REPORT 2 OF THE MISSOURI HOUSE
SPECIAL INVESTIGATIVE COMMITTEE ON OVERSIGHT

April 24, 2018

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C?iiainnan Jay Barnes



Vice- chairman Don Phillips


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I \Kanking Member Gina Mitten

 

 

 

 

Rep. Kevin Austin

REM-M

Rep. Shawn Rhoads



Rep. Tommie Piers 

A. History of the Committee
The Committee was formed by Speaker Todd Richardson on February 27, 2018 and charged
with investigating “allegations against Governor Eric R. Greitens” and reporting “back to the
House of Representatives.” On April 5, 2018, the Committee voted to release reports relating to
the Committee’s findings regarding allegations against Greitens. On April 11, 2018, the
Committee issued its first report regarding the allegations surrounding the relationship between
Greitens and Witness 1. Today, the Committee issues this report on Greitens’ use of a charitable
donor list for fundraising during his campaign for governor, and events surrounding the use of
that list. 1 Additional reports may follow.
Every witness to the Committee testified under oath, and subpoenas were issued to compel the
appearance of witnesses and the production of documents.
•

On March 14, 2018, pursuant to subpoena, the Committee took testimony from Michael
Hafner, a former campaign worker for Greitens.

•

On March 16, 2018, a subcommittee including Chairman Barnes, Ranking Member
Mitten, and Rep. Austin (as well as staff attorney Alex Curchin) spoke with Dave
Whitman, a former employee of Greitens. Whitman is currently serving a sentence at the
United States Medical Center for Federal Prisoners in Springfield, Missouri after having
pleaded guilty to federal crimes relating to theft from Greitens. Whitman refused to speak
on the record and indicated that he no longer had possession, access, or control of any
documents relating to his employment with The Greitens Group and its relationship with
The Mission Continues.

•

On March 19, 2018, Chairman Barnes and Attorney Curchin met informally with Matt
Jacober, counsel for The Mission Continues, to discuss document requests and activities
of The Mission Continues in relation to Greitens and The Greitens Group. The
Committee eventually received more than 100,000 documents from The Mission
Continues in response to its requests.

•

On March 27, 2018, pursuant to subpoena, the Committee took testimony from Krystal
Proctor (formerly Taylor), former executive assistant to Greitens when he worked for The
Greitens Group and The Mission Continues. Proctor also worked in an operations role for
the Greitens campaign for governor.

•

On March 28, 2018, counsel for Danny Laub, a former campaign worker for Greitens,
informed Chairman Barnes via email that Laub refused to appear before the Committee.
However, Laub testified under oath via deposition taken by the Attorney General’s Office
in Washington D.C. on April 18, 2018.

1

The Committee notes that its work is not complete with this report, and that, in addition to other actions,
subsequent reports may be issued.

Page 1 of 22

 •

On March 29, 2018, the Committee took testimony from Spencer Kympton, President of
The Mission Continues.

•

On April 2, 2018, pursuant to subpoena, the Committee took testimony from Lyndsey
Reichardt (formerly Hodges), a former employee of The Mission Continues.

•

On April 3, 2018, the Committee met to discuss process for redactions of testimony and
this report.

•

On April 4, 2018, the Committee took testimony from Jack Neyens, the former Chief
Financial Officer of The Mission Continues.

•

On April 15, 2018, the Committee sought and received an Order from the Circuit Court
of Cole County permitting the Attorney General’s Office (AGO) to share information
about its investigation of The Mission Continues with the Committee.

•

On April 18, 2018, Chairman Barnes and Attorneys Curchin and Alixandra Hallen met
with counsel from the Attorney General’s Office to exchange information. The
Committee received the testimony and related exhibits from the AGO’s depositions of
Michael Hafner, Krystal Proctor, and Danny Laub.

B. Committee Findings for Report #2
Based on the testimony and evidence received by the Committee to date, the Committee
finds reason to believe the following:
1.
The Mission Continues (TMC) is a 501(c)(3) not-for-profit organization started
by Eric Greitens that helps veterans returning home from service “build new skills and networks
that help them successfully reintegrate to life after the military while making long-term,
sustainable transformations in communications and inspiring future generations to come.” 2
2.
Greitens founded TMC in 2007 under the name The Center for Citizen
Leadership. TMC grew slowly between 2007 to 2010, ending 2010 with $1.56 million in
revenue. In 2011, TMC grew substantially, grossing total revenue of $7.01 million.3
3.
In 2009, Greitens formed The Greitens Group (TGG) for his personal for-profit
business engagements, which included book writing, public speaking, and corporate training. 4
4.
Krystal Proctor (formerly Taylor) began working for Greitens on January 1, 2011,
with salary and expenses split between TGG and TMC. 5 Throughout her time working for
Greitens, Proctor worked at his direction. 6
2

https://missioncontinues.org/about/
This data is available online with TMC’s Form 990 filings.
4
This information is available at the website of the Missouri Secretary of State.
5
Tr. Proctor at 10:8 to 13:2
3

Page 2 of 22

 5.
Dave Whitman worked as the managing director for TGG until 2014, when he
was charged with federal crimes relating to theft and fraud against TGG. In 2016, Whitman
pleaded guilty and is currently serving his sentence in Springfield, Missouri.
6.
Jack Neyens acted as the Chief Financial Officer of TMC for several years while
Greitens was there. 7
7.
Proctor explained how TGG and TMC worked together: TGG would book a forprofit event for Greitens, and TMC would then work around those events to “maximize”
Greitens’ time. 8 The Committee lacks non-profit expertise to determine whether the practice of
booking TMC events around Greitens’ private business schedule is common or best practice.
Neyens’ testimony suggests it is not common. 9 However, Neyens’ also testified that it made
“sense” as a way of “maximizing expenses” and “maximizing his time.” 10
8.
The Committee found no evidence that TMC inappropriately paid Greitens’ travel
expenses for events that were not exclusively TMC events. 11 Likewise, the Committee found no
evidence that TMC purchased Greitens’ books. 12
9.
In 2011, as its operating budget grew significantly, TMC began hiring
professional staff with experience in non-profit management, including Spencer Kympton, who
was hired as the organization’s Chief Partnerships Officer. 13
10.

