LAW OFFICES OF

J . W HITFIELD L ARRABEE
TRIAL AND APPELLATE LAWYERS
14 SEARLE AVENUE
BROOKLINE, MASSACHUSETTS 02445

TELEPHONE: (857) 991-9894

WWW.LARRABEELAW.COM
JW.LARRABEE@VERIZON.NET

January 4, 2019

The Florida Bar

651 E. Jefferson Street
Tallahassee, Florida 32399-2300

Re: Complaint Against Attorney Pamela J.Bondi

Dear Sir or Madam

Enclosed please find a complaint against Attorney Pamela J. Bondi.

I can provide additional documentary evidence further substantiating the allegations in

this complaint upon request.

Thank you for your time and consideration of these matters.

Very truly yours,

J. Whitfield Larrabee
 THE FLORIDA BAR

J. WHITFIELD LARRABEE )
Complainant )
)
V. )
)
PAMELA J. BONDI )
Respondent )
)

COMPLAINT

1. Pamela J. Bondi (“Bondi”) is licensed to practice law in Florida and is a lawyer subject to

the disciplinary authority this jurisdiction. Bondi formerly served as the Attorney General

of Florida. Her term in office as Attorney General expired on or about January 4, 2019.

2. From on or about August 2013 until the present, Bondi violated the Florida Rules of

Professional Conduct including, but not limited to: Rule 4-1.7, Rule 4-8.4 (a), Rule 4-8.4

(b), Rule 4-8.4 (c) and Rule 4-8.4 (d). Bondi violated and attempted to violate the Rules

of Professional Conduct. Bondi violated rules concerning conflicts of interest. Bondi

committed criminal acts and/or other violations of law that reflects adversely on the her

honesty, trustworthiness, or fitness as a lawyer in other respects. Bondi engaged in

conduct involving dishonesty, fraud, deceit, or misrepresentation. Bondi engaged in

conduct in connection with the practice of law that is unethical, prejudicial to the

administration of justice and undermines the integrity of the legal profession.

3. On or about the summer of 2013 Bondi spoke to Donald Trump (“Trump”) and

personally solicited a campaign contribution from him.1

1
Fineout, Gary, et al, Florida AG asked Trump for donation before nixing fraud case,
Associated Press, Jun. 6, 2016, https://apnews.com/e16a8223c24048d290883370dc6abe5b
4. In September of 2013 Bondi accepted a $25,000 political contribution from Donald

Trump and The Donald Trump Foundation at a time when Trump University and the

Trump Institute were the object of over 20 complaints that had been filed by Florida

residents with the Attorney General’s office. At the time that Bondi solicited and

accepted the $25,000 contribution, the complaints against Trump University and the

Trump Institute were under the review and investigation of the Attorney General’s Office.

At that time the Attorney General’s office was considering whether or not to join in

litigation brought by the New York Attorney General and others against Trump, Trump

University and the Trump Institute. As the Attorney General of Florida, Bondi was

responsible for protecting Florida consumers from the types of fraud and deceptive trade

practices that Trump, Trump University and the Trump Institute engaged in. After

accepting the $25,000 contribution, the Attorney General’s office declined to join in the

Trump University litigation or to offer any other substantial assistance to Florida residents

and consumers with complaints against Trump, Trump University or the Trump Institute

5. The contribution to Bondi was made by a check from The Donald J. Trump Foundation,

Inc. payable to And Justice For All, a political fund controlled by Bondi. Exhibit “A,”

attached hereto. The check was dated September 13, 2013.

6. On September 13, 2013, the Orlando Sun Sentinel reported that a spokesperson at the

office of the Attorney General of Florida announced that it was conducting a review of

the allegations in a New York lawsuit against Trump University.2

2
Burnett, Richard, N.Y.’s Trump U Suit Draws Florida Official’s Attention, Orlando
Sentinel, September 13, 2013,
http://articles.orlandosentinel.com/2013-09-13/business/os-trump-institute-complaints-20130913
_1_trump-entrepreneur-initiative-trump-university-florida-attorney-general

-2-
7. On September 17, 2013, a political group backing Bondi's re-election, called And Justice

for All, reported receiving a $25,000 contribution from the Trump Foundation. The And

Justice for All organization was established and maintained by Bondi. In a Statement of

Solicitation Filed by Bondi on August 6, 2013 with the Florida Division of Elections, as

required by § 106.0701, Florida Statutes, Bondi stated that she “established” and

“maintained” the Justice for All political organization.

8. On or before October 17, 2013, Jeane Meale, a spokeswoman for Bondi, indicated that

Bondi's office would take no action against Trump University.3 Bondi in fact elected not

to join in New York litigation against Trump University, and her office made no further

effort to initiate litigation against Trump University or the Trump Institute.4

Although there was sufficient evidence to bring litigation against Trump University and

the Trump institute, Bondi elected not to help Florida residents or consumers who were

victimized by Trump’s fraudulent enterprises.

