Allegations: This case is based upon a sworn complaint filed by Lawrence A. Holmes and Jason D. Myers, for and on behalf of Liberty Rehabilitation PSC. Complainants alleged violations of Kentucky’s campaign finance law by Forrest “Ben” L. Waide, candidate for State Representative, District 10. Complainants specifically alleged that Waide used Liberty Rehabilitation bank account funds, credit cards, and employees labor during business hours to support his candidacy, in violation of campaign finance statutes prohibiting corporate contributions to candidates, including KRS 121.025, KRS 121.035, and KRS 121.990.
Waide, by and through counsel, filed a Response to the above-referenced complaint. Additionally, the Registry received notice that the Office of Attorney General had initiated a criminal investigation of allegations against Waide involving campaign finance violations.
The Office of Attorney General requested that the Registry defer action until such time as the criminal investigation and/or potential prosecution was complete to which the Registry agreed.
The Office of Attorney General proceeded with its investigation and filed criminal charges against Waide. Commonwealth v. Forrest Waide, Franklin Circuit Court, Case # 14-CR-215. On July 29, 2014, Waide was indicted on criminal charges of accepting contributions from a corporation, in violation of KRS 121.150(20), and making unlawful campaign expenditures, in violation of KRS 121.175(1) to which Waide pled guilty to amended misdemeanor counts, including (1) criminal attempt to commit illegal campaign contributions; and (2) criminal attempt to commit unlawful campaign expenditures. As a result of his guilty plea, Waide was required to pay restitution in the amount of $5,324.12 to Liberty Rehabilitation at the rate of $224/month; pay for investigative costs of $2,400.00 at the rate of $100/month, payable to the Commonwealth of Kentucky; and to serve a twelve (12) month sentence on each count to run concurrent. The Court further granted Waide probation for a period of two (2) years. By check dated August 7, 2015, the Office of Attorney General reimbursed the Registry $1,000.00 for its portion of investigative costs in the matter.
Conclusion: Office of Attorney General assumed jurisdiction of the case as a criminal matter prior to commencement of an investigation by the Registry. The facts and issues have been addressed in a criminal prosecution of Waide with the full cooperation of the Registry, including guidance as necessary related to the campaign finance laws under KRS Chapter 121. There being no further issues or facts to be addressed by the Registry, the General Counsel recommended that the case be dismissed as moot. The Registry Board approved the Order to Dismiss at its September 24, 2015 meeting.