As CEO of TMC, Greitens reported to the Board of Directors. 14

11.

In late 2012, TMC’s Board initiated procedures to protect TMC’s 501(c)(3)

status.
a. TMC entered into a Memorandum of Understanding (MOU) with TGG to
formalize cost-sharing between the organizations. 15
b. TMC required Greitens to sign a non-disclosure agreement (NDA) as a TMC
employee. 16
6

Tr. Hafner at 10:11-20; Tr. Proctor at 20:9-12.
Tr. Neyens.
8
Tr. Proctor at 15:1-16, “[T]ypically, I would … communicate … to [TMC], Eric is going to be in Florida for a
speaking engagement; you guys probably want to use this opportunity to set up some donor meetings[.]” See also
Tr. Neyens at 16:22 to 17:10. See Tr. Neyens at 17:15-18
9
Tr. Neyens at 17:19 to 19:6, testifying he “did not” have a similar experience at other non-profits where he worked
and had not worked at any non-profit where the director also had a private business at the same time.
10
Tr. Neyens at 17:15-18.
11
Tr. Proctor at 18:9-23; Tr. Kympton at 18:6-18; Tr. Neyens at 19:12-16.
12
Tr. Kympton at 19:4-12; Tr. Neyens at 14:15 to 15:3.
13
Tr. Kympton at 8-19,
14
Tr. Kympton at 26:16-17.
15
Ex. 15; Tr. Kympton at 13:20 to 14:7, describing MOU as “a board-directed initiative … intended to protect and
preserve the nonprofit status of The Mission Continues. Recognizing that our CEO at the time was also the CEO of a
for-profit entity...”
7

Page 3 of 22

 12.
In the TMC NDA dated November 27, 2012, Greitens agreed to hold in strict
confidence “the identities of any donors or investors, and any personal information of donors or
investors, and any contact information for donors or investors,” as well as any “lists, databases
… trade or business secrets, … and similar or dissimilar information relating to the operations or
activities of TMC.” 17
13.
The NDA specifically stated that Greitens “shall not at any time during [his]
employment with TMC or at any time after termination or expiration of [his] employment with
TMC disclose any Confidential Information to any third party, in whole or in part.” 18 Greitens
further agreed that “all intellectual property that is developed by [himself] during the time [he] is
employed by TMC, and that is within the scope of [his] employment with TMC, is the property
of TMC, including but limited to … trade secrets.” 19 He also agreed to not use TMC’s
intellectual property, including trade secrets “in any context outside of [his] employment” unless
he first “received the prior written consent (by email or letter) of TMC[.]” 20
14.

Krystal Proctor signed the same TMC NDA on November 21, 2012. 21

15.
Also in late 2012, Greitens received and signed TMC’s “Team Member
Handbook,” which set expectations for employees and volunteers. 22 The Handbook begins with a
signed letter from Greitens and speaks to the importance of confidentiality in at least three
places:
a. “Under no circumstances should outside requests for donor material be
fulfilled unless prior written permission is received from your Team Leader.”
b. “Team Members may not use our Systems “to solicit Team Members or others
unless on behalf of The Mission Continues;” and
c. “Protecting our organization’s information is the responsibility of every Team
Member[.] … Do not discuss the organization’s confidential business or
proprietary business matters, or share confidential, personal Team Member
information with anyone who does not work for us such as friends, family
members, members of the media, or other business entities.”
16.
privacy.

In November 2012, Proctor recognized the importance of protecting TMC donor

16

Ex. 16, see Greitens signature on page 4. Tr. Kympton at 20:10-11, “[T]his is a document that all of our staff
signs.”
17
Ex. 16 at ¶1(C), (G), definition of confidential information; and ¶2, non-disclosure requirement.
18
Ex. 16 at ¶3(A).
19
Ex. 16 at ¶3(A).
20
Ex. 16 at ¶3(C).
21
Ex. 12; Tr. Proctor at 21:2-18.
22
Ex. 14.

