Case 1:18-cv-01059-TNM Document 1 Filed 05/04/18 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
CITIZENS FOR RESPONSIBILITY
)
AND ETHICS IN WASHINGTON,
)
455 Massachusetts Ave., N.W.
)
Washington, DC 20001,
)
)
NOAH BOOKBINDER
)
10206 Brookmoor Dr.
)
Silver Spring, MD 20901
)
)
Civil Action No. 18-1059
Plaintiffs,
)
)
v.
)
)
FEDERAL ELECTION COMMISSION
)
1050 First St., N.E.
)
Washington, DC 20463
)
)
Defendant.
)
)
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1.

This is an action for injunctive and declaratory relief under the Federal Election

Campaign Act of 1971 (“FECA” or “the Act”), 52 U.S.C. § 30109(a)(8)(A), challenging the
Federal Election Commission’s (“FEC” or “Commission”) failure to act on an administrative
complaint by Citizens for Responsibility and Ethics in Washington (“CREW”) and Noah
Bookbinder (collectively “Plaintiffs”) against DE First Holdings, Coalition for Progress, Ana
Rivas, and Unknown Respondent(s) (collectively “Respondents”) for violating the FECA’s ban
on making political contributions in the name of another, knowingly permitting one’s name to be
used to effect a contribution in the name of another, and knowingly accepting a contribution
made by one person in the name of another. Plaintiffs filed their administrative complaint on
February 19, 2016, more than two years ago. Yet the FEC has, to date, failed to act on the
complaint.

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JURISDICTION AND VENUE
2.

This Court has both subject matter jurisdiction over this action and personal

jurisdiction over the parties pursuant to 52 U.S.C. § 30109(a)(8)(A) and 5 U.S.C. § 702. This
Court also has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 2201(a), and 2202.
Venue lies in this district under 52 U.S.C. § 30109(a)(8)(A) and 28 U.S.C. § 1391(e).
PARTIES
3.

Plaintiff CREW is a non-profit, non-partisan corporation organized under section

501(c)(3) of the Internal Revenue Code.
4.

CREW is committed to protecting the right of citizens to be informed about the

activities of government officials, ensuring the integrity of government officials, protecting our
political system against corruption, and reducing the influence of money in politics. CREW
works to advance reforms in the areas of campaign finance, lobbying, ethics, and transparency.
Further, CREW seeks to ensure that campaign finance laws are properly interpreted, enforced,
and implemented.
5.

To advance its mission, CREW uses a combination of research, litigation,

advocacy, and public education to disseminate information to the public about public officials
and their actions, and the outside influences that have been brought to bear on those actions. A
core part of this work is examining and exposing the special interests that have influenced our
elections and elected officials and using that information to educate voters regarding the integrity
of public officials, candidates for public office, the electoral process, and our system of
government.
6.

Toward this end, CREW monitors the activities of those who run for federal

office as well as those groups financially supporting candidates for office or advocating for or

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against their election. CREW regularly reviews campaign finance reports that groups, candidates,
and political parties file with the FEC disclosing their expenditures and, in some cases, their
contributors. Using the information in those reports, CREW, through its website, press releases,
reports, and other methods of distribution, publicizes the role of these individuals and entities in
the electoral process and the extent to which they have violated federal campaign finance laws.
7.

CREW also files complaints with the FEC when it discovers violations of the

FECA. Publicizing violations of the FECA and filing complaints with the FEC serve CREW’s
mission of keeping the public, and voters in particular, informed about individuals and entities
that violate campaign finance laws and deterring future violations of campaign finance laws.
8.

CREW is hindered in carrying out its core programmatic activities when those

individuals and entities that attempt to influence elections and elected officials are able to keep
their identities hidden. Likewise, the FEC’s refusal to properly administer the campaign finance
laws, particularly the FECA’s reporting requirements, hinders CREW in its programmatic
activity, as compliance with those reporting requirements often provides CREW with the only
source of information about those individuals and groups funding the political process. As a
result of the FEC’s refusal to enforce the FECA, organizations and individuals are able to
launder their contributions through third parties. This deprives CREW of information critical to
advancing its ongoing mission of educating the public to ensure the public continues to have a
vital voice in our political process and government decisions.
9.

A part of CREW’s work in carrying out its central mission CREW focuses on so-

called “pay-to-play” schemes. Toward that end, CREW looks for correlations between donations
to the campaign of a member of Congress or candidate and that member’s subsequent
congressional activities, including advocating for policies and legislation that serve the interests

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of the member’s donors. Information that an individual or entity made a large-dollar contribution
may be very revealing about the influences that donor has brought to bear on the member postelection. Without information about the individuals and entities funding the political activities of
organizations and individuals, CREW is stymied in fulfilling its central mission.
10.

