loan repayment he

reported in the February 20, 2013 CTR.11 Mr. Natale reported the loan repayments on the second, fourth and fifth Amended Termination CTRs (dated February 20,2013, March 26, 2013, and April 17, 2013, respectively).12 April 11, 2012, was prior to the opening of the campaign account. Mr. Natale advised that the date was a typographicalerror, but he was sure the transaction occurred between September 29, 2012 and October 12, 2012, the time periodreferenced by the CTR.13 The reported date is in error. The loan was reported on the Amended G1 report covering the period of August 10, 2012through September 14, 2012.

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Although a Termination CTR was filed on February 4, 2013, the money remained in the campaignaccount until the account was closed on February 28, 2013, well past the ninety-day requirementmandated by Florida law.14 (See bank statement of campaign account, attached as Exhibit 10.) Mr.Natale explained that that the funds were not disbursed within the ninety-day deadline due to

Commissioner McLeans indecision on how to dispose of the account balance, and that the candidateultimately told him to keep whatever money was in the account when he closed it. Mr. Natale alsostated that Commissioner McLean was aware that he had issued himself $600 in the month after theelection. However, Commissioner McLean informed OIG staff that he did not recall specificallyauthorizing a $600 loan repayment check from the campaign account to Mr. Natale and could notrecall knowing that approximately $305, the account closing balance, was retained by Mr.Natale.15

Faili ng to Maintain Campaign F inance Records

Mr. Natale, as campaign treasurer, was required to maintain the records of campaign accounts forthe 2012 McLean campaign for four yearsthe length of a commissioners term of officein

accordance with Florida Statutes 106.06. When asked to produce the mandated campaignaccounts records, Mr. Natale informed the OIG that he did not retain them and, if they existed, hedid not have access to them. He suggested that there might have been some campaign-relatedrecords on his desktop computer, which was in the possession of his former girlfriend. Upon ourrequest, she produced most of the CTRsall of which the OIG had already obtained from othersourcesand a spreadsheet which mirrored the bank account statements, without adjustments forreturned checks.

Mr. Natale also stated that the last time he saw any campaign records, they were in a box located inthe office of Commissioner McLeansplace of business. Commissioner McLean, in turn, wasunable to produce any campaign records; he stated that he believed they were in Mr. Natales

possession. In summary, neither Mr. Natale nor Commissioner McLean provided campaignaccount originals or copies, in hard copy or electronic form, of any kind, including:

accounts records; check registers; bank statements; deposit slips; contribution checks; invoices; expenditure receipts; contractual agreements; and loan agreements.

14 Commissioner McLean was reelected to office on November 6, 2012, and therefore had until February 4, 2013, tolawfully dispose of the funds remaining in the campaign account, and then submit a report to the Clerk describing theappropriate disposition of those funds.15 Because of the contribution (including loans) limit under Florida law, Commissioner McLean should not have permittedthe campaign to give Mr. Natale more than $500, under any circumstances.

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The abject failure to maintain such records not only violates Florida law, it further renders the variousversions of events offered by Commissioner McLean and Mr. Natale less susceptible tocorroborationor perhaps more conveniently from their perspective, contradiction.

INTERVIEW SUMMARIES

As a part of the investigation, OIG Special Agents conducted numerous witness interviews.Significant interviews are summarized below:

1. I nterview of the Margate City Clerk

The Clerk acknowledged that she is the statutory filing officer for City candidates for politicaloffice. She reviewed Commissioner McLeans 2012 campaign qualifying documents, CTRs,and filing notices. The Clerk stated that that she provided Commissioner McLean with apackage of documents, and a checklist representative of the documents that were required by

Florida law for candidates seeking municipal office. Commissioner McLean acknowledgedreceipt of this package. Included in the package was a Statement of Candidate (DS-DE Form84), which he signed and returned as an acknowledgement of access to and an understanding ofChapter 106. In addition, she provided Commissioner McLean with verbatim copies ofChapter 106. Also contained in the package was a copy of the Florida Department of State,Division of Elections, 2011 Candidate and Campaign Treasurers Handbook (Handbook). TheClerk explained that the Handbook is a summary of the applicable statutes and codes related tocampaigns and campaign financing, including campaign contributions, loans, expenditures,filing requirements, violations and penalties.The Clerk advised that she performed a ministerial review of the filed CTRs. She accepted thecontents as represented, and her review consisted primarily of confirming the arithmetic and

determining whether or not the expenses and contributions balanced out in the TerminationCTR. She stated that she did not review, and was not required to review, any other sources ofcampaign financing information, such as receipts, invoices and bank accounts. The Clerkadvised that she sent letters to all candidates and their treasurers, including CommissionerMcLean and Mr. Natale, to remind them of pending CTR filing due dates.

