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EDMUND G BROWN JR Attorney General of California KELVIN GONG Supervising Deputy Attorney General TANTA BANEZ Deputy Attorney General State Bar No 145398

300 South Spring Street1 Room 5212 Los Angeles1 CA 90013 Telephone (213) 897-0218 Fax (213) 897-7605 _

middot E-nlail TaniaIbanezdojcagov Attorneysfor the Plaintiff

-SUPERIOR COURT OF THE STATE OF CALlFORNIA

COUNTY OF SAN BERNARDINO

RANCHO CUCAMONGA DISTRICT

THE PEOPLE OF THE STATE OF ClVRS 905865 CALIFORNIA ex rei EDMUND G BROWN JR- Attorney General of the State SETTLEMENT AGREEMENT of California BETWEEN DEFENDANTS SCOTT

PASCH DAVID KEEZER DOLORES Pl$tiff KEEZER

v

- CALIFORNIA ORGANIZATION OF POLICE AND SHERIFFS a mutual benefit nonprofit corporation ClVIC DEVELOPMENT GROUP LLC a limited liability corporation RAMBRET INC a corporation GREG F SAWTELLE individually and as owner of RAMBRET INC MONTY D HOLDEN ED GRAY GREGG PASSAMA SCOTT PASCH individually and as corporate office of CIVIC DEVELOPMENT GROUP LLC DAVID KEEZER individually and as corporate officer of CIVIC DEVELOPMENT GROUP LLC DOES-1shy100 inclusive

Defendants

1

PASCFUKEEZERSETTLEMENTAGREEMENT

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1 Parties This Settlement Agreement is entered into by between and among the

settling parties Plaintiff the People of the State of California (the People) by Edmund G

Brown Jr Attorney General of the State of California (Attomey General) and Defendants

David Keezer Dolores Keezer and Scott Pasch (hereinafter collectively also referred to as the

Settling Defendants) The parties to this Settlement Agreeirient are collectively also referred to

as the Settling Parties

2 Recitals

21 In May of2009 the Attorney Generalon behalf of the People sued David

ezer and Scott Pasch in theunderlying action (hereinafter the Action) asserting various

uses of actionmiddot related to th~ir solicitation practices In Febmary of 2010 the complaint was

mended to include Dolores Keezer

22 middot The Settling Defendants deny any wrongdoing

23 ThemiddotSettling Parties each ~fwhom desiring to avoid the expense Qncertaintymiddot

and inconvenience of futthet litigation in this case state that all claims alleged against the

middotsettling DefendantS arising out of the Action have been settled

3 Settlement Terms-Monetary

31 middot The Settling Defendants agree to settle with Plaintiff for $40000 (forty thousand

dollars) The settlement payment shall be retained by the Attorney General for attorneys fees middot bull bull bullbull 0

andmiddotcosts inctinmiddoted by the Charitable Trusts Section pursuant to Government Code sectionsmiddotl2598

and125S62 and shall be used exclusiyeiy by the Charitable Trusts Section for the administration

of the Attomey Generals charitable trUst enforcement responsibilities

32 The $40000 shall be paid by Scott Pasch and David Keezer on or before January 31

2011 All payments pursuant to this paragraph of the Settlement Agreement shall be made

pmiddotay~ble to the Cal~fomia Department of hstice and shall be deli~ered to the Attorney Generals J

Office at 300 S Spring Street Los Angeles~ Califomia 90013 to the attention of Deputy Attorney

General Tania M Ibanez

2

PASCHKEEZER SEITLEMENT AGREEMENT

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1 4 Settlenient Terms ~Non-monetary

2 41 The Settling Defendants agree to cease all current and future solicitation for

3 9haritable purposes directed to donors in the State of California

4 42 The Settling Defendants are permanently restraine~and enjoined from engaging or

participating in charitable solicitation campaign directly or through any intermediary including

6 but not limited to qonsulting brokering investing outsourcing planning or managfng such a

7 campaign The Settling Defendants are permanently enjoined from and shall not en~age in any

8 ofthe following activities

9 a ac~ing as a commercial fundraiser for charitable purposes fundraising

counsel for charitable purposes or trustee or commercial coventurer in

California as those terms are defined in California Government Code

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sections 12599 125991 12582 and 125992

13 b acting as an officer direct~r employee or agent of any charitable

14 organization in California or any ~rgaDization that solicits furids f~r

charitable purposes in California

16 c holding or controlling assets received for a charitable purposemiddot middotfrom

17 donors who reside in California

18 d participating directly or indirectly in any solicitation which the

19 defendant knows or has reason to know will be used in connection with any

charity or charitable solicitation in C~ifomia or which targets residents of

21 CalifOJnia middot

22 43 The Settling Defendants are perman~ntly banned from selling leasing or giving middotaway