As an example, in May 2015, CREW issued a report, Welcome to Washington:

New Members of Congress Attract Special Interest Money, that analyzed fundraising by newly
elected members of Congress in their first year in office. CREW’s analysis was based on FEC
campaign contribution records that identified contributions to those members from special
interest PACs, including PACs tied to corporations, unions, and issues groups. From this data,
CREW determined that new members of the House of Representatives embraced fundraising
from special interests after they took office and became more reliant on that money than they had
been as candidates. Those members raised nearly $17.3 million from special interest PACs in
2015, an increase of 15.8% over the amount they raised as candidates during the entire 2014
election cycle. CREW further found that special interest PAC money accounted for an average of
37.6% of total funds raised by the new members in 2015, more than double the 17.3% rate from
the 2014 election cycle. CREW was able to obtain this information because of the disclosure
requirements to which the organizations receiving those contributions – federal candidates, party
committees, PACs, and super PACs – are subject under the FECA.
11.

As another example, on August 21, 2017, CREW published a blog post entitled

Synchronized Spending: The Dark Money Phantom’s New Illusion, which highlighted section
501(c)(4) dark money nonprofits that fully fund multiple federal super PACs that attack or
support the same candidates. By making the work of one group appear to be the work of two
independent groups, this tactic misleads the public, exaggerates candidates’ outside support, and

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exacerbates the problems caused by secret money in politics. CREW obtained the information
used in this post from information the FECA requires political committees to disclose.
12.

Plaintiff Noah Bookbinder is the executive director of CREW. He is a citizen of

the United States and a registered voter and resident of the state of Maryland. As a registered
voter, Mr. Bookbinder is entitled to receive all the information the FECA requires those engaged
in political activities to report publicly. He is further entitled to the FEC’s proper administration
of the provisions of the FECA. Mr. Bookbinder is harmed in exercising his right to an informed
vote when a political committee fails to report the true source of its contributions, as the FECA
requires.
13.

When Plaintiffs file complaints against violators of the FECA, they rely on the

FEC, as the preliminary civil enforcement authority, to comply strictly with the FECA when
making its investigative and enforcement decisions. See 52 U.S.C. § 30107(e). Plaintiffs are
harmed and are “aggrieved” parties when the FEC refuses to act on meritorious complaints,
refuses to enforce the FECA’s mandatory disclosure requirements, or otherwise acts contrary to
the requirements of the FECA. See 52 U.S.C. § 30109(a)(8)(C).
14.

Defendant FEC is the federal agency established by Congress to oversee the

administration and civil enforcement of the FECA. See 52 U.S.C. §§ 30106, 30106(b)(l).
STATUTORY AND REGULATORY BACKGROUND
15.

The FECA and FEC regulations prohibit making a contribution in the name of

another person, knowingly permitting one’s name to be used for the purpose of making a
contribution in the name of another person, and knowingly accepting a contribution made by one
person in the name of another person. Specifically, 52 U.S.C. § 30122 provides: “No person shall
make a contribution in the name of another person or knowingly permit his name to be used to

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effect such a contribution, and no person shall knowingly accept a contribution made by one
person in the name of another person.”
16.

FEC implementing regulations, 11 C.F.R. § 110.4(b), echo these provisions,

prohibiting making a contribution in the name of another, knowingly permitting one’s name to
be used to effect a contribution, knowingly helping or assisting another to do so, and knowingly
accepting a contribution made by one person in the name of another person. The regulation
includes, as an example of a prohibited contribution, giving money, “all or part of which was
provided to the contributor by another person (the true contributor) without disclosing the source
of money[.]” Id. at § 110.4(b)(2).
17.

Under the FECA, any person who believes there has been a violation of the Act

may file a sworn complaint with the FEC. 52 U.S.C. § 30109(a)(l). Based on the complaint, the
response from the person or entity alleged to have violated the Act, facts developed by the Office
of General Counsel (“OGC”), and any OGC recommendation, the FEC decides whether there is
“reason to believe” a violation of the FECA has occurred. 52 U.S.C. § 30109(a)(2). A “reason to
believe” exists where a complaint “credibly alleges” a violation of the FECA “may have
occurred.” FEC, Statement of Policy Regarding Commission Action in Matters at the Initial
Stage in the Enforcement Process, 72 Fed. Reg. 12545 (Mar. 16, 2007).
18.

