Case File
efta-efta00597384DOJ Data Set 9OtherFederal Election Commission
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DOJ Data Set 9
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efta-efta00597384
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Federal Election Commission
Washington, DC 20463
November 3, 2015
Darren K. Indyke, Esq.
Darren K. Indyke, PLLC
Re:
ADR 780 (MUR 6921)
Committee to Elect
to Congress and John A. Saylor, Treasurer,
Coalition of Independent Voices in Congress (CIVIC) and Cesar Augusto del
Aguila, Jr., Treasurer, Eagles Party PAC and
Treasurer.
Richard Kramer, Jeffrey Epstein, and GingerVuich
Dear Mr. lndyke:
On March 11, 2015 the Federal Election Commission ("FEC" or "Commission")
notified your diet of a complaint alleging certain violations of the Federal Election
Campaign Act of 1971, as amended. A copy of the complaint was enclosed with the
notification.
After considering the circumstances of this matter, the Commission has determined
to exercise its prosecutorial discretion and take no further action against the Respondents
the Eagles Party PAC and
1Treasurer. In its memorandum to the
Commission, dated October 16, 2015, this office stated:
Summary and Analysis of Case: The complaint filed by Christonher M. Marston
(Complainant) alleges that the Committee to Elect
to Congress
and John A. Saylor, Treasurer (Beck Committee) and Ginger Vuich, former
Treasurer (Respondent Vuich), the Coalition of Independent Voices in Congress
and Cesar Augusto del Aauila. Jr.. Treasurer (Respondent CIVIC), the Eagles Party
PAC and [
Treasurer, (Respondent EPP), Richard Kramer
(Respondent Kramer), and Jeffrey Epstein (Respondent Epstein) (collectively
Respondents), violated contribution limits due to the fact that the Beck Committee,
Respondent CIVIC and Respondent EPP were affiliated, and thus shared a single
contribution limit. Specifically, Respondents CIVIC and EPP each registered as
non-connected political committees with the Commission. The Complainant asserts
that although Respondents CIVIC and EPP failed to note any affiliation, it appears
FEDERAL ELECTION COMMISSION. ALTERNATIVE DISPUTE RESOLUTION OFFICE
999 E
IN
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the two are affiliated committees, and as such share a single contribution limit.
According to the complaint, both committees were established and controlled by
Respondent Beck), while Respondent CIVIC was financed
by Respondent Epstein and Respondent EPP was financed by Respondent Epstein
and Respondent Kramer.
The complaint also alleges that CIVIC received only one contribution - a $5,000
contribution by Epstein on July 11, 2014. In turn, CIVIC contributed $2,600 to the
Committee on November 5, 2014.
EPP received all its funds from
Respondent
($1,700), Epstein 110)
and Kramer ($5,000), and made a
single $2,600 contribution to the
Committee on November 5, 2014.
According to the complaint, CIVIC and EPP, as affiliated committees, shared a
single contribution limit of $2,600, which they exceeded when they each
contributed $2,600 to the
Committee on November 5, 2014.
The
Committee contends that the registration error of the Respondents CIVIC
and EPP committees was due to inexperience, and that Respondents worked with
the Commission to make refunds and file amended reports to correct the record.
Respondents Epstein and Kramer contend that they made legal contributions and
had no knowledge of any affiliation between the committees. In addition, both
confirmed they received refunds of their contributions.
While a violation occurred, there appears to have been a lack of understanding of
the reporting requirements, and the amount in violation is de minimis. Thus, it may
not be worth Commission resources to pursue this matter, and a dismissal is
recommended.
Accordingly, the Commission closed its file in this matter on November 2, 2015.
The FEC is obligated by federal regulations to make a finding to terminate its
proceedings public, as well as the basis therefore. 11 C.F.R. § 111.20(b). In addition, the
Commission will also place on the record copies of the complaint, correspondence
exchanged between Respondent(s) and the Commission, and reports prepared for the
Commission by this office to assist in its consideration of this matter. Accordingly, copies
of documents relative to this matter will be forwarded shortly to the FEC's Public
Information Office.
If you have
uestions regarding this matter please be in touch. My telephone
number is
ely,
. Fraser, Director,
AltWnative Dispute Resolution Office
FEDERAL ELECTION COMMISSION, ALTERNATIVE DISPUTE RESOLUTION OFFICE
999 E STREET N.W. WASHINGTON, DC 20463
TELEPHONE:
F4x:
EFTA00597385
BEFORE THE FEDERAL ELECTION COMMISSION
In the Matter of
)
)
Committee to Elect
) ADR 780
Congress and John .
r,
er,
)
Coalition of Independent Voices in
)
Congress (CIVIC) and Cesar Augusto del )
Aguil Jr. Treasurer Ea es Party PAC
)
and
Treasurer,
)
Richard Kramer, Jeffrey Epstein, and
)
Ginger Vuich
)
CERTIFICATION
1, Shawn Woodhead Werth, Secretary and Clerk of the Federal Election
Commission, do hereby certify that on November 02, 2015, the Commission
decided by a vote of 6.0 to take the following actions in ADR 780 (MUR 6921):
1. Dismiss ADR 780 (MUR 6921), and close the file.
2. Approve the appropriate letters.
Commissioners Goodman, Hunter, Petersen, Ravel, Walther, and Weintraub
voted affirmatively for the decision.
Attest:
ilikintakrJeatv
l mid nuati4IV
Date
Shawn Woodhead Werth
Secretary and Clerk of the Colnmission
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Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463
100226i4604
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