Page 4 of 22

 At that time, she extracted TMC data for the limited purpose of compiling a holiday card
list for Greitens, and sent TMC data to others within TGG with the following request: 23

Emphasis added.
17.
Former TMC CFO Neyens testified that Greitens “grew the organization from
24
zero[,]” and explained why and how he believed Greitens was able to grow TMC. “[P]eople,
donors, corporations, individuals, foundations migrate. They were attracted to him. They
migrated to him as he spoke around the country[.]” 25 Further, Neyens agreed with the statement
that Greitens “was a very strategic person” who “liked to have things planned out,” testifying,
“He planned things out. … He didn’t go into – you know, I guess it’s kind of like going into
battle. You just don’t randomly run in there. He had a plan of building his business – building his
organization.” 26
18.
Although Greitens was critical to TMC’s success, he did not work alone.
Kympton testified that TMC fundraising responsibilities were shared between Greitens and the
development team, including Lyndsey Reichardt. 27
19.
Reichardt testified that as development director, her job included “anything
related to fundraising” for TMC. 28 This included an annual gala, corporate fundraising proposals,
individual donors, appeal letters and “identifying donors that would be good for Eric or other
leadership team members to meet with.” 29 She explained that when someone made a small
donation to TMC, she “would help set up meetings with people” who had “potential to give
larger gifts or to contribute more to The Mission Continues.” The charity had a system to ensure
every donor was thanked on a quarterly basis for his or her gifts. Reichardt was responsible for
identifying small donors who might be good prospects to become larger donors. 30 The thank you
calls “involved all the staff.” 31
20.
Reichardt explained that she also had frequent contact with individual TMC
donors, testifying, “Sometimes I would go have coffee or lunch with them, tell them about the
organization’s plans and how we were growing, and assess their interest in being more involved
with the organization.” 32 Through this process she was responsible for “gaining donors who
23

AGO Proctor, Ex. 12.
Tr. Neyens at 43:19.
25
Tr. Neyens at 43:20-23.
26
Tr. Neyens at 58:7-16.
27
Tr. Kympton at 65:14 to 67:10.
28
Tr. Reichardt at 11:6.
29
Tr. Reichardt at 11:9-11.
30
Tr. Reichardt at 11:25 to 13:20.
31
Tr. Reichardt at 13:14-20.
32
Tr. Reichardt at 14:17-20.
24

Page 5 of 22

 donated in excess of a thousand dollars.” 33 However, “[a]s the organization grew, the leadership
members above [her] would take those meetings.” Those leadership members were not limited to
Greitens, but also included Spencer Kympton, Lori Stevens, and Meredith Knopp. Reichardt
testified that no one single leadership member took the bulk of those donor meetings. 34
21.
Similarly, Reichardt testified that TMC’s annual banquet was a “team effort”
where sponsors were identified by a leadership committee, and “those committee members
would typically do the solicitations themselves.” 35
22.
An email suggests Greitens began considering a run for statewide office at least as
early as October 16, 2013, at which time a political consultant named Steve Michael emailed to
tell him he was “finishing up on some of those to-do lists” and sent “Schweich’s donor list” as an
attachment to give Greitens “a bit of an idea on his potential strengths.” 36 At the time, Schweich
was identified as planning a run for governor. 37
23.

Greitens took a sabbatical from TMC from late 2013 to spring 2014. 38

24.

Proctor testified that Greitens had decided he was running for office in early

2014. 39
25.
Danny Laub began advising Greitens on political activity in early 2014. Laub
testified he prepared a memo for Greitens in February 2014 regarding gubernatorial campaign
strategy. 40
26.
On February 27, 2014, Monu Joseph emailed Proctor and Greitens the schedule
for Greitens’ trip to Orange County, California on March 12, 2014. 41 Proctor testified the
purpose of the trip and “the nature of those meetings was to start thinking about getting support
and money from these people for when he would run for office.” 42
27.
On March 5, 2014, Greitens emailed a spreadsheet to Proctor and Whitman with
lists of “categories for consideration” for a run for public office. 43 The document discussed
fundraising, issue education, campaign organization, potential endorsements, and strategy. 44
33

Tr. Reichardt at 14:21-23, responding in the affirmative to question posed by Rep. Barnes.
Tr. Reichardt at 15:2-14.
35
Tr. Reichardt at 17:2 to 18:20
36
AGO Proctor, Ex. 1.
37
See Catherine Hanaway, former Missouri House Speaker, Pondering 2016 Run for Governor, St. Louis PostDispatch, Sept. 15, 2013, discussing Schweich “who has not said he will run for governor but is widely believed to
be planning such a move.” Available at http://www.stltoday.com/news/local/govt-and-politics/catherine-hanawayformer-missouri-house-speaker-pondering-run-for-governor/article_5e736420-d191-5c0b-ba42-637d28ccedd7.html,
April 23, 2018.
38
Ex.19.
39
Tr. AGO Proctor at 23:7-11, “I became more convinced because he started sort of planning for a transition or
stepping down as CEO from The Mission Continues and focusing, you know, on a little bit more on the idea.”
40
Tr. AGO Laub at 37:24 to 42:22; AGO Laub Ex. 2.
41
AGO Proctor, Exs. 6, 7.
42
Tr. AGO Proctor at 45:2-7; AGO Proctor, Ex. 7.
43
AGO Proctor, Exs. 8, 9.
34

