Oregon union foe and anti-tax activist Bill Sizemore has been
using a non-profit corporation based in Nevada to avoid paying a
July 2003 court judgment. That’s according to a new lawsuit
filed Nov. 29 by the Oregon Education Association and the American
Federation of Teachers-Oregon (AFT-Oregon).
The two teachers unions have fought a seven-year legal battle against
Sizemore and his Oregon Taxpayers United for fraud and racketeering
in the 1998 election.
In 2002, a Multnomah County Circuit Court jury found Sizemore and
his group guilty of forgery and fraud, and the following year a
judge ordered Sizemore and his groups to pay $2.5 million in damages
to the unions. But in October 2006 an appeals court reduced that
to just $300,000. The unions appealed that decision to the Oregon
Supreme Court, which heard the case in September 2007 but hasn’t
yet issued a decision. Even if the appeals court ruling stands,
Sizemore still owes the $300,000. Plus, in September 2004, Sizemore
was found in contempt of court for violating a related court injunction,
and was ordered to pay union attorney fees of $125,000.
So far, the unions have collected only $16,000.
The new lawsuit, also filed in Multnomah County Circuit Court, says
Bill Sizemore, his wife Cindy, and the Nevada-based American Tax
Research Foundation (ATRF) committed conspiracy to defraud the plaintiffs
by concealing income. The evidence for that came from recent judge-ordered
court proceedings in which Bill Sizemore testified about his income
and household finances.
Sizemore has said he has little or no income with which to pay the
court-ordered damages. But under oath, Sizemore revealed that the
Nevada-based American Tax Research Foundation (ATRF) paid $7,500
a month to a defunct Oregon corporation owned by Sizemore’s
wife for work done by Bill Sizemore on the group’s Web site.
Plus, ATRF paid $2,500 a month for rent for the Sizemore family
residence and amounts for a family vehicle, office space and equipment.
“You can draw your own conclusions about how much work has
been done on that Web site,” OEA attorney Greg Hartman told
the NW Labor Press.
The site —americantaxresearch.org
— is a bare-bones “educational” effort with no
more than a couple dozen pages. Sizemore said he wrote the copy,
but wasn’t paid by ATRF for that work. Instead, the non-profit
paid his wife’s defunct company “CBS Consulting,”
and then she paid him $1,000 a month.
The American Tax Research Foundation was CBS Consulting’s
only client. Meanwhile, it’s not clear ATRF has had any existence
outside of paying the combined $10,000 a month to the Sizemores.
ATRF, which filed papers of incorporation in January 2006, does
not appear to have an office or telephone; the president, secretary
and treasurer identified in its articles of incorporation are listed
as having the same Las Vegas post office box, and no other contact
information is given. Online, there is no evidence for the group’s
existence except for its own Web site, which lists no phone number
or address, nor the names of any individual. E-mails to the sole
e-mail contact listed on the site were returned as undeliverable.
And ATRF’s Web site domain name? It was registered as of September
2006 to Bill Sizemore and his organization Oregon Taxpayers United.
“He doesn’t think any laws apply to him,” said
AFT-Oregon Executive Director Richard Schwarz, “but he doesn’t
seem to have any problem drafting up laws that would apply to other
people.”
In a separate legal proceeding, the two unions are also seeking
a contempt of court ruling against Sizemore for violating a court-ordered
injunction that bars him from raising and spending money through
any political action committee until he pays the damages. If he’s
found in contempt of court, Sizemore could go to jail for up to
six months. An April 18, 2008, court date has been set for the contempt
hearing.