9. While Bondi’s office claimed there were insufficient grounds to proceed with litigation

against Trump University and Trump Institute, the New York litigation against Trump

University settled in 2016 for $25 million.

3
Van Sickler, Michael, Trump contribution to Bondi re-election draws more scrutiny to
her fundraising, Tampa Bay Times, October 17, 2013
http://www.tampabay.com/news/politics/elections/trump-contribution-to-pam-bondis-re-election-
draws-more-scrutiny-to-her/2147796
4
Fineout, Gary, et al, Florida AG asked Trump for donation before nixing fraud case,
Associated Press, Jun. 6, 2016
Van Sickler, Michael, Trump contribution to Bondi re-election draws more scrutiny to
her fundraising, Tampa Bay Times, October 17, 2013

-3-
10. In March 2014, after Bondi had dropped her investigation, Trump opened his 126-room

Palm Beach mansion, Mar-a-Lago, for a $3,000-per-person fundraiser for Bondi.

The use of Mar-a-Lago was a donation of some value. Space at the resort is expensive to

rent, and Trump has charged his own presidential campaign roughly $140,000 per event

for use of the mansion. In contrast, the Republican Party of Florida paid only $4,855.65

for the Bondi fundraiser, cutting a check on March 25, 2014.

11. As Attorney General of Florida, Bondi was responsible for enforcing laws against

fraudulent and illegal activities by charities in Florida. The payment of charitable funds

to Bondi’s political fund was not a charitable contribution and involved fraud and

misappropriation of the charitable assets of the Donald Trump foundation.

12. Under the laws of the United States and Florida, it is unlawful for a charitable foundation

such as the Donald Trump Foundation to contribute funds to a political action committee,

and it is unlawful for a political action committee to accept such a contribution.5

13. Florida Statute 106.08 (5)(a)(b), provides that: “Candidates, political committees,

affiliated party committees, and political parties may not solicit contributions from any

religious, charitable, civic, or other causes or organizations established primarily for the

public good.” In soliciting, accepting and retaining the $25,000 contribution from the

Donald Trump Foundation, Bondi violated Florida Statute 106.08 (5)(a)(b).

14. Because U.S. and Florida law prohibits such contributions, the contribution was “not

authorized by law” within the meaning of Florida Statute § 838.015(1). This statute

prohibits the bribery of public officials such as the Attorney General of Florida. There

-4-
 are good grounds to believe that Bondi’s solicitation and acceptance of the illegal

$25,000 payment violated the prohibition on bribery under Florida Statute § 838.015(1).

15. The contribution was also prohibited by Florida Statute § 112.313(6) which provides:

“No public officer, employee of an agency, or local government attorney shall corruptly

use or attempt to use his or her official position or any property or resource which may be

within his or her trust, or perform his or her official duties, to secure a special privilege,

benefit, or exemption for himself, herself, or others.”6 Bondi violated the prohibition on

accepting charitable contributions for political organizations and failed to enforce the law

against herself, thereby securing a special privilege, benefit or exemption for herself and

her political fund.

16. As a 501(c)(3) organization, the Donald Trump Foundation is strictly prohibited from

making financial or in-kind political contributions. 26 U.S.C. § 501(c)(3) provides that

charitable foundations may not “participate in, or intervene in (including the publishing or

distributing of statements), any political campaign on behalf of (or in opposition to) any

candidate for public office.” Notwithstanding this prohibition, Trump arranged for the

Trump Foundation to make a $25,000 contribution to a political committee supporting

Bondi and signed a check from the foundation to Bondi’s political committee. The

committee, with Bondi’s knowledge and agreement, accepted this donation.7 There could

6
Attached hereto is a complaint made to the Florida Ethics Commission by Citizen’s For
Responsibility and Ethics In Washington (“CREW”) with documentation supporting the
allegations in the above captioned matter. The CREW complaint is incorporated by reference.
7
Only in 2016, years after accepting the contribution, did Bondi offer to return the illegal
donation to the Trump Foundation, and this only occurred after negative media publicity
concerning the improper transaction. Bondi and “And Justice For All” offered to return, but
never actually returned, funds to the Trump Foundation.

-5-
 be no confusion that the check came from Trump’s foundation, as the check was

emblazoned with The Donald J. Trump Foundation, Inc. in bold letters. Exhibit “A.”

17. Although Trump later reimbursed the Donald Trump Foundation for the $25,000 in

misappropriated funds and paid fine to the IRS, Bondi has retained and benefitted from

the illegally solicited and obtained $25,000 payment. Only in 2016, years after accepting

the contribution, did Bondi offer to return the illegal donation to the Trump Foundation,

and this only occurred after negative media publicity concerning the improper transaction.