Under the FECA, the FEC has a 120-day period beginning on the date the

administrative complaint is filed to act on the administrative complaint without the potential of
subsequent action by the complainant. 52 U.S.C. § 30109(a)(8)(A).
19.

If the FEC fails to act on an administrative complaint within the 120-day period,

any party aggrieved by the FEC’s failure to act may file a petition with the United States District
Court for the District of Columbia. Id.

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20.

This Court may issue a declaratory judgment that the FEC’s failure to act on an

administrative complaint is contrary to law and “may direct the Commission to conform with
such declaration within 30 days.” 52 U.S.C. § 30109(a)(8)(C).
FACTUAL BACKGROUND
21.

The administrative complaint underlying this action concerned a $1,000,000

contribution made on December 24, 2015 to Coalition for Progress, an independent expenditureonly committee (“super PAC”) reportedly formed in 2015 to support Steven Fulop’s expected
campaign for governor of New Jersey. Coalition for Progress reported to the FEC that the
contribution was made by DE First Holdings, a Delaware Statutory Trust.
22.

DE First Holdings was formed in Delaware on December 23, 2015, the day before

it contributed the $1,000,000 to Coalition for Progress. On information and belief, DE First
Holdings did not generate sufficient income in its one day of existence prior to the $1,000,000
donation to Coalition for Progress to account for the contribution. DE First Holdings does not
appear to conduct any business, and it does not have a presence on the Internet. Rather, it appears
an Unknown Respondent (or Respondents) used DE First Holdings as a conduit to make the
$1,000,000 contribution to Coalition for Progress.
23.

As a Delaware Statutory Trust, DE First Holdings is not required to disclose the

identities of its beneficial owners on its Delaware registration. 12 Del. Code § 3810(a)(1); Morris
James LLP, An Overview of the Delaware Statutory Trust Act in Structured Finance
Transactions, 2014, available at http://bit.ly/2GTKyUt.
24.

The address provided for DE First Holdings on Coalition for Progress’s disclosure

forms match that of its Delaware registered agent, the Delaware Trust Company, at 2711
Centerville Road, Suite 400, Wilmington, DE 19808. The Delaware Trust Company “does not

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publicly disclosure its clients.” Matt Friedman, Dark Money Fuels Pro-Fulop Super PAC,
Politico New Jersey, Feb. 1, 2016, available at https://politi.co/2GXJGdv.
25.

On February 19, 2016, Plaintiffs CREW and Mr. Bookbinder filed an

administrative complaint with the FEC seeking an investigation and enforcement action against
DE First Holdings, the Unknown Respondent (or Respondents), Coalition for Progress, and its
treasurer, Ana Rivas, for violations of the FECA. A true and correct copy of this administrative
complaint is attached hereto as Exhibit 1.
26.

Plaintiffs’ administrative complaint alleged DE First Holdings and the Unknown

Respondent (or Respondents) violated 52 U.S.C. § 30122 and 11 C.F.R. § 110.4(b), which
prohibit knowingly and willfully making a political contribution in the name of another person,
or knowingly and willfully permitting one’s name to be used by another to make a political
contribution. The administrative complaint further alleged that Coalition for Progress and Ms.
Rivas violated 52 U.S.C. § 30122 and 11 C.F.R. § 110.4(b) by knowingly accepting a political
contribution from one person in the name of another.
27.

In a letter to Plaintiff Bookbinder dated February 25, 2016, the FEC

acknowledged receipt of the administrative complaint. The complaint was assigned Matter Under
Review (“MUR”) number 7014.
28.

As of the date of this filing, the FEC has not reached a final decision on MUR

7014, over two years after receiving the initial administrative complaint.
29.

Multi-year delays in acting on a pending complaint are not uncommon at the FEC,

leading one FEC commissioner to express concern that “[e]ffective enforcement of the law is
undermined by pervasive delays.” In the Matter of American Conservative Union, et al.,

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Statement of Reasons of Comm’r Weintraub, MUR 6920, (Dec. 19, 2017) available at
http://bit.ly/2CDnumJ.
30.