23 their donor list of California individuals who previously donated to California Organization of

24 middot Police and Sheriffs C1COPS)

middot44 The Settling Defendants are permanently b~ed from using or benefitting from

26 customer infonnation including ~he name address telephone number email address social

27 security number other identifying information or any data that enables access to a customers

28 account (including a credit card bank account or other financial accotmt) of any person which 3

PASC~EZERSETTLEMENTAGREEMENT

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was obtained by the Settling Defendants prior to the etitry of this Settlement Agreement~

connection with any charitable solicitation m~de on behalf of COPS

5 General Provisions

51 Upon the successful completion of all terms of this Settlement Agreement the

Settling Parties hereby release and discharge each other party hisherits employees officers

agents successors and assigns from aU civil liability civil claims and civil damages known to

them that relate to or arise from the allegations set forth in the Complaint The release and

discharge set forth in this paragraph is bmding only on the parties to this Settlement Agreement

FUliher this release and discharge shall no~ be construed to limit or prevent any partys ability to

enforce the terms ofthis Settlement Agreement

52 This Settlement Agreement sJlall not constitute an admission 6r finding of any

wrongdo~g~ fault violation of law or liability of any of the Settling Defendants

53 This Settlement Agreement contains the entire agreement and und~rstanding between

and among the Settling Parties concerning the subject matter of the Action and supersedes all

other agreements of any kind conceming the subject matter o~ the Action Each of the middot

undersigned warrants that no promise or inducement has been offered to them except as set forth

herein and that the Settlement Agreement is executed without reliance upon any stateiTJent or

representation by any persons or parties or their representatives concerniig the nature and extent middot

middotofinjuries andlor damages and9r legal liability herein

54 Each of the Settling Parties acknowledges that he she or it has read the entire

Settlement Agreel11ent and understands it and in addition has had an opportunity to discuss the

content with an attorney and make whatever investigation or inquiry that party may deem

necessary or desirable in connectton with the su~ject matter of the Settlement Agreement

55 Each of the rarties warrants that he she or it is legally competent to execute the

Settlement Agreement Any persop executing this Settlement Agreement on behalf of any

Settling Party does hereby personally represent and warrant to the other parties that hesheit has

the authority to execute this Settlement Agreement on behalf of1 and to fully bind that party

4

PASCHlKEEZER SETTLEMENT AGREEMENT

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This Settlement Agr

duct of bargain56 eement is a pro ed-for~ arms-length negotiatiOll$

between and among th~ Settling Parties and their counsel No patty shall be considered the

uthor ofthis Settlement Agreement

57 This Settlement Agreement and al11ights and obligations arising out of it shall be

overned and constmed in accordance with the laws ofthe State ofCalifomia middot

58 This Sett1ement Agreement may be executed in separate counterParts each of which

hall be deemed an original and said counterparts shall together constitute one Settlement

Agreement binding all parties hereto notwithstanding that all ofthe parties ar~ not signatory to he original or same cot1nterpart All o~iginal signatures shall be delivered to andor retained by

Tania M Ibanez Office of the Attorney General 300 S Spring Street) St1ite 1702 Los Angeles

A90013

ITIS SO AGREED

DATE EDMUND G BROWNJR Attorney Ge~eral

2-omiddot

~o L0 u ~ ==--z~- TANIA M IBANEZ e mey General

Attorneys for the People of the State of California

DATE DAVID KEEZER an individual

By jj0w1-v1 ~~ DAVID KEEZER~

DATE DOLORES KEEZER an individual

By__________~--------------DOLORES KEEZERmiddot

5

PASCHIKBEZER SETTLEMENT AGREEMENT

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was obtained by the Settling Defendants prior to the etitry of this Settlement Agreement~

connection with any charitable solicitation m~de on behalf of COPS

5 General Provisions

51 Upon the successful completion of all terms of this Settlement Agreement the

Settling Parties hereby release and discharge each other party hisherits employees officers

agents successors and assigns from aU civil liability civil claims and civil damages known to

them that relate to or arise from the allegations set forth in the Complaint The release and

discharge set forth in this paragraph is bmding only on the parties to this Settlement Agreement

FUliher this release and discharge shall no~ be construed to limit or prevent any partys ability to

enforce the terms ofthis Settlement Agreement

52 This Settlement Agreement sJlall not constitute an admission 6r finding of any

wrongdo~g~ fault violation of law or liability of any of the Settling Defendants

53 This Settlement Agreement contains the entire agreement and und~rstanding between

and among the Settling Parties concerning the subject matter of the Action and supersedes all

other agreements of any kind conceming the subject matter o~ the Action Each of the middot

undersigned warrants that no promise or inducement has been offered to them except as set forth

herein and that the Settlement Agreement is executed without reliance upon any stateiTJent or

representation by any persons or parties or their representatives concerniig the nature and extent middot

middotofinjuries andlor damages and9r legal liability herein

54 Each of the Settling Parties acknowledges that he she or it has read the entire

Settlement Agreel11ent and understands it and in addition has had an opportunity to discuss the

content with an attorney and make whatever investigation or inquiry that party may deem

necessary or desirable in connectton with the su~ject matter of the Settlement Agreement

