| Appearance by Walter Reed in connection with a waiver request submitted by Walter P. Reed, District Attorney -22nd Judicial District, regarding a $2,500 late fee assessed for not filing his 2014 Tier 2 Annual PFD as of this date and a $2,500 late fee assessed for not filing his 2015 Tier 2 Annual PFD as of this date; and, and a request to suspend filing dates of the personal financial disclosure statements and campaign finance reports. |
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Attorney Richard Simmons (on Mr. Reed's behalf) states that he is representing Mr. Reed in connection with a criminal indictment. Mr. Reed was convicted of several federal offenses, which conviction is being appealed. Mr. Simmons asserts that portions of the conviction relate to IRS violations and other financial allegations.
Neither the 2014 nor the 2015 PFD has been filed. Mr. Reed has been assessed a $2,500 late fee for both failures to file. It is the Board's practice to not consider waiver requests when a filer has failed to file his pfd.
Further, Mr. Reed is still required to file campaign finance reports in connection with the November 4, 2014 election as he still has a surplus in his campaign account. Mr. Reed has not filed his 2016 Supplemental Report and he has been assessed a $2,500 late fee.
Mr. Simmons asserts that Mr. Reed is protected by the constitution from self incrimination, and he cannot file the requested reports until his criminal case has been fully resolved. Mr. Simmons has not provided any case law in support of invoking the fifth amendment as a defense to a filing requirement. Mr. Simmons is requesting a one year "Standstill Agreement" while Mr. Reed's criminal conviction is being appealed to the Fifth Circuit Court of Appeal. He is requesting these matter be held in abeyance until July 15, 2018.
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La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than seven (7) business days after receipt of the notice of delinquency.
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Decline to waive the late fees associated with the 2014 and 2015 Tier 2 PFDs. Decline request for one year abeyance.
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| Assigned Attorney: |
Tracy Barker |
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