The pervasive delays also often serve as a cause for other FEC commissioners to

halt enforcement actions. For example, on May 23, 2011, CREW filed a complaint with the FEC
alleging that the Commission on Hope, Growth, and Opportunity (“CHGO”) violated the FECA
by spending more than $2.3 million to broadcast television ads in 12 elections for seats in the
House of Representatives. Despite the nature and extent of the spending, CHGO failed to register
as a political committee and failed to file disclosures as required by the FECA, which CREW
alleged constituted violations of the FECA. In the Matter of The Commission on Hope Growth
and Opportunity, Complaint, MUR 6471 (May 23, 2011) available at http://bit.ly/2qHA6aL. The
complaint languished before the FEC, with months and even years passing between actions. See
id., Summary, available at http://bit.ly/2o52aBt. Finally, in November 2015, more than four
years after CREW filed its complaint, three controlling commissioners voted to exercise their
discretion to dismiss the case and close the file without finding reason to believe that there was a
violation of the FECA, in part because the “statute of limitations [had] effectively expired.” Id.,
Statement of Reasons of Comm’rs Petersen, Hunter, and Goodman, MURs 6391 and 6471 (Nov.
6, 2015), available at http://bit.ly/2D8LW0m. CREW has since brought suit challenging this
dismissal as contrary to law, and litigation is ongoing. See CREW v. FEC, Case No. 17-5049
(D.C. Cir.) (appeal pending).
31.

Similarly, on February 27, 2015, CREW filed a complaint against American

Conservative Union, Now or Never PAC, James C. Thomas III, and an Unknown Respondent
alleging legal violations stemming from a failure to disclosure the true source of a $1.71 million
contribution to Now or Never PAC. In the Matter of American Conservative Union, et al.,

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Complaint, MUR 6920 (Feb. 27, 2015), available at http://bit.ly/2D6UHI7. OGC investigated
the allegations and recommended finding reason to believe the respondents violated the FECA.
Id., First General Counsel’s Report (Jan. 20, 2016), available at http://bit.ly/2swd1sQ. That
report, however, sat before the commissioners for a full year, and by the time the FEC was
willing to move forward on the matter it was “just about out of time.” Id., Statement of Reasons
of Comm’r Weintraub (Dec. 19, 2017), available at http://bit.ly/2CDnumJ.
32.

While the FEC eventually found reason to believe that certain respondents

violated the FECA, resulting in a $350,000 fine, the controlling commissioners ultimately
declined to pursue investigation and enforcement against other unknown respondents who were
either the true source of the contribution or also acted as a conduit, justifying this decision in
large part due to the impending statute of limitations. Id., Statement of Reasons of Comm’rs
Hunter and Goodman (Dec. 20, 2017), available at http://bit.ly/2CTqQ8q. The decision not to
pursue further investigation constituted “an egregious example of someone using a web of
organizations to hide the true source of a $1.7 million contribution to a super PAC — and getting
away with it.” Id., Statement of Reasons of Comm’r Weintraub (Dec. 19, 2017), available at
http://bit.ly/2CDnumJ. CREW has since brought suit challenging the FEC’s dismissal of the
complaint against the other unknown respondents as contrary to law. See CREW v. FEC, Case
No. 1:17-cv-2770 (D.D.C.) (ABJ) (litigation ongoing).
33.

Such delays commonly impact the FEC’s ability to carry out its enforcement

function, as documents may be destroyed or lost and witness memories may fade. In addition, the
running of the five-year statute of limitations constrains the FEC’s enforcement, as after the
statute has run, it can no longer issue fines.

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34.

These delays also hamper CREW’s ability to access the information that it is

entitled to under the statute. Furthermore, to the extent evidence is lost or degraded during a
multi-year delay at the FEC, the delay undermines CREW’s ability to litigate under the FECA
should CREW file a suit alleging that an FEC final action is contrary to law.
FIRST CAUSE OF ACTION
(FEC Inaction Contrary to Law)
35.

Plaintiffs re-allege and incorporate by reference all preceding paragraphs as if

fully set forth herein.
36.

On February 19, 2016, more than two years ago, the FEC received Plaintiffs’

administrative complaint against DE First Holdings, Unknown Respondent (or Respondents),
Coalition for Progress, and Ana Rivas.
37.

Plaintiffs’ administrative complaint credibly alleged violations of FECA and FEC

regulations by DE First Holdings, Unknown Respondent (or Respondents), Coalition for
Progress, and Ana Rivas.
38.

The FEC has failed to act in a timely manner on the administrative complaint, and

to date has not reached a resolution or disclosed taking any action on the complaint.
39.

On information and belief, the factual allegations contained in the administrative

complaint can be verified by examining public records readily available to the FEC and by
interviewing a small number of individuals.
40.

Sufficient time has elapsed to allow the FEC to conduct an investigation of MUR

7014. The FEC’s failure to act on the administrative complaint is unreasonable and contrary to
law under 52 U.S.C. § 30109(a)(8), and the Court may compel the FEC to act.

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41.

