VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF AUGUSTA NEXUS SERVICES, INC., MICHAEAL DONOVAN, and RICHARD MOORE, PLAINTIFFS, DONALD LEE MORAN, Serve: 5 Mint Springs Circle Staunton, VA 24401 (Augusta County) DAVID L. BOURNE, Serve: 333 Baldwin Lane Staunton, Virginia 24401 (Augusta County) WANDA JEAN SHREWSBURY, Serve: 194 Deep Meadow Dr. Fishersville, VA 22939 (Augusta County) DONALD L. SMITH, Serve: 4 White Oak Dr. Verona, VA 24482 (Augusta County) and DOES 1-20, DEFENDANTS. case No. CLW500 1034,COMPLAINT COME NOW Plaintiffs, NEXUS SERVICES, INC. MICHAEL DONOVAN, and RICHARD MOORE, by and through undersigned counsel, and in support of their Complaint against Defendants state as follows; PRELIMINARY STATEMENT This case concems a for-profit bail bondsman who conspired with a former employee now serving as a Deputy Sheriff in Augusta County, Virginia, and others to halt the nation’s most successful charitable criminal bonding program. The civil conspiracy was intended to and did cause injury to the business operations and reputation of the financial backers of the charitable criminal bonding program through a campaign of misinformation disseminated in emails and the misuse of government resources to provoke a government investigation all in violation of VA Code Ann, §18.2-500. A series of startlingly frank emails reveal that in order to halt a perceived threat to the for-profit bonding program, the Defendants mounted a campaign of fear, misinformation and conjecture, This campaign caused other local elected and appointed government officials and law enforcement officers to open and then vigorously pursue a modern day witch hunt of the political activist founders of the charitable bonding program. PLAINTIFFS, DEFENDANTS AND RELEVANT THIRD PARTIES 1. Plaintiff NEXUS Services, Inc. is a corporation organized and existing under the laws of the Commonwealth of Virginia. Its principal place of business is in the County of Augusta, Virginia, It is the holding company for the Nexus family of companies, which includes, among others, LIBRE by Nexus, Inc. (which assists detainees in federal immigration proceedings in procaring bonds through an innovative GPS program) andNEXUS Caridades, Inc. (which provides free legal services to persons who are detained in immigration proceedings). Plaintiff Michael Donovan (“Donovan”) is an individual who resides in the County of Augusta, Virginia. He is the President and CEO of Nexus Services, Inc. Plaintiff Richard Moore (“Moore”) is an individual who resides in the County of Augusta, Virginia, He is the Vice-President of Nexus Services, Inc. Defendant Donald L. Moran (“Moran”) is an individual who resides in the County of Augusta, Virginia. He is employed as a Deputy Sheriff by the Augusta County Sheriff's Office. Defendant David L. Boume, (“Bourne”) is an individual who resides in the County of Augusta, Virginia, He is a licensed bail bondsman in the Commonwealth of Virginia, and a general agent for, among others, Lexington National Insurance Company. Defendant Jean Shrewsbury (“Shrewsbury”) is the elected Commissioner of the Revenue for Augusta County, Virginia, She supervises Business Tax Auditors Joy Mauzy and Gene R, Ergenbright. Defendant Donald L: Smith (“Smith”) is an individual who resides in the County of Augusta, Virginia. He has beon employed as the elected Sheriff of Augusta County, Virginia since January 2016, Lexington National Insurance Company (“Lexington”) is a corporation organized and existing under the laws of Maryland, Its principal place of business is in the city of Baltimore, Maryland. ‘It is in the business of providing bail bond surety for a fee. It regularly transacts:’business'in the Commonwealth of Virginia and specifically irr the County of Augusta through its agent, Bourne.8. David T. Pastors (“Pastors”) is an individual who resides in the County of Augusta, Virginia. He is employed a8 the Director of the Blue Ridge Court Services program, located in Staunton, Virginia. 9. Timothy Martin (“Martin”) is an individual who resides in the County of Augusta, Virginia. He is employed as the elected Commonwealth's Attomey of Augusta County. 10. Jack Lee (“Lee”) is an individual who resides in the County of Augusta, Virginia. He is the Superintendent of Middle River Regional Jail, located in Augusta County, Virginia, 11, Joy Mauzy (“Mauzy”) is an individual who resides in the County of Augusta, Virginia. She is employed as a Tax Auditor for Augusta County. 12, Gene R. Ergenbright (“Ergenbright”) is an individual who resides in the County of Augusta, Virginia. He is employed part-time as a Business Tax Auditor for Augusta County. 13. Eric Young (“Young”) is an individual who resides in the County of Augusta, Virginia. He is employed as a Deputy Sheriff by the Augusta County Sheriff's Office. 14, Michael Roane (“Roane”) is an individual who serves as « Deputy Sheriff in the Augusta County, Virginia Sheriff's Office. SURISDICTION AND VENUE, 17, All of the relevant conduct giving rise to the causes of action herein set forth occurred in the County of Augusta, Virginia. 18, Venue is authorized in the County of Augusta, Virginia pursuant to Va. Code§ 8.01- 262 1, 3, and 4, though Plaintiffs reserve the right to move to transfer venue in light of the allegations in this Complaint.CT ION TO ALL COUNTS 19. This case concems a for-profit bail bondsman who conspired with a former employee now serving as a Deputy Sheriff in “Augusta County, Virginia, and others to halt the nation’s most successful charitable bonding program. 20, Defendant Bourne is a'licensed bail bondsman in the State of Virginia and 2 general agent for, among others, Lexington National Insurance Company, which provides criminal bail bond sureties for a fee, According to its web site at www.lexingtonnationdl.com, Lexington National’s goal is “to help [bail bond producers) survive and prosper in the ‘jungle’ that is today’s marketplace.” 21, Prior to working as a Deputy Sheriff, Defendant Moran was an “agent” for, and reported to, David Bourne. In his capacity as a Deputy Sheriff, Defendant Moran serves on a task forve that is comprised of state, federal and local Jaw enforcement officials, including the Federal Bureau of Investigation. 2, Donald Smith was recently elected to the position of Sheriff of Augusta County, Virginia, and he assumed office in January 2016. 23, Plaintiffs Donovan and Moore aré outspoken political activists, philanthropists and entreprencurs who live and work in Augusta County, Virginia. This openly gay couple founded a series of for-profit end not-for profit companies designed to provide alternatives to incarceration for peoplé who are accused of committing a crime, but who have not been convicted of a crime, to provide access to justice for people who can’t afford lawyers or bail, and to supporting and uplifting people who ere struggling to overcome poverty and prejudice. The business model was inspired by the couple’s, experiences of being convicted of bad check related instances some of which occurredseveral years ago and most several decades ago. Since 2013, Donovan and Moore have founded a family of companies and launched ground breaking charitable services: a. Nexus Services Inc. is the holding company for the Nexus family of companies, b. Libre by Nexus Inc. is the largest and most successful for-profit bond securitization program for persons detained in immigration proceedings in the United States. Unlike criminal proceedings, detainees in immigration matters are required to post 100% of the bond that is set, which can exceed $25,000. The size of the bond in immigration proceedings meant most people detained could not post bond. Libre transformed the immigration bond industry by providing a comprehensive support system that included, among other things, language translation services, counseling, and personal GPS equipment, which allowed detainees or their families to secure bonds by paying monttily fees. One half of the immigration detainees who receive bond today are @ Libre client. Libre’s support system has proved so successful that it enjoys the lowest rate of bond failures in the industry — less than 2%, The commercial success of Libre allowed Donovan and Moore, through various not for profit companies and community ‘outreach programs, to give back to their country and to their community. ©. Nexus Caridades is a not-for-profit entity backed by the founders of Libre, which provides free legel services to persons detained while awaiting immigration proceedings. Caridades is now one of the largest providers of free legal services for porsons facing immigration proceedings in the United States and recently expanded its free legal services to persons awaiting criminal proceedings.4. In December 2013, Libre launched its “Christmas Miracle” program, providing gifts for local families in need in the Central Shenandoch Valley of Virginia, and in 2015 Libre launched a home “give away” program for a deserving local family that was pattemed after the Habitat for Humanity program. @. Since 2014, Libre and Nexus Services, Inc. have awarded $700,000.00 in scholarship aid to local high school students from Harrisonburg, Augusta, and Rockingham Counties, Virginia. £ In 2016, Donovan launched “Breaking Through,” a community affairs program ‘on local television and radio stations designed to highlight news and information in the Harrisonburg, Augusta, and Rockingham County areas with a special emphasis on the rights of minorities, women, refugees, the LGBT community, and persons detained, charged or convicted of a crime. g, Beginning in 2015, Donovan and Moore launched a charitable criminal bonding program designed to secure bonds for any individual who was awaiting a criminal trial in Harrisonburg, Augusta, and Rockingham Counties, who qualified for a bond, but who remained incarcerated because he or she could not afford to post a bond. Donovan and Moore were concemed about the local:jail overcrowding because while the counties’ population was overwhelmingly Caucasian (Augusta County is 93.7% white), an overwhelming percentage of the persons detained for inability to post bond were African American or Hispanic. Beginning in early 2016, Nexus began running advertisements on, local radio and television programs advertising the free bonding program, which has grown to become the largest privately funded charitable bonding program in the United States. If was this lastcharitable endeavor, perceived fendant Bourne to be a threat to his business that prompted the Defendants to conspire to disrupt the free bonding Program by a campaign to damage the reputations of Donovan and Moore and disrupt the Nexus family of company operations. 