Sunday, September 23, 2007

Supervisor Llewellyn Files False Financial Holdings Statement

My first blogg post, Politicians and Diapers, has generated some interest in Supervisor Ron Llewellyn’s Financial Holdings Statement. I thought it might be interesting for you to read the email exchange that brought about the amendment.

I obtained a copy of Llewellyn’s Financial Holdings Statement from the Warren County Administrators office and noticed an entry for Reliance Woods, a parcel of 80 acres subdivided into a number of lots for sale. The form has a column to record the legal owner of the property. It was empty, signifying Llewellyn was the sole owner.

A check of the property records at the Warren County Courthouse disclosed the legal owner of record is LBX3, LLC, not Ron Llewellyn. Returning to examine the Financial Holdings Statement I did not see an entry disclosing LBX3, LLC, as one of Supervisor Llewellyn’s companies where he held a substantial financial interest exceeding $10,000.

Llewellyn did not disclose his substantial financial interest in the corporation, LBX3, LLC. The corporation’s principals are Ron Llewellyn, Stephen Llewellyn, and Charlie Llewellyn. I believe the corporations name, LBX3, is code for "Llewellyn Brothers Times Three".

County Attorney Blair Mitchell attempted to dismiss the need for an amendment. Schedule H-1 requires disclosure of real estate holdings. Schedule F requires disclosure of business interests. See if you can understand Mitchell's explanation reproduced below.

Ultimately, Mitchell advised Llewellyn to file an amended statement and to include a cover letter explaining his “ooppss” moment.

NOTE: The text color in one of Llewellyn's replies below is red, duplicated from the original. Do you think he was sincerely inviting me to work with his re-election committee?

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------Original Message------
From: Bill Pierceall
To: Ron Llewellyn
Sent: Feb 28, 2007 9:09 PM
Subject: Financial Holdings Statement

Mr. Llewellyn,
Your published Financial Holdings Statement claims property owned on Reliance Road totaling 80 acres of vacant land. I am unable to locate that property listing in Warren or Frederick County databases. Can you provide any additional identifying information to assist my inquiry?
Best regards
Bill Pierceall

----- Original Message -----
From: Bill Pierceall
To:
Ron Llewellyn
Sent: Monday, March 05, 2007 5:10 PM
Subject: Second Request for Info - Financial Holdings Statement


Second Request March 5, 2007, 4:10 PM


----- Original Message -----
From: fragltd@shentel.net
To:
Bill Pierceall
Sent: Wednesday, March 07, 2007 6:45 PM
Subject: Re: Financial Holdings Statement

I own 25 % of Relience Woods Sub. Unsold lots


----- Original Message -----
From: Bill Pierceall
To:
bmitchell@warrencountyva.net
Cc:
Ron Llewellyn
Sent: Friday, March 09, 2007 4:24 PM
Subject: Financial Holdings Statement


Mr. Mitchell,
I have been in email contact with Mr. Llewellyn regarding his Financial Holdings Statement. He has clarified one entry on Schedule H-1 Real Estate, line 13, "80 ac Relience (sic) Rd", describing it as a 25% interest in a subdivided parcel named Reliance Woods.

The Warren County Real Estate office database discloses the recorded owner of Reliance Woods is LBX3, LLC.

Schedule F, Business Interests, of Mr. Llewellyns filing does not list LBX3, LLC.

In the interests of full disclosure accuracy, perhaps Mr. Llewellyn should file an amended Schedule F and review other listings for errors of omission?
Best regards,
Bill Pierceall


----- Original Message -----
From: Blair Mitchell
To:
'Bill Pierceall'
Cc:
'Ron Llewellyn'
Sent: Friday, March 09, 2007 5:23 PM
Subject: RE: Financial Holdings Statement
Mr. Pierceall,
Thank you for your e-mail and your civic concern on this matter. I will need to speak to Mr. Llewellyn about this to get all the details. After I have all the information, I will advise Mr. Llewellyn on whether and how any revision or amendment should be considered.
Blair D. Mitchell
County Attorney, Warren County
220 N. Commerce Avenue
Front Royal VA 22630
Phone: 540-636-6674
Fax: 540-636-6980


