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SEC investigation of Town Toyota Center financing becomes formal

Friday, February 15, 2013

WENATCHEE — The U.S. Securities and Exchange Commission has formalized its investigation into the City of Wenatchee’s handling of the Town Toyota Center’s financing.

The city was notified last week through its attorney that the SEC would like to question and receive testimony from a former city official. The interview has been tentatively scheduled for the middle of March, said Wenatchee Mayor Frank Kuntz, reading from a prepared comment at a city council meeting Thursday. The former employee was not identified. As part of the comment, Kuntz said there would be no additional information available from him, the council or any city employees due to the legal nature of the investigation.

The SEC’s investigation went from informal to formal late last year, when the city’s attorney was notified by the SEC that it would like to take testimoney from a member of the city’s staff, and then issued a subpoena requiring that testimony. The testimony was taken Dec. 21 in Seattle. The staff member was not identified. It is customary that an investigation becomes formal when the SEC begins to take testimony, read Kuntz.

The investigation began informally in Dec. 9, 2011, when the city received a letter from the SEC requesting documents related to the issuance of the 2008 Bond Anticipation Notes issued by the Greater Wenatchee Regional Events Center Public Facilities District. The SEC has since been investigating those involved in the financing of the $52 million arena.

The city hired a law firm to represent it in the matter and with other attorneys collected and reviewed approximately 13,000 pages of hard copy documents, 59 gigabytes of email and 91 gigabytes of network data. More than 54,000 pages of documents were then made available to the SEC in March 2012, according to the city.

After a successful vote last April, the Public Facilities District completed a new bond offering. The bonds were sold and on Sept. 28, 2012 all bondholders of the 2008 Bond Anticipation Notes were paid in full with all accrued interest.

The city spent $800,000 in 2012 to comply with the SEC’s requests for documents and information. It is continuing to spend money, time and additional resources this year on the requests, Kuntz said.

The SEC will not disclose anything about the subjects, progress or anticipated completion of its investigation, he said, still reading from the prepared comment.

“We have no indication at this time when the investigation will cease or if additional testimony will be required by city employees,” he said.

Michelle McNiel: 664-7152

mcniel@wenatcheeworld.com

Rick Steigmeyer: 664-7151

steigmeyer@wenatcheeworld.com

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NotaHomer     3 months, 1 week ago

I am confused if the person being interviewed is a former employee or former official. Isn't there a difference between the two? I would think an official is elected and an employee is hired. Just wondering............

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davebugg     3 months, 1 week ago

It reads to me that specific testimony is being sought from a former official, but that the SEC may seek additional testimony from both employees and other officials.

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NotaHomer     3 months, 1 week ago

Second paragraph to me reads a former employee and then later a former official are going to have to give testimony. Maybe it is intentionally ambiguous so the public can't figure out who is actually going to be interviewed.

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lonedog3     3 months, 1 week ago

“We have no indication at this time when the investigation will cease or if additional testimony will be required by city employees,” he said. Hopefully this investigation does not cease until the taxpayers know the truth well--I guess that would depend the world reporting the truth on this matter not the rah-rah fibs similar to the hordes of lawyers descending on the region if we didn't vote for higher taxes. Not understanding the $800,000 spent to send off paperwork either.

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H     3 months, 1 week ago

I would bet most of the $800,000 went to the attorney's they hired. Don't forget though that we, as a region, are on the hook for that and any more costs associated with the SEC investigation. They made sure that was in the new tax that we all got stuck with.

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H     3 months, 1 week ago

Why didn't the WW report that the investigation went formal last year? Why wait months to report that? Or did I miss that article?

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coolers53     3 months, 1 week ago

I would think the world was reporting the truth in relation to the overwhelming majority that voted for the higher tax's and the large amount of attorneys fees that were paid, you are kicking a dead horse on this issue. The costs are huge to produce all of the documents that were needed that they requested in time and resources.

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abigail     3 months, 1 week ago

Perhaps a public records request to the city would clarify who testified about what

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DLeary     3 months, 1 week ago

Frank Kuntz and Allison Williams should expect a request for testimony. They were both involved in this whole fiasco. I don't know how the citizens of Wenatchee could be so short sited to elect Dennis Johnson's right hand man to the mayor's position. The only time Frank voted no on any of the TTC was when he was trying to set up the final vote, where as Dennis could make the deciding vote. Shame on the voters.

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DLeary     3 months, 1 week ago

Remember the Wenatchee World before "No Anonynmous Posting". 100+ comments were not uncommon. Let's get back to that. I liked seeing what people had to say...

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