Reed sii Reed Sma ur 7800 Tysons One Place eager 02970 om MeLean, VA 22102 978 rayson P Hones “Hose 4200 ‘Sree Phone 1 703641 4232 cat att ghaneeereedanuh om te euntbco ‘May 9, 2019 By Email (jeflmckay4supervisor@pmail.com Supervisor Jeffrey C. McKay Board of Supervisors Franconia Governmental Center 6121 Franconia Road, Alexandria, VA 22310 Re: Anonymous Allegation Supported by Memors Dear Supervisor McKay Enclosed is my memorandum, my opinion and several exhibit books regarding the criminal allegations against you. They are completely baseless. I will provide a link for the exhibits. {thoroughly investigated the claims through documents and interviews. ‘The Nelson Mullins firm did none of this. They invented some smoke but there is absolutely no fire. If you desire me to discuss this with the media, just let me know. If you have any questions give me a call, Twill send this along to the County Attomey. I assume you will provide these to the Board members. ‘Very truly yours, REED SMITH LLP buygi Dl A fs By: Grayson P. Hanes GPH:ke Enclosures ec: Taylor Holland (taylor. holland@gmail.com) Us AcE testo cranes esoa%6227ReedSinit! MEMORANDUM nce ovcennS tne Reed Sth we 7800 Tysons One Pace Site 500 MeLean, vA 201025970 From: Gayton P. Hanes Direc Phe: 708 Bet 4250 Fax 70364 4300 Erma ghanes@rendbih com reedsmitcom TO: Jeffrey C. McKay, Fairfax County Boatd of Supervisors, Lee District (leedist@fairfaxcounty.gov) CC: Sharon Bulova, Chairman Fairfax County Board of Supervisors (chairman@fairfaxcounty.gov) Penelope A. Gross, Vice Chairman, Fairfax County Board of Supervisors, Mason District (masonva@ifairfaxcounty.gov) John C. Cook, Fairfax County Board of Supervisors, Braddock District (braddock@ fairfaxcounty.gov) John W. Foust, Fairfax County Board of Supervisors, Dranesville District (dranesville@fairfaxcounty.gov) Catherine M. Hudgins, Fairfax County Board of Supervisors, Hunter Mill District (hntemili@fairfaxcounty.gov Daniel G. Storck, Fairfax County Board of Supervisors, Mount Vernon Distr (mtvernon@fairfaxcounty.zov) Linda Q. Smyth, Fairfax County Boatd of Supervisors, Providence District (provdist@fairfaxcounty.cov) Pat Herrity, Fairfax County Board of Supervisors, Springfield District (springfield @fairfaxcounty.20v) Kathy L. Smith, Fairfax County Board of Supervisors, Sully District (sully@fairfaxcounty.gov) Elizabeth O. Teate, Fairfax County Attomey (Elizabeth. Teare@ fairfaxcounty.gov) SCOPE OF REPRESENTATION You retained me to investigate allegations made by an anonymous person and provide a response to allegations of criminal conduct regarding your actions as a Supervisor on the Board of Supervisors of Fairfax County. You have directed me to be completely transparent and candid with you, the Board of Supervisors, and the County Attomey. ‘Lieviewed various items posted on social media, an article posted on a website by “Truth Fairfax”, two undated memoranda by Solomon L. Wisenberg and Graham R. Billings of the law firm of Nelson Mullins Riley & Scarborough, LLP (the “Law Firm”), and an email forwarding an ethics complaint dated April 23, 2019, including the Law Firm Memoranda, to the members of the Board of Supervisors of Fairfax County, Virginia, and Elizabeth O. Teare, Fairfax County Attorney. us pemve esrOther matters reviewed are the applicable Federal Statutes, Code of Virginia, Ordinances of Fairfax County, tax assessment records, land records of Fairfax County that contain deeds, records of the Virginia State Corporation Commission, minutes of the Board of Supervisors, relevant zoning applications, the sale of your prior home, the contract for the sale and purchase of your present home, its financing and value. I have interviewed you, Michael McGhan, his attorney, Glenn H. Silver, Marco Lopez, the settlement attomey for the closing of your home, Richard Rounds and Warren E. Halle of The Halle Companies. I believe these people to be honest and credible, Enclosed is an exhibit book to be considered with this memorandum, my investigation, opinion and conclusion. It contains a number of documents, title information, tax assessments, contracts, case law, the memoranda of the Law Firm and relevant statutes, The following people are involved in the relevant transaction: 1. Ieffrey C. McKay (“Supervisor McKay”) ~ At all times relevant, Supervisor McKay has ‘been a member of the Fairfax County Board of Supervisors for Lec District. His home address is 7016 Roxann Road, Alexandria, Virginia, He was previously a member of the staff of Dana Kauflinan, the prior Lee District Supervisor. 2, Michael A. MeGhan (McGhan) is a small builder/developer of property primarily located in Fairfax County. He is a personal friend of Supervisor McKay and made contributions to his political campaign. McGhan bought a lot and built a house on it for Supervisor McKay and his family. He also built a house for his family directly across the street from Supervisor McKay. He has known Supervisor McKay for approximately 15 years. The contract to build the house for Supervisor McKay was a negotiated price representing fair market value. 3. Glenn H, Silver (“Silver”), is a partner in the law firm of Silver & Brown in Fairfax, Virginia. Silver formed various entities for McGhan, one of which is Roxann, LLC, a Virginia limited liability company. Silver is the real estate, corporate and tax attomey for McGhan, 4, Roxann, LLC is a Virginia limited liability company (“Roxann”). It is owned by Michael McGhan. Its managing member is his attomey, Glenn Silver, for tax reasons. 5. Warren N. Halle (“Halle”) is areal estate developer. Halle developed a large project in the Lee District of Fairfax County known as Kingstowne. Kingstowne is a large mixed-use development of residential and commercial properties. Halle has processed many land use applications for properties in Kingstowne, Kingstowne was purchased after a rezoning action on June 17, 1985. Halle has made political contributions to Supervisor McKay. 6. Richard Rounds is an executive of The Halle Companies. He is a representative of Halle regarding land use cases and real estate. 7. The property of Supervisor McKay and his wife is located at 7016 Roxann Road, Alexandria, Virginia 22315 (the “Subject Property”). It’s legal description is Lot Number 20, Section One (1), Dewey Park Subdivision. It was created by a Deed of Dedication the 9 day of March 1953. It is zoned to the R-I zoning district and contains one-half (1/2) acre of property. A detached residential home is a use of right in the R-1 zoning district. It has not been the subject of any rezoning since 1953. Supervisor McKay and his purchased Lot 20 with a home constructed by MeGhan (Roxann, LLC) on November 14, 2017. The property of Roxann, LLC is located at 7015 Roxann Road, 2e