Regarding the McLean campaign, the Clerk recalled two delinquent CTR filings. On July 30,2012, she sent a delinquency notice to Commissioner McLean, via certified mail, regarding thelate filing of a CTR, and that a fine of $150 would be assessed per statute.16 The Clerkconfirmed through her office records that Commissioner McLean personally paid the fine incash at her office. Additionally, she stated that when a second CTR, for the period ending

November 1, 2012, was past due, she verbally advised Commissioner McLean of thedelinquency. The CTR was filed on November 5, 2012, three days late, and a fine of $150 finewas due, which was paid by a money order.

16 Florida law requires that the candidate, not the treasurer, be notified of and responsible for delinquent filings and thepayment of any fines as required by the statute.

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The Clerk confirmed that a number of the CTRs contained obvious misstatements in thereporting or calculation of the total of expenses and contributions. In response, she sent letters,via certified mail, to Commissioner McLean and Mr. Natale notifying them of errors. TheClerk stated that the McLean campaign filed numerous amended CTRs after the November

election. She was unsure of the propriety of the numerous filings and sought the opinion of theBroward Supervisor of Elections and the city attorney. Both advised her that there was nolimitation on or penalty for the filing of amended CTRs. The Clerk stated that when theamended CTRs were being filed, she personally told Commissioner McLean about the defectsshe had identified.17

2. I nterview of Vi ctoria Suggs

Ms. Suggs stated that she knew Commissioner McLean and believed he and her brother, Mr.Natale, had been involved in a bar business together at one time. She denied ever contributing$400, or for that matter any money, either by cash or check, to the McLean campaign. She

also denied giving her brother any money to contribute on her behalf. Ms. Suggs stated thatshe did not have $400 of disposable income to contribute, as she is struggling financially.She also stated that because of family issues with her brother, they have spoken little, if at all,since December 2012.

3. I nterview of M ichael Natale

Mr. Natale stated that his family had been involved in local politics for many years. Hepreviously served as a city commissioner for North Lauderdale, had run for other politicaloffices including state representative, and worked on other campaigns up until approximatelysix years ago. Mr. Natale stated that he offered his services to the McLean campaign on a part-

time basis. He noted that, while he could have received compensation as campaign treasurerand campaign manager, he did not. Mr. Natale stressed that he was not an accountant and hadno accounting background. He stated that he did the best he could in fulfilling his treasurersduties, given the time he had available and the circumstances with which he had to deal.

Mr. Natale admitted that the CTRs filed by the campaign often contained discrepancies thatwere due to his own mistakes and the mistakes of other campaign workers. He explained that,since he was not always available, he arranged for other campaign workers to make deposits;however, they did not properly itemize the deposits on the deposit slips and generally did notkeep good records. Due to the requirements that CTRs be timely filed, and the potential forhim to be personally responsible for fines assessed for late filings, when timeliness became an

issue, he filed CTRs that may have been incomplete or inaccurate. Mr. Natale stated thatbecause of the inaccurate recordkeeping, he relied on bank statements to fill in the missing

17 In December 2013 the Clerk accepted a position with another Broward municipality, after the preliminary version of thisreport was completed. We observe that the Clerk performed her ministerial duties properly and timely. She preserved andretrieved all the necessary records, prosecuted the assessment and collection of fines, and filed the CTRs for publicinspection in accordance with the Broward Code of Ethics.

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contributions and expenditures on amended CTRs. He also stated that he initially believed thatthe bank did not charge campaign accounts bank service fees, but after he received the firstbank statement showing a bank charge, he realized the bank was charging account maintenanceand other fees, which resulted in additional errors on the CTRs.