-----Original Message-----
From: Bill Pierceall [mailto:bill_pierceall@msn.com]
Sent: Monday, March 19, 2007 10:31 AM
To: Blair Mitchell
Subject: Re: Financial Holdings Statement

Mr. Mitchell.
Ten days have elapsed since your communication regarding the Llewellyn financial holdings statement. When may I expect your information gathering effort to reach completion and receive your response to my email dated 03-09-07?
Best regards,
Bill Pierceall


----- Original Message -----
From: Blair Mitchell
To:
'Bill Pierceall'
Sent: Monday, March 19, 2007 10:55 AM
Subject: RE: Financial Holdings Statement
Mr. Pierceall:
I have not yet had a chance to speak with Mr. Llewellyn about this. As soon as I do, I will notify you. I expect to talk to him later today.
Blair D. Mitchell
County Attorney, Warren County
220 N. Commerce Avenue
Front Royal VA 22630
Phone: 540-636-6674
Fax: 540-636-6980


----- Original Message -----
From: Bill Pierceall
To:
Blair Mitchell
Sent: Thursday, March 22, 2007 7:58 PM
Subject: Re: Financial Holdings Statement

Mr. Mitchell,
Monday evening just prior to the Warren County Board of Supervisors meeting I observed you on the dais having a private conversation with Mr. Llewellyn that lasted several minutes.
During that private conversation did you discuss my issue or did you forget?
Best regards,
Bill Pierceall


----- Original Message -----
From: Blair Mitchell
To:
'Bill Pierceall'
Cc:
'Ron Llewellyn'
Sent: Friday, March 23, 2007 11:38 AM
Subject: RE: Financial Holdings Statement
Mr. Pierceall –
I do not forget things I need to discuss with Board members. At that particular time I was discussing several things with Vice Chairman Llewellyn. Among them was a very brief discussion of the wording of his disclosure forms. We have also had a more extensive discussion at another time. I expect Mr. Llewellyn to amend his filing in the near future. As you had noted, at least one of the properties he noted as owning is owned by a corporate entity of which he is a part owner. In identifying the land as one of his interests, he actually disclosed more than what the form required - that is, that he owned a part interest in the land through the business. Technically the form could have noted only his partial interest in the business, and that would not have disclosed the part ownership in the land itself, through the business.
Nonetheless, I expect to see Mr. Llewellyn here in the Government Center to amend the disclosure in the near future, as noted above. Once he has done so, I will notify you as a follow up to your earlier e-mails.
Blair D. Mitchell
County Attorney, Warren County
220 N. Commerce Avenue
Front Royal VA 22630
Phone: 540-636-6674
Fax: 540-636-6980



----- Original Message -----
From: Bill Pierceall
To:
Blair Mitchell
Cc:
'Ron Llewellyn'
Sent: Friday, March 23, 2007 7:58 PM
Subject: Re: Financial Holdings Statement

Mr. Mitchell,
Please excuse me for not understanding portions of your response.

My first email to you talked about two separate forms contained within Mr. Llewellyn's Economic Interests filing. One form is Schedule F - Business Interests. The second form is Schedule H-1, Real Estate.

Your statement "In identifying the land as one of his interests, he actually disclosed more than what the form required. "makes sense if you are talking about Schedule H-1, column #1, because Mr. Llewellyn's listing says, in part, "80 Ac. Relience (sic) Rd." The form does not require the number of acres to be disclosed, only value in excess of $10,000.00.

In column #2 for the row "80 Ac. Relience (sic) Rd." Mr. Llewellyn properly discloses the type of real estate as "Vacant Land".

Column #3 for the row "80 Ac. Relience (sic) Rd" is empty. The heading for column #3 instructs "IF THE REAL ESTATE IS OWNED OR RECORDED IN A NAME OTHER THAN YOUR OWN, LIST THAT NAME." Mr. Llewellyn failed to enter the property's recorded owner, LBX3, LLC.