24, On Thursday, January 28, 2016, at 10:44 AM Defendant Bourne sent an email to the President of Lexington National and other executives of the insurance company complaining about the charitable bonding program being offered by Nexus.' Boume’s email noted that “[o]ver the weekend, Nexus made an appearance at the Middle River Regional Jail (MRRJ) located in Augusta County, which is where our office is located.” ‘The email went on fo state that two persons were bonded out, with fees being paid by ‘Nexus and stated, though “[w]e had been working with both clients on trying to get 7% down,” The email stated that Boume provided documentation regarding the free bonds as well as the “background element on Mike Donovan and Richard Moore” to “Deputy Don Moran, assigned to the FBI task force, also a former agent of ours.” [Emphasis added,] See Exhibit A attached hereto, 25.In the January 28, 2016, Bourne cmail to Lexington National, Bourne admitted that although he at first suspected that Nexus was bonding individuals out of jail so that they could pay “an enormous fee for the bond on an installment plan” he was “totally off base” because Nexus was providing the bonding at no cost, Bourne then speculates that there must be a “return” for a charitable investment by Nexus to include money laundering, expansion of a federal pre-trial release program or an effort to expand the use of electronic monitors throughout the country for defendants released on bond. Bourne ' The email was obtained pursuant to a FOIA request sent to the county.then reveals his own economic self-interest: “This whole thing smells real bad and could take our business down the drain really fast...We are now getting phone calls where the caller is asking if we are the company that gets people out [of jail] for free. Nexus has anew ad running on television (trying to get a copy) indicating ‘if you don’t have the money for bail call us.’ The word is spreading quickly.” [Emphasis added.] See Exhibit A attached hereto, 26. In the January 28, 2016, Bourne emai] to Lexington National, Bourne makes clear that he, Bourne, has already attempted to sully the reputation of the founders of Nexus and has used and intended to use background investigative tools to sully the reputation of a third executive of the company: “The Sheriff has been made aware of Donovan's criminal history and provided the proof. There are eleven felony convictions on him and with that kind of record in his past, there is most likely fraudulent activity going on. I haven’t seen much of Richard Moore. There is a new guy on the ads which goes by the name of Evan Ajin, Vice president. don’t have his (Ajin’s] vitals “yet” so T can’t get his records at this time.” [Emphasis added.] See Exhibit A attached hereto. 27. Bourne closes his email to Lexington National executives on January 28, 2016, by warning: “None of us can compete with free bail, and the results of free bail, will hurt us all in the end.” (Emphasis added] See Exhibit A attached hereto. 28, At 4:50 PM on January 28, 2016, Defendant Bourne forwarded the email.to Lexington National to his friend and former agent Don Moran stating: “Don, Please see the preceding email which may offer you some insight on Nexus, I rafted [sic] this to open discussions with the guys in Baltimore and thought you might want to read it as well.” ‘See Exhibit A attached hereto.29. At 5:23 PM on January 28, 2016, Defendant Bourne sent another email to Defendant Moran forwarding a link to the Christmas Miracle program launched by Nexus. Defendant Bourne speculates in the memo: “Tums out that the home they give away isn’t actually given away. They only give it to them for 4 years rent free. Could someone then deposit dirty money into an account and claim it as rental income to clean the money up?” See Exhibit B attached hereto? 30. On January 29, 2016, Defendant Boume ‘sent another email to Deputy Sheriff Moran forwarding links to two newspaper articles. The first article did not relate to Nexus. Defendant Bourne notes that the second article indicated that Nexus made a profit from its immigration bail program that utilized electronic monitors. Bourne points out, however, that “ICE [US Immigration Officials] states that it is perfeetly legal to put them ” [Emphasis added.] See Exhibit C attached 31. On February 5, 2016, Defendant Bourne forwarded 2 2012 news story about Nexus by a Harrisburg news outlet to Deputy Sheriff Moran. The forwarded article, located at http://www. whsv.comhome/headlines/GPS-Bracelets-Allow--163777136.html bore the headline “GPS Bracelets Could Help Jail Overcrowding and Save Tax Money.” See Exhibit D attached hereto. ‘The article quotes Michael Donovan in the second paragraph as saying if an inmate cannot afford to pay bond, Nexus will cover the fee as long as the defendant will wear a GPS device, The article also quotes Donovan in 2012 as stating that if an inmate can afford to pay, the inmate would bear the cost of the monitoring of 2 The Home Give away program was patterned after the Habitat for Humanity home give away program which requires a period of time to pass before the home’s inhabitants can take full title. ‘Nexus was concerned about the recipient's ability to manage home ownership and the possibility of third parties taking advantage of the contest winner. 10approximately $11 day so there would be no burden on the taxpayers. The Rockingham County Sheriff is quoted in the 2012 article as stating it is not something that his department planned to implement.> 32. Dofendant Moran responded to Defendant Bourne's February 5, 2016 email stating that “seems their [sic] using the gps to off set not paying the fee.” See Exhibit E attached hereto, Defendant Bourne’s reply runs the math to calculate the potential financial gain to Nexus if the bracelet monitoring program was adopted in his area: “Yeah like I said a felony case averages about 16 months before a final disposition. That’s almost $8,000.” See Exhibit E attached hereto, 33. Also on February 5, 2016, at roughly the same time that Defendants Moran and Bourne were having an email discussion about the Harrisburg news article forwarded by Bourne, the director of the Blue Ridge pretrial services program, David Pastors, forwarded the same news article link about Nexus to the Commonwealth Attomey for the area, Timothy Martin and the Assistant Commonwealth Attomey Alexandra Meador. The subject matter of the Pastor email concerns a case involving J.D., an incarcerated 18-year old high school student who spoke little or no English who was accused of rape and was being held without bond. The individual defendant was then represented, pro bono, by Nexus Caridades attomeys. See Exhibit F attached hereto. 34. Though it had no bearing on the guilt or innocence of J.D. or the competency of the Caridades legal team, the Pastors’ email warns Mr. Martin and Ms. Meador (whom he refers to as “Tim” and “Alex”) that the Caridades legal team cannot be trusted because they are associated with Nexus: “The attorneys involved in this case and the individuals 3 The article also quotes a grateful recipient of the bracelet monitoring system. ul35, ‘who were accompanying them are associated with Nexus Programs, a local group who is, wolved in supplying GPS tracking equipment for illegal immigrants who are required to be tracked by the Federal Immigration folks See link below [listing http://www.whsv.com/home/headlines/GPS-Bracelets-Allow—163777136.html].” The email by Mr, Pastors contains a lengthy, but false, statement regarding Mr. Donovan: “Donovan lost his bail bondsmen license several years ago due to several felony convictions for financial crimes and now has reinvented himself in this GPS business... How they make their money is they have their surety company cover the bail for defendants and then they require them to be on GPS at a daily fee, One of the problems is that they are not concemed about the risk of the defendant, just having someone out to pay them a daily fee. I'll be glad to slip over and chat, but I would be cautious of their operation.” [Emphasis added.] See Exhibit F attached hereto. In fact, Mr. Donovan never held a bond license and never lost a bail bond license. Moreover, ‘Mr. Donovan’s company, Libre by Nexus, has the most successful rate of detainee return the industry at 98%. As the bond hearing date for J.D. approached, so too did the local government's scrutiny of Nexus, fueled by emails and contacts by Defendants Bourne and Moran, On February 10, 2016, Defendant Bourne sent an email to Commonwealth Attorney Martin (whom he addressed as “Tim”) stating: “Below are several links about Nexus. As I said the President is Michael Donovan and the Executive Vice President is Richard Moore. Both are convicted felons multiple times and they are running a scam on the communities of Harrisonburg, Rockingham, Staunton, Waynesboro and Augusta County and I fear that other locations are soon to come...I would prefer that you get the criminal history stuff 12from Don Moran at ACSO 540-457-9928. I printed all the dispositions but I’m sure that the most accurate records are what he pulled, Make sure you take an hour and watch the 2 episodes of Breaking Through at the bottom of the list. That will give you a clear picture of what they are trying to achieve, Keep in mind when you are watching that these are con men and wicked smart. They make themselves out to be pillars of the community with all the stuff they give away but read the fine print. One question to ask is, where does the money come from?” [Emphasis added,] See Exhibit G attached hereto. 36, Remarkably, even though Defendant Bourne had specifically informed the Lexington ‘National executive team in writing on January 28, 2016, that he verified that Nexus was not, in fact, charging any fees for its free criminal bail bond program, Defendant Bourne knowingly provided false information by advising the Commonwealth Attorney Martin that Nexus was charging a fee for its free crirninal bonding program, citing a 2012 article: “They [Nexus] will use frec bail as the hook with an agreement that the defendant wear and pay for an electronic monitor at $11.00 per day. The average life of most ease [sic] is about 12 months, $11.00 per day x 365 is $4,015. Please sce my illustration below as compared to the bail bond itself. There is certainly a place for them in some cases but electronic monitors should only be used when it is mandated by the court. Otherwise it becomes a form of extortion by making the defendant pay $420 per month under threat of being returned to jail.” (Emphasis added] See Exhibit G attached hereto. 