IN THE DISTRICT COURT FOR THE FIFTEENTH IUDICIAL CIRCUIT MONTGOMERY COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, V. No. 2017? ROBERT J. BENTLEY, Defendant. PLEA AGREEMENT Come now the State of Alabama, by and through Supernumerary District Attorney Eleanor 1. Brooks appointed by the Attorney General pursuant to Section 12?17-216 of the Code of Alabama as Special Assistant Attorney General, and the Defendant, by and through his attorney, and agree to the following terms, each of which is an essential part of the parties? agreement: 1. No later than April 10, 2017, the Defendant will enter a plea of guilty, stating under oath sufficient facts to support his guilty pleas, to each of two complaints: A. Complaint 1 Failing to File a Major Contribution Report - Ala. Code Section a Class A misdemeanor B. Complaint 2 Knowingly Converting Campaign Contributions to Personal Use Ala. Code Section 36-25?6, a Class A misdemeanor 2. Sentencing will occur immediately after the acceptance of the guilty pleas; the pre? sentence report will be waived; the duration of the sentences and the determination of probation will be at the discretion of the Court; as part of his sentences the Defendant will do the following: A. Pay the following within 1 week of sentencing: (1) $100 ($50 per complaint) assessment to the Alabama Crime Victims Compensation Commission; (2) Full court costs for both complaints; (3) Fines of $5000 in Complaint 1 and of $2000 in Complaint 2; B. Reimburse the campaign fund $8912.40 within 1 week of sentencing; C. Surrender all campaign funds (approximately $36,912.40) to the State of Alabama within 1 week of sentencing; D. Render at least 100 hours of community service in his capacity as a licensed physician to the people of the State of Alabama within the terms of his sentence. . The Defendant will resign from his position as Governor of the State of Alabama by letter no later than 1 hour before pleading guilty and provide the State of Alabama with a copy of that resignation letter before pleading guilty. . The Defendant will not seek or serve in any public of?ce. . The Defendant will waive any retirement or other bene?ts to which he would otherwise be entitled, including but not limited to bene?ts under Ala. Code 36? 13-11 and 36?33?2. . The Defendant will waive any and all objections to venue and his right to appeal any issue. . By signing this document, the Defendant represents that he is an adult; is competent to enter into this agreement and plead guilty; is satis?ed with the work of his attorney; has been advised of his rights by his attorney; and that he intelligently, knowingly, and voluntan'ly agrees with the terms of the Plea Agreement. The parties agree that thislplea agreement resolves all potential state criminal charges against this Defendant based on pending investigations, including the referrals from the Alabama Ethics Commission and the matters referenced in the Pie-Hearing Submission of Special Counsel to the House Judiciary Committee dated April 7, 2017. Agreed this 10th day of April, 2017. Gotham image Robert J. Bentley Eleanor 1. Brooks Defenda . Special As 'st tAttom yG eral A -- Wi?l?fiam Mthanas Miles M. Hart . - Attorney for Defendant Deputy Attorney General Chief, Special Prosecutions Division STATE OF ALABAMA MONTGOMERY COUNTY DISTRICT COURT AGENCY NUMBER: 8 WARRANT NUMBER: WR 2017 000258.00 OTHER