The second half of your above referenced statement continues, ".. that is, that he owned a part interest in the land through the business". Here is where I become confused as to your meaning.

Try as I might, I fail to see anything on Schedule H-1 where Mr. Llewellyn discloses, or is required to disclose, he is a part owner of "80 Ac. Relience (sic) Rd. It appears to this untrained observer, that because column #3 is empty, Mr. Llewellyn is stating, by default, that he, Mr. Ron Llewellyn, is 100% owner of "80 Ac. Relience (sic) Rd." when, in fact, the recorded owner is not Mr. Llewellyn. The recorded owner is LBX3, LLC and this corporation's name should appear in column #3.

Because Mr. Llewellyn has stated to me he owns 25% of the 80 acres, I would guess that 25% part ownership of LBX3, LLC, is valued at $50,000.00, more or less, and therefore Mr. Llewellyn should record this valued interest of LBX3, LLC, on Schedule F.

The ownership of record for the Schedule H-1 entry "200 Acer (sic) Catlett Mt." I believe is recorded as "Catlett Mountain, LLC". Mr. Llewellyn is not the recorded owner of this property, however he may be a partner or principal of Catlett Mountain, LLC. Catlett Mountain, LLC should be entered in column #3.

A second statement you wrote is just as confusing because it is not clear which form you are talking about, Schedule F or Schedule H-1.: "Technically the form could have noted only his partial interest in the business, and that would not have disclosed the part ownership in the land itself, through the business.

Here again, Schedule H-1 appears to require Mr. Llewellyn to disclose only that he has an interest valued in excess of $10,000.00 in an item of real estate . It is not required that he disclose he is a partner or a principal.

Schedule F requires Mr. Llewellyn to list any business in which he receives an income above or below $50,000.00 in value. Schedule F does not require him to say whether he is a partner or a principal in the listed business.

I would be most grateful, Mr. Mitchell, if you would be so kind to correct any misunderstanding I may have regarding your meaning contained within the above listed two statements.

I am reminded of a very old lawyer joke that goes something like this:

If what I am saying is perfectly clear you are not fully comprehending what I am talking about.

Best regards,
Bill Pierceall



----- Original Message -----
From: Bill Pierceall
To:
Blair Mitchell
Cc:
Archie Fox ; Doug Stanley ; Gray Blanton ; Richard Traczyk ; Tony Carter ; Ron Llewellyn
Sent: Monday, April 16, 2007 11:01 AM
Subject: Economic Interest Statement

Mr. Mitchell,

My last email message to your attention was dated 23 March 2007 regarding a matter first brought to your attention on 9 March 2007.

As County Attorney, your lack of timely action regarding my inquiry into Mr. Llewellyn's on file Statement of Economic Interests information is a cause of concern and possibly represents a window into the content of your character. "Easy" questions receive a prompt reply; "tough" questions are avoided or ignored.

I sense a pattern of your inaction becoming the excuse of choice in other County matters as evidenced by a recent statement you made during a Planning Commission meeting I attended. It reminded me of the classic "I've been real busy and the dog ate my homework". Past actions are a good indicator of future performance.

Mr. Mitchell, you have not been forthcoming with a request for clarification of a specious opinion you have suggested to me regarding the Llewellyn Statement of Economic Interests omission I brought to your attention on 23 March 2007.

Mr. Llewellyn, as of 13 April, has not amended his Statement of Economic Interests to reflect his connection with LBX3, LLC as you indicated he would. Now I wonder if other financial interests are hidden or not properly disclosed? In lieu of an inquiry by a concerned county resident, perhaps you would prefer an interrogative by federal authorities instead?

I repeat here for your benefit some advice previously given to Mr. Llewellyn:

Tight little inner circles are vulnerable to exposure because they have something to hide. If they are not hiding something the best way to demonstrate the truth of that is wide dissemination of the facts. This omission will be their downfall.

