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Oregon Gtizens Alliance summoned to court by Jo n ath an Kipp lawsuit will be filed next week accusing the Ore­ gon Citizens Alliance, sponsor of the anti-gay Measure 9, of making fraudulent transfers of money, according to Portland attorney Brent Foster. The new legal trouble for the conser­ vative Christian organization stems from a judgment handed down by a Multnomah County court in the early 1990s. Catherine Stauffer, a free-lance photographer and contributor to Just Out, sued Scott Lively, executive direc­ tor Lon Mahon’s right-hand man, and the O C A Educational Foundation. She accused him of assaulting her in 1991, and a jury awarded her more than $31,000. An appeals court later upheld the ruling. Although Lively recently started making good on his debt when he dis­ covered he couldn’t practice law in the state of California with the judgment hanging over his head, the O C A never paid its portion— more than $17,000. The organization claims the education­ al foundation— its central entity— is broke. But Stauffer’s attorneys, Foster and The Oregon Citizens Alliance owes free-lance Thane Tienson, say more than $1 mil- photographer Catherine Stauffer more than $ 1 7 ,0 0 0 lion has passed through the O C A ’s bank account since the judgment. They allege that as money came in, Mahon’s wife, Bonnie, quickly would transfer it to other accounts, donate funds to other organizations (like Exodus Internation­ al, which works to “reform” homosexuals) and pay bills— many of which were payments to their own company, BJM Technical Support. “There is no question the O C A has trans­ ferred funds through the educational foundation to other entities,” Foster said. These entities, he added, put the money out of reach to satisfy Stauffer’s judgment. This is illegal, Foster explained. Oregon law prohibits fraudulent transfer of funds in an attempt to avoid creditors. Tire Mahons spent a portion of two days in recent weeks at the Multnomah County Court­ house testifying under oath during a judgment debtor examination. The hearing was conduct­ ed to review the O C A ’s financial records. Earlier, Stauffer’s attorneys got a restraining order from the court prohibiting the organiza­ tion from transferring or using any assets of the educational foundation that should he used to satisfy her outstanding judgment. Just Out and representatives from two other media outlets gained access to the hearings against the wishes of the Mahons and their attorney. At the Sept. 20 court appearance, the lawyer repeatedly advised his clients not to answer questions posed by Foster and Tienson. Lon Mahon did testify that he knew little about the financial goings-on at his headquarters. He said Bonnie, who is the treasurer of almost 10 OCA-relatcd organizations, is in charge of such matters. Mahon said he doesn’t know who owns the car he drives or how much the couple pay in rent for their apartment. They live at the O C A headquarters, located in Brooks near Salem, and run their business out of the same location. Two weeks later, Bonnie Mabon testified that the couple pay no rent because they are considered “caretakers” of the property. They said they have not taken salaries from the O C A in years— he since 1992 or 1993, she since 1996. They support themselves by running a mailing business started around 1996. Their customers? T he O C A family of orga­ nizations. Foster said issues about conflict of interest are pervasive throughout the O C A ’s organiza­ tions. The Mabons claim they, and the current O C A organizations, are not liable for the debt owed to Stauffer because the educational foun­ dation has no money and no assets. Stauffer’s attorneys asked Lon Mabon if he ever had thought about paying the judgment. His attorney advised him not to answer. A t the O ct. 2 hearing, the atmosphere was markedly different. T he Mabons’ once-aggres- sive attorney objected to few questions posed to his clients; in fact, he read the N ew York Times throughout much of the testimony. Bonnie Mabon testified that she has been returning checks made out to the educational foundation since the court froze the account. She testified that she did not know how much money was returned and denied keeping any record of the attempted donations. The checks in question were returned with letters explaining that the donations couldn’t he accepted, she testified. T he correspondence, the Mahons admit, was written on Yes on 9 letter­ head— a new entity they insist has no legal con­ nection to the educational foundation. Foster and Tienson think the couple violated the restraining order on the account by return­ ing the funds. The lawyers plan to argue to Cir­ cuit Court Judge Ellen Rosenblum that the Mabons he found in contempt of court. “It’s clear the restraining order on the educa­ tional foundation’s funds was violated,” Foster said. “The O C A again thumbed its nose at the court.” At the center of the fraud charge is a dona­ tion made by longtime supporter Opal Van Kommer last February. She wrote a check to the O C A ’s Trust Fidelity Investments— an account PH OTO BY ANN CHEN St. Stephen's Episcopal