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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Dec. 5, 2008)
DEC. 5, 2008 8pger:NWLP 12/2/08 10:21 AM Page 8 Bill Sizemore jailed on contempt of court charges By DON McINTOSH Associate Editor The law may be starting to catch up with diehard union foe Bill Sizemore. At a Dec. 1 court appearance, Mult- nomah County Judge Janice Wilson or- dered Sizemore jailed for contempt of court. It was his fourth contempt of court charge relating to an eight-year-old lawsuit by two teachers unions against Sizemore’s ballot measure operation. After a 2002 trial, a jury found that two Sizemore-run groups were guilty of a pattern of fraud and forgery in getting anti-union measures on the 2000 bal- lot. Sizemore was ordered to pay $2.5 millions in damages to the Oregon Ed- ucation Association and the American Federation of Teachers – Oregon, which had spent money to fight the measures. And the judge issued a de- tailed injunction barring Sizemore per- sonally from committing similar acts. The most recent contempt charge stems from Sizemore’s creation of American Tax Research Foundation (ATRF) in 2006. ATRF, a sham charity incorporated in Nevada, was used to launder contributions that supported Sizemore and his family while he worked to get five initiatives on this year’s ballot. “Mr. Sizemore is so blinded by his hatred of unions, who are plaintiffs in this case, that he seems to have con- cluded that he is not required to follow the law,” Judge Wilson wrote in her rul- ing from the bench. It took over two hours for Wilson to read her judgment, after which sheriff’s Bill Sizemore’s booking photo deputies led Sizemore away in hand- cuffs. Wilson called Sizemore’s violations of the injunction disturbing. “Together with Mr. Sizemore’s willingness to lie under oath, they reflect not merely con- tempt of court in the legal sense, but contempt for the court, the judicial branch of government and its processes and judgements — indeed for the rule of law.” Confronted with evidence that he was using ATRF to circumvent the court order, Sizemore promised Judge Wilson in October that he would have ATRF file tax and charitable forms it was supposed to have filed in 2006 and 2007. Incredibly, he later withdrew that promise on the grounds that he might be incriminating himself because the Oregon Department of Justice might conclude the reports weren’t truthful. “The judge was mighty upset with him,” said AFT-Oregon Executive Dir- ector Dick Schwarz. In her ruling, Wilson detailed how Sizemore set up a complicated web of organizations to allow donors to claim deductions for the contributions, and to shield their support from public scrutiny. Beginning in 2006, a little over $1.1 million passed through ATRF: $913,000 from Nevada millionaire Loren Parks and about $151,000 from Hire Calling Public Affairs, which is controlled by Klamath Falls millionaire Dick Wendt, owner of Jeld-Wen, Inc. As little as $14,000 of that amount went to support ATRF’s stated mission “to research and publish the fiscal im- pact of real and proposed ballot meas- ures.” Most of the money — about $856,000 — landed in Sizemore’s pocket. Just under $700,000 was paid to Bill Sizemore himself; $32,000 to his wife Cindy; and $174,000 to CBS Consulting, a for-profit corporation she owned on paper. There was also $15,000 for a down payment for land in his wife’s name, $20,000 to buy her a Pontiac GrandAm, and a $150,000 loan to get his $1.5 million home in Beaver Creek ready for sale. ATRF money paid an auctioneer to sell his house, went to purchase a time share in Mexico, paid the Sizemore family’s grocery bills, restaurant tabs, and on and on. Sizemore tried to hide his control of ATRF, listing his mother and a long- SERVING UNIONS FOR OVER 25 YEARS BEAVERTON, OR (503) 644-1400 GRESHAM, OR (503) 492-8487 HILLSBORO, OR ORENCO STATION (503) 640-9999 MILWAUKIE, OR (503) 659-2525 SALEM, OR (503) 362-8359 Easy credit and low monthly payments, O.A.C. Evening and Saturday appointments Ask about our Dental Discount Program • FREE Mortgage Assistance Benefit Sarah Barber, D.D.S Charles Stirewalt, D.D.S. Chau Ngo, D.D.S. If you are unemployed or disabled. 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WILSONVILLE, OR (503) 682-8552 GRANTS PASS, OR (541) 479-6696 additional attorney fees and costs, added the money raised through ATRF to the earlier jury award owed, and an- nounced that the union plaintiffs will have broad power to subpoena records from Sizemore’s groups and two of his close asso- “Mr. Sizemore is so blinded by his ciates. hatred of unions, who are plaintiffs in Wilson or- dered Sizemore this case, that he seems to have jailed until he concluded that he is not required to files the required forms, or until follow the law.” June 1, 2009. Judge Janice Wilson Sizemore was still in jail as of press time. [Wilson’s 46-page legal opinion is filing not-for-profit tax returns and obeying the rules and regulations re- available at www.nwlaborpress.org. It contains dozens of pages of lurid detail garding the organizations.” In the ruling, Judge Wilson extended about Sizemore’s operation, plus a the earlier injunction five more years, four-page appendix listing “examples ordered Sizemore to pay the unions’ of deceipt by Mr. Sizemore.”] time friend as its corporate officers. “It’s sad that it had to come to this,” said AFT-Oregon’s Schwarz. “These were simple requirements, like unions and other organizations have to follow, NORTHWEST LABOR PRESS Union Plus is a registered trademark of Union Privilege. Eligibility for mortgage assistance begins one year after closing on a Union Plus Mortgage through Chase Home Finance. This offer may not be combined with any other promotional offer or rebate, is not transferable, and is available to bona fide members of par- ticipating unions. For down payments of less than 20%, mortgage insurance (MI) is required and MI charges ap- ply.All loans are subject to credit and property approval. 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