Those who differ from the inner circle are excluded from the benefits of power, while those possessing wealth that toe the party line are welcomed; these dots connect to form a disturbing picture -- not so much of greed-fueled corruption as of ideologically driven coziness.

People without power trust and depend upon the decency of those with power to defend and protect them.

Best regards,
Bill Pierceall



----- Original Message -----
From:
Blair Mitchell
To:
'Bill Pierceall'
Cc:
'Archie Fox' ; 'Doug Stanley' ; 'Gray Blanton' ; 'Richard Traczyk' ; 'Tony Carter' ; 'Ron Llewellyn'
Sent: Tuesday, April 17, 2007 3:34 PM
Subject: RE: Economic Interest Statement

Mr. Pierceall:

I have met with Vice Chairman Llewellyn and discussed the clarification of his Economic Interests Statement. He has prepared and filed with the Deputy Clerk of the Board a letter of amendment which includes the corporate entity that owns the property on Reliance Road, as well as including the tax map and parcel numbers of the property.

This should meet the concerns of your original inquiry.

Blair D. Mitchell
County Attorney, Warren County
220 N. Commerce Avenue
Front Royal VA 22630
Phone: 540-636-6674
Fax: 540-636-6980




----- Original Message -----
From: Bill Pierceall
To:
Blair Mitchell
Cc:
'Archie Fox' ; 'Doug Stanley' ; 'Gray Blanton' ; 'Richard Traczyk' ; 'Tony Carter' ; 'Ron Llewellyn'
Sent: Tuesday, April 17, 2007 4:00 PM
Subject: Re: Economic Interest Statement

Mr. Mitchell,

Thank you for your prompt reply and action.

I will visit the Government Center soon to obtain a copy of the letter of amendment.

I read recently a definition for the legal term "crave oyer" as forcing the provision of documents. Is the equivalent out-of-court non-legal phrase "poke 'em with a stick"?

Best regards,
Bill Pierceall


----- Original Message -----
From: Ron Llewellyn
To:
Bill Pierceall
Sent: Thursday, April 19, 2007 12:12 PM
Subject: [WARNING - NOT VIRUS SCANNED]Re: [WARNING - NOT VIRUS SCANNED]Re: Economic Interest Statement

Bill,

I was just thinking, that since we now have become such good friends that maybe I could talk you into helping me with my upcoming election in November. You obviously are well versed on a number of important topics and clearly have a vision for what the County should and should not be involved in.

Ron


----- Original Message -----
From: Bill Pierceall
To:
Ron Llewellyn
Sent: Thursday, April 19, 2007 11:23 PM
Subject: Re: [WARNING - NOT VIRUS SCANNED]Re: [WARNING - NOT VIRUS SCANNED]Re: Economic Interest Statement


Mr. Llewellyn,

I'm still laughing, but I'm not quite sure why. Perhaps it's the thought of adding yet another name to my Xmas list.

Before I stop thinking about your proposal, I'll invite you to consider doing just one thing to correct a fatal flaw that is your personal Waterloo come this November.

If you are committed to serving the community, you must distance yourself from being in a position of suspicion. You need to begin a new business career that cannot possibly be in conflict with your public service.

There are at least two ideas to consider before choosing one.

The first idea allows you to continue being a developer, but not in Warren County. The farther away the better off you will become. You do not need 5 or 6 Mr. Hoovers rolling their eyes every time you exercise your right to earn a living. Steal their thunder. Remember the old saying: Don't eat in the bathroom and don't crap in the kitchen.

The second idea makes you suspend all development activity and you become an entrepreneur in a new business not likely to associate with Warren County in any manner. You could manufacture tiddley-winks, or re-open the Mustang Ranch in Reno, or re-invent the wheel. If I had a spare $500k I'd invest in a Golden Coral franchise(s), hire a competent manager, hire someone to count my money for me, and go golfing around the country.

Best regards,
Bill Pierceall

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