Any party aggrieved by the failure of the FEC to act on an administrative

complaint may petition the Court for a declaration that the failure is unlawful and for an order
that the FEC to conform with this declaration within 30 days. 52 U.S.C. § 30109(a)(8).
42.

Action by the FEC on MUR 7014 may result in the FEC compelling Coalition for

Progress to amend their disclosures to properly identify its donors. If the FEC determines that
any of the Respondents acted knowingly and willfully, it may make a referral to the Department
of Justice for investigation into possible criminal penalties.
43.

Plaintiffs have been harmed by the FEC’s failure to act on the administrative

complaint. The FEC’s failure to act has allowed Coalition for Progress to continue to not
correctly identify the persons who have donated money to the organization. This failure to
disclose information to which Plaintiffs are entitled hinders CREW in its programmatic activity
and hinders Mr. Bookbinder in his ability to review campaign finance information.
44.

Thorough investigation of administrative complaints and timely action by the

FEC in making a final determination is in the public interest, and the FEC should rule on
Plaintiffs’ administrative complaint without further delay.

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REQUESTED RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court:
(1)

Declare that the FEC’s failure to act on Plaintiffs’ administrative complaint

(MUR 7014) is contrary to law;
(2)

Order the FEC to act on the administrative complaint within 30 days, pursuant to

52 U.S.C. § 30109(a)(8)(C); and
(3)

Grant such other and further relief as the Court may deem just and proper.

Respectfully submitted,

_/s/ Stuart McPhail_______________
Stuart McPhail
(D.C. Bar No. 1032529)
Adam J. Rappaport
(D.C. Bar No. 479866)
Citizens for Responsibility and Ethics
in Washington
455 Massachusetts Ave., N.W.
Washington, DC 20001
Phone: (202) 408-5565
Fax: (202) 897-1996
smcphail@citizensforethics.org

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FEDERAL ELECTIGN COMMISSION

in the matter of:

DE First Holdings MUR

Coalition for Progress

Ana Rivas, as treasurer, Coalition for Progress

Unknown Respondent (or Respondents)

COMPLAINT

1. Citizens for Responsibility and Ethics in Washington and Noah
Bookbinder bring this complaint before the Federal Election Commission seeking an
immediate investigation and enforcement action against DE First Holdings, Coalition for
Progress, its treasurer, Ana Rivas, and an Unknown Respondent (or Respondents) for direct and
serious violations of the Federal Election Campaign Act 

Summary

2. On December 23, 2015, DE First Holdings was formed in Delaware. DE First
Holdings is a Delaware Statutory Trust a type of business entity that can keep secret the names
of its owners. The next day, on December 24, 2015, DE First Holdings made a $1,000,000
contribution to Coalition for Progress, a federal super PAC reportedly established to support
Jersey City Mayor Steven ulop?s expected campaign for governor of New Jersey. DE First
Holdings does not have any known business activity, and it is virtually impossible the company

generated sufficient income to pay for the $1,000,000 contribution in one day. As a result, it

appears the funds for the contribution to Coalition for Progress came from another individual or

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organization, so the contribution was made in the name of another in violation of the EECA and
EEC regulations.

3. Furthermore, if Coalition for Progress knew the contribution was made in the

name of another, it likely violated the law as well,
Complainants

4. Complainant CREW is a nonprofit corporation, organized under section 501(c)(3)
of the Internal Revenue Code. CREW is committed to protecting the right of citizens to be
informed about the activities of government officials and to ensuring the integrity of government
officials. CREW is dedicated to empowering citizens to have an influential voice in government
decisions and in the governmental decisiornmaking process. CREW uses a combination of
research, litigation, and advocacy to advance its mission.

5.. In furtherance of its mission, CREW seeks to expose unethical and illegal conduct
of those involved in government. One way CREW does this is by educating citizens regarding
the integrity of the electoral process and our system of government. Toward this end, CREW
monitors the campaign finance activities of those who run for federal office and those who make
expenditures to influence federal elections, and publicizes those who violate federal campaign
finance laws through its website, press releases, and other methods of distribution. CREW also
files complaints with the EEC when it discovers violations of the FECA. Publicizing campaign
finance violations and filing complaints with the EEC serves mission of keeping the
public informed about individuals and entities that violate campaign finance laws and deterring

future violations of campaign finance law.

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6., in order to assess whether an individual or entity is complying with federal
campaign finance law, CREW needs the information contained in disclosure reports political
committees must file pursuant to the FECA, 52 U.S.C. 30104(a), 11 CPR. 1041,
104.3. CREW is hindered in its programmatic activity when an individual or entity fails to
disclose campaign finance information in reports required by the FECA.

