Thursday, February 08, 2018

ERIKA LORENZ ALBA: SJC Commission candidate's election ethics crisis -- Her AIF PAC Charter Expired in 2014. Oops!

Republican St. Johns County Commission candidate ERIKA ALBA is a lobbyist and lied about it.  Triple-dipping, she's a FOLEY & LARDNER law firm partner, General Counsel to the Associated Industries of Florida (AIF), General Counsel to Rep. RONALD DEON DeSANTIS' Governor's campaign.

AIF  let its Political Action Committee's charter expire in 2014, potentially rendering millions of dollars in corporate campaign contributions illegal as ultra vires acts under corporate law.

Why it matters:
  • ERIKA ALBA being General Counsel to BOTH the DeSANTIS campaign and the state's largest corporate lobby raises ethics concerns. 
  • ERIKA ALBA is licensed in both Florida and California.
  • ERIKA ALBA lied to me February 6, saying "I'M NOT A LOBBYIST."
  • ERIKA ALBA's lobbying reports show work from 2010-2016 and compensation 2010-2017.
  • ERIKA ALBA was on the cover of Influence Magazine in Winter 2016 for its cover story, "LOBBYING AVENGERS."
  • ERIKA ALBA is a partner in an international 900-lawyer corporate law firm with twenty offices.
  • ERIKA ALBA told me her law firm has "a million clients."
  • Florida law prohibits officials' contracts creating conflicts of interest. F.S. 112.313(7)(a).
  • St. Johns County voters have never elected a lobbyist to County Commission.
  • Electing corporate lobbyist ERIKA ALBA would raise state and federal law concerns.
  • AIF is the biggest pro-gambling, anti-environmental, anti-worker lobby in Florida.  
  • AIF entertains and. contributes lavishly, funded by Big Sugar, HCA, electric power companies and other oligopolists and monopolists.  
  • Allowing AIF's corporate charter to expire is possible legal malpractice. ERIKA ALBA  could face law firm sanctions and state and federal criminal, civil and administrative investigations. 
  • ALBA is AIF's former Chair, and a friend of Gov. RICHARD LYNN SCOTT, who served on AIF's board until after his election in 2010.
  • St. Johns County Republicans are already talking: one former elected official says they may wish to nominate "Anyone But ALBA" (ABA) as their nominee in the August 2018 primary election.
  • See correspondence below.
UPDATE: February 9, 2018, 10 PM:  No response from ALBA, FOLEY & LARDNER or AIF.

UPDATE 5:30 PM, February 8, 2018: No response from Associated Industries of Florida, whose Political Action Committee FAILED to renew its corporate charter -- three (3) years, four (4) months and thirteen (13) days ago. No response from ERIKA LORENZ ALBA, AIF General Counsel, General Counsel for Rep. RONALD DEON DeSANTIS' Governor candidate, and flailing Republican candidate for St. Johns County Commission, seat 4. In the words of Wm. F. Buckley, Jr., "Why does baloney reject the grinder?"


Third from right on left on cover of Winter 2016 "INFLUENCE MAGAZINE," Foley & Lardner lobbyist ERIKA LORENZ ALBA, who told me February 6, 2018, "I'm not a lobbyist!"

AIF is the biggest anti-union, anti-progress and pro-gambling lobby in Florida

Associated Industries of Florida fete marking beginning of 2016 legislative session

 Florida Governor RICHARD LYNN SCOTT at Associated Industries of Florida fete,
 marking beginning of 2017 legislative session

Cartel HQ: Associated Industries of Florida offices in Tallahassee


Another Associated Industries of Florida fete marking beginning of 2018 legislative session











Foley & Lardner lawyer HERSCHEL VINYARD, 
Disgraced Former Florida Department of Environmental Protection Director; 
Under Governor RICHARD LYNN SCOTT, 
DEP stands for "Don't Expect Protection"


ERIKA ALBA's Good Friend, Gov. RICHARD LYNN SCOTT, speaks to AIF 2016 Conference





Republican St. Johns County Commission candidate ERIKA LORENZ ALBA, lobbyist, who formerly lobbied for Sheriff DAVID SHOAR and Martin Fiorentino, is currently a Foley & Lardner partner, General Counsel to RONALD DEON DeSANTIS' Governor campaign, and the former Chair and current General Counsel to Associated Industries of Florida, Inc. (AIF). ERIKA ALBA faces a crisis today.

An arm of the National Association of Manufacturers (NAM), AIF is the largest pro-gambling and anti-union lobby group in the State of Florida.

AIF presents itself as a well-oiled machine, on whose board Governor RICHARD LYNN SCOTT sat until his inauguration in 2011.

But AIF's Political Action Committee lost its corporate charter three (3) years, four (4) months and thirteen (13) days ago.  AIF failed to write a check for a modest amount to the Florida Secretary of State.  Hence, AIF's actions in donating millions of dollars  to right-wing politicians may have been illegal and ultra vires.

On February 6, 2018, ALBA approached me at the County Administration building, saying "I'm not a lobbyist."  ERIKA ALBA lied to me.

As to her expired AIF PAC corporate charter and triple conflicts of interest, I've asked for information from AIF, its President (disgraced ex-Congressman TOM FEENEY), Foley & Lardner, and the Florida Attorney General, Secretary of State, Ethics Commission, Elections Commission, et al.:



-----Original Message-----
From: Ed Slavin
To: elalba ; jclark ; tfeeney ; bbevis ; aif ; dbailey ; sbayliss ; sbusk ; tperdue ; chinson ; rmccrae ; whunter ; jrothman ; sjaspan ; rdupuy ; wlopez ; mprice ; mthompson ; ccoo ;
Subject: Ethics Issues re: Foley & Lardner law firm partner ERIKA LORENZ ALBA, candidate for St. Johns County Commission? (Request No. 2018-12: Associated Industries of Florida & AIFPAC, Inc.)