CASE NBR: - TO ANY LAWFUL OFFICER OF THE STATE OF ALABAMA: YOU ARE HEREBY COMMANDED TO ARREST ROBERT JULIAN BENTLEY AND BRING g?M Egg COURT OF MONTGOMERY COUNTY TO ANSWER THE STATE FAILURE TO EILE CAMP CLASS: TYPE: COUNTS: 001 AND HAVE YOU THEN AND THERE THIS WRIT WITH YOUR RETURN THEREON. YOU WILL RECEIVE UNTO YOUR CUSTODY AND DETAIN UNTIL THE DAY OF OR UNTIL LEGALLY DISCHARGED. DATED THIS 10 DAY OF APRIL, 2017. BOND SET AT: $300.00 BOND TYPE: ,3 Ff MISUEMEANQE _1 NAME: ROBERT JULIAN BENTLEY ALIAS: ADDRESS: 1142 PERRY ST ALIAS: CTTEESEONTGOMERY STATE AL ZIP- 36104 0000 000 000 0000 EXT 000 EMPLOYM NT: DOB: 02203 RACE SEX HAIR: GRY EYE: BL 5'0 T: 20 ?.wyia?J?w? WE SID: 000000000 SSN: DL NUM: ,hk kg?a? I EXECUTED THE WITHIN WARRANT BY ARRESTING THE DEFENDANT AND PLACING DEFENDANT IN THE MONTGOMERY COUNTY JAIL RELEASING DEFENDANT ON APPEARANCE BOND THIS DAY OF COMPLAINANT: ROBERT STUART 501 STUART MONTGOMERY AL 36130 OPERATOR: SHG DATE: 04/10/2017 ALABAMA JUDICIAL INFORMATION SYSTEM IN THE DISTRICT COURT OF MONTGOMERY COUNTY AGENCY NUMBER: WARRANT NUMBER: WR 2017 000258.00 OTHER CASE NBR: - A I BEFORE ME THE UNDERSIGNED MAGISTRATE OF THE DISTRICT COURT OF MONTGOMERY COUNTY, ALABAMA, PERSONALL APPEAR ROBERT STUART FOR WHO BEING DULY SWORN DEPOSES AND SAYS THAT HE SHE HAS PROBABLE CAUSEENDANT BELIEVING, AND DOES BELIEVE THAT ROBERT JU IAN BENTLEY DEFBOVE WHOSE NAME IS OTHERWISE UNKNOWN TO THE COMPLAINANT, DID WITHIN THE A NAMED COUNTY AND ON OR ABOUT NOVEMBER 18,2016, PRINCIPAL CAMPAIGN COMMITTEE POLITICAL ACT- ION COMMITTEE, AND ELECTED STATE AND LOCAL OFFICIAL FAILED TO FILE WITH REPORTS OF TO-WIT: ROBERT J. BENTLEY FAILED TO REPORT A ?50,000 LOAN MADE TO CAMPAIGN COMMITTEE WITHIN 48 HOURS AS REQUIRED BY AWE I VIOL TION OF SECTION OF THE CODE OF ALABAMA IN VIOLAT ON OF OF THE CODE OF AGAINST THE PEACE AND DIGNITY OF THE STATE OF ALABAMA. Q13 A I SWORNATO AND SUBSCRIBED BEFORE ME THIS THE 10 DAY OF APRIL, 2017. ?El/g CHARGES: FAILURE TO FILE CAMP MISDEMEANOR WITNESS FOR THE STATE ROBERT OPERATOR: SHG DATE: 04/10/2017 NOTE: ARE THERE COMPANION CHARGES WITH THIS IF so, PLEASE SPECIFY COMPANION CHARGES: WarrentLeg No. AFFIDAVIT DIS TRICT COURT OF INSTRUCTIONS: Complete the following information on the OFFENSE and the DEFENDANTIOFFENDER Offense: Elke-:Lronm. ?ew/+44? We 42 1?7? 5: a? - 7015 Defendant?s Name: izo Lev/- fey} Q?w Heel, Race: 0) Sex: DOB: Z- 3" ?73 Defendant?s Address: Hi! 5' Pan. cS-i?, 3 Ht: ?We: 2. 69 Eye: 8! M: mini/1D. Deteand Time efoi'rense: Wax) I L. Place ofOeeurrenee: {gamer-1 Ce. ?311. Person or Property Attacked: Jaqu-e. g? (/91 2?4: foa- a. How Attacked: Damage Done or Property Attacked: Value of?roperfy: Details of Offenses: 5 cf, V:a[a1Lf5A gains +9 rG?-qulc a C9w?WWudfoJ Engines; o-(l mil-hru-J ra?u?vbjk ?cygisgmake this af?dayit 101' the purpose of securing a warrant against the 531d 72.3% . c?nunderstand that I am instituting a criminal proceeding and cannot drop this case. 1 runner understand that if any of the to. ?0111: facts are untrue, I may, in addition to any other punishment provided by law, be taxed with court costs in this proceeding- Sworn to and gibscribed before me this [97? dayof gar? - Complainant 5 Hmd? Judge #jlerk WITNESSES: (name, address, telephone number) me? New we I got #91, 36/30 ?errant Log No. I AFFIDAVIT DISTRICT COURT OF ALABAMA INSTRUCTIONS: Complete the following information on the OFFENSE and the DEFENWDANTEOFFENDER Offense: E?c-izronm. v.19 3 - Defendant?s Name: 12 it: 15?04 ?an-J Race: (A) Sex: 3" Defendant?sAddress: Ill-f a 5' Pt?. tig?