7. CREW relies on the proper administration of the reporting
requirements because the FECA?mandated disclosure reports are the only source of information
CREW can use to determine if an individual or entity is complying with the FECA, The proper
administration of the reporting requirements includes mandating that all disclosure
reports required by the FECA are properly and timely filed with the FEC, CREW is hindered in
its programmatic activity when the EC fails to properly administer the reporting
requirements.

8. Complainant Noah Bookbinder is the executive director of Citizens for
Responsibility and Ethics in Washington. At all times relevant to the complaint, he has been and
remains a citizen of the United States and a registered voter and resident of Maryland. As a
registered voter, Mr. Bookbinder is entitled to receive information contained in disclosure reports
required by the EECA, 52 U.S.C. 30104; 11 ORR. 104.1, 1043. Mr, Bookbinder is
harmed when an individual, candidate, political committee, or other entity fails to report
campaign finance activity as required by the FECA. See FEC v. Akins, 524 US. 11, 19 (1998),
quoting Buckley v. Valeo, 424 US. 1, 66-67 (1976) (political committees must disclose

contributors and disbursements to help voters understand who provides which candidates with

Case Document 1-1 Filed 05/04/18 Page 4 of 37

financial support). Mr. Bookbinder is further harmed when the FEC fails to properly administer
the reporting requirements, limiting his ability to review campaign finance information.
32mm

9. DE First Holdings is a Delaware Statutory Trust organized and registered in
Delaware. Delaware Department of State, Division of Corporations, Entity Details for DE First
Holdings (attached as Exhibit A). DE First Holdings was formed and/or incorporated on
December 23, 2015. Id. It is not known if DE First Holding conducts any business or has
generated any income.

10. Coalition for Progress is an independent expenditure~only committee (?super
established on August 5, 2015. Coalition for Progress, FEC Form 1, Statement of
Organization (Aug. 5, 2015) (excerpts attached as Exhibit B). Several news reports quote
multiple sources asserting Coalition for Progress was established to support Mr. Fulop?s New
Jersey gubernatorial campaign. Matt Friedman, Dark Money Fuels Pro-Fulop Super PAC,
Politico New Jersey, Feb. 1, 2016 (attached as Exhibit Terrence T. McDonald, Donors to
PAC With Ties to Fulop Are a ?Who?s Who? of Jersey City, Jersey Journal, Feb. 1, 2016
(attached as Exhibit Matt Friedman, Sources: Booker Confidant Forms Super PAC to Boost
F_ulgp, Politico New Jersey, Dec. 29, 2015 (attached as Exhibit E). Coalition for Progress,
however, asserted the super PAC will support or oppose both federal and state candidates, and is
?not a Super PAC in support of any one candidate.? Friedman, Politico New Jersey, Feb. 1,
2016; see also McDonald, Jersey Journal, Feb. 1, 2016.

11. Ana Rivas is treasurer of Coalition for Progress. Exhibit B.

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Factual Allegations

12. On December 24, 2015, one day after it was formed, DE First Holdings made a
$1,000,000 contribution to Coalition for Progress. Coalition for Progress, FEC Form 3X, 2015
Year?End Report, Amended, at 19 (Feb. 2, 2016) (excerpts attached as Exhibit F).

13.. Coalition for Progress?s disclosure report provides little information about DE
First Holdings. The only information provided is that DE First Holdings?s address is 2711
Centerville Road, Wilmington, DE 19808. Id. That is the same address as provided by DE First
Holdings on its Delaware registration. Exhibit A. As the registration indicates, that is the
address of DE First Holdings?s registered agent, the Delaware Trust Company, id., ?which does
not publicly disclose its clients.? Friedman, Politico New Jersey, Feb. 1, 2016.

14. As a Delaware Statutory Trust, DE First Holdings is not required to disclose the
identities of its beneficial owners on its Delaware registration. Morris James LLP, An Overview
of the Delaware Statutory Trust Act in Structured Finance Transactions, 2014 (attached as
Exhibit Rick Bell, What is a Delaware Statutory Trust?, he HBS Blog, Dec. 7, 2015
(attached as Exhibit 12 Del. Code 3810(a)(1).

15. 011 information and belief, DE First Holdings did not generate sufficient income
in the one day between its formation and the date on which it contributed $1,000,000 to Coalition
for Progress to account for the contribution. DE First Holdings does not appear to conduct any
business, and it does not have a presence on the lnternet. Rather, it appears an Unknown
ReSpondent (or Respondents) provided the $1,000,000 to DE First Holdings to make the

contribution to Coalition for Progress.