Page 6 of 22

 28.
Michael Hafner also began advising Greitens on political activity in early 2014.45
Emails reveal a meeting with potential supporters and donors as early as March 18, 2014. 46
29.
On March 21, 2014, Proctor prepared a memo for Greitens, Whitman, and Mason
Fink setting forth information about announced and likely candidates for governor in 2016. 47 She
testified that Greitens was “focused on the governor’s position” at this date and had, in fact,
settled on Missouri governor’s race for his political future. 48
30.
On March 24, at Greitens’ direction, Proctor set up a system to organize campaign
contacts including donors, volunteers, staff, advisors, endorsements, interest groups, and other
supporters. 49
31.
On or about April 1, 2014, Proctor stopped using her TMC email linked to her
TGG email on a regular basis. Instead, she created an auto-response to inform persons who
emailed her that they could contact her at her TGG email address, an account for which the
Committee does not have access to emails dated after April 1, 2014. 50
32.
On April 24, 2014, Greitens informed TMC that he would transition from CEO to
Board Member of TMC in the summer of 2014. 51 In response, TMC asked Greitens to assure
donors that the transition to new leadership would go smoothly and the organization was on
strong footing with a good plan for the future. Reichardt explained:
Anytime there is a big leadership change within an organization it’s standard
fundraising practice to take your top donors and let them know about that
change…. [T]he development team’s plan for the transition was essentially to
identify our top donors and let them know that Eric was going to be leaving the
organization in a few months, and that the organization is in good hands with
Spencer Kympton, the new president. 52
33.
On May 8, 2014, TMC employee Lori Stevens emailed Greitens, Proctor,
Kympton, and Reichardt with “transition call” instructions for Greitens and five attachments,
including a list of TMC donors named “All donors 1K total and up – as of 5-7-14.xlsx.” 53

44

AGO Proctor, Ex. 9.
Tr. Hafner at 6:15 to 7:2.
46
Ex. 30.
47
Mason Fink is a national political fundraiser.
48
Tr. AGO Proctor at 40:18-23; 41:24 to 42:2; 150:5-15; 151:1-5; AGO Proctor, Ex. 5.
49
Tr. AGO Proctor at 61:25 to 62:16; AGO Proctor, Ex. 10.
50
Ex. 31
51
Ex.19.
52
Tr. Reichardt at 22:7-25.
53
Ex. 32.
45

Page 7 of 22

 Emphasis added.

calls:

54
55

34.

On May 12, 2014, Kympton followed-up on the transition calls: 54

35.

At least two other follow-up emails occurred to track and aid in the transition

55

Ex. 17.
Ex. 17.

Page 8 of 22

 36.

Proctor explained how she understood the circumstances of these transition

emails:
Eric was stepping down as CEO of The Mission Continues…and I recall that he
asked the development team at The Mission Continues, which would have been
Lori Stevens and Lyndsey Reichardt at the time, who were both on this email. He
asked the development team to send him a list of donors of The Mission
Continues, and then also a list of calls that he would be making to The Mission
Continues sort of top donors to let them know that he would be transitioning and
stepping down as CEO. 56
My understanding was that he had – you know, Eric had built The Mission
Continues, and these were his contacts, his friends, his family, his family

56

Tr. Proctor at 23:6-17.

Page 9 of 22

 members, colleagues, and you know, at some point in the future, he might need to
reference this list and, you know, get in touch with these people. 57
37.
Proctor was not aware of any communications specifying a purpose for TMC
sending the donor list to Greitens other than the transition. 58 However, she also testified:
The purpose, I believe, was that Eric would be making a number of phone calls to
The Mission Continues donors to let them know he would be transitioning and
stepping down as CEO, and then I also believe the purpose was to have a list of
contacts, because, like I said, these were his contacts, his friends and family
members and colleagues, people he had brought into The Mission Continues who
were supporters of his, and I believe that he – you know, for convenience’s sake,
he wanted their contact information in one place and one list. 59
38.
Proctor recalled Reichardt “being sort of concerned and voicing those concerns
around, you know, sending a list of The Mission Continues Donors to Eric[.]” 60 She further
testified Reichardt “sort of feeling like, you know, putting together this list and, you know,
sending it to Eric felt, you know, inappropriate in some way.” 61 Reichardt denied ever speaking
of such concerns. 62
39.
Proctor could not recall anyone from TMC stating that the list could be used for
political purposes or for any purpose other than transition calls. 63
40.

Kympton did not recall any alternative purpose for providing the TMC donor list:
[T]he original email that was sent sometime earlier – I mean, beginning on May
8th of 2014, was part of an overall plan that our development team constructed to
guide the external communication of our CEO’s transition. So that sat a week or
two after Eric had communicated internally that his plan was to transition from
the CEO role over that summer – so several months later.
So this was our first step in our development team’s first step at guiding a
proactive communications plan with our partners to not only communicate the
transition itself but also talk about how The Mission Continues would be a going
concern, how their partnership in support of The Mission Continues would
continue to be valued by the organization and just – it was all part of a natural
transition plan that we had created. 64

57

Tr. Proctor at 24:1-7.
Tr. Proctor at 25:7-9.
59
Tr. Proctor at 24:20 to 25:6.
60
Tr. Proctor at 25:13-17.
61
Tr. Proctor at 76:23 to 77:1.
62
Tr. Reichardt at 24:19-23.
63
Tr. Proctor at 26:15 to 27:19, responding in the negative to questions posed by Rep. Barnes.
64
Tr. Kympton at 33:7-23.
58

