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EXHIBIT A
Settlement Agreement
The parties to this settlement agreement
("Agreement") are the District of Columbia (the
"District"), Harry L. Thomas Jr. ("Thomas"), and HLT
Team Thomas/Swingaway, LLC ("HLT Swingaway") (collectively, the
"Parties").
WHEREAS, the Office of the Attorney General for the District of
Columbia ("Office of the Attorney General") has filed a
Complaint in a civil action in the Superior Court of the District of
Columbia (2011 CA 004408 B) against Thomas and HLT Swingaway relating to
activities that occurred during the period 2007-2009, including, but not
limited to, (1) charitable solicitations made and charitable contributions
received in 2007 and 2008 by Team Thomas, a now dissolved District of
Columbia non-profit corporation controlled by Thomas, and (2) the receipt
by Team Thomas and HLT Swingaway, in 2008 and 2009, of payments from two
grants to Langston 21st Century Foundation ("Langston
21"), involving District funds, that were administered by DC Children
and Youth Investment Trust Corporation ("DC CYITC") --- Grant
No. 017-A-008 (FY 2008) and Grant No. 130-TSP-09 (FY 2009);
WHEREAS, the Office of the Attorney General has alleged that, during
the period 20072009, Team Thomas was not lawfully registered to solicit
charitable contributions in the District of Columbia; that Thomas
benefited from his retention and use for personal purposes of funds
donated for charitable purposes; that Thomas and HLT Swingaway caused
false claims to be made to DC CYITC for payment of District funds; that
Thomas and HLT Swingaway caused the diversion of District grant funds from
their authorized purpose of supporting youth sports programs administered
by Langston 21; and that Thomas and HLT Swingaway benefited, at the
District's expense, from their retention and misuse of District grant
funds that were to be used to support youth sports programs;
WHEREAS, Thomas and HLT Swingaway deny the allegations of the Office of
the Attorney General and desire to resolve the civil action by settlement,
without admitting or denying liability or any wrongdoing;
WHEREAS, in order to avoid the delay, uncertainty, and
expense of protracted litigation of the claims asserted in the Complaint,
the District, Thomas, and HLT Swingaway have reached a full and final
settlement of all the matters raised in the Complaint, as set forth below,
THE PARTIES HEREBY AGREE AS FOLLOWS:
- Within two business days of the Effective Date of this Agreement,
the District will file a consent motion in District of Columbia
v. Harry L. Thomas Jr., et al., Civ. No. 2011 CA 004408 B (D.C.
Superior Court), for Court approval of the attached proposed Consent
Judgment.
- For a period of five years from the Effective Date of this
Agreement, Thomas will not organize, manage, operate, or control a
charitable organization in the District of Columbia and will not
direct, control, or participate in the solicitation of charitable
contributions in the District of Columbia. After five years has
elapsed from the Effective Date of this Agreement, Thomas will
continue to refrain from directing, controlling, or participating in
the solicitation of charitable contributions in the District of
Columbia unless (i) the solicitations are authorized by a valid
certificate of registration or license issued by the appropriate
District agency, or (ii) the solicitations satisfy and comply with a
statutory or regulatory exemption from the District's registration
and licensing requirements for charitable solicitations. Nothing in
this paragraph shall preclude Thomas from (i) establishing and
operating a citizen-service program (i.e., a constituent
services fund), or from soliciting and receiving contributions for
such a program, pursuant to lawful authority granted to him, as a
District official, by D.C. Official Code § 1-1104.03; or (ii)
lawfully soliciting charitable contributions for a charity or
charities appearing on the Combined Federal Campaign's current or
most recent list of approved charities.
- Thomas shall pay the District the sum of three hundred thousand dollars
($300,000.00) in accordance with the following schedule: a payment of
$50,000 at the time this Agreement is executed by Thomas, a payment of
$50,000 due on or before December 31, 2011, a payment of $50,000 due on or
before June 30, 2012, a payment of $50,000 due on or before December 31,
2012, a payment of $50,000 due on or before June 30, 2013, and a payment
of $50,000 due on or before December 31, 2013. Each payment shall be in
the form of a cashier's check payable to "D.C. Treasure?' and shall
be delivered to the Office of the Attorney General. for the District of
Columbia ("Attn.: Chief, Public Advocacy Section"), on or before
the due date. If Thomas defaults on any payment obligation under this
Agreement, then HLT Swingaway or any successor shall, within ten days of
such default, satisfy the payment obligation to the fullest extent
possible given HLT Swingaway's available assets. Thomas and HLT Swingaway
shall be jointly and severally liable for the payment obligations set
forth in this paragraph. If, following a default by Thomas, HLT Swingaway
or its successor is unable, within ten days of such default, to fully
satisfy the payment obligation, then the District may use all means
available under the Consent Judgment or otherwise available under District
law to collect the payment, including, but not limited to, attachment of
any property owned — in whole, by the entirety, or in part — by
Thomas, HLT Swingaway, or HLT Swingaway's successor. Interest shall accrue
at a rate of 4 percent per year on any late payment required by this
paragraph.