Mr. Natale stated that he was aware of some defects in the CTRs, but that others were broughtto his attention by the Clerk. According to Mr. Natale, this is why the campaign filed multipleamended CTRs. He stated that generally, only the final amended CTRs should be relied uponas accurate, but even then, the specific dates of the items of expenditure and contributions maynot be relied on as accurate.

Mr. Natale said that Commissioner McLean did not know and could not have known the extentof the discrepancies between the CTRs and the bank records. He claimed that he andCommissioner McLean did not discuss the content or accuracy of the CTRs, and he said hebelieved that he alone was liable for their accuracy. Mr. Natale advised that he provided

Commissioner McLean with copies of the CTRs throughout the campaign.

Mr. Natale confirmed that he reported four loans to the campaign. He explained that, eventhough he recorded the transactions as loans on the CTRs, they were not associated with directdeposits to the campaign account, because the loan entries on the CTRs actually representedcampaign expenses he paid from his own pocket as necessitated by campaign circumstances.He said that, at the time he paid for these expenses, he was not sure if, or how much, of themwould be reimbursed at the conclusion of the election. When asked to produce receipts or anydocumentation whatsoever for the claimed expenses, Mr. Natale replied that he did not retainany.

Mr. Natale confirmed that the first loan, in the amount of $400, was not reported until April 17,2013. He stated that he recalled the circumstances of the loan, and he was certain that the datewas incorrectprobably a typographical errorsince the transaction likely occurredbetween September 29, 2012 and October 12, 2012, the time period covered by the CTR. Heexplained that a $400 check was written to the Inspiration Museum for services rendered to thecampaign, but when the owner went to cash the check, there were insufficient funds in theaccount to cover it. Mr. Natale stated that he then withdrew $400 in cash from his ownaccount, met the owner at the bank, and paid the debt.18

Mr. Natale also confirmed that three additional loans were recorded on campaign CTRs, in theamounts of $300, $205 and $105, respectively. Mr. Natale speculated that either the $300 or

the $205 loan was for petty cash funds and the other was for supplies, or a combination ofboth. He believed the $105 was for food and beverages for the campaign workers he paid forout-of-pocket, but was not certain.

18 The owner corroborated this version of events.

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Mr. Natale reviewed the CTRs and confirmed that he received approximately $905.82 that herecorded on the CTRs as loan repayments. He acknowledged that on December 8, 2012, heissued a $600 check to reimburse himself for his out-of-pocket expenses, and that when hecashed out the campaign account on February 28, 2013, he kept the account balance of

$305.82. The $305.82 is reported on the CTR filed February 20, 2013, prior to closing thecampaign account, as a February 1, 2013 repayment balance of loan and PC. Mr. Nataleadvised that PC meant petty cash. He stated that that he advised Commissioner McLean thathe was issuing a repayment check to himself for $600, and it was by mutual agreement that Mr.Natale would keep the remaining account balance.

Mr. Natale advised that there was a delay in closing the campaign account becauseCommissioner McLean did not make a timely decision regarding the disposition of surplusfunds. He stated that Commissioner McLean offered to pay the full account balance to him forthe services he rendered to the campaign, but he declined to accept the payment. He furtherstated that they ultimately decided that $300 was to be donated to a local non-profit19 and the

balance would go to Mr. Natale for repayment of his out-of-pocket expenses. Mr. Natalestated that he was not aware of any time limitation on the closing or disposition of surpluscampaign funds.

Mr. Natale stated that he believed Commissioner McLean was aware of his out of pocketexpenses, but that was only an assumption. Mr. Natale also stated that he discussed the loanrepayments with Commissioner McLean, but added that he did not expect that CommissionerMcLean would recall the conversation.20

Mr. Natale admitted that he made a $400 cash contribution from his own funds under the nameof Victoria Suggs, his sister. He explained that Ms. Suggsband plays at local venues and

events and that he thought it would be a good idea if she donated to the campaign, butacknowledged that she did not contribute her own funds. Mr. Natale stated he was aware ofthe statutory campaign contribution limitation of $500 by any one person, which is why hemade the contribution under his sisters name. Mr. Natale said he was confident that he did nottell Commissioner McLean about that contribution.