Page 10 of 22

 41.
When asked whether there was any purpose other than the transition calls for
“providing Mr. Greitens the full list of The Mission Continues donors who had given over a
thousand dollars,” Reichardt answered, “Not to my knowledge.” 65 Reichardt gave the same
answer to questions of whether there was any express or implied consent for “Mr. Greitens to use
this list of donors over $1,000 for political purposes.” 66
42.
Kympton testified that the TMC NDA applied to the TMC donor list. When asked
if there was an exception to the NDA for political activity, Kympton responded, “There are no
exceptions.” He further explained that he could not “see a case where there would be an
exception made” and “[i]t would not have been an authorized use of any information from The
Mission Continues’ point of view.” He also characterized it as “a misuse, as far as The Mission
Continues is concerned.” 67
43.
Kympton testified that he was not aware of any implicit or explicit authorization
to use the TMC list for political purposes. 68 He further stated, “I have not seen any evidence that
there was any authorization to Mr. Greitens, either in the context of his role as CEO or after, to
suggest any authorization to use it for political purposes.” 69
44.
Reichardt agreed that there were individuals and corporations who donated more
than a thousand dollars to TMC for whom Greitens was not primarily responsible. 70
45.
On May 24, 2014, Greitens met with Laub and others for ten hours to discuss a
“future race for governor.” 71 In preparation, Laub created a memo for Greitens that established
the first objective of “establish a personal relationship with five candidates outside of Missouri
who can be called-upon for personal favors during Eric’s campaign for Governor.” 72
46.
In an email sent May 26, 2014, Fink suggested that Greitens open a campaign
committee that spring. 73 However, Laub responded that “this is silly.” In his deposition, he
explained, “Eric’s key to victory was timing and this would have disrupted that.” 74 Laub
explained, “The later the better,” on when it was the right time for Greitens to enter the race. 75
47.
On May 28, 2014, just 17 days after Greitens received the TMC donor list, he
asked Danny Laub to sign an NDA that, like the TMC NDA, protected “donor lists” from

65

Tr. Reichardt at 23:7-10; 23:11 to 24:6, rejecting contention that list was sent for “Mr. Greitens own use because
these were his contacts, his friends, his family, his family members, and his colleagues, and it would be good to have
a reference list for him to get in touch with them in the future.”
66
Tr. Reichardt at 24:11-18.
67
Tr. Kympton at 21:19 to 24:3.
68
Tr. Kympton at 24:15 to 25:9.
69
Tr. Kympton at 29:3-10.
70
Tr. Reichardt at 18:21 to 19:1, responding in the affirmative to question posed by Rep. Barnes.
71
Tr. AGO Laub at 111:1-4.
72
Tr. AGO Laub at 90:23 to 95:24; AGO Laub, Ex. 12.
73
AGO Laub, Ex. 13.
74
Tr. AGO Laub at 118:22-24.
75
Tr. AGO Laub at 119:3-5.

Page 11 of 22

 disclosure to third-parties. 76 The Greitens’ campaign NDA specified that “EG is exploring plans
regarding a potential career endeavor involving public service[.]” 77
48.
On August 14, 2014, Greitens scheduled a conference call with political
consultants Steve Michael and Dave Hagemen. 78
49.
On October 15, 2014, Proctor sent an email to Laub and Tyler Holman regarding
a meeting on Monday, October 20, 2014. Proctor indicated she would bring “[a]ll of the donor
lists that we’ve collected so far” to the meeting. 79 The TMC donor list was one of those lists.
Proctor testified that Greitens had talked to her multiple times about “the importance of the TMC
donor list to support future political fundraising efforts.” 80
50.
On December 1, 2014, Laub was hired by Greitens. Laub testified that, at this
time, there was “definitely a future gubernatorial campaign” and Laub’s role included “political
planning,” meaning “everything from…surveying the landscape, figuring out who Eric should
meet with, figuring out how to achieve at this point … how to achieve success.” 81 At the time,
however, Laub was paid by Eric Greitens, LLC. 82 Also on December 1, 2014, Proctor emailed
Laub a document from Greitens titled “Candidate’s Intent.” 83 It provided detailed campaign
plans, including fundraising plans to achieve $8 million in commitments; messaging plans that
sought answers to the questions “Why I’m Running” and “Why I’m a Republican.” 84

51.
On December 5, 2014, Greitens convened a meeting to discuss the campaign. 85
Laub testified that he first learned of the TMC list at this meeting. 86 Several people attended this
meeting, including Jennae Neustadt, Mark Bobak, Chris Bobak, and Fink. 87 The attendees
reviewed the TMC donor list at this meeting. 88
52.
Hafner began working for pay in January 2015. Although Hafner’s work was
strictly political, his initial pay was from either The Greitens Group or Eric Greitens
personally. 89
53.
Greitens for Missouri did not report Laub’s or Hafner’s pay as in-kind
contributions from The Greitens Group to the campaign.

76

AGO Laub, Ex. 14.
AGO Laub, Ex. 14.
78
Ex. 3.
79
AGO Proctor, Ex. 16.
80
Tr. AGO Proctor at 116:1-17.
81
Tr. AGO Laub at 25:13 to 26:20.
82
Tr. AGO Laub at 181:7-10. Eric Greitens LLC is d/b/a The Greitens Group.
83
AGO Laub, Ex. 26.
84
AGO Laub, Ex. 26.
85
Tr. AGO Laub at 186:16-19.
86
Tr. AGO Laub at 186:19.
87
Tr. AGO Laub at 171:3-25; 186:20-23.
88
Tr. AGO Laub at 172:7 to 174:18.
89
Tr. Hafner at 7:3-15; 89:21 to 90:2.
77

Page 12 of 22

 54.
On January 6, 2015 at 1:57 p.m., the following invitation was sent to Hafner,
Proctor, and Laub for a campaign “Finance Meeting” for 10 a.m. the next morning. 90

55.