-i?l 1149,94?? HE: 0 ?We 269 Eye: 311m: Hawk? Date and time ofoeense: can} 8) 2.53 I L. ssa - Place of Occurrence: an {'30 54-? (2Q . Person or Property Attacked: :70? ?95 a. Haw Attacked: Damage Done or Property Attached: I'll/'1' Value of Pmperty: Details of Offenses: 5 cf] ?oaterij gang/.97 dug What.? ELL Lil 41> {Cf-bx}: ?1 ext-:55 0-C- il?kb??) miLk'l'J ret&ud_1_lj\ (acquired . I make this affidavit for the purpose of securing a tiranant against the said gain Bean . . . . . 1 . .p 1g I understand thatI instituting a criminal proceeding and cannot orop this case. I turther understand that any of Lhu fotegon facts are untrue, I may, in addition to any other punishment provided by law, be taxed with court costs in this proceedmg- Sworn to and before me this dayof 29)? - Complainant iiwi?i' Judge jjletk WITNESSES: (name, address, telephone number) ?uke/f, I 3m Maia/ta? PM: Meme, #1 36/30 I, Robert D. Stuart, being duly sworn, do hereby depose and state: Background 1) I am. a Special Agent with the Special Prosecutions Division of the Alabama Attorney General?s Office assigned to investigate matters related to public corruption. The testimony contained in this Affidavit i8 based on my personal knowledge and the knowledge conveyed to me by other law enforcement officers. I have been a Special Agent with the Alabama Attorney General?s Office since January 2013. Prior to my being a Special Agent with the Alabama Attorney General?8 Office I had over 25 years experience in law enforcement During this period I have conducted My and public safety. and participated many criminal investigations. in close contact with other agents work has kept. me investigating white collar and. public corruptiOr1 offenses. Because this Affidavit is being submitted for the limited purpose of it does not establishing probable cause, include all the facts that I have learned during this investigation. Where I report statements made by otherS: those statements are reported in substance and in part- I have participated in the investigation of this matter: and I am familiar with the information contained in thiS Affidavit based on my own personal participation in the investigation, my review of documents, my training and experience, and information that I have received fIOm other law enforcement officers. Based_on my training and experience, your affiant is aware it is a violation of ALA. CODE that that unless otherwise included in a report made pursuant to subsection of Section 17?5e8, the principal campaign committee or? political action committee shall file a report disclosing the receipt of any single contribution of twenty thousand. dollars ($20,000) or more. The38 reports shall disclose the same information required by Section 17?5u8, and shall be filed within two business days of receipt of the contribution. Beginning with the 2014 election cycle these reports shall be filEd electronically. Arrest This affidavit is respectfully submitted in support Of an arrest warrant for ROBERT JULIAN BENTLEY white/male, date of birth: social security number: who resides at 1142 South Perry Street, Montgomery, Alabama 36104. The Investigation On or about November 15, 2016, BENTLEY contributed $50,000 to his campaign fund in