Mr. Natale advised that donations were not received at his home but were generally received atCommissioner McLeans bar. He added that work performed on the campaigns books andrecords was usually performed at the bar, and that any campaign account paperwork wasmaintained in a box at the bar. At the conclusion of the election, after the campaign accountwas closed, all campaign related documents were left in the box at the bar.

19 A $300 check, number 2035, payable to Victory Living Program, was paid by the bank on February 4, 2013. The notesection read, Picnic Table Donation. The IRS has identified Victory Living Programs, Inc., of Fort Lauderdale, Florida,as a public charity.20 Mr. Natale explained that after he left work, they would meet at a bar owned by Commissioner McLean. He told us that,by the time they met, Commissioner McLean had usually already been drinking.

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4. I nterview of David McLean

Commissioner McLean stated that he was first elected to the Margate City Commission in aNovember 1984 special election and served until March 1985. He ran unsuccessfully for re-

election in 1985. Commissioner McLean ran again for City Commission and was elected in2004, and re-elected in 2008 and 2012. He stated that he acted as his own campaign treasurerin 1984. He believed that June Ketchum was the treasurer for his 2004 election; he could notrecall if he, or someone else was the treasurer for his 2008 election; and stated that MichaelNatale was the treasurer for his 2012 election.21

Commissioner McLean has known Mr. Natale for about 25 years, both socially and throughMr. Natales time as Commissioner for the neighboring city of North Lauderdale. At the timeof his appointment as campaign treasurer, Mr. Natale was living with his wife in Coral Springs,but at some point in the campaign, he moved because of marital issues. Throughout theinterview, Commissioner McLean reiterated that during the election and in the months after, he

was busy focusing on campaign, business and personal matters, and he had no time to handlethe campaign finances. In addition to the campaign functions and duties and running his barbusiness, he was caring for his ailing mother, and later, around the time the campaign accountwas being closed and the final CTRs were being prepared, he was dealing with his federalcriminal indictment. Commissioner McLean stated that he accordingly left all of the campaignfinance responsibilities to Mr. Natale.

Commissioner Mclean stated that a campaign checking account was opened at TD Bank inMargate, a location close to his business, Daves Tiki Bar, and to Margate City Hall. Mr.Natale was the sole signatory on the campaign account. Commissioner McLean stated that hebelieved the bank statements were mailed to the bar.22 The campaign received a personal

standard type checkbook, without duplicates or carbon copies. Commissioner McLean advisedthat he did not recall ever reviewing any of the bank statements.

Commissioner McLean described the bar as the campaign headquarters, and believed the barsaddress was the address listed on campaign literature. He stated that campaign contributionssent by mail were received at the bar. He recalled personally receiving some campaigncontributionsone from a limousine company came to mindbut could not recall theidentities of most of his contributors. Commissioner McLean and his employees, routinely putall campaign related mail and contributions in a folder for Mr. Natale on a shelf in the bar,which he referred to as the office area. He stated that all contributions, including thosereceived by mail, at the bar, personally, or in connection with fundraising events, were placed

in Mr. Natales folder.

21 Filed Campaign Treasurer Appointments for 2004 and 2008 identify Commissioner McLean as the self-appointedcampaign treasurer for both of those elections.22 TD Bank records show the statements were, in fact, mailed to Mr. Natales home address in Coral Springs.

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Commissioner McLean stated that Mr. Natale would usually arrive at the bar in the evening tocollect the contributions, which he later deposited at the bank. On occasion, CommissionerMcLean, another campaign worker, or a bar employee would make deposits if Mr. Natale sodirected them. Commissioner McLean stated that on such occasions, copies of the contribution

checks were made by TD Bank employees at the time of the deposit, and the person makingthe deposit was supposed to put the check copies and deposit slips into Mr. Natales folder.Later, Mr. Natale would enter the information from the check copies, including a contributorsname and address, as well as the amount of the contribution, onto the CTRs. CommissionerMcLean added that, in addition to the contribution checks, receipts and invoices were alsoplaced in Mr. Natales folder. He observed that there were not a lot of checks, so that theroutine to handle the campaign deposits was simple and known to the others who wereinvolved. From the receipts, Mr. Natale would write checks and pay vendors and suppliers asnecessary. On occasion, Mr. Natale left signed checks if he was aware a payment had to bemade when he was not available. Commissioner McLean stated that he never signed Mr.Natales name on a check.