Four minutes later, Proctor sent an email to Laub and Hafner: 91

90

Ex 3 at 1; Tr. Hafner at 9:6-14.
The list labeled “EG fnce prospects 061714.xlsx” was provided by Mason Fink, an unpaid informal advisor, but,
to the best of the Committee’s knowledge, never reported as an in-kind contribution. The “Schweich list.xlsx” was
provided by Steve Michael, an employee of Victory Enterprises, an eventual vendor for the campaign.
91

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 56.
The attachment labeled “All donors 1K total and up – as of 5-7-14.xlsx” was
TMC’s donor list – as sent to Proctor and Greitens by TMC for the purpose of “transition calls”
when Greitens left TMC in May 2014. 92
57.
direction. 93

Hafner and Proctor testified that Proctor sent the TMC list at Greitens’

58.
Proctor testified “there was no confusion” when she shared the list with Hafner
and Laub at Greitens’ direction that they were going to use it to support “the political campaign”
and, in particular, “political fundraising.” 94 Laub also testified that the TMC list was used to
create a campaign fundraising list 95 and that, at the direction of Greitens, Hafner used the TMC
list to create a campaign fundraising list. 96
59.
Proctor testified she never received authorization to share the list from anyone
other than Greitens, and that Greitens directed her to share the list after he left TMC. 97
60.
The TMC list contained the names, phone numbers, email addresses, donations,
and other details of every individual, company, or non-profit that had donated $1,000 or more to
92

Ex. 32
Tr. Proctor at 28:10-16, “It would have been at Eric’s direction.”; Tr. Hafner at 11:13-16.
94
Tr. AGO Proctor at 122:8-21.
95
Tr. AGO Laub at 202:4-13.
96
Tr. AGO Laub at 211:19 to 212:7.
97
Tr. AGO Proctor at 133:3-16.
93

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 TMC. The list contained the information for more than 500 individuals and hundreds of
businesses and foundations that had given to TMC. 98
61.
Proctor testified that Greitens viewed the TMC list as his own list of friends,
family, and supporters that he had built up with his own labor and endeavors from the beginning
of the organization. 99
62.
Greitens, did, in fact, put substantial labor into cultivation of donors for the list.
However, Greitens earned a salary as CEO of TMC for most of that time, and other people also
put labor into cultivation of the list. 100
63.
TMC’s President Spencer Kympton explained that the list contained more than
just Greitens’ friends, family, and supporters. When asked, “A previous witness testified that Mr.
Greitens thought – essentially thought of this list as his own, that the list was comprised of his
friends, his contacts that he had built up. … Do you believe that to be true?,” Kympton
responded:
I would not characterize this list that way. This list is a list of 500 – more than 500
donors, supporters, partners of The Mission Continues who had given collectively
or over time $1,000 or above to The Mission Continues. Within this list might be,
you know, friends or family of Eric Greitens that have transitioned into being
supporters of The Mission Continues, but as context, I have friends and family
who are on this list; other staff members from The Mission Continues have family
on this list. There are individuals on this list who came into The Mission
Continues relationship via events that we ran, and they might have been invited
by host committee members to those events. There are individuals on this list who
came into a relationship with The Mission Continues by the company that was
supporting The Mission Continues. So I think that there certainly are individuals
on this list who might have been a friend or family member of The Mission
Continues, but I would very much characterize this list as a list of supporters and
partners of The Mission Continues that came from a variety of different pathways
to that relationship. 101
64.
Reichardt testified that she did not view the list as Greitens’ personal list, 102 and
that there were donors on the list for whom Greitens was not responsible. 103
65.
Hafner testified that the Greitens campaign used the TMC list for fundraising
purposes, stating there were two fundraising meetings in January, and “at least in one of those
98

Ex. 3 at 3-24.
Tr. Proctor at 23:24 to 24:7
100
See Reichardt testimony set forth above; Tr. Reichardt at 11:4 to 19:1
101
Tr. Kympton at 34:10 to 35:24, further testifying that “Yes. Of course” he keeps a separate contact list for his
friends and family than the TMC list.
102
Tr. Reichardt at 23:11 to 24:6, rejecting Proctor’s contention that list was sent for “Mr. Greitens own use because
these were his contacts, his friends, his family, his family members, and his colleagues, and it would be good to have
a reference list for him to get in touch with them in the future.”
103
Tr. Reichardt at 14:23, responding in the affirmative to question posed by Rep. Barnes.
99

Page 15 of 22

 meetings we went through the list.” Greitens gave Hafner “notes on specific donors. And of
course, donors were selected based on their ability to give which is denoted in the list of their
lifetime giving history to The Mission Continues.” 104
66.

Kympton and TMC expressly stated that it did not authorize this disclosure or

use:
a. “The Mission Continues did not provide nor authorize any use of our donors’
information to the Greitens campaign or any persons or groups for political or
campaign purposes;” 105
b. “Any use of The Mission Continues resources for any political or other
unauthorized purpose would violate our policies and the trust we expect from
each member of our staff.” 106
67.
Hafner, an experienced campaign professional, testified that it was the first time
he had ever used a charity’s donor list in the course of a political campaign. 107
68.
Hafner testified that on January 19, 2015, Greitens instructed him to meet with
Reichardt
about the list because Greitens did not know a number of persons on it:
So after going through The Mission Continues donor list, at some point during the
process, Mr. Greitens didn’t recall a number of names from the list and I was
directed – he directed me to set up a meeting with Lindsey Reichardt who it was
indicated that she was either a current employee or a former employee of The
Mission Continues. And Eric indicated that she would have more extensive
information on many of the donors from the list and that I needed to reach out to
her to go over the list with her. I never met with Lindsey. I don’t recall ever
reaching out to her, but it’s possible I could have. But to my knowledge, I don’t
think she ever came into the office, and I certainly never met with her personally
to go over the list. 108
69.