Bondi and “And Justice For All” offered to return, but never actually returned, funds to

the Trump Foundation. Bondi never disgourged the illegally obtained and

misappropriated funds. Bondi participated in Trump’s fraud and theft from the Donald

Trump Foundation, and she profited from it. Because she has retained the money that

was stolen, misappropriated and illegally accepted from the Donald Trump Foundation,

Bondi’s ethical violations continue to the present time.

18. Trump has publicly declared that he gives political contributions to elected officials in

exchange for political favors. On July 16, 2016, while campaigning in Laconia, New

Hampshire, Trump spoke about Jeb Bush’s fundraising. He stated: "He raises 100

million, so what does 100 million mean? 100 million means he's doing favors for so

many people, it means lobbyists, it means special interests, it means donors...Who knows

it better than me? I give to everybody. They do whatever I want. It's true."8

8
Spodak, Cassie, Trump says Bush’s fundraising means he’s doing favors, CNN Politics,
July 17, 2015,
http://edition.cnn.com/2015/07/16/politics/donald-trump-new-hampshire-jeb-bush/index.html

-6-
19. On January 9, 2016, at a campaign rally in Clear Lake Iowa, which was broadcast on C-

SPAN, Trump boasted: “You know, it's interesting. I was looking at the ones I'm running

against. I've contributed to most of them -- can you believe it? I've contributed to most of

them. And one of them said, No, I don't think you've contributed to me. They found out I

did. I contribute to everybody. I've given to Democrats. I've given to Hillary. I've given to

everybody, because that was my job. I've got to give to them. because when I want

something I get it. When I call, they kiss my ass. It's true. They kiss my ass. It's true.”9

20. By soliciting money from Donald Trump while fraud complaints were under review by

her office, accepting money from Donald Trump and his foundation while fraud

complaints were under review by her office, and by keeping the money when it was clear

that the contribution was illegally made by a charity, Bondi undermined the integrity of

the legal profession in violation of the Florida Rules of Professional Responsibility. The

consumers who complained to the Attorney General’s office and the public could

reasonably conclude that Bondi exercised her discretion not to prosecute or take other

legal action against Trump University because she was influenced by the illegal $25,000

contribution and other gifts or political assistance that Trump and his daughter Ivanka

bestowed on Bondi.

9
C-SPAN broadcast, January 9, 2016, Campaign Rally in Clear Lake Iowa,
https://www.youtube.com/watch?v=w-li1B4Ceb0
York, Byron, Trump on buying politicians, ‘When I call, they kiss my ass’, Washington
Examiner, January 10, 2016, http://www.washingtonexaminer.com/trump-on-buying-politicians-
when-i-call-they-kiss-my-ass/article/2580063

-7-
21. Bondi joined with Trump in conduct involving corruption, dishonesty, deceit, fraud and

misrepresentation in violation of the law, in violation of her duties as Attorney General,

and in violation of her responsibilities as a lawyer.

22. Bondi committed one or more criminal acts involving bribery, fraud, theft and/or other

violations of Florida and federal law that reflect adversely on her honesty,

trustworthiness, or fitness as a lawyer in other respects.

23. Bondi had a duty of loyalty to the State of Florida and to the residents of Florida to act as

their attorney in the exercise of her duties as the Attorney General. Soliciting and taking

money from Trump and the Donald Trump Foundation while complaints against Trump

University were on file with and under review by the Attorney General’s office amounted

to a gross conflict of interest in violation of Rule 4-8.4 (a) and Rule 4-1.7.

24. Bondi’s solicitation, acceptance and retention of illegally obtained money and her other

corrupt activities described in this complaint were prejudicial to the administration of

justice in violation of Rule 4-8.4 (d) and other Rules of Professional Conduct.

CONCLUSION

Bondi corruptly abused her powerful position as the Attorney General of Florida in order

to gather campaign funds and to further her political career. She sold her office to Trump. She

violated the Florida Rules of Professional Conduct. It is important to the rule of law and to the

integrity of the legal profession that the Rules of Professional Conduct be applied to lawyers who

possess great power and not just to the lower ranks of the profession. Bondi has severely

undermined the integrity of the legal profession and should be disciplined accordingly.

-8-
 WHEREFORE, the complainant respectfully requests the Florida State Bar to fully

investigate the facts and violations described in this complaint and that it duly, expeditiously and

properly enforce the Florida Rules of Professional Conduct.

Respectfully submitted,

______________________________
J. Whitfield Larrabee
Law Offices of J. Whitfield Larrabee
14 Searle Avenue
Brookline, MA 02445
(857) 991-9894

CERTIFICATE OF SERVICE

I, J. Whitfield Larrabee, hereby certify that I served this complaint on the Florida State
Bar by first class mail on January 5, 2019.

______________________________
J. Whitfield Larrabee

-9-
 Attachment A

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