Commissioner McLean advised that Mr. Natale and he had discussed the solvency of thecampaign account, and were aware that at one time, the account was a few hundred dollarsshort, but they anticipated contributions would be received that would cover the deficit.Commissioner McLean stated that he first became aware that campaign checks had bouncedafter he saw correspondence from the bank regarding the return of one of the insufficient fundschecks. He recalled that the Google guy and Vinyl Lots had received bad checks.23 Hebelieved he discussed one of the checks with Mr. Natale, and recalled some conversationregarding Mr. Natale paying the vendor. Commissioner McLean believed that Mr. Natale toldhim that he paid the debt and that if there were funds left after the campaign he would considerit a loan and pay himself back; if not, he would call it a contribution. Commissioner McLean

was not certain when the conversation regarding Natale covering the bounced check occurred.He also did not recall how many, if any, other checks might have bounced or how the debtswould have been resolved.

Commissioner McLean stated that he trusted Mr. Natale to prepare the CTRs and generally didnot confer with or assist him in their preparation. He also stated that Mr. Natale usuallyprepared the CTRs at home, in his car or at the bar. Commissioner McLean further stated thathe did not review the CTRs, either with Mr. Natale or independently, before signing them. Theonly occasions that he could recall conferring with Mr. Natale on the preparation of the CTRswere when Mr. Natale would have a question about some information on a vendors receipt.

Commissioner McLean acknowledged that the Clerk informed him of important filing dates,including the due dates for CTRs. Commissioner McLean recalled that on one occasion, aCTR was filed late and he had to pay a $150 fine or late fee from his personal funds.24 He did

23 TD Bank records show that check No. 420, dated September 17, 2012, was payable to the Inspiration Museum, acompany related to Topofgoogle.com, LLC. No check to Vinyl Lot bounced.24 As discussed above, two CTRs were filed late, each resulting in a $150 fine that was paid by Commissioner McLean.

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not recall discussing any late filings with Mr. Natale. He stated that the Clerk suggested thatthe CTRs should be submitted on time, even if they were not correct, and then follow up byfiling correct amended CTRs. Commissioner McLean was aware that Mr. Natale prepared andfiled a number of amended CTRs. He advised that many were filed in an attempt to close the

campaign, but there were repeated mistakes in the filings. Commissioner McLean did notrecall when the first amended CTR was filed, how many amended CTRs were filed, or whaterrors or omissions were corrected, or needed to be corrected. He stated that, at one point, theClerk sat down with Mr. Natale to try to address the CTR errors.

Commissioner McLean advised that he did not think he knew Mr. Natales sister, VictoriaSuggs, but that Mr. Natale told him that his sister contributed to the campaign. He did notrecall if Mr. Natale told him the date and amount of her contribution. Commissioner McLeanstated that $100 was the maximum allowable cash contribution and that the campaign waspermitted to have a petty cash account of $100, and advised that he was not aware of themaximum amount that could be loaned by any person to his campaign. 25

Commissioner McLean stated that during the course of the campaign, he was not aware thatMr. Natale made personal loans to the campaign, other than, possibly, his covering of thebounced check debit. He further stated that he first learned of the loans when Mr. Natale filedthe CTRs on which the loans were reported, which he described as occurring towards theclosing of the campaign. Commissioner McLean stated that he does not know if they wereactually loans or expenses paid by Mr. Natale. He noted that there were no IOUs or loandocuments to memorialize Mr. Natales loans. Commissioner McLean advised that it wasunderstoodbetween Mr. Natale and himself that if there were surplus funds in the campaignaccount, Mr. Natale would be repaid for his loans to the campaign, but if there were notenough funds, the loans would be considered contributions for which Mr. Natale would not