Dear Ms. Alba and Messrs. Clark, Rothman, Jaspan, Lopez, Price, Dupuy, Thompson, Aprahamian, Feeney, Bevis, Bailey, Ms. Coo, et al:
1. Please read my February 8, 2018 e-mail (below).  
2. I would appreciate a response today from  Foley & Lardner and Ms. Erika Lorenz Alba, who is simultaneously:
(a) Associated Industries of Florida (AIF)  General Counsel; 

(b) Florida Governor candidate Ronald DeSantis's campaign General Counsel; and
(c) A Republican primary candidate for St. Johns County Commissioner.
3. Are those three roles a conflict of interest or appearance of impropriety?
4. Was it malpractice to allow the Associated Industries of Florida Political Action Committee (AIFPAC) corporate charter to expire in 2014?
___ Yes
___ No
5. How can lobbyist Erika Alba, AIF General Counsel, ever serve as a St. Johns County Commissioner without running afoul of state and federal laws, including F.S. 112.313 and the Hobbs Act?
6. Has Foley & Lardner's General Counsel ever issued an ethics opinion?  
7. Has AIF obtained independent legal advice about ethics issues?
8. If so, please share documents.  
9. Will Foley & Lardner and AIF kindly research, investigate and advise me when you have completed your research? 
10. I look forward to hearing from you.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin
To: Candie.Fuller ; David.Fugett ; Brenda.Vorisek ; Maria.Matthews ; stillman.kerrie ; fec ; pat.gleason
Sent: Thu, Feb 8, 2018 3:16 pm
Subject: Re: Request No. 2018-13: Associated Industries of Florida & AIFPAC, Inc. Corporate Charter Expired in 2014
Good afternoon:
1. Please send me any Florida Secretary of State, Attorney General, Ethics Commission or Elections Commission documents concerning Associated Industries of Florida PAC, Inc. and the legal consequences of its corporate charter expiring in 2014. 

2. Please see below for text of SoS sunbiz.org website establishing that the charter expired.
3. Please include any cease and desist or demand letters or subpoenas issued to AIFPAC.
4. What are the legal consequences for a Florida PAC having NO corporate charter for more than three (3) years and four (4) months?  
5. Please provide all documents, including any Florida AG opinions, by close of business tomorrow, February 9, 2018.

Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: elalba <elalba@foley.com>; tfeeney <tfeeney@aif.com>; bbevis <bbevis@aif.com>; aif <aif@aif.com>; dbailey <dbailey@aif.com>; sbayliss <sbayliss@aif.com>; sbusk <sbusk@aif.com>; tperdue <tperdue@aif.com>; chinson <chinson@aif.com>; rmccrae <rmccrae@aif.com>; whunter <whunter@aif.com>
Sent: Thu, Feb 8, 2018 2:52 pm
Subject: Request No. 2018-12: Associated Industries of Florida & AIFPAC, Inc.












Dear Ms. Alba and Messrs. Feeney, Bevis, Bailey, et al:
1. Please send me a list of each of the members of the Associated Industries of Florida (AIF).

2. What is AIF PAC's current legal status?
3. I looked for AIF PAC's corporate charter on the Florida Secretary of State's sunbiz.org website and found that its corporate charter reportedly expired 1231 days ago, for nonpayment of its modest annual renewal fees on 09/26/2014 -- that's three (3) years, four (4) months and thirteen (13) days ago:

Detail by Entity Name

Florida Not For Profit Corporation
ASSOCIATED INDUSTRIES OF FLORIDA POLITICAL ACTION COMMITTEE, INC.
Filing Information
73033159-154166907/31/1974FLINACTIVEADMIN DISSOLUTION FOR ANNUAL REPORT09/26/2014NONE
Principal Address
516 N. ADAMS STREET
TALLAHASSEE, FL 32301

Changed: 05/14/1993 
Mailing Address
PO BOX 10085
TALLAHASSEE, FL 32302

Changed: 05/14/1993 
Registered Agent Name & AddressPERDUE, TAMELA I
516 NORTH ADAMS STREET
TALLAHASSEE, FL 32301

Name Changed: 04/26/2011

Address Changed: 04/26/2011 
Officer/Director DetailName & Address 

Title C 

HINSON, CHARLES OIII 
106 EAST COLLEGE AVE. STE 630
TALLAHASSEE, FL 32301

Title T 

MCRAE, ROBERT D 
516 N ADAMS
TALLAHASSEE, FL 32301

Title P 

FEENEY, THOMAS CIII 
516 N. ADAMS ST
TALLAHASSEE, FL 32301

Title D 

BAILEY, DOUG S 
ONE BUSCH PLACE - MC 202-8
ST. LOUIS, MO 63118

Title VC 

HUNTER, WILLIAM 
307 WEST PARK AVENUE, SUITE 214
TALLAHASSEE, FL 32301

Title S 

PERDUE, TAMELA I 
516 N ADAMS ST
TALLAHASSEE, FL 32301
Annual Reports
Report YearFiled Date
201104/26/2011
201204/27/2012
201304/16/2013



4. This 2014 expiration of AIFPAC's charter appears to be a serious breach of state and federal law -- don't y'all agree?
5.  Could it be that all of AIFPAC's campaign contributions since 09/26/2014 were illegal and ultra vires?
6. Please advise me today: Does AIFPAC plan on advising the Federal Elections Commission and the Florida Elections Commission, and all of the candidates to which AIFPAC has contributed, 2014-2018?  If not, why not?
7. If so, please send me ALL copies of any such advisories.
8. I look forward to hearing from you today.
9. Please cease and desist from ALL AIF PAC activities until AIF PAC has a valid, legal corporate charter
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

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