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Published: May 8, 2008
TAMPA - A car dealer who escaped prosecution after making improper campaign contributions to a city council candidate now faces a possible investigation from the state Elections Commission.
Jason Kuhn, owner of Kuhn Honda Volkswagen, was investigated by the Florida Department of Law Enforcement regarding allegations that he used his employees to illegally funnel contributions to city council candidate Julie Brown last year.
Although it was established the contributions were improper, Hillsborough County State Attorney Mark Ober declined to prosecute, saying Kuhn did not know he was violating election law.
Community activist Richard Reavis said he was outraged by the decision and mailed a complaint this week to the state Elections Commission, hoping it will at least fine Kuhn.
"It's just such a blatant violation," Reavis said.
The FDLE found that 32 employees and their spouses made donations to Brown's campaign - some for the maximum $500 allowable under the law - and that most were reimbursed by the dealership later.
State law forbids people from making a campaign contribution through or in the name of another, directly or indirectly. "Knowingly and willfully" violating that statute with one campaign contribution is a misdemeanor. Two or more contributions in violation of that statute can mean felony charges.
In an interview in March, Kuhn said he didn't know what he was doing was illegal until his mother-in-law questioned the practice.
Reavis, a resident of Tampa's North Bon Air neighborhood, said in his complaint to the Elections Commission that he disagreed with the state attorney.
"I am hoping your office will be able to pursue an investigation and possible actions to correct this blatant miscarriage of justice," Reavis wrote.
Kuhn's attorney, Stephen Romine, said he had not seen a copy of the complaint and could not comment on it, though he did say he expected the Elections Commission to reach the same conclusion as the state attorney's office.
"I don't think anything will come of it," Romine said.
The Elections Commission will first decide whether the complaint merits investigation. If the commission investigates and determines a violation occurred, Kuhn could face fines of up to $1,000 per violation.
Councilman John Dingfelder, who beat Brown in last year's election, said he was glad to know a complaint had been filed.
"They have independent jurisdiction and evaluation," Dingfelder said. "It's another opportunity for justice to actually be done."
Pam Bondi, a spokeswoman for the state attorney's office, said she was not surprised someone filed a complaint, but said, "We remain firm in our decision."
Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.
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