December 30, 2010

The Honorable Richard Cordray The Honorable John D, I<'"t'r",'n

Ohio AfTnrt,,,,,
U\cJli\CL,Ul Stark County Prosecuting Attorney
30 E. Broad Street Floor 110 Central Plaza South, Suite 510
Columbus,OH 43215 Canton, Ohio 44702-1413

RE: Referral of investigation findings and recommendations concerning alleged violation of

Ohio election law (RC. 3599.05) by Paul Siegfried, McDonald's Franchisee, Stark
County, Ohio

Dear Attorney General Cordray and Prosecuting Attorney Ferrero:

In accordance with RC. 3501.05(N)(1), I am forwarding to you the written report and
recommendation prepared by Attorney Rebecca M. Gerson, whom I appointed to investigate
allegations that Paul Siegfried, acting in his capacity as a McDonald's franchisee, violated RC.
3599.05 in connection with the November 2,2010 federal and state elections on the election
ballot in Stark County, Ohio.

On October 28, 2010, I became aware of reports that Mr. Siegfried, a McDonald's franchisee in
Ohio's 16th Congressional District, had enclosed 'with his employees' paychecks correspondence
on McDonald's stationery suggesting that they support three specific candidates - one for state
office and the other two for federal legislative office - in the November 2, 2010 general election.
The correspondence further contained one or more statements that the employees would not
continue to receive raises and benefits unless the three candidates were elected.

Section 3599.05 of the Revised Code of Ohio provides as follows:

No employer or his agent or a corporation shall print or authorize to be printed
upon any pay envelopes any statements intended or calculated to influence the
political of or its or or exhibit in the establishment or
establJishlncllt any or bills
'Vll~'f"tt!c,r c;an<lHlate is
or
pOlltlcal opiniotls or

of COrl'upt pral::tIC(~S,
 Attorney General Richard Cordray Page 20f2
Stark County Prosecuting Attorney John D. Ferrero
l)e,cernb(~r30, 2010

Schulman, attorney an Stark McDonald's who had

received the letter authorized by Mr. Schulman provided a copy the letter
a a Mr. issued (on Inc." stationery)
to all his 2010. For information, I am that Attorney
Schulman's anonymous.

Ms. Gerson also conferred with County Prosecuting Attorney John D. Ferrero and Canton
Law Director Joseph Martuccio to discuss the particulars the investigation and jurisdictional
issues. Neither the county prosecutor nor the law director's office had begun a formal
investigation. Prosecuting Attorney Ferrero and Law Director Martuccio agreed to work with
Ms. Gerson and await my decision as to what action should be taken. Ms. Gerson also met \Nith
Mr. Siegfried and his legal counsel, Randy Snow.

After completing investigation, Ms. Gerson prepared a written report (including exhibits)
and recommendations. Ms. Gerson determined that Mr. Siegfried's action constituted a
violation of R.C. 3599.05. She has recommended that Mr. Siegfried be prosecuted. She has
further recommended that Mr. Siegfried be provided the opportunity to enter a plea no
contest/guilty to a single violation of R.C. 3599.05 \vith the stipulation that he pay the requisite
maximum fine of $1000.00. I am in agreement \\rith her recommendations and request that you
determine between yourselves how you \\1sh for this matter to proceed to prosecution.

Your prompt attention to this matter is greatly appreciated. If you have any questions
concerning this matter, please feel free to contact Ms. Gerson or my General Counsel, Brian E.
Shinn; their contact information is pr0\1ded below:

Rebecca M. Gerson Brian E. Shinn

Attorney at Law
R. M. Gerson Law, LLC
3671 Staunton Drive
Youngstown, Ohio 44505
Tel. (330) 540-4011;
Email: RMGLAW192@AOL.COM
General Counsel
Office of Ohio Secretary of State Jennifer Brunner
180 E. Broad Street - 15th Floor
Columbus,OH 43215
Tel. (614) 728-5639
Email: bshinn@sos.state.oh.us

Sincerely,

Jennifer Brunner

cc:

Gn~tcl1en A. Quinn (w/out en(~lolmres)

Allen Schulman