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CM

16. The FECA and FEC regulations prohibit making a contribution in the name of
another person and knowingly permitting one?s name to be used to effect a contribution in the
name of another person. 52 U.S.C. 30122; 11 CPR. 

17. An Unknown Respondent (or Respondents) appears to have made a $1,000,000
contribution to Coalition for Progress in the name of DE First Holdings in violation of 52 U.S.C.
30122 and 11 CPR. 

18. DE First Holdings appears to have correspondingly violated 52 U.S.C. 30122
and 11 C.F.R. 110.4(b) by knowingly permitting its name to be used to effect a $1,000,000
contribution by Unknown Respondent (or ReSpondents) to Coalition for Progress.

19. If these violations were knowing and willful, they are subject to criminal penalties
and should be referred to the Department of Justice for investigation. 52 U.S.C. 
30109(a)(5)(C), 30109(d)(1).



20. The FECA and FEC regulations also prohibit knowingly accepting a contribution
made by one person in the name of another person. 52 U.S.C. 30122; 11 C.F.R. 

21. If Coalition for Progress and Ms. Rivas knowingly accepted a contribution made
by Unknown Respondent (or Respondents) in the name of Coalition for Progress, they may have
violated 52 U.S.C. 30122 and 11 C.F.R. 

Conclusion
WHEREFORE, Citizens for Responsibility and Ethics in Washington and Noah

Bookbinder request that the FEC conduct an investigation into these allegations, declare the

Case Document 1-1 Filed 05/04/18 Page 7 of 37

respondents to have violated the FECA and applicable FEC regulations, and order respondents to
correct these violations by amending Coalition for Progress?s disclosures to identify and make
public the source(s) of the contribution to the PAC. In addition, respondents request that the
FEC impose sanctions appropriate to these violations and take such further action as may be

appropriate, including referring this case to the Department of Justice for criminal prosecution.

OF COMPLAINANTS

Noah Bookbinder

Executive Director

Citizens for Responsibility and Ethics in
Washington

455 Massachusetts Ave. .W., Sixth Floor
Washington, DC. 20001

(202) 408?5565 (phone)

(202) 588?5020 (fax)

Case Document 1-1 Filed 05/04/18 Page 8 of 37

VERIFICATION

Citizens for Responsibility and Ethics in Washington and Noah Bookbinder verify that
the statements made in the attached Complaint are, upon information and belief, true. Sworn
pursuant to 18 U.S.C. 1001.



Nbah Bookbinder

Sworn to and subscribed before me this ?th day of February 2016.

Mai x4- 

Notary Public

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Case Document 1-1 Filed 05/04/18 Page 9 of 37

 

 

?4/2016 Case Page 10 of 37

Delawaregoy i Text Only Governot Genera! Assembly Courts Elected Cii'iicials State Agencies

 

Department of State: Division of Corporations
Allowable Characters

Freguently Asked Questions View Search Resutts
HOME

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SERVICES
Pay Taxes
Buik Tax Payment (atternative entity paymentoniy) Eniitli Name: DE FIRST HOLDINGS
File 

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Name Entity; Kind: Statutory
Entity Search Trust
Status

Validate Certificate Residency: Domestic State: DELAWARE
Customer Service Survey

INFORMATION

Corporate Forms REGISTERED AGENT INFORMATION

Corporate Fees

UCC Forms and Fees

Taxes Name: DELAWARE TRUST COMPANY

Expedited Services

Service of Process .

Registered Agents Address. 2711 ROAD SUITE 210
GetCorporate Status .

Submitting a Request City: WILMENGTON County: New Castie
Howto Form a New Business Entity

Certi?cations, Apostittes 8: Authentication of State: DE Postal Code: 19808
Documents

 

 

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Entity Tyoe: General

Phone:

Additionai information is available for a fee. You can retrieve Status for a fee of 331(100 or
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1/1

Case Document 1-1 Filed 05/04/18 Page 11 of 37

 

 

Case Document 1-1 Filed 05/04/18 Page 12 of 37

:06
image# 20150005e00000135e
PAGE 1 l5

        

Of?ce Use Only

   

1. NAME OF (Check if name Exampie?t typing, type 12FE4M5

 

 

 

 

 

 

 

 

 

 

COMMITTEE (in full) is changed) over the lines.
Coalition fer Progress 
tit? 
E231 Tenth Avenue 
ADDRESS (number and street) a 
(Check if address gApt. 78 (5/0 Bari Mattes . . i;
is changedNew York 15-10031 STATE a ZIP CODEA
COMMITTEES EMAIL ADDRESS
(Check if address Ebarijmattes@gmail.com
is changedOptional Second E~Mai  Address
COMMITTEES WEB PAGE ADDRESS (URL)
(Check if address A
is changedDATE 08 03 2015
3. F50 IDENTIFEOATION NUMBER 000582841
4. is THIS STATEMENT NEW (N) QR AMENDED (A)

 

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer Ana 

 

i}

[Electronicalbi fled] Date 08 05 2015

?3 x:
Signature of Treasurer Am Rm?