the form of a personal loan. BENTLEY did not disclose this contribution in any report until January 23, 2017. A copy of this report is attached to this affidavit and marked as ?Exhibit Your affiant does believe there is probable cause that BENTLEY violated ALA. CODE by failing to report the contribution within the time prescribed by ALA. CODE ?fty Robert D. Etuart Special Agent Alabama Attorney General?s Office .. Sworn to and subscribed before me thisio ;%?day of 20l7. Address: Alabama Attorney General 501 Washington Avenue Montgomery, Alabama 36l30 (334) 353?0421 EXHIBIT A THIS AREA FOR OFFICIAL USE ONLY 8 This document was ?led electronically on I 7? cites/201? at with the Elections 0 Division, Of?ce of the Alabama Secretasry :Ji 0 I ta 9' 3 Candidate Elected JD . . . 3 Campaign Flnance Report _1 5 SUMMARY FORM 1 2 Please Print in Ink or Type. Full Name of Candidate Political Party l' Ballot ROBERT BENTLEY REPUBLICAN Office Sought (include district or circuit number, if applicable) GOVERNOR Address El Amended Major Contributor ?l?i RIDGELAND City State Code Telephone Number TUSCALOOSA AL 35406 (334) 242-7100 Date of this Report: '1 1/15/2016 blag-?33 135* 7 i '7 $345,905.90 1 Beginning balance (ending balance from previous filing) 1 2 Total Cash Contributions (total from Form 2) 2 $000 3 Total ln-Kind Contributions (total from Form 3) 3 $000 4 Total Receipts from Other Sources (total from Form 4) 4 550,000-00 5 Ending balance (add lines 1, 2, 3 and 4) 5 $396,905-90 As required by the Alabama Fair Campaign Practices Act, hereby swear or af?rm to the Sworn to and subscribed before me this day of best of my knowledge and belief that the attached report(s) and the information contained of the year . My commission expires the herein are true and correct and that this information is a full and complete statement of all day of of the year . contributions, expenditures, and other required information during the applicable period of time. I Electronically Signed by ROBERT BENTLEY, 01931201? I Signature of Notary Public CANDIDATE Signature of Candidate or Elected Of?cial Date I FORM REVISED 4.5.2013 Print Notary's Name Where to'?le this form I I Candidates for state with'th'e Of?ce zortit'o Secretary oiStatez? Do you have questions or need assistance? Contact the Elections Division: Call us: 334-242-7210 'Visit our of?ce: I Write to us: 300-274-8683 Elections Division Elections Division Email us: 600 Better Avenue, Room E-210 PO. Box 5616 Montgomery, Alabama 36130 Montgomery, Alabama 36103?5616 I Candidates for County or Municipal Of?ce: File this report with the Judgeof Probate of.the county in which the . of?ce is sought. The address for each county's Judge of Probate is available on the web site of the Secretary of State. http:llalahamavotes.gov ALABAMA FAIR CAM PAIGN PRACTICES ACT - CAMPAIGN FINANCE REPORT FOR CANDIDATEIELECTED OFFICIAL FORM 4: Receipts from Other Sources loans, interest, and other sources of income NAME OF CANDIDATE OR ELECTED OFFICAL: When total contributions from a single source exceed $100.00, the FCPA requires all contributions from that source to be itemized DO NOT LIST cash or in-kind contributions on this form. Use Forms 2 and 3 for those listings. ROBERT BENTLEY FORM OF COMPLETE THIS BLOCK IF RECEIPT SOURCE RECEIPT RECEIPT IS A LOAN (CHECK GUARANTORS 9. c: - 0 SOURCE or ADDRESS 2 RECEIPT SHOULD INCLUDE E, 3 3 FULLE