Both Hafner and Reichardt testified that they never had a meeting. 109

70.
On January 28, 2015 Hafner emailed Proctor, Laub, and Chris Bobak seeking
help obtaining information for an initial fundraising list. Hafner noted that he “need[ed] the
contact information that Eric already has for these people (and I assume that is all in
SalesForce?).” Proctor responded that Hafner should check TGG’s account at salesforce.com,

104

Tr. Hafner at 16:3 to 17:6.
Tr. Kympton at 36:18 to 37:1.
106
Tr. Kympton at 37:3-8.
107
Tr. Hafner at 55:11-21.
108
Tr. Hafner at 19:9 to 20:2.
109
Tr. Hafner at 19:23; Tr. Reichardt at 28:25 to 29:1.
105

Page 16 of 22

 but pointed out, “Some of these will not be in salesforce. If not, I would suggest checking The
Mission Continues list.” 110 Proctor then attached the TMC list to her response. 111
71.
Hafner and Laub testified that Hafner used the TMC list to create donor call lists
112
in 2015. Hafner sent call lists to Greitens that were derived in part from the TMC list on at
least February 5, 17, and March 20. 113 At the time Hafner sent the donor call lists, there was no
campaign in existence to which donations could be made. However, Laub testified Greitens “was
indeed making calls” during this time period, agreeing that Greitens was “getting commitments
but not actually getting checks.” 114
72.
On February 25, 2015, the campaign filed a Statement of Committee Organization
creating the entity Greitens for Missouri. 115
73.
On April 22, 2015, after Hafner was no longer working for the Greitens
campaign, Proctor emailed the TMC list to Meredith Gibbons, the new finance director for
Greitens for Missouri. 116 As set forth below, Proctor’s email notes the attachment “is The
Mission Continues donor list through May 2014 when Eric stepped down as CEO. So anything
in late 2014 won’t be included here or anything from 2015.”

110

Ex. 5.
Tr. AGO Proctor at 107:3-13.
112
Exs. 7, 8, 9.
113
Exs. 7, 8, 9.
114
Tr. AGO Laub at 250:12-25.
115
This document is available on the website of the Missouri Ethics Commission.
116
AGO Proctor, Ex. 19.
111

Page 17 of 22

 74.
Proctor testified that she shared the list with Meredith Gibbons at Greitens’
direction so that it “would be used for political fundraising.” 117 She further testified that she was
instructed by Greitens to use the lists for these purposes. 118
75.
Reichardt testified that she met with Gibbons for lunch and Gibbons “provided
[her] with a list of people that Eric was considering asking for money for the campaign.”119
Reichardt testified that she could not recall the size of the list Gibbons brought to the meeting,
but that, for the persons listed “she asked if any of them would be good prospects.” 120 While
Reichardt could not recall the size of the list or whether it was the same as the list disclosed in
the transition email, she did recall that Gibbons asked about a particular large donor to The
Mission Continues.121

117

Tr. AGO Proctor at 123:12-24.
Tr. AGO Proctor at 123:18-24.
119
Tr. Reichardt at 30:18 to 31:1.
120
Tr. Reichardt at 31:4-6.
121
Tr. Reichardt at 49:23 to 51:3.
118

Page 18 of 22

 76.
Proctor testified that she was aware of the meeting between Reichardt and
Gibbons regarding the TMC list.122 Proctor’s “understanding was that Eric asked Lindsey to
meet with Meredith” and that the meeting “occurred in probably mid to late 2015.” 123
77.
explained,

In August 2015, Greitens stepped down from the board of TMC. Kympton
“[A]t that time, Eric notified both me and, as I recollect, our board chair that he
was preparing to announce his candidacy for governor, and those conversations
suggested that it was probably in the best interest of The Mission Continues, at
that time to, and for Eric to step away from the board to avoid any types of
conflict of interest that might arise as having a candidate for political office
involved formally on our board.” Kympton identified “the use of Mission
Continues resources for political purposes” as an example of such a conflict but
stated that the board was not aware of the use of the TMC list at that time. 124

78.
Kympton first became aware of Greitens’ political use of TMC resources in
August 2016, but did not yet have knowledge of the Greitens’ campaign’s use of the TMC donor
list. 125 At that time, Kympton exchanged correspondence with Austin Chambers, campaign
manager for the Greitens campaign for governor, regarding concerns about a “Greitens
advertisement and fundraising campaign” that Kympton feared “jeopardize[d] [TMC’s] status as
a 501c3.” In particular, among other things, Kympton was concerned with a link that “explicitly
align[ed]
[TMC’s]
trademarked
name
with
a
political
campaign
effort:
https://donate.ericgreitens/com/mission-continues” and with a website video titled “Eric
Greitens: The Mission Continues” which was on a fundraising page. 126 Chambers responded:

122

Tr. AGO Proctor at 95:7-18.
Tr. AGO Proctor at 96:1-19.
124
Tr. Kympton at 38:16 to 39:3.
125
Tr. Kympton at 39:19 to 40:5.
126
Ex. 22
123

