OFF°CE OF THE DISTRICT ATTORNEY RICHMOND COUNTY DANIEL M. DONOVAN, JR. + Distaict ATPORNEY 130 STuvvEsANt PLACE STATEN ISLAND, NEW YORK 10301 ‘TELEPHONE (718) 876-6300 October 4, 2010 Robert L. Cicale, Esq. 14 Donna Place East Islip, NY 11730 Re: Frank MacKay Dear Mr. Cicale: ‘Asa result of accounts first published in the media in July, 2010, regarding a loan made in February 2009 by a company, All American Technologies, owned by John Tabacco, to Government Response Information, Inc. (*GRI”), a company founded by Kristen MacKay, wife of your client, New York State Independence Party Chairman Frank MacKay, the Office of the Richmond County District Attorney conducted a review of the circumstances surrounding that {ransaction in the broader context of Mr. Tabacco’s electoral bid in February 2009 as a candidate in a Special Election for the 49" Councilmanic District of New York City. Our review confirmed the well-known fact that the Special Election in February 2009 was nonpartisan, with no formal party nomination necessary for placement on the ballot, The candidates appeared on the ballot for that election as a result of their collection of sufficient signatuces on their petitions. They did not appear on the ballot under the banners of any political parties.Although media accounts raised the question as to whether Frank MacKay or his wife had solicited the loan, or whether Mr. Tabacco had offéred the loan, in exchange for the Independence Perty’s endorsement of Mr. Tabacco's candidacy, neither interviews conducted of the parties involved in this transaction, nor any other evidence’ unearthed during this review, ‘would support such a conclusion. Indeed, witness interviews indicated that the loan, evidenced in a written promissory note that has since been repaid in fall with interest, was made in anticipation of a joint venture between Al! American Technologies and GRI. That joint venture, which had been contemplated for several months, had originally been suggested by neither Mr. MacKay, Mrs. MacKay, nor Mr. Tabacco, but rather a third party, As this Office has determined that there is no credible evidence to support the filing of ‘any criminal charge against any person conceming either the above-described $10,000 loan, or Mr. Tabacco's electoral effort in 2009, our review of this particular matter is hereby closed. Sincerely, —, Caran a DANIEL M. DONOVAN, JR. District Attomey Richmond County 130 Stuyvesant Place Staten Island, New York 10301