NAME ?8 E) 3 8 DATE AMOUNT OF (INCLUDE FULL STREET on PO. BOX. CITY, 2. r- 0 AND COMPLETE ADDRESS OF 3 a RECIEVED RECEIPT NAME) STATE AND ZIP) 5 ENDORSING on 13 E. 9 GUARANTEEING A (33) 5; a 3' ROBERT J. 11 RIDGELAND 50000.00 BENTLEY TUSCALOOSA, AL 35405 110512015 5 FORM REVISED on 11222012 TOTAL RECEIPTS 550000-00 STATE OF ALABAMA MONTGOMERY COUNTY DISTRICT COURT AGENCY NUMBER: WARRANT NUMBER: WR 2017 000257.00 OTHER CASE NBR: TO ANY LAWFUL OFFICER OF THE STATE OF ALABAMA: YOU ARE HEREBY COMMANDED TO ARREST ROBERT JULIAN BENTLEY AND BRING HIM HER BEFORE THE DISTRICT COURT OF MONTGOMERY COUNTY TO ANSWER THE STATE OF LABAMA ON A OF: FAILURE DISCLOSE ECO CLASS: TYPE: COUNTS: 001 AND HAVE YOU THEN AND TH RE THIS WRIT WITH YOUR RETURN THEREON. YOU WILL RECEIVE UNTO YOUR CUSTODY AND DETAIN UNTIL THE DAY OF OR UNTIL LEGALLY DISCHARGED. DATED THIS 10 DAY OF APRIL, 2017. BOND SET AT: E?l $300.00 BOND TYPE: ORIGENAL NAME: ROBERT JULIAN BENTLEY ALIAS: ADDRESS: 1142 PERRY ST ALIAS: CITYESEONTGOMERY STATE AL ZIP 36104 0000 PHONE- 000 000 0000 EXT 000 EMPLOYM NT: ,ywb IA DOB: 02203?1943 RAC SEX: HAIR: GRY f? EYE: BL EIGHT: 6'00" WEIGHT 200 '?mgd; SID: 000000000 SSN EXECUTED THE WITHIN WARRANT BY ARRESTING THE DEFENDANT AND PLACING DEFENDANT IN THE MONTGOMERY COUNTY JAIL RELEASING DEFENDANT ON APPEARANCE BOND THIS DAY OF BY COMPLAINANT: JAMES MURRAY 501 WASHINGTON AVE MONTGOMERY AL 36104 OPERATOR: SHG DATE: 04/10/2017 ALABAMA JUDICIAL INFORMATION SYSTEM IN THE DISTRICT COURT OF MONTGOMERY COUNTY AGENCY NUMBER: WARRANT NUMBER: WR 2017 000257.00 OTHER CASE NBR: . A I BEFORE ME THE UNDERSIGNED MAGISTRATE OF THE DISTRICT COURT OF MONTGOMERY COUNTY, ALABAMA, PERSONALL APPEAR JAMES MURRAY OR WHO BEING DULY SWORN DEPOSES AND SAYS THAT HE SHE HAS PROBABLE CAUSE FDANT BELIEVING, AND DOES BELIEVE THAT ROBERT JU IAN BENTLEY WHOSE NAME IS OTHERWISE UNKNOWN TO THE COMPLAINANT, DID WITHIN THE ABO NAMED COUNTY AND ON OR ABOUT JANUARY 3, 2016 ROBERT BENTLEY KNOWINGLY CONVERTED TO HIS PERSONAL USE-CAMPAIGN CONTRIBUTIONS, HE PAY AUTHORIZED PAYMENT IN THE AMOUNT OF 8912.00 FROM HIS CAMPAIGN FUND To NON-CAMPAIGN RELATED DEBTS THAT WERE ERSONAL IN NATURE IN VIOLATION OF SECTION THE CODE OF ALABAMA 1975. AMA IN VIOLATION OF 036-025-027 OF THE CODE OF ALAB AGAINST THE PEACE AND DIGNITY OF THE STATE OF ALABAMA. QIAMMV 7E- I 1.. . SW RN SUBSCRIBED BEFORE ME THIS THE 10 DAY OF APRIL, 2017. . 3 ECO 035-025-027 MISDEMEANOR WITNESS FOR THE STATE JAMES WASHINGTON OPERATOR: SHG DATE: 04/10/2017 NOTE: ARE THERE COMPANION CHARGES WITH THIS IF SO, PLEASE SPECIFY COMPANION CHARGES: Warrant Log No. AFFIDAVIT 7 DISTRICT COURT OF MONTGOMERY ALABAMA HSTRUCTEONS: Complete the following information on the OFFENSE and the Offense: 01C 5 (gin (72:12? 9?r?9'1) Defendant?s Name: R0 (5 (5&7 Race: Sex: DORW Defendant?sAddress: 3 Peit'r43_ Meow/1M Ht: Wt: 2'30 Eye: .44. Date and Time ofOffense: f- Place of Occurrence: A119 1 1- .3 we; ghee. . A 1 Person or Pruperty Attacked: Ur 1?3 A How Attacked: I Damage Done or Property Attacked: Aha/A Value ofPropert?y: I Details of Offenses: Am 0 (41? Cf. r1 ?pf-?37167 DLD View? At, cone 36,1949 Lotta rt? 3/3 Free/?1 Ht; (4.416%th C?qu To a Law Fork Ad PURE 905g I make this af?davit for the purpose of securing a warrant against the said i2?? 8g, Urunderstand that I am instituting a criminal proceeding and cannot amp this case. I further understand that if any of L116 facts are untrue, I may= in addition to any other punishment provided by law, be taxed with court costs in this proceeding- Sworn to and subscribed before me this dayof APKLL - ?75 0 Complainant tit/mat Judged Clerk aegistraie?l- WITNESSES: (name, address, telephone number) wai?wc/TON AVE A40 Tire/4 Cent/a)! Ma. Tam a: 3 i {/14 ct {a t?jvdt stat I-l James K. Murray, being duly sworn, do hereby depose and e: Background I am a Special Investigator with the Special Prosecutions Division of the Alabama Attorney General?s Office assigned to investigate matters related to public corruption. The testimony contained in this Affidavit is based on my personal knowledge and the knowledge conveyed to me by other law enforcement officers. I have been a Special Investigator with the Alabama Attorney General?s Office since January 2011. Prior to my being a Special Agent with the Alabama ttorney General?s Office had over 22 years experience as a Special _Agent in the Federal Bureau of Investigation (FBI). During this period I have conducted and participated in many criminal investigations. My Work has kept me in close contact with other agents investigating white collar and public corruptiOn offenses. Because this Affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all the facts that I have learned during this investigation. Where I report statements made by others, those statements are reported in substance and in part- I have participated in the investigation of this matter, and I am familiar with the information contained in this Affidavit based on my own personal participation in the my training and investigation, my review of documents, experience, and information that II have received from other law enforcement officers. Based on my training and experience, your affiant is aware that it is a violation of ALA. CODE 36?2oe6 for contributions to an office holder, a candidate,.or to a public official's inaugural or transitional fund to be converted to personal use. Arrest This affidavit is respectfully submitted in support of an (BENTLEY): ROBERT JULIAN BENTLEY white/male, date of birth: social security number: who resides at 1142 South Perry Street, Alabama 36104. arrest warrant for Montgomery, The Investigation On or BENTLEY authorized the about January 3, 2016, payment of $8,912.40 from his campaign fund to Copeland; Franco, Screws Gill, PAJ A copy of this check iS attached to this affidavit and marked as ?Exhibit This payment compensated that law firm for its representation of Rebekah Caldwell Mason concerning her service as ?Senior Political .Advisor? whi1e receiving compensation from the Alabama Council for Excellent Government (ACEGOV) and while she was not a state employee. Your affiant does believe there is probable cause that BENTLEY violated ALA. CODE 36-25-6 by converting political contributions to personal use. Sworn to and subscribed 2017. Address: Alabama Attorney General Washington Avenue Montgomery, (334) 353-0421 Special In'estigator Alabama Attorney General?s Office I- . . l1 before me this{0% hioay or Qi?fi:if x. MAGISTRATE Alabama 36130 EXHIBIT A Posting Date: 2016?01-06, Debit/Credt: Amt: 8,912.40, Posting Acct:_- side 1 BENTLEY FOR GOVERNOR INC 1035 61?1320 1142 5 Per St Montgomery, A 36104 3; 9:20 wiFfmw) . ARE IONS L's-n. I I . Posting Date: 2016?01-06, Debit/Credt: D, Amt: 8,912.40, Posting Acct:? W?i'??vmoo KIND - 45