Page 19 of 22

 79.
Greitens’ attorney Mike Adams responded, “Obviously, the Campaign wishes
The Mission Continues nothing but the greatest success in its worthy cause and would do
nothing to jeopardize its tax-exempt status.” Adams then quotes and discusses IRS guidance that
an organization would jeopardize its 501(c)(3) status by “[a]llowing a candidate to use an
organization’s assets … if other candidates are not given an equivalent opportunity.” Adams and
the Greitens campaign agreed to cease using a photo it took at TMC offices but failed to notify
TMC that the campaign was using the TMC donor list for political fundraising.
80.
News reports from the fall of 2016 indicate that cross-referencing the names on
the TMC list with Greitens campaign donors reveals that the campaign raised nearly $2 million
from persons or organizations on the TMC list.127
81.
In approximately November 2016, an ethics complaint was filed against Greitens
and Greitens for Missouri for failure to report the TMC list as an in-kind donation.
82.
In a subsequent filing with the Missouri Ethics Commission, Greitens and his
campaign admitted that the campaign used the TMC list for fundraising purposes. 128
83.
Documents and testimony from Hafner and Proctor establish that Greitens himself
utilized prospective donor call lists that included information taken from the TMC list. 129

127

See http://www.ky3.com/content/news/greitens-campaign-donations-396579511.html. The committee notes that
it may begin the process of cross-referencing donors to reach a precise amount, but, due to the time constraints, has
not done so yet.
128
Ex. 11 at ¶6.
129
Tr. Hafner at 33:11 to 37:11; Exs. 7, 8, 9; Tr. Proctor at 35:3-5.

Page 20 of 22

 84.
In April 2017, Greitens signed a Joint Stipulation of Facts, Waiver of Hearing
Before the Missouri Ethics Commission and Consent Order with Joint Proposed Findings of Fact
and Conclusions of Law in Missouri Ethics Commission v. Greitens for Missouri and Eric
Greitens in MEC Case No. 16-0107-1. 130
85.

Greitens admitted that the campaign used the list to contact donors. 131

86.
Greitens asserted that the TMC list was an in-kind contribution received from
Danny Laub on March 1, 2015 and had a value of $600. 132
87.
On April 28, Greitens signed an amended campaign finance report for April 15,
2015, which also asserted that Laub donated the TMC list on March 1, 2015 with a value of
$600. 133
88.
Greitens electronically signed below the statement, “I certify that this report,
comprised of this cover page and all attached forms, is complete, true, and accurate.” 134
89.

In fact, however, the list was not an in-kind contribution from Danny Laub:
a. Laub was never an employee of TMC, and thus, was not able to authorize
disclosure or use of the list; and
b. The list was sent to Laub and Hafner by Proctor at Greitens’ direction. 135

90.
Laub testified that Austin Chambers called him on April 24, 2017. 136 After
exchanging pleasantries, Laub described their conversation:
And then Austin says to me, “I don’t know if you know this, but there’s a bullshit
ethics complaint filed against us by the Democrat party about this Mission
Continues donor list.” And he said, “I need someone who was on the campaign at
the time, because I wasn’t, to put their name down so we can get this bullshit
complaint dismissed. We will pay” – assuming him and the campaign – “will pay
the fine, but we need to put someone’s name down who was on the campaign at
the time, and I was not.” And he said, “Can we put your name down?” 137
91.
Laub testified that he told Chambers the Greitens campaign could “put [his] name
down,” which he “assumed … meant that [he] was the manager of the campaign at the time or in
charge of the campaign at the time.” 138 Laub learned a week later that “putting his name down”
130

Ex. 11.
Ex. 11 at ¶6.
132
Ex. 11 at ¶10. See Ex. 34 for email negotiations on the value of the list between Greitens’ counsel and the MEC.
133
Ex. 10 at 2,9.
134
Ex. 10 at 1.
135
Tr. Hafner at 39:4-10.
136
Tr. AGO Laub at 269:2-11.
137
Tr. AGO Laub at 270:3-17.
138
Tr. AGO Laub at 270:18 to 271:2.
131

Page 21 of 22

 as the donor of the TMC list “was not what I thought I told Austin on the phone he could use my
name for.” 139 Instead, Laub testified that he had been “affirmatively misled” by Chambers. 140
92.
Laub testified that if Chambers had not misled him that he “would never have
agreed for it to be perceived or otherwise that I in-kinded a list that I did not in-kind.” 141 Laub
testified he would have never authorized Chambers to use his name as someone who donated the
list “because that’s untrue.” 142 Further, Laub testified that the TMC list was not donated to the
campaign on March 1, 2015. 143 Instead, he testified that nothing happened with the TMC list on
that date.
93.
Laub agreed that Greitens’ amended campaign finance report regarding the TMC
list as an in-kind contribution was “false in every particular.” 144 Laub further testified that
everything of substance in the settlement agreement between Greitens and the MEC was
untrue. 145
a. Laub did not contribute the list to the campaign. Instead, it was contributed by
Greitens himself through his directions to Proctor. 146
b. The list was not donated to the campaign on March 1. Instead, its first use that
Laub could remember was in December 2015, and the email records show its
disclosure and use on January 6 and January 7. 147
94.
Laub stated that the “whole document made [him] sick … because it was
misrepresented [and] because [he] was in a round of news stories falsely portraying what
happened.” 148

139

Tr. AGO Laub at 272:12-20.
Tr. AGO Laub at 275:18-22.
141
Tr. AGO Laub at 276:2-4.
142
Tr. AGO Laub at 277:18-22.
143
Tr. AGO Laub at 278:2-5.
144
Tr. AGO Laub at 278:22 to 279:1.
145
Tr. AGO Laub at 281:7-12.
146
Ex. 3; Tr. Proctor at 28:10-16, “It would have been at Eric’s direction.”; Tr. Hafner at 11:13-16.
147
Ex. 3.
148
Tr. AGO Laub at 282:14-20.
140

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