 

 

NOTE: Submission of false) erroneous, or incomplete information may subject the person signing this Statement to the penettiee of 2 U.S.C. ?437g.
ANY CHANGE IN INFORMATION SHOULD BE REPORTED WITHIN 10 DAYS.

 

 

 

 

 

Office For further information contact:
Use Federal Election Commission FEC 1
i Toll Free 800-424-9530 06/2012)
Local 202-694~it00

 

 

 

 

Case Document 1-1 Filed 05/04/18 Page 13 of 37

imaget? 201508959000801365

   

FEC Form 1 (Revised 02/2009) Page 2

5. TYPE OF COMMITTEE
Candidate Committee:

 

 

This committee is a principai campaign committee. (Complete the candidate information below.)
This committee is an authorized committee, and is NOT a principai campaign committee. (Complete the candidate
information below.)
Name of 
Candidate 
Candidate Office State
Party Affliiation Sought: House Senate President
District
(0) This committee supports/opposes only one candidate, and is NOT an authorized committee.
Name Candidate 
itarty Committee:
(National, State (Democratic,
This committee is a or subordinate) committee of the Repubiican, etc.) Party.
Political Action Committee (PAC):
This committee is a separate segregated tund. (identity connected organization on line 6.) its connected organization is a:
Corporation Corporation w/o Capitai Stock Labor Organization
Membership Organization Trade Association Cooperative
in addition, this committee is a Lobbyist/Registrant PAC.
This committee supports/opposes more than one Federal candidate, and is NOT a separate segregated fund or party
committee. nonconnected committee)
in addition, this committee is a Lobbyist/Registrant PAC.
in addition, this committee is a Leadership PAC. (Identity sponsor on line 6.)
Joint Fundraising Reptesentative:
This committee collects contributions, pays tundraising expenses and disburses net proceeds for two or more poiiticai
commideas/organizations, at ieast one oi which is an authorized committee of a federal candidate.
This committee coiiects contributions, pays fundraising expenses and disburses net proceeds for two or more political

committees/organizations, none of which is an authorized committee of a federal candidate.

Committees Participating in Joint Fundraiser

 

 

t. i i Emmi FEC ?umber 
in}? 2 i i 2 i "umber 

3' i i i FEC iD number 0

 

4. :F'mbc

 

   

Case Document 1-1 Filed 05/04/18 Page 14 of 37
lmage? 201 508059000801366

   

FEC Form 1 (Revised 0212009) Page 3

Write or Type Committee Name

Coalition for Pregress

6. Name of Any Connected Organization, Affiliated Committee, Joint Fundraising Representative, or Leadership PAC Sponsor

 

l?iswat a ?rim .3. i i i a I

 

 

Address CITY STATE ZIP CODE

Relationship: Connected Organization Affiliated Committee Joint Fundraising Representative Leadership PAC Sponsor

 

7. Custodian of Records: Identify by name, address (phone number optionai) and position of the person in possession of committee
books and records.

?BariMattes
FuliName tizrzii
(231 Tenth Ave.
Mailing Address 

 

gAprre i
arias

NewYork 3 310011 

fat I: i i 5 i a 

 

Title or Position CITY STATE ZIP CODE

2 President a (1 
?i i i i iWi? i is i Telephone number Treasurer: List the name and address (phone number -- optional) oi the treasurer of the committee; and the name and address of
any designated agent assistant treasurer).

Fuil Name :Ana Rivas


i .

of Treasurer i i i i I .i its} i i i

 

 

t288 South 19th Street
is; 

 

 

 

Wi tome; it; i

CITY STATE ZIP CODE

Title or Position
3 Treasurer

3

i i i i I Telephone number

 

   

Case Document 1-1 Filed 05/04/18 Page 15 of 37

201 50833553000801.3637

   

FEC Form ?3 (Revised 02/2009) Page 4

Full Name of 
Agent 
?231 Tenth Ave.

Mailing Address

gApt.7B
.233