55 Each of the rarties warrants that he she or it is legally competent to execute the

Settlement Agreement Any persop executing this Settlement Agreement on behalf of any

Settling Party does hereby personally represent and warrant to the other parties that hesheit has

the authority to execute this Settlement Agreement on behalf of1 and to fully bind that party

4

PASCHlKEEZER SETTLEMENT AGREEMENT

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This Settlement Agr

duct of bargain56 eement is a pro ed-for~ arms-length negotiatiOll$

between and among th~ Settling Parties and their counsel No patty shall be considered the

uthor ofthis Settlement Agreement

57 This Settlement Agreement and al11ights and obligations arising out of it shall be

overned and constmed in accordance with the laws ofthe State ofCalifomia middot

58 This Sett1ement Agreement may be executed in separate counterParts each of which

hall be deemed an original and said counterparts shall together constitute one Settlement

Agreement binding all parties hereto notwithstanding that all ofthe parties ar~ not signatory to he original or same cot1nterpart All o~iginal signatures shall be delivered to andor retained by

Tania M Ibanez Office of the Attorney General 300 S Spring Street) St1ite 1702 Los Angeles

A90013

ITIS SO AGREED

DATE EDMUND G BROWNJR Attorney Ge~eral

2-omiddot

~o L0 u ~ ==--z~- TANIA M IBANEZ e mey General

Attorneys for the People of the State of California

DATE DAVID KEEZER an individual

By jj0w1-v1 ~~ DAVID KEEZER~

DATE DOLORES KEEZER an individual

By__________~--------------DOLORES KEEZERmiddot

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PASCHIKBEZER SETTLEMENT AGREEMENT

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This Settlement Agr

duct of bargain56 eement is a pro ed-for~ arms-length negotiatiOll$

between and among th~ Settling Parties and their counsel No patty shall be considered the

uthor ofthis Settlement Agreement

57 This Settlement Agreement and al11ights and obligations arising out of it shall be

overned and constmed in accordance with the laws ofthe State ofCalifomia middot

58 This Sett1ement Agreement may be executed in separate counterParts each of which

hall be deemed an original and said counterparts shall together constitute one Settlement

Agreement binding all parties hereto notwithstanding that all ofthe parties ar~ not signatory to he original or same cot1nterpart All o~iginal signatures shall be delivered to andor retained by

Tania M Ibanez Office of the Attorney General 300 S Spring Street) St1ite 1702 Los Angeles

A90013

ITIS SO AGREED

DATE EDMUND G BROWNJR Attorney Ge~eral

2-omiddot

~o L0 u ~ ==--z~- TANIA M IBANEZ e mey General

Attorneys for the People of the State of California

DATE DAVID KEEZER an individual

By jj0w1-v1 ~~ DAVID KEEZER~

DATE DOLORES KEEZER an individual

By__________~--------------DOLORES KEEZERmiddot

5

PASCHIKBEZER SETTLEMENT AGREEMENT

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55 ThiS Settlement AgteetiietJ1 is a product ofbargafued-for1 rmns---lertith negotiation$

etween and arnongflle Settling Parttesand their cotmseL No party shall be considered the

utho-r o-ftbis Settlement ~ent

51 ThliS Settlement At]teement and all rights anQ obligations arising out ofit shall be

overned and wLllgttrUed in aocordanc~ with the laws ofthe Stat$ ofCalLoIQrr-Ja

58 Tbis Settlement Agreement may be executed in sepamte ooUiltetp~ eaoh ofwhich

hall be deemed ltm o~pmtd said eonnterpatl$ shall togethet cot~stitrrte OOe S~em~t

Agreement binding all parties hereto notwithstanding tbat all oftbe parties are oot sign~ory to

he Qriginal Qr same c()unterpart All origimll signatures shall be delivered to andor ~tamed ~y

ania M b$ez Otfiet of~AtitIJfJ$y Gtxt~ ~00 S $p~ng S~$t S~ 1702 Los Anrcentle$

CA90013

IT ~S S() AGREED

PAfE EDMUND (J BROWN JRp Attoroey Gene)a]

BY------~-=~~--~----~--TANIAM IBANEZ Deputy Attorn~y General

Attorneys forthe People oftho State ofCalifotnia

PAE

DATE

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SCOTT PASCJmiddotI an individual

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