37. As set forth in Exhibit C, Defendant Bourne knew, but failed to disclose to Mr. Martin, that the use of GPS equipment by Libre by Nexus in the immigration context had been determined to be “perfectly legal” by U.S. Immigration officials. Also as set forth in Exhibit A, Defendant Bourne knew, but failed to disclose to Mr. Martin, that Nexus did 13not charge for the bonds extended to individuals in the charitable, criminal bonding program and did not require recipients of the charitable criminal bonds to wear GPS equipment, 38. Between approximately February 10, 2016, and April 24, 2016, Defendant Moran approached two employees of Nexus and identified himself as an P.B.1 agent. Defendant Moran asked the Nexus employees to assist him in an investigation of Nexus. Upon information and belief Defendant Moran told both employees that he had no evidence of any criminal wrong doing by Nexus and needed help finding it. Nexus discovered the contact with Nexus employees as a result of an internal investigation. Defendant Moran’s conduct harmed the company by damaging the reputation amongst their employees as well as the loss of an employee. 39. On Monday, February 15, 2016, Defendant Bourne forwarded to the Augusta County Commonwealth's Attomey Tim Martin, a link to the Nexus television show (Breaking Through), Episode 3. Boume wamed Mr. Martin: “Looks like they [Plaintiffs] are going after MRRI [Middle River Regional Jail] over the next three weeks.” See Exhibit 1 attached hereto. 40. Also on Monday, February 15, 2016, Defendant Boume forwarded the Breaking ‘Through, Episode 3 fink to Jack Lee, the Jail Superintendent for MRRJ. Sce Exhibit [ attached hereto. Mr. Lee, in turn forwarded Mr. Bourne’s email to Steve Owen, the City ‘Manager for the City of Staunton, Virginia, with the message: “Hey Boss, [w]hen you get a chance and a little time watch the 3 episodes attached. This group [Nexus] needs to be watched closely. They could be recklessly dangerous to the whole criminal justice system.” [Emphasis Added.] See Exhibit J attached hereto. 1441, Later in the evening of February 15, 2016, Defendant Bourne’s email was forwarded by Mr. Lee to most of the leadership of the MRRJ and to Erie Young, # corporal with the Augusta County Sheriff's Office. See Exhibit K attached hereto, Significantly, the MRRI is the facility that is being used to house the Nexus Caridades Client, J.D. i Corporal Young is an officer who has been assigned to the J.D. case. Corporal Young has also personally visited the home of Michael Donovan on two occasions to request that private security guards retained by Mr. Donovan provide their identification j information to him.* On one of those occasions Corporal Young identified himself as | working for the FBI in an attempt to gather personal information of security personnel. 42. On or about February 18, 2016, Erik Schneider, Director of Risk Management for Nexus, and other representatives of Nexus visited with Sheriff Smith, the newly elected Sheriff of Augusta County, Virginia, to report the employee contacts by Defendant Moran, and to complain that Defendant Moran had held himself out as an F.B.I. agent conducting an. i investigation of Nexus, which daiaged the reputation of Nexus, Furthermore, Defendant Moran’s conduct caused significant emotional distress to other Nexus employees, Defendant Smith thanked Mr. Schneider and apologized for Defendant Moran’s conduct, Defendant Smith assured Mr. Schneider that he would put an immediate stop Defendant Moran’s conduct. 43, Unfortunately, contrary to Sheriff Smith’s statements to Mr, Schneider, upon information and belief, Sheriff Smith did nothing to curb Defendant Moran’s actions on behalf of his former boss, Mr. Boume, Law enforcement officials within the Sheriff's department + Fearing for his safety and the safety of his employees as a result of the activities of Deputy i Sheriff Moran, Mr, Donovan retained private security for the officers of Nexus. 15,44, 45, 46. responded to Mr. Schneider's visit by pulling DMV driving records (multiple times in the same week) for various Nexus employees, As the investigation stirred by Defendants Boume and Moran intensified against the principals of Nexus in mid-February 2016, so too did the investigation of the attomeys for the Nexus Catidades Client, J.D. ‘The bond hearing for J.D. began on February 11, 2016, but had to be continued mid- hearing to February 25, 2016. On February 25, 2016, Detective Mike Roane with the. Augusta County Sheriff’s Office forwarded a Word document to Defendant Moran at donald.moran@ic.fbi.gov and copied Sheriff Smith and Czptain William Spence of the Augusta County Sheriff's Office, The email stated that it attached a document regarding, “Bvents of 2-25-16.” The report of Detective Roane submitted to Defendant Moran is attached as Exhibit L attached hereto. Detective Roane stated that he was assigned to the investigation of the Nexus Caridades’ Client and he was asked by the Commonwealth Attomey Martin to surveil the bond hearing: “I arrived at the courthouse at approximately 0900 hours. As I entered the upstairs portion of the building, I observed several (approximately 15-20) Hispanic decent persons waiting directly outside the court room. I entered the room and was positioned in the front row. A few minutes later, the proceedings began. All of the persons that were waiting outside, appeared in in the courtroom and took a seat on the left side of the gallery.” See Exhibit L attached hereto. Detective Roane continued his memo of February 25, 2016, admitting that he’ was familiar with Defendant Moran’s investigation of Nexus and that Nexus “is the same company that has employed J.D.’s attomey. Based on my limited knowledge, I took several photographs of the persons in the courtroom and forwarded them via text 10 16Inv, Moran. We exchanged a few text messages. Inv. Moran encouraged me to take as many photographs as possible to assist in his investigation, I then contacted It, Leveck via text and requested that he and other Investigators respond to the Wharf parking lot in a covert manner. I requested that they observe the group and photograph vehicles and tags to assist Inv. Moran.” (Emphasis added.] See Exhibit L attached hereto. 47. As he wes leaving the courtroom on February 25, 2016, Detective Roane was approached by an investigator for the defense team, Eric Schneider, who introduced himself to Detective Roane, and asked for his name, Detective Roane refused to tell the defense investigator his name. In his report, Detective Roane stated that after his ncounter with the defense investigator, he (Roane) “went into the building across the street and photographed the male that I had just encountered. I called Inv. Moran via phone and explained what had just occurred.” Detective Roane stated that the photographs taken in the courtroom bond hearing and of the attomeys leaving the hearing were forwarded to “Inv. Moran,” See Exhibit L attached hereto. 48. The case involving J.D. is an acquaintance rape case, based on intoxication, It is not a gang case, or a drug case, There is no legitimate reason to photograph the individuals attending the hearing, or the legal team, nor is there any reason to take down the license plates of the vehicles belonging to those persons. 49.Bond was denied for J.D. during the heating of February 25, 2016. Whea the Commonwealth Attorney was congratulated in an email on his performance during the bond hearing by Debbie Walker, a pretrial program manager for Blue Ridge Court Services (the entity that was forwarded information by David Bourne just a few weeks earlier), Commonwealth Attomey Tim Martin responded: “I really can't stand these 7people [Nexus] and have no clue where the money comes from.” See Exhibit M attached hereto. 50. On March 7, 2016, Chief Government Affairs Officer for Nexus, Rick Nagel, requested a meeting with Commonwealth Attorney Martin. Mr. Nagel was attempting to defuse what was obviously an unprofessional level of animosity and antagonism displayed by Defendant Moran and his colleagues in the Sheriff's department against Nexus end its clients. Mr. Martin’s assistant, Patty Campbell, sent an email to Mr. Martin requesting a meeting by Nexus. Mr. Martin immediately forwarded. Ms. Campbell's email to, Defendant Moran with the message: “FZ, Thoughts? I have told Patty she can feel ‘free to schedule this sort of thing, but I ain not at all interested in meeting this guy.” [Emphasis added.] Exhibit N attached hereto. 51, Also on March 7, 2016, Defendant Moran (inexplicably referring to himself in the third person) sent an email to his boss, Sheriff Smith, requesting that Sheriff Smith prepare a report of Sherisf Smith's contact with Erik Schneider on February 18, 2016: “Hey, Can you do a report for the Event when Nexus came to the office to talk about Don Moran, Thanks, I know your [sic] busy. We are going to the US Attorneys office in Roanoke tomorrow to discuss the case. Hopefully we will get good news. I’ll keep you posted. Thanks, Don.” (Emphasis Added] Exhibit O attached hereto. 52. Apparently, Defendant Moran’s looming visit with the U.S. Attomney’s office in Roanoke prompted a burst of investigative efforts by his county colleagues. Also on March 7, 2016, Augusta County elected Commissioner of the Revenue Jean Shrewsbury contacted ‘Nexus and demanded to walk throngh the corporate campus on that same day. 18 I53. Ms, Shrewsbury brought Business Tax Auditors Joy Mauzy and Gene R. Ergenbright to the meeting on March 7, 2016, and Donovan gave them a complete tour of the Nexus conporate campus. 54. At the time of the March 7, 2016 visit to the Nexus campus, Mr. Donovan had explained that Nexus attempts to assist immigrants who are seeking refuge for, among other reasons, death threats associated with their sexual orientation. Mr. Donovan noted that gangs in Africa and El Salvador were exterminating men who they believed were homosexuals, much like Hitler did during the atrocities that led up to World War II. Mr. Donovan also advised the group that Mr. Moore and Gerieral Counsel! Gordon ‘Turner had recently visited El Salvador in Central America, where they were investigating the feasibility of placing a call center. Donovan explained that many of the immigration clients that Libre by Nexus served sought asylum in the U.S. because they were attempting to flee gang violence in El Salvador. Not all who apply for asylum can or will ‘be approved to stay in the United States. Libre hoped that by building a call conter its clients who were ultimately deported could return to ‘potential employment and (hopefully) a better, safer lifestyle. Following the March 7, 2016 visit to Nexus, Ms. Mauzy wrote to Donoven to thank him for the visit. The tone of the email was cheerful and friendly, and Ms. Mauzy ended her email by stating “we are so happy to have Nexus in Augusta County!!”. See Exhibit P attached hereto, 55. Unfortunately, Ms. Mauzy’s subsequent communications with her tax auditor colleagues about Nexus were less than welcoming. 