expect to be repaid. Commissioner McLean did not recall specifically authorizing a $600 loanrepayment check from the campaign account to Mr. Natale and was unaware, or did not recallknowing, that approximately $305, the account closing balance, was retained by Mr. Natale.However, he stated that although he did not recall the conversation at the time of the OIGinterview, he might have discussed the loan repayment and account closing balance when theyoccurred. Commissioner McLean believed that a $300 check to a local non-profit for thepurchase of picnic tables was the final expenditure from the campaign account and representedthe balance of the account, but, as stated, he might have discussed Mr. Natale retaining anyaccount balance. Commissioner McLean believed that he was not required to dispose of thesurplus funds in his campaign account until June 2013, and he believed that the campaignaccount was closed before the required date.

Commissioner McLean stated that he did not know what became of the records of thecampaign account that had been maintained in Mr. Natales folder on the shelf at the bar. Heexplained that he had to close the bar business on short notice in February 2013, after his

25 Florida law allows a maximum cash contribution of $50, and a $500 loan/contribution maximum per person.

OIG 13-009January 22, 2014

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contact with the FBI, and he did not recall seeing the folder when he removed his propertyfrom the bar. Instead, he stated, he believed that Mr. Natale had the folder, even though helearned before the interview that Mr. Natale believed that he had it.

RESPONSE TO THE PRELIMINARY REPORT AND OIG COMMENT

In accordance with Section 12.01(D)(2)(a) of the Charter of Broward County, a preliminary version ofthis report was provided to Commissioner McLean, Mr. Natale, and the City of Margate for theirdiscretionary written responses. The OIG received a response from Mr. Natale, which is attached andincorporated herein as Appendix A.26 We appreciate receiving the response.

In his response, Mr. Natale objects to having been identified in this report because he was solely acampaign volunteer, a status that he claims removed his actions from the ambit of OIG jurisdiction.Mr. Natales belief that his misconduct should be shielded from public scrutiny is simply misplaced,particularly where, as here, he acted in concert with a Broward municipal elected official. Moreover,

having found probable cause to believe that misconduct has occurred, the OIG is requiredby Section12.01(C)(1) to refer the matter to the appropriate civil and criminal agencies.

CONCLUSIONS

The OIG investigation revealed that Commissioner McLean and Mr. Natale both committed numerousviolations of Florida law in their handling of campaign funds. It is highly improbable that such experiencedcampaignersboth have served at least three times as a treasurercould be ignorant of basic requirementsconcerning contribution limits, the honest identification of contributors, and the allowable uses of campaignfunds, including restrictions on cash transactions. It is inconceivable that they would not grasp the obligationto create and retain the simplest of campaign finance records. Instead, the evidenceincluding the lack of

documentation, the contradictions in the reporting, and the timing of the claims that loans had been madesuggests that they acted deliberately, with a blithe disregard for policies and processes designed to protectthe public interest. Accordingly, by way of this report, the OIG refers this matter to the Florida Departmentof Elections and the Broward State Attorneys Office for their independent assessment of the application ofFlorida campaign finance statutes and criminal statutes.

26 Mr. Natales response consists of two brief emails, which vary slightly in their wording. Both are attached as AppendixA.

OIG 13-009January 22, 2014

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. IFLORIDADEPARTMJ;NtOF T A T ~ DIVI.SIONOF e ~ S C T I O N SCAMPAIGNIREASUR.ER'S.REP:C)R.TSUMNlARY

i. i N / ~(4) Chec;k [0 tQffi.te$ought):. City commis.s .ion0 CoWmlttee . :=cHE-C-K-.fF- ~ l CommitteeofContint.1ousExistence. [ ) CHECKJFCCEHASDISSANDEQ0 PartyExf!c.uUveCommlt:tee ] C CJCHEC.f


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(1) Nam e David M c ~ a1 12.(3) COV$r Period 4

(5) (7)a t ~ Fu ll Name(6) ( last; suffix; Firs,, M[d.dle)Sequence Street Address&Number Cityi s tat.e, Zip Code

Coconut Greek. ' ,. . . - .6 7 f .2 I ? r o p e r t i e In c.523So. coconutc -reek Pky.u Mii_i:g .;tte , Fl.; 3 0 6

Waste of Fl.6 18 f 2?9 ~ i l e ~ M.P o m ~ C i Bch.

