Federal Election Commission

Federal Election Commission Washington, DC 20463 November 3, 2015 Darren K. Indyke, Esq. Darren K. Indyke, PLLC 575 Lexington Avenue 4th Floor New York, NY 10022 Re: ADR 780 (MUR 69211 Dear Mr. Indyke: 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 agaimoutheassimalimms. . In its memorandum to the Commission, dated October 16, 2015, this office stated: Summary and Analysis of Case: The complaint filed by Christopher M. Marston en ' ', 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 STREET N.W., WASHINGTON, DC 20463 TELEPHONE: 202.694.1670 Fifa: 202.219.0613 EFTA01105018 the two are affiliated committees, and as such share a single contribution limit. cenrclino_tn_the_tnmnistint bath PA nunk.-tees were established and controlled by ), 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 11•1 Committee on November 5, 2014. EPP received all its funds from Respondent Beck ($1,700), Epstein ($5,000) and Kramer ($5,000), and made a single $2,600 contribution to the Committee on November 5, 2014. According to the complaint, CIVIC an EPP, as affiliated committees, shared a single contribution limit of $2,600, which they exceeded when they each contributed $2,600 to the INICommittee on November 5, 2014. The Committee contends that the registration error of the Respondents CIVIC and PP 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 any questions regarding this matter please be in touch. My telephone number is 202-694-1665. ely, . Fraser. Director, Alt native Dispute Resolution Office FEDERAL ELECTION COMMISSION, ALTERNATIVE DISPUTE RESOLUTION OFFICE 999 E STREET N.W., WASHINGTON, DC 20463 TELEPHONE: 202.694.1670 FAx: 202.219.0613 EFTA01105019 BEFORE THE FEDERAL ELECTION COMMISSION ) ) ) ADR 780 ) ) ) ) ) ) ) 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: ilikintkrJeant Date Shawn Woodhead Werth mid n uti ti eilid Secretary and Clerk of the Co z .ission EFTA01105020 Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 100226i4604 O e sES PON V Pfltalty WWI< 02 1R 0002004084 NOV04 2015 MAILED FROM ZP CODE 2000 1 $ 00.486 II 'III! II II II EFTA01105021