56, On March 8, 2016, Ms. Mauzy and: part-time Augusta County Business Tax Auditor Gene R. Ergenbright exchanged a chilling series of emails about Nexus and Mr. Moore’s 19trip to El Salvador. Ms. Mauzy wrote: “...you might want to consider El Salvador [for retirement} and I know someone you can go with!!!” In response to Ms. Mauzy’s email, Mr. Ergenbright stated: “...If he’s in El Salvadore I want to be in Alaska.” Attached to this email exchange were.Hitler emojis, See Exhibit Q attached hereto and image inserted herein. Upon information and beket these emojis were downloaded from a white supremacist hate site fightrope.ce. At this same time, Ms. Mauzy and Mr. Ergenbright wete communicating by email to Commissioner of the Revenue Jean Shrewsbury, conspiring to use their authority to get information about ‘Nexus and how the company makes its money. 57. On April 6, 2016, a representative of Nexus Services, Inc, sent a Freedom of Information Act (FOIA) request to Augusta County secking all communications that referred to Nexus or its principals. See Exhibit R attached hereto. The County advised Nexus that it would produce the records on a zip drive a few wecks later. The above referenced Exhibits were contained on the zip drive in the documents. produced by the County on April 22, 2016 in response to the FOIA request. 58, The zip drive produced to Nexus also contained many other documents that were not related to Nexus (including intelligence reports for the Virginia State police fusion center, investigation reports from state and federal investigation agencies from ongoing and past investigations, social security numbers, dates of birth and other personally identifiable ‘information for many other individuals). After discovering the unrelated material on the zip drive, Nexus, through counsel, turned over the zip drive to the United Stetes Attorneys’ Office in Roanoke, on Saturday, April 30, 2016. The U.S. Attorneys’ office advised that it would have to notify the local authorities in Augusta County, Virginia of 20the inadvertent overbroad disclosure, Nexus wanted to ensure that any breaches of confidential or secure information bé discovered and rectified immediately by proper authorities. 59. Instigated and fueled by Defendant Moran, the Augusta County SherifPs Office has engaged in a-course of conduct aimed at intimidating, harassing and depriving Plaintifis of their civil liberties and interfering with their ability to conduct their business, The misconduct intensified after the overly-inclusive zip drive disclosure was made known to the Sheriff's department. During the ten day period ending on May 6, 2016, Augusta County Sheriff Deputies, or agents working on their behalf, approached sccurity personnel working at the home of Messrs. Donovan and Moore and demanded that the security guards provide their personal identification for use by or for the FBI. 60, On the evening of May 8, 2016, Detective Roane and another Augusta County Sheriff's Office employee, who could not then be identified, engaged in a dangerous display of Drute force on the roadway when interacting with Michael Donovan and his security detail, As stated previously, Donovan engaged a private security detail because he was concemed about his safety and the safety of his employees in the wake of a perceived threat from the Augusta County Sheriff's Office. Donovan’s security detail followed Donovan's car at a close distance. Detective Roane, driving a white Ford Explorer, and another marked Augusta County Sheriff's Office vehicle, made erratic driving moves to at first surround Donovan and his security detail and then to take extremely aggressive maneuvers to insert a car between Donovan’s car and his security detail. Detective Roane then pulled alongside Donovan's car so that he could see who was confronting him, The 2point having been made, Detective Roane and his colleague departed at the next exit following the stunt, 61.On May 17, 2016 Micheal Donovan and Vice President of Operations for Nexus Services, Evan Ajin, went to Shrewsbury’s office and delivered to her a letter dated May 16, 2016 addressing the Hitler emoji issue. See Exhibit S, attached hereto. 62. Shortly after the May 16, 2016 letter regarding the embarrassing Hitler emoji was delivered to Shrewsbury, a news reporter with Breaking Through, (the Nexus sponsored ‘Community News Program), interviewed Shrewsbury at her office, regarding the emoji. 63, On May 18, 2016 at approximately 2:00 p.m., Corporal C, J. Deitz of the Augusta County Sheriff's Department came to Nexus’ corporate campus and insisted on personally delivering a document to Micheal Donovan, Richard Moore or David Briggman (Director of Special Operations for Nexus). See Exhibit T, attached hereto. 64, Said letter threatened criminal prosecution pursuant to Va. Code 58.1-3, unless Nexus returned to Augusta County the flash drive containing the embarrassing Hitler emoji and destroyed all copies®. 65, Va. Code § 58.1-3, which makes it unlawful to disseminate or publish confidential tax information, has no apparent applicability to the embarrassing Hitler emoji nor does it create any duty to return any items to Augusta County; the only apparent purpose of the ‘May 18, 2016 letter and the personal visit by Corporal Dietz is to continue the campaign of fear and intimidation against Plaintiffs, and to seek to cover up the Defendants’ actions. COUNT J - CIVIL CONSPIRACY AGAINST DEFENDANTS * As previously discussed, Newus had already presented the data to the U.S, Attorney's office on April 30, 2026. 2266. Plaintiffs incorporate by reference all of the preceding allegations, 67. Defendants combined, associated, agreed, mutually understood and concerted together for the purpose of willfully and maliciously injuring Plaintiffs in their reputation, trade, business ot profession, 68. Plaintiffs were damaged by Defendants’ actions. 69. Plaintiffs are entitled to recover three-fold damages, costs and attomeys? fees pursuant to Va. Code §18.2-499 and 500. COUNT Il - DEFAMATION AGAINST DEFENDANT BOURNE 70. Plaintiffs incorporate by reference all of the preceding allegations. 71. Defendant Boume made various defamatory statements about Plaintiffs, including: A. Defendant Boume accused Plaintiffs of money laundering. B. Defendant Boume accused Plaintiffs of “running a scam on the communities of Harrisonburg, Rockingham, Staunton, Waynesboro and Augusta County...” C. — Defiendant Bourne accused Plaintiffs of extortion. D. Defendant Bourne falsely represented that the free charitable criminal bonding, program was not free, required GPS, and was a ruse to secure payments for GPS monitoring. 72. The statements were seen by persons other than Plaintiffs. 73. The statements are false, 14. Defendant Bourne made the statements knowing them to be false. 75, Defendant Bourne acted willfully and maliciously. 2376. if Defendant Bourne believed the statements to be true, he lacked reasonable grounds for such belief, and acted negligently in failing to ascertain the facts on which the statements were based. 77, Plaintiffs were damaged as a result of Defendant Bourne’s actions. 78, Plaintiffs are entitled to recover compensatory and punitive damages, costs and attorney’s fees, COUNT Ill — INSULTING WORDS BY DEFENDANT BOURNE 79, Pleintitis incorporate by reference all of the preceding allegations, 80. The words of Defendants set.out in the preceding count fiom their usual construction and common acceptance are construed as insults and tend to violence and breach of the peace, 81. Defendant Bourne's statements are actionable pursuant to Va. Code §8.01-45. 82. Plaintiffs were damaged as a result of Defendant’s actions. 83, Plaintiffs are entitled to recover compensatory and punitive damages, costs and attorneys’ fees. COUNT IV — RACIAL AND ETHNIC HARASSMENT BY ALL DEFENDANTS 84, Plaintiffs incorporate by reference all of the preceding allegations. 85, Plaintiffs have been subjected to acts of intimidation and harassment by Defendants. 86, Defendants’ actions were motivated by racial, religious, or ethnic animosity toward Plaintiffs’ employees and clients. 87. Plaintiffs have been damaged as a result of Defendants" actions. 88. Pursuant to Va, Code 8.01-42.1, Plaintiffs are entitled to compensatory and punitive damages, costs and attorneys’ fees. 24JURY DEMAND Plaintiffs hereby demand a TRIAL BY JURY. WHEREFORE Plaintiffs respectfully request that this Court enter judgment against Defendants, jointly and severally, in the amount of ONE MILLION DOLLARS plus costs and attorneys’ fees, Plaintiffs further respectfully request that this Court provide such other and farther relief as may be appropriate under the circumstances of this case. Respectfully submitted this 1B" Yay of May, 2016. ‘NEXUS SERVICES, INC. MICHEAL DONOVAN and RICHARD MOORE By Counsel TUCKER GRIFFIN BAR Counsel for Plaintifts syd Ly = André A. Hakes (VSB# 40358) 307 West Rio Road Charlottesville, VA 22901 (434) 951-0867 direct (434) 951-0884 fax ahakes@tgblaw.com CERTIFICATE Thereby certify that a true copy of the foregoing was mailed via first class mail, postage prepaid as indicated on this 181 day of tig 2016 to: Mr. Donald Lee Moran 5 Mint Springs Circle Staunton, VA 24401 Mr. David L. Bourne 333 Baldwin Lane Staunton, Virginia 24401 Ms. Wanda Jean Shrewsbury 194 Deep Meadow Dr. Fishersville, VA 22939 25‘Mr. Donald L. Smith 4 White Oak Dr. Verona, VA 24482 “André A. Hakes| VALIDATE CASE PAPERS ROPT = 16000009605 DATE + 05/18/16 TIME: 16:41 GABE : 015CL16001034-00 ACCT : NEXUS SERUICES INC AMT. 8347 chip Olek 26EXHIBIT “A”PA Neca 7 “Treday, January 2, 2036 4:5045 Pt Aeoctmene: AU AGE ZEMAN Et Don, Please see the preceding email which may offer you some insight on Nexus. | rafted this to open. discussions with the guys in Baltimore and thought you might want to read it as well, Best, David L. Bourne David L Bourne, General Agent (Office) 540-286-5447 (Mobile) (Facsimile) 540-886-5449 1-800-FOR-BAIL... PEE ES et iI ‘he etormatoncontaiedin hie Wansmisions privleged and confaert. is ntended fr the ue ofthe person(s) onmed above. yous pt the intrdad eciplan, you are here nied tha ny review, ssemination, disoution odupeston of ths ‘communications tty profited. you aero the ntended rent, pesca contact the sender by reply em ne destroy coples cf the orginal message From: Dave Bourne [mailto:dave@ 1800forball.com] Sent: Thursday, January 28, 2016 10:44 AM To: Randy Parton (RParton@lexingtonnational.com) Ce:'Ronald A. Frank’ ; Nick Wachinski «; MARK HOLSCHNEIDER (mholtschneider @lexingtonnational.com) Subject: Nexus All, Over the weekend we learned that Nexus made an appearance at the Middle River Regional Jail (MRRJ) located in Augusta county, which is where our office is located. We are working on confirming the identity of one of the people present, but the other one was definitely David Schneider, of Zimmerman Bail Bonds, out of Richmond, Virginia (card and bond license verification attacked). They posted