3307 3#2

M a ~ y G. $t:hweitzer6 18 I 7 178-18 sw PO ct.Summer f ie ld , Fl.344 .913"Lancj Ti):le

/12 28 250 s Austra lia n Av.Sui te # 701w Pall)l Bqh., Fl.J;3-f01t.4Ruden c o s ~ y

6 2.8 12 Conun. for good Govt c/o61"Q s Bou-levardT.aropa,t Jrl, .33606.#5

Greenspoon Harde-r6 28 p 100 W Cypresscreek Rcj..Su.i,te 700Ft . 4 ~ u d Fl . 33.309

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{-.,CAMPAIGN T ~ E A S U R E R S REPORT ITEMIZED E X P - = N Q l T U R E ~ Yt.;,{1) ~ ; ~ m e .. Da'tid McLean . . (2) I,O.Number . ~ A 101 ..... ~4 Cl(3) Cover Period _ _ _ t _ i ~ through _ 1 6_ - ~ (4) 1 : , J~

(7) ( ~ ) 9) (10) - , - 1o , t ~ i=uil Name Purpose(L;a$_i S u f f l F [ ~ t , Middle) ~ f f i ~ ~ g h ~ if(5)(6) StreetAddress coritributlon to a t : p e r e ~ l t uSe1uence Cijy, s:ta", Zip CQ.de. a t ~ ) . T yP e Amendin.ent Amoul)tN&i'rrlber

city of~ a r g a t e Qual iflng_ MON 392.006 Js Ai 5790Mal gate B lvd .. A ssessment eMargate, F l -3306 3l

Campaign Treasure r Pet ty Cash PCW $ 100 . 00c / o N at ale., Mic hael W -hdrew7 j1 2'- 1119. ~ i ll Way,Coral Springs, Fl 3 ~ 0 . 7 - 142

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EXHI IT2


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FLORIDADEPARTMENTOF S T T ~ D.IVISiONOFELECTIONSCAMPAIGNTREASURE;R'S: R E P O ~ T SUMMARY(1) Oavid McLean OFFICEUSEName(2) 492 6 s. Hemingway.Circ le FE - 4 2()\3Address n u m b ~ r andsfreet)

Marga te, FL 3,3Q.63City, Sta te , ~ C:ode

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.

MayorFrank B.Yalerico' CityManagerVi' "e M ayor JenyA. BloughVarsalloneCity AttomeyCommissionersDavidMclean EugeneM.SteinfeldLesaPeennanJoanneSimone C it y C le. t(LeslieWall ce MayQitpof ;jltf(atgate;jflorilla

VIACERTIFIEDMAILRETURNRECEIPTREQUESTEDFebruary5,2013Mr.MichaelNataleCampaignTreasurerforDavidMclean1119NW111'WayCoralSprings,Fl33068OearMr.Natale:1am inreceiptofthetimelyfilingofthe CampaignTreasurer'sTenn ination Report(TR). Pleaseknow thatuponreview, Ifoundthereporttobe incompleteforthefollowing reasons:OnFotmDS-DE12 . Se9tion(10) TotalMonetaryExpenditurestoDate- showsa amountof$5,434.03,whichamountis$2,140.97 lessthan theamountshown in (9)TotalMonetaryContributionstoDate. FortheTermination Report, the contributions to date amount and expenditures to (iate should be eq!Jalamounts.Pursuant toChapter 106.07ofthe Florida Statutes, incomp_lete reportsshallbe ac


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SENDER: OMPLETE THISSE TION omplete items f, ancf 3.Alsd.qompteie

Item4 f d c t e ~ Detlvery Is desired. P.ililt yotir : 1 e a11d a d p ~ ~ s on the v e r s eso f h ~ t we _i'et4m th card to you. Attachthis c&rd.to qf fhe i ~ i l por on th front If s_pace p ~ r r t l1. Art lcie to:....- DNo