- Within five business days of the Effective Date of this Agreement,
HLT Swingaway shall (i) donate all of the sporting goods or
equipment identified in the inventory attached as Exhibit A to this
Agreement to Satchel Paige/Senators Little League, and (ii) provide the District written proof of that donation. Also within five
business days of the Effective Date of this Agreement, Thomas
shall facilitate the transfer to the District of all sporting
goods or equipment owned or possessed by Team Thomas that has
not been donated to either youth sports programs or the District
of Columbia Department of Parks and Recreation. Thomas shall
deliver these sporting goods or equipment to a location to be
provided by the Office of the Attorney General. By facilitating
the return of such equipment, Thomas makes no representation
that he is the owner of said equipment.
- The District agrees to the payment schedule set forth in
paragraph 3 in reliance on the sworn fmancial statements of
Thomas and his spouse, dated July 7, 2011, and submitted to
the Office of the Attorney General. If these fmancial
statements have materially understated the assets or income
of Thomas or his spouse, the District may modify the agreed
payment schedule so that the remainder of the $300,000 sum
owed the District under paragraph 3 is immediately due and
payable.
- Conditioned on satisfaction of the obligations imposed by
this Agreement, the District agrees to release Thomas and
HLT Swingaway from any claims arising from or relating to
the subject matter of the Complaint, except that this
release does not apply to any claims or liability under
federal laws, under criminal laws, or under the District's
tax laws.
- No person or entity is intended to be a third-party
beneficiary of the provisions of this Agreement for purposes
of any civil, criminal, or administrative action.
- The Superior Court of the District of Columbia shall have
exclusive jurisdiction for enforcement, interpretation, or
modification of this Agreement or for any dispute arising
under this Agreement. This Agreement shall be governed by
and construed and enforced in accordance with the laws of
the District of Columbia.
- This Agreement shall be construed
without regard to any presumption or other rule of law
requiring construction against the party who caused it to
have been drafted.
- Provided that all the Parties execute a copy of this
Agreement, the Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which
together shall constitute one and the same instrument. The
Effective Date of this Agreement shall be the date that
the Agreement is fully executed by the Parties.
- This Agreement, including the attached proposed Consent
Judgment, constitutes the complete agreement between the
Parties. This Agreement cannot be amended except by
written consent of the Parties. But if any provision of
this Agreement is determined by the Superior Court of the
District of Columbia to be unlawful, then the District
may, at its option, choose to sever such provision or
declare the entire Agreement null and void.
CONSENTED TO FOR THE DISTRICT OF COLUMBIA:
7/22/11
Date
By: IRVIN B. NATHAN
Attorney General for the District of Columbia
GEORGE C. VALENTINE
Deputy Attorney General, Civil Litigation Division
ELLEN A. EFROS
Assistant Deputy Attorney General Civil
Litigation Division
BENNETT RUSHKOFF
Chief, Public Advocacy Section
JIMMY R.
ROCK
Assistant Attorney General
Office of the Attorney General
441 4th Street, N.W., Suite 600-S
Washington, DC 20001
Attorneys for the
District of Columbia
CONSENTED TO FOR HARRY L. THOMAS JR. AND
HLT TEAM THOMAS/SWINGAWAY, LLC:
7-22-11 Date By: HARRY L. THOMAS JR., individually and a principal of HLT
Team Thomas/Swingaway, LLC
22 July 2011 Date FREDERICK D. COOKE, JR., ESQ.
Rubin, Winston, Diercks, Harris & Cooks, LLP
1201 Connecticut Avenue, NW, Suite 200
Washington, DC 20036
7-22-11 Date ABBE
DAVID LOWELL, ESQ.
Chadbourne & Parke, LLP
1200 New Hampshire Avenue, N.W.
Washington, DC
20036
Attorneys for Harry L. Thomas Jr. and LILT Team
Thomas/Swingaway, LLC
Quantity |
Item |
Units |
Description |
1 |
swing trainer |
|
Explainer pro swing trainer |
2 |
Pitching machine |
|
Jugs pro pitching machine |
2 |
Weight raining |
|
Combo bench squat and lat machine |
1 |
Batting cage |
|
Inflatable batting cage |
100 |
bats |
|
High performance bats • |
|
equipment |
|
Golf equipment baseball training equipment |
|