bail in the amount of $10,000.00 for (recognizance attached), with fees being paid by Nexus and without an indemnitor. le they were there they also bonded a gitl by the name of| in the amount of $2,000.00 (recognizance attached) also without the fee or an indemnitor. We hed been ‘working with both clients on trying to get 7% down. Neither of the clients made direst contact, to have their bonds posted by Zimmenman's,Deputy Sheriff Don Moran, assigned to the FBI task force, also a former agent of ours, has contacted us in reference to the undertakings of Nexus and advised that the Sheriff was rather concerned with what they are doing and wented him to look into it. I have provided him with all of this documentation as well as the background element on Mike Donovan and Richard Moore and after some further probing, the FBI may launch an investigation. Back to our former client| Lemar 1 first talked with his son| who advised that a female friend of his father gave him the number for Nexus (540-292-2821) because they get people out of jail for free. He called the number and talked to a female and gave her the rundown. She advised that the bondsman would call him within a few minutes, Shortly thereafter, he received a call from David Schneider of Zimmerman's Bail Bonds, who advised he would do the bond at no cost but it would take a while for him to get there because be was coming from Richmond. | atthe jail, old Schneider that he usually worked with us and wanted to know how much he had to pay that day to make this happen and how long he would have to pay the balance? Schneider replied "you don't owe a thing, i's all taken care of through a government grant.” This got the attention of the Pre-trial services, worker (according a who happened to be there and she took several of his cards and stated that it ust didn't seem right that he would travel from Richmond and bond two people out, not collect any money, or have anyone aequainted them to sign for them, and she ‘was going to look into it, The Jail officers were also puzzled by it as they had never heard of such a thing, Schneider allegedly said that it was grant funded and he was on salary and he got paid regardless if the defendant went to court or not. MME also told me that he walked out with Schneider and he was in a vehicle with “government plates" and he reitereted that it was taken care of with a government grant. _ is concerned because you don't get something for nothing and he'is afraid that he may be contacted later and asked to do something in return. I was originally thinking that he was going to be required to wear and pay for a monitor as well as an enormous fee for the bond on an installment plan, but I was totally off base. The only requirement is for him to check in at their Hatrisonburg or Verona office, one time per week. That was again confirmed by my son last night as he talked with officer Costelto from MRRJ, who was present at the time the bonds took place. He advised ‘Tyler that Schneider told him that the people have to qualify for the bonds and it was a "charity. could have been confused by the language, maybe the bondsman said charity to him as well, which is most likely the case. With all that being said I have some questions? If there is no rain, the creek dries up. We know that they gave away 3 shopping sprees in December for $1,000 each to families in the area and gained a lot of exposure doing it. 3,000 is an easy investment for that much attention. However they also Gave away 2 new house to an area family, a much larger investment. Before all of that, they purchased an entire industrial park near my office for 22 million. All of that demonstrates the water flowing, through the creek, where is the rain that feeds the pond from which the water flows? How do you keep the capital flowing if you're in the business of giving away money? If you're legitimate and paying a bondsman to post bail for you, why wouldn't you use a local guy to cut your costs? Why pay a property bondsman to come from Richmond? In addition, why would you have a lawyer on staff getting state bail legislation passed such as ‘making it possible to get a bail piece release from a magistrate rather than a clerk of court?‘That's a good thing, but if you are notin the bail business, why bother investing the money in legislation that benefits bail bondsmen? (Email attached) In the Virginia code 6VAC20-250-260 (A) Only a licensed bail bondsman shall be authorized to solicit bail bond business in the Commonwealth. It may be a gray area, but they are soliciting and awarding the business to Zimmerman's. Should we seek an injunction keeping them from calling a bondsman as well a court order requiring them have the defendant choose their own bondsman? If it’s a legal charity, the local bondsman will get the business. A govemmment grant doesn't make sense and there are many government vehicles at the jail so | was confused about the government plate, Why would the government use ‘grant money to pay a bail bondsman when they already have a pre-trial release program that could get the defendants released on PR? have never heard of a charity that pays a bondsman to get people out of jail and I've never heard of a bondsman getting people out of jail without some background information on the defendant or an indemnitor. Someone has to be guaranteeing payment of the forfeiture because the bondsman's signature is cn the recognizance and the judge isn't going to care if it was for charity or not. I just can't see a bondsman taking the risk without a guarantor. The jail officers are telling us that this guy had no paper work. They said "you guys come in here with a ton of paperwork and this guy shows up with nothing,” It's like he was there posting a transfer bond. To make these particular bonds even more interesting, we all felt the impact of the storm over the weekend. The bondsman drove from Richmond. Charity or not that's 90 miles, in one of the worst snow storms in history. The incentive had to be-big in order to create that desire. Calling it a charity is the only thing that makes sense because I can't imagine the government awarding a grant for this purpose. But where is the "charity" money coming from? What is the return? I think itis one of three things. 1) Money Laundering -if partnering with a property bondsman, you can eliminate the cost of the premium and build-up fund paid up the Iadder, thereby reducing the costs of doing the laundry. This would increase the amount available to cover part the bondsman's cut for cleaning up the money. 2) If they are actually operating on a govemment grant, is the government trying to increase the failure rate of bondsman getting people to court throughout the country thereby paving the way for the expansion of the federal government's pre-‘rial release program? Doubtful. 3) Could they be attempting to increase the FTA rate of defendants released by bondsmen, that are not on monitors, versus those defendants that are,on monitors in order to provide statistical success rate to substantiate the expansion of electronic monitoring throughout the country? ‘The whole thing smells real bad and could take our business down the drain really fast. [wastold by another bail agent that Zimmerman's got 13 defendants out in Harrisonbiirg several ‘months ago in the same fashion they did-over the weekend at MRBU. The bondsman is most likely inflating the nuimbers, but [imagine they did get some, We are riow getting phone calls where the caller is asking if we are the company that gets people out for free. Nexus has a new ad running on television (trying to get a copy) indicating "if you don't have the money for bail call us,” The word is spreading quickly. ‘The Sheriff has been made aware of Donovan's criminal history and provided the proof. There are eleven felony convictions on him and with that kind of record in his past, there is most likely fraudulent activity going on. I haven't seen much of Richard Moore. There is a new ‘guy on the ads which goes by the name of Evan Ajin, Vice president, I don't have his vitals “yet so I can't get his records at this time. ‘None of us can compete with free bail, and the results of free bail, will hurt us all in the end. 1 will keep you posted on further events and if you have any thoughts or suggestions I would like to hear them. David £, Bourne David L Bourne, General Agent (Office) 540-886-5447 (Mobile) (Facsimile) $40-886-5449 eet] Am EYES 272 Y ie) ‘he formation contained in thistransmisson is prvleged ard corfentl Tis intended for the ue ofthe persons) named above. if ‘you art tha intended recent, you are hereby noi thet any review, dsemination,detstion r dupltin ofthis ‘communications trict profited, I youaro not tastended reper, peat cotact the sender by rely en nd destroy a copes ofthe original messageEXHIBIT “B”From Snenoune Te: simon aut vas Subject: News Date “Thora, January 28,2006 5:23:45 PM Don, Please take a minute and check out this link httn/Wwww.nexusgives.com/-This was their nomination process. Turns out that the home they give away isn't actually given away, They only give it to them for 4 years rent free, Could someone then deposit dirty money into an account and ciim i as rental lncome to clean the money up? Rent isr’t deductible so the people living there wouldn't be deducting on their taxes, who would know? David £. Bourne David L, Bourne, General Agent (Office) 540-886-5447 (Mobile) (Facsimile) 540-886-5449 1-800-FOR-BAI... 1-900-387-2245 ————emnmy ‘he lformatoncontaes ints tranemissn is privlaged and confental i Intended forthe Ue ofthe person(s) meme bove. i you 3 not the intend recent, youre hereby noi that any review, eernation, Gs bution or dupicaton of TS commuricatlon sve profited. you are the Intended repent, pa contac the sender by reply emalnd destor a copes the olga messageEXHIBIT “C”From: Dave foune Tor simorauPsmaaustevaas Subjects Neus Date: Friday, January 28, 2036 2:12:32 PH Don, Please see the two links below. The first one isthe arrest of the two bounty hunters in Richmond that work for Schneider. The second one is an article about Nexus profiting from Immigration bail with electronic monitors. ICE states that It is perfectly legal to put them on monitors but what is interesting is if ou read on they say that Nexus isn’t connected to a bail bond company that gets them out, David L. Bourne David L Bourne, General Agent (Office) 540-886-5447 (Mobile) (Facsimile) 540-886-5449 1-800-FOR-BAIL PREY PE See eet ie) ‘The infermation cise this trencmaon fe pivleged snd cavicentit. Rs Intended forthe use of the parsons) nama above. vou rent the intend recpent, you ars hereby noted that ay em, serinaion,esibution or dupation ofthis Commuricaton ste prombited. i yousre not the ntandee recent, passe cota the sendarby reply eal and destroy al copies of the orginal message