,MR. MICHAEL NATALECAMPAIGN TREASURI;R FOR DAVID MCLEAN1119NW111WAY

..CORAL SPRING:s, FL 3 3 0 6 ~

NJJmber(rransfe( f of i S _rvtce lsbeQ

l ps Form 3811,February 2004

\.l. MRDAVID MCLEAN4926 S. HEMINGWAY IR LEMARGATE, FL 33063

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NOVEMBER,2012 MUNICIPALGeNERALELEC1'IONO Q U M ~ T S Rt:QUJRED 9QUALiFYA$ACA8PIQATEFOR THeCITYOFMARGAtE( fh$firsttwo listed mustbe pe_ore.open_lryg campaignaccountandmaybe filedheCityClerkorDeputyCityCte.rkpriortoQua.lifyingperiod.)Da.teF/IedlProvided Docum en tReceived

APJ)QintmentofCampalg_n T r ~ ~ s u t ' r and ~ ' s i g n a t l o n of ~ m p a f g n DepositoryS DE9{Rev .10/10) Section106.021(1.),F.S.,Rule 1s2.0001,F.A.C.$t,tementof Caf:'ldidate(Filedwithin10 afterappointingcampaigntreasurer.)SDE84(Rev .05/11) F.S. 106:023;F .S,Chapter106-AttachedCandidateandCampaignTreasurerHandbookCalendarofReportingDtes

o.ath- Non-PartisanO ffice(f/klaLoyaltyOath)S-DE25(Rev .05/11) Section99.021,F.S,Rule Form 1S ta te tn ,n tof Fin ancf_.&lnterestsCEFORM1Eff. 1/1/20f1Refertorule34-8 .202(1),F.A.C.Affidavit Mun ic ipa lCandid ateChartJr 3.02BrowardCpuntyS tatementof EthicalCmpalgnPractices(Voluntary)

C l R T f l C A l \ 0 ~ignedReceiptofNoticeof Log iqanci Teat.S.101 .5612(Notavailablea o f theprintingof thisform OFTHE_ \IllNESS lYllANO,NOO f ~ ~aunpaig_iCheckfor$100 Fee6.04 1H.CI\'(?F RGt\lETH I_S di&t ,.OF Ni'o . . . 14_C I ~ ~ . ClYCLERK . .ampaignChe:ckfor1%StateE lectionAssessment$292.0'0 1A.x$29,_64) ..S.99.093

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NOVEMBER,2012.' MUNICIPALGENERALELECTIOND o c O M E ~ T TOQuALIFYASACANDIOATEF O R ~ ~ T H ECITYOFMARGATE(Thefirsttw formslisted mus,tbecompletedbeforeope.nlngcampaign accountandmay filedwittheCityCler.korDeputyCity priortoQualifYft?gperiod.)

DateFifedlProvided DocumentReceived\"t.,' o\ttl t:l.~ e n t o Campaign Treasureranddes ignat ion oCampaign DePository OS-DE9 .(Rev.10/10)Section106.021(1),F.S.,Rule1s-2.0001,F.A.C.

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~ . \ w h o - ~ ~ n l o Candidate{Fliedwithin10daysafterappointingcampaigntreasurer.)\ ld- _iufYf\. .Cand,dateandCampaignT reasurerHandbooktt/ld- ~ ~ a r o Reporting Oates

SDE25(Rev.05/11) Section99.021, t=.S.,Rule1s-2.0001,F.A.Cf .I


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candidatefortheofficeof - ~ C l __havebeenprovidedaccesstoreadandunderstandtherequirementsofChapter106,FloridaStatutes.

X o Jd-ate Date

Each candidate must file a statement with the qualifying officer Wthin 10 days after theppointm entofCampaign TreasurerandDesignationofCamp_aignDepositoryIsfiled. Wi ffulailu re to f ile th is form Is a first degree m isdemeanor anda civil violation ofthe CampaignFinancingAct whichmayresult inafineofupto 1,000,ss. 1 0 6 1 9 ( 1 ) t l t R q f ~ A O lStatutes). 1 THisroseATRuE&coRRETcorvoFTHE OQCUMENTON FilETCITYWITNESS BYHAND AND OFFCJLSJ;AJ. OfTtlE /)0- y b f . __1._..___

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