CrEXHIBIT “D”From: Pavedoune To: soenicomuaatavas Subject: Neus Date: Friday, Febru 0, 2015 4:35:14 PM Don, See the link below, The whole article is interesting but see paragraph 2, David £. Bourne David L. Bourne, General Agent (Office) 540-886-5447 (Mobile) (Facsimile) 540-886-5449 1-800-FOR-BAIL... 1-800-967-2245 ———— ‘The formation contain nts transmsion is pelleged and corident Ie sTnended forthe use ofthe persons) named above, if {you are no the Intend recht, you ar hereby note that any evew,dseminaton, ctrbuion ar duplication ofthis onmmuotation 's srcty protited. Hf you arent the Intend recent, please contact the sender by rept mall and destroy al copies cf te oil messeeeseve (GPS Brzcsots Could Help Jeli Overerowding and Save Tex Money “You can never get back the six months that you sit in jail without bond, but at least he didn't have to add to that’ said Carr. The use of this device could greatly reduce jail overcrowding as well as tax money, since the bracelets are fully funded by the defendant. “Ten or eleven-dollars sounds expensive, but think about i, that's one or two working hours a day," sald Donovan. "So, instead of siting in jail and doing nothing, a person can come out get to work and be @ more i productive member of society.” Rockingham County Sheriff Bryan Hutcheson said it is not something that they are planning on implementing. It would be up to the judge whether this becores more popular in the Valley. Donovan said he hopes to have at least 20 more pre-trial inmates out on bond this year and using this GPS. tracking bracelet. Follow Amelia Nahmias on Facebook. ‘Comments are posted from viewers like you and do not always reflect the views of this station. 40Comments = WHSV @ Login ~ @ Recommend 1 Shere Sort by Best ~ pe : : @ Join the discussion... ' CBS eee ieee 6 Guest + 4 years ago BES Again! More tax payer money wasied on criminals who don't care and think that belng in jail is better than out serving their community. Make them do hard-time and not a slap on the wrist because that's a slap in our face. They should be paying us to be put in jal! 3.0 ~ + Reply » Share» anniepearl # Guest - 4 ears ago you should go back and watch the vidéo again. this is e DEFENDANT FUNDED program...Not a penny from the state or taxpayers... t= + Reply - Share > anniepearl - 4 yeats ago: ‘Wow, this is pretty cool, and the best part is its all offender funded! ‘No more draining the pockels of the taxpayerlll!. Thats where the money needs to come froml! This is a WIN WIN for everyore...... 2s v + Reply + Share _MipdhnvwwhsvecrnmeheadinestGPS- Bracelet Aw -169777198 NtEXHIBIT “E”ct like I said a felony case averages about 16 months before final disposition. That's almost 3000. Now I know why Nagel got the legislation passed to allow the magistrates to issue Surety's Capias. When someone don't pay the fee or attempts to cut the monitor off, they can apprehend them and get the paper right away and lock them up, David L. Bourne, General Agent 1.800-FOR-BAIL.com (Office) 5 (Mobile) (Facsimile) ‘The information contained in this transmission is privileged.and confidential. Itis intended for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that arly review, disseminatin, distribution or duplication of this ‘communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message On Feb 5, 2016, at 5:11 PM, Don Moran seems their using the gps to off set not paying the fee On Feb 5, 2016, at 4:34 PM, Dave Bourne > wrote: Don, See the link below. The whole article is interesting but see paragraph 2. David L, Bourne David L. Bourne, General Agent, (Office) 540-886-5447 (Mobile) (Facsimile) 540-886-5449 ‘The information contained in this transmission is privileged and confidential. It is intended for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly probibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message‘This e-mail transmission may contain information that is proprictary, privileged and/or confidential and is intended exclusively for the person(s) to whom itis addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intetided recipient's designees is strictly prohibited. I? you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. Thank you. County of Augusta,EXHIBIT “F”From: Daueeasors Yor ‘inate Martin, land Medoe ce (Lute; SomenttaL, Hoa; Deble Walker Dave Pasnes Subject: ‘Bone Appeal = Jordan Olax Date: Friday, Febru 05, 2016 3:94:2 PM Attachments: msanODLong ince Hoy Tim and Alex. ‘The attorneys involved in this case and the individuals who were accompanying them are associated with Nexus Programs, a local group who is involved in supplying GPS tracking ‘equipment for illegal immigrants who are required to be tracked by the Federal Immigration folks, See link below... i helpful to read the comment section at the bottom. One of them wwas Mike Donovan: ‘They are trying to expand their services beyond their federal contract. Mike Donovan who says he is the co-owner, is the former spokesperson for the Virginia Bail Bondsmen. He was, involved in introducing legislation in 2008 and subsequent years to Jimit pretrial programs in ‘Virginia in order to boost bail bondmen income. The more defendants released to pretrial on PR bonds, the less income for bail bondsmen. Donovan lost his bail bondsmen license several years ago due to several felony convictions for financial crimes and now has reinvented himself in this GPS business. He served time and then was on probation in the Rockingham County area. How they make their money is they have their surety company cover the bail for defendants and then they require them to be on GPS ata daily fee. One of the problems is that they are not concemed about the risk of the defendant, just having someone out to pay them a daily tee. T'll be glad to slip over to chat, but I would be cautious of their operation. Best, David T. Pastors, Director Blue Ridge Court Services White Star Mill 125 South New Street Staunton, VA 24401 540-886-1008, Ext, 4208 pastorsdt@ci,staunton,va,us From: Timothy Martin [mailto:tmartin@co.augusta.va.Us) Sent: Friday, February 05, 2016 2:45 PM To: Alexandra Meador Ce: Dave Pastors Subject: RE: Bond Appeal - Jordan Diaz Alex, Please contact Dave Pastors about the attorneys you're dealing with on this one, Thanks, Tim From: Ashleigh Simmons Sent: Friday, February 05, 2016 1:13 PM To: Alexandra Meador Julie Hawkins ; Patty Campbell ; ASimmons@courts state.va.us; Timothy Martin ‘Subject: Bond Appeal - Jordan Diaz Ladies, ‘Abond appeal has been set in Circuit Court for Thursday, February 11, 2026 at 11:00 AM. ‘Alex will handle this. Thank you, Ashleigh Harris Simmons Paralegal County of Augusta Commonwealth's Attorney's Office Phone: 540.245.5313 ext. 109 Email; asimmons@coaugustavaus This e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. ‘Thank you. County of Augusta.EXHIBIT “G”From: Benoune Ter imatineoauausta. rau Subject: Neus Date: Wechesday, February 19,2046 10:08:39 PM Attachments: RECOGAIZANCE» JENNINGS, CAROL od Tim, Below are several links about Nexus. As | sald the President is Michael Donovan and the Executive Vice President is Richard Moore. Both are convicted felons multiple times and they are running a scam on the communities of Harrisonburg, Rockinghiam, Staunton, Waynesboro and Augusta County and | fear that other locations are soon to come. You will not see Donovan or Moor’s name and title anywhere but you will hear Donavan identify himself and his title. Moore is out of sight but he is still the Executive VP, | would prefer that you get the criminal history stuff from Don Moran at ACSO ‘540-457-9928. | printed all the dispositions but I'm sure the most accurate records are what he pulled. Make sure you take an hour and watch the 2 episodes of Breaking Through at the bottom of the list, That will give you 3 clear picture of what they are trying to achieve. Keep in rind when you are watching that these are con men and wicked smart. They make themselves out to be pillars of, the community with all of the stuff they give away but read the fine print. One question to ask is, where does the money come from? How does a business stay alive with all the money going out? Attached are the bonds that | know of that they posted for free. One of the I bonds was posted with 2,000 cash. The Chief Governmental Affalrs Officer for Nexus Services, Richard Nagel, posted ali the bonds, with the exception of IN and [IIII, through a bonding company out of Northern Virginia Called BRIAN COLE BAIL BONDS, They write corporate surety on Financial Casualty & Surety paper and they do this with immigration bail throughout the country. David Wayne Schneider, owner of Zimmerman’s Ball Bonds out of Chesterfield, came in and posted for = My understanding is that the bondsmen just roll in post the bail and leave: They don’t get vital information from the client in case they néed to find them and they don’t get family members to sign for them, They just post and go. That leaves the community in a vicarious situation. Keep in mind that convicted felons are not eligible to be licensed bail agents and that is exactly what they are trying to be and they want to supervise the defendants through electric monitors. They will use ‘ree ball as the hook with an agreement that the defendant wear and pay for an electronic monitor at $11.00 per day. The average life of most case is about 12 months, $11.00 per day X 365 is $4,015.00. Please see my illustration below as compared to the bail bond itself. There is certainly a place for them in some cases but electronic monitors should only be used when it is mandated by the court. Otherwise it becomes @ form of extortion by making the defendant pay $420.00 per ‘month under the threat of being returned to jail Bail Bond $500.00 @ $11.00 per day = $77.00 per week for § weeks (last payment $28.00) = $500.00, Flectric Monitor @ $11.00 per day = $77.00 per week for 52 wooks = $4.004,00 (52 weeks is average dispositiontime) All my Best. Dave NEXUS PROFITING FROM IMMIGRANTS WITH ANKLE MONITOR for-a-gps-ankle-brarelet/ NEXUS GIVES / HOME NOMINATION PROCESS buiavéwww.newuseives.com/ CHRISTMAS GIVE AWAY PROGRAM ttos/youtube/Yil2UZsRSu8 HOME GIVE AWAY ‘httos://voutu be/DrrQUstrsM0 NEWS LEADER STORY OF NEXUS MOVING CORP HEADQUARTERS TO VERONA NEWS LEADER AD INEXUS LEADERSHIP TEAM NEXUS WEBSITE HOME ‘ttp:/Awww librebynexus.com/ Breaking Through Episode 1mode=jgm David L. Bourne David L Bourne, General Agent (ome) 50.886 57 (vo (Facsimile) 540-886-5449 1-800-FOR-BAIL.. EY YE See tee i) ‘The information contain ths tranamislon is rvlaged ane conioentl is inerded forthe ure ofthe peteons| amas above. It youre not the intends recipient, you are hereby notified thet any revew,dsemiaton dst o duption ofthis communication vey prehiied,iyou ae notte ntended rein please contac the sender by reply email 2nd desoy all copiesofthe rigial messageEXHIBIT “H”From: Dae Bane Ter ‘marinara Subject: News ate: anday, February 15,2016 7:18:05 BREAKING THROUGH EPISODE 3, Looks like they're going after MRRJ over the next 3 weeks, David L, Bourne, General Agent (Office) $40-886-5447 (Mobile) (Facsimile) ‘The information contained in this transmission is privileged and confidential. It is intended for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, disseminatin, distribution or duplication of this ‘communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original messageEXHIBIT “I”From Dues To! iaemcnauoutavaue Subject: News ater Monday, February 15, 2016 5:26-40 PM Deer Jack, Please see the links below. Breaking Through Episode 3 DONAVAN ~CARMAX Best, David £L. Bourne David L. Bourne, General Agent (Office) 540-886-5447 (Mobile) (Facsimile) 540-886-5449 1-800-FOR-BAIL.. YY Pt See tit i) {he information contalnedin ths tranamisson i prvdeged paearidentl, 1s Intended forthe use of the persons) named above. you se not the ftendes relent, you are hereby noted that any review, cuseinatin dstbuon or upestion of this ‘Commutation srt probed, Ifyou ae not the Innded recipient, plae contact the sender by rely emalland ces all copies of the oiinl messegeEXHIBIT “J”skis ‘Sant ue Prd: NEU onde, Febwary 15,2016 9:17:52 FM ‘Attachments: nagaziog Hey Boss, When you get a chance and a little time watch the 3 episodes attached. This group needs to be watched closely. They could be recklessly dangerous to the whole criminal justice system. Jee Sent from my iPad Begin forwarded message: From: Dave Bourne ebruary 15, 20)6 at 5:27:45 PM EST Subject: NEXUS. Dear Jack, Please see the links below. Breaking Through Epicodo 3 DONAVAN ~ CARMAX Best, David £. Bourne David L. Bourne, General Agent (Office) 540-886 5447 (vobie (Facsimile) 540-886-5449Se i | “he efoematon contained wi ansrion ir prlaged and conn Wi tiie forte se ofthe persis) named above. you ae notte iended recipe, you ate heey noted tha an review, dseminatcn, stibutin or dupteation ofthis comminiation is stretly probed you are notte intended ecsen pase ‘contact the sender by epy era and destroy al copies of thecal message ‘This e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. ‘Thank you. County of Augusta.EXHIBIT “K”From: ‘aches Ye: ee Yous Los choke: ave Cauley, Amber Mosier, J ily; Boh Mowbray; Tanta Subject: Fre NUS Date: Monday, February 15, 2016 6:57:06 PM ‘Attachments: agel2ig Watch all three episodes. Sent from my iPad Begin forwarded message: From: Dave Bourne Date: February 15, 2016 at 5:27: To: Subject: NEXUS Dear Jack, Please see the links below. Breaking Through Eplecde 3 DONAVAN ~ CARMAX httoy -pald-to- protest. of Best, David L. Bourne David L. Bourne, General Agent (Office) 540-886-5447 (Mobic) (Facsimile) 540-886-5449 ieintndc for the use ofthe pesos) named above. fyou sr ao th intended reper, you ae hereby nated hat any ove, cserination, ‘Astibeton or dupa ofthis communications sty phe. MFyou are not the intended recipient pease antact he sander by reply ema ang ese al copies of the orignal messageEXHIBIT “L”From Mis Beane Tor soaaldmocnatetu.ooe ce: ood Sm; Wem Spence Subject: Document aver “harsday, Fobrury 25, 2016 12:16:51 PE Attachments; Document. coos Events of 2-25-16. Michael Roane Investigation’s Division ‘Augusta County Sheriff's Office 540-245-5333 {Events of 2-25-16 low. M. C. Roane (On 2-25-16 CWA Tim Martin contacted me via phone at approximately 0825 hours. He sald that he was preparing for a bond review in the case of Commonwealth VS. Diaz, The bond hearing was set for ‘Auguste County Circuit Court at 0900 hours. | am currently working the alleged rape case where Diaz has been charged. There was one previous bond hearing, where bond was denied. This isthe final review of bond in the local court system, | told Tim that | would appear and observe the case even though was not expected to be called as a witness. | arrived at the court house at approximately 0900 hours. As | entered the upstairs portion of the building, | observed several (approximately 15-20) Hispanic decent persons waiting directly outside of the court room. | entered the room and was positioned in the front row. A few minutes later, the proceedings began. All of the persons that were waiting outside, appeared in the courtroom and took a seat on the left side ofthe gallery, Eventually | repositioned myself and was now seated on the right side. | am vaguely familiar with the case that Inv. Moran is involved with regarding the Nexus Company. This Is the same company that has employed Diaz's’ attorney. Based on my limited knowledge, | took several photographs of the persons in the courtroom and forwarded them via text to Inv. Moran, We ‘exchanged a few text messages, Inv. Moran encouraged me to take as many photographs as possible to assist in his investigation. 1 then contacted Lt. Leveck via text and requested that he and other lnvestigators respond to the Wharf parking lot in a covert manner. | requested that they observe the group and photograph vehicles and tags to assist inv, Moran. The bond hearing lasted approximately 2 hours, with the Judge remanding Diaz to be held without bond, | then left the courtroom and exited the building. As I eft the building | heard a male’s voice call for me. | turned around and noticed a middle ‘aged male dressed in a suit approaching me. | had previously noticed him in the courtroom seated with the rest of the group. The male asked for my name. | responded by asking him, who wanted to know. He then explained that he was a private investigator forthe defense. | responded by saying that | wasn’t ‘going to give him my name. He then asked me if| was involved in the case. | told him that | was not ‘going to speak with him, He then responded by saying it was worth a try and requested to speak to me at some point and time. | then told him again that | did not wish to speak to him and promptly walked away. | then went into the building across the street and photographed the male that | had just encountered. | called inv. Moran via phone and explained what had just occurred, He asked that {write i a Word Doc explaining my interactions. He also asked that {brief the Sheriff on the interaction. 1 promptly responded to the office and met with Captain Spence. Sheriff Smith was in a meeting so Capt. Spence was briefed. | completed this Word Doc and forwarded it to inv. Moran via email. The photographs taken by myself and Lt. Leveck will also be forwarded to inv. Moran. |EXHIBIT “M”From: “Tinathy Masta To bine wales Subject: Re: Diaz Bond Hearing Today Dater Thursday, February 25, 2016 1:72:22 PM ‘Thank you so very much for this, It means an awful lot to me, I really can't stand these people and have no clue where the money comes from. Is weird. Sent from my iPhone On Feb 25, 2016, at 1:16 PM, Debbie Walker wrote: 6000 108 today!!! | was proud and confident having you represent the County in the ‘Nexus dog and pony show/fight ‘Your question to the dactor about her compensation appeared to startle the defense “team”, Her answers were interesting, too! Giad you're in that office! Debbie Walker Pretrial Program Manager Blue Ridge Court Services White Star Mill Building 1205. New Street Staunton, VA 24401 540-886-1008, ext. 4202 ‘This e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by retam e-mail and delete all copies. ‘Thank you. County of Augusta,EXHIBIT “N”“Tanai Hatin Donon ds appointment Dater enday March 07, 2016 2:55:49 PM FYI. Thoughts? Ihave told Patty she can feel free to schedule this sort of thing, but I am not ataall interested in meeting this guy. Sent from my iPad Begin forwarded message: Subject: appointment Tim, Rick Nagel from Nexus Services in Verona called and scheduled a meet and greet with you for tomorrow morning @ 9:30. Nothing specific, just wanted to meet and let you know about services (| believe they work with immigrants}. His # is S40-478-5313EXHIBIT “O”From: Moran, Danald Lc Tor ‘ald Smit Subject: Report Date: onday, March 07, 2016 9:38:08 AN Hey, Can you do report for the Event when Nexus came ta the office to talk about Don Moran. ‘Thanks, | know your busy. We are going to the US Attorneys office in Roanoke tomorrow to discuss this case. Hopefully we will get good news. Ill keep you posted. Thanks Don.EXHIBIT “P”From: ctu ‘To: oowOvaNenuss s.come Subject: BUSINESS LICENSES Date: Wonday, March 07,2036 08:99PM fttachments: — |aged0iong ‘Scan fom. Hex WorkCentre (585 KD.g Good Afternoon Mike, | would lke to thank you again for meeting with us today and allowing a walk-through of your beautiful facility | have attached the bills from the Treasurer’ office for Libre By Nexus, Inc, Entertainment by Nexus, Inc, Nexus Properties, LLC and Nexus Services, Inc, These are the only ones that hed balances due on them. The other business licenses will have no amount due, so | will get those issued soon. Once these are all paid, you will receive the actual business license showing gross receipts and total tax, Let me know if you have any questions. Thank you again and we are so happy to have Nexus in ‘Augusta Countyl] Joy Mauzy, MDCR Tax Autor Jrauzy@co sugustaveus ‘Augusta County Government Center P.O, Box 859) Verona, VA 24482 5802455640 phone 5#0.245-5179 fn This e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient’s designees is strictly prohibited, If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. ‘Thank you. County of Augusta.EXHIBIT “Q”From: Sexe R Enea To: dnp Maucy Subject: Res Hey ater “Tuesday, March 08, 2016 3:00:57 ML Attachments: Inaged0ong Give me 2 minute and i will log into Augusta and get it for you. If he's in El Salvador | want to be in Alaska. 3 From the desk of Ray Ereenbright Business Auditor, City of Harrisonburg From: Joy Mauzy {maito:jmauzy@co.auguste.va.us] Sent: Tuesday, March 08, 2016 3:00 PM Tor Gene R. Ergenbright Subject: RE: Hey | did check the folder Meany! There was only my originat spreadsheet init Fine, but you might want to consider El Salvador and | know someone you can go with!!! Joy Mauzy, MDCR Tax Auditor imauzOcomumsiasns ‘Augusta County Government Centor Po. sox 259 Verone, VA 24462 402485640 phone 02655179 ae From: Gene R. Ergenbright (mailto:Ray.Ergenbrisht@ hatrisonbureva.govl Sent: Tuesday, March 08, 2016 2:54 PM ‘To: Joy Maury <|mauzy(@ co.augusta,va.us> Subject: RE: Hey(Ok, you mean person, check the folder. There should be one named ???(Revised) it think. You didn’t ask me very nicely and my feelings are hurt and i think | need to let you know that right up front, Now straighten up or | will retire and move to Pakistan. And | will TAKE MY BUSINESS with me ‘and Augusta County will have to close its doors! And you and Larry will have to tax each other I! From the desk of Ray Ergenbright Business Auditor, Cty of Harisonbirg From: Joy Mauzy Sent: Tuesday, March 08, 2016 2:48 PM To: Gene R, Ergenbright Subject: RE: Hey You sent me the Nexus letter but not Efco! Joy Mauzy, MDCR Tax Auditor mau cuneate ‘Agusta County Goverment Contor Po. Box ess Verona, VA 26482 50.285 3640 phone 402495179 ox From: Gene R. Ergenbright (msilto:Ray.Ergenbright@harrisonburgva.govl Sent: Tuesday, March 08, 2016 2:43 PM Tor Joy Mauzy Subject: RE: Hey MEANYLFrom the desk of Ray Ergenbright Business Auditor, City of Harrisonburg From: Joy Maury (mailto: Sent: Tuesday, March 08, 2016 2:42 PM To: Ray Ergenbright; Gene R. Ergenbright Subject: Hey Dic you get the spreadsheet for Efco finished? Joy Mauzy, MDCR Tax Auditor ‘Augusta County Gover P.O, Box 968 ‘Verena, VA 24482 540245 S40 phone 540.245.5179 fox nt Center ‘This e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom it is addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. ‘Thank you, County of Augusta, ‘his e-mail transmission may contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom itis addressed, Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly prohibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete ail copies. ‘Thank you, County of Augusta. ‘This e-mail transmission may. contain information that is proprietary, privileged and/or confidential and is intended exclusively for the person(s) to whom itis addressed. Any use, copying, retention or disclosure by any person other than the intended recipient or the intended recipient's designees is strictly probibited. If you are not the intended recipient or their designee, please notify the sender immediately by return e-mail and delete all copies. Thank you. County of Augusta,EXHIBIT “R”HINEXUS SERVICES 6 April 2016 Patrick J. Morgan, County Attorney Augusta County Government Center 18 Government Center Lane Verona, Virginia 24482 BY FACSIMILE Dear Mr. Morgan, Pursuant to the state open records law Va. Code Ann, Secs. 2.2-3700 to 2.2-3714, I write to request access to and a copy of all communications, to include paper or electronic, which contain any or all of the following terms: Nexus, Michael Donovan, Richard ‘Moore, Evin Ajin, or Gordon Tumer. If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address, agree to pay any reasonable copying and postage fees of not more than $200.00. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for cach docurnent. As provided by the open records law, I will expect your response within five (5) working days. See Va. Code Amn. Sec. 2.2-3704(B).. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely, Also, please provide all segregable portions of otherwise exempt material. T would uote that willful violation of the open records law can result in a fine of up to $1,000, for which you can be held personally liable, See Va. Code Ann, Sec. 2.2-3714. Court costs and reasonable attorney fees may also be awarded. See Sec. 2.2-3713(D). ‘Thank you for your assistance. Sincerely, David B. Briggman Director of Special Projects ‘Nexus Services, Inc. (540) 908-9634 Nexus Services Inc, 113 Mill Place Pkwy, Suite 103 Verona, VA 24482EXHIBIT “S”: HINEXUS SERVICES: Mike Donovan President/CEO Nexus Services Inc. 113 Mill Place Pkwy Suite 103 Verona, VA 24482 W Jean Shrewsbury : Commissioner of the Revenue Augusta County Government Center PO Box 959 Verona, VA 24482-0959 May 16, 2016 Dear Ms. Shrewsbury; Ourcompany received a response to a FOIA request, filed on April 6, 2016. The ' FOIA requested copies of all emails and correspondence containing the names of our:companies or our executive team. Several of the emails tumed over in the ‘county's FOIA response were from your office. Jam attaching a few of the emails to this letter. As you can see, the emails reference Nexus and specifically one or two people who have recently traveled , to El Salvador. The two members of my team who shared these travel details to | you and your team were Gordon Turner and Richard Moore, ‘The emails in question are between “Ray Ergenbright” and “Joy Mauzy". The emails include images of “Adolf Hitler emojis” while simultaneously making fun of jan African American member of my leadership team and an openly gay member of my leadership team. You are a constitutional officer. Your actions toward our company have been “openly hostile and inconsistent with your duties as the Commissioner of the Revenue. The open hostility and hate rhetoric used by your staff is an example and manifestation of your unprofessionalism and your vile sense of unchecked Poweriand:abuse of the power of your office. The emails | have seen from your office literally make me sick, and I do not believe | can continue to work with you in good faith. | simply doubt your faimess and | will not work with people who ‘would allow their employees to glorify a mass killer of minorities, It should be sNoted that the emoji used was traced to a white supremacist hate site. | will be adjusting our revenue estimates based upon the Information you sent me, and | will file those estimates and pay any outstanding bpol tax on them by June 1, 2016. At that point | will cease cooperation with your agency and | will- fetain alllegal-remedios.at my disposal to keep your office from violating the civil rights of my employees and our clients. | humbly, and without expectation that you'll do. the right thing, make the following requests: * You should dismiss Joy Mauzy from her position with your office. * You should dismiss Ray Ergenbright from his part time position with your office: * You should resign. \ do not believe you will do what is tight, but | hope.| am wrong. Please remind ‘ your staff that emails are forever, and the next time they want to make fun of taxpayers (and use racist, anti-Semitic, and homophobic vitriol or images in : emails), that there is a possibilty that those persons they are attempting to bully and harass:might just see those emails. Shame on you and your team Ms. Shrewsbury. I remain disgusted by your office. Sincerely, Mike Donovan Cc: Augusta County Board of Supervisors ‘Amanda Glover, Economic Development Patrick Morgan, County Attorney, Augusta County Karen Rose, Commissioner of the Revenue, Harrisonburg City Honorable Christopher Jones, Mayor, Harrisonburg City| eeom: ‘Genet Etgense To: docu . | subject: Be: Hoy Date: ‘yest Hare 0, 2016 3:00:57 ‘Attachments: gagetsong {Give mea minute and | will log into Augusta and gett for you. If he’s in.El Salvador I want to'be in ‘Alaska ‘From the desk of Ray Ergenbright [Business Auditor City of Harisonturs ‘From: Joy Mauzy [maiito:imauzy@co.augusta.va.us} ‘Sent: Tuesday, March 08, 2016 3:00 PM. ‘Tot Gene R, Ergenbright ‘Subject: RE: Hey Il did check the folder Meany! There was only my criginal spreadsheet init! Fine, Joy Mauzy, MDCR Tex Auditor awgcousutasau at uty Gover ener PS ease Vero, Va 2442 sapisaueo pene Sozessisn From: Gene R. Ergenbright (mallio:Rav.reenbright@harrisonbureva.gov) Sent: Tuesday, March 08, 2016 2:54 PM ‘To: Joy Maury Subject: RE: Hey ‘but you might want to consider El Salvador and i know someone you.can go withll!t(Ok, you mean person, check the folder. There should be one named ?7?(Revised) it think. ‘You didn’t ask me very nicely and miy feelings are hurt and I think | need to lét you know that right up front. Now straighten up or | will retire and move to Pakistan. And Iwill TAKE MY BUSINESS with me ‘and Augusta County.will have to close its doors! And you and Larry will have to tax each other I! ‘From the desk of Ray Brgenbright ‘Business Auditor, City of Harrisonburg (From: Joy Mauzy [malto:imauzy@co,auausta.va.us) ‘Sent: Tuesday, March 08, 2016 2:48 PM [Tot Gene R. Ergenbright ‘Subject: RE: Hey You sent me the Nexus letter but not Efco! Joy Mauzy, MDCR "Tex Audlor nme suoustasaaa ‘Augusta County Goverment Conter 0.04958, Yorone, va 2462 40.05 5500 phone 510245578 on From Gene R Ergentright [alte ta Ereenbrisht@hacisonbureva gow) Sent: Tuesday, March 08, 2016 2:43 PM To: Joy Mauzy- Subject: RE: Hey t MEANYEXHIBIT “T”OFFICE OF THE COUNTY ATTORNEY ‘County of Augusta, Viginia 18 Government Center Lane, P. 0. Box 580 Verona, Virginia 24482-0690 (640) 246-5017 (Voice) (640) 246-5096 (Fax) Patick J Morgan ‘County Aitorney pmorgangeosugustavaus May 18, 2016 David B. Briggman_ 4 f Director of Special Projects BELO Nexus Services 113 Mill Place Parkway, Suite 103, Verona, VA 24482 RE: FOIA Request of April 6, 2016 Dear Mr. Briggtman: In response to your FOIA request for documents with the terms Nexus, Michael Donovan, Richard Moore, Evin Ajin, or Gordon Tuner, I sent the attached e-mail that said a flash drive with 104 documents wes prepared for you to pick up. It has been discovered that the flash drive you obiained contained more than the 104 documents that met the criteria you and I discussed, ‘The release of the additional documents was inadvertent and was not intended to be part of the County’s response. Some of the additional documents contain confidential taxpayer information and itis a violation of Virginia Code Section 58.1.3 for you to possess it. For that reason, itis asked that you return the flash drive and destroy any copies of it you may have made. In return, the County will issue you a new response with only those documents you are legally entitled to. Tthank you for your cooperation in this matter. [Signature Page Below]Sincerely, Blot) rye Patrick J, Morgs County Attorney PIMies Enclosure STATE OF VIRGINIA COUNTY OF AUGUSTA ‘The foregoing instrument was acknowledged before me this 18" day of May 2016 by Patrick J. Morgen, County Attomey. / ~ dril Setter de lotary Public My Commission Expires: October 31, 2017 OE, SOM GoW A SOLS $8 pasaont “ay forane “arianPat Morgan From: Pat Morgan Sent: ‘Thursday, April 21, 2016 4:44 PM Te ‘dbriggman@nexushelos.com! Subject: Your FOIA Request Mr. Briggman: have completed the collection of documents you have requested to be produced under the provisions of the Virginia, Freedom of Information Act. The County staff was polled and no paper documents were found that fit the criteria you and | discussed on the phone. However, there were over 2,600 e-mails with the terms Nexus, Michael Donovan, Richard Moore, Evin Ajin, or Gordon Turner. It took eight hours to review those e-mails to determine which met the criteria you and | discussed. Most did not involve Nexus Services at all. To comply with your request, | have copied 104 e-mails that did meet the criteria we discussed onto a flash drive. You may come to my office and pick it up at your convenience. {In accordance with Section 2.2-3704 F of the Code of Virginia, the county Is authorized to make reasonable charges not to exceed its actual cost incurred to produce requested records. The County Administrator and I agree that the fee of $100 is reasonable and does not exceed our actual costs. if you have any questions concerning our response to your request, please do not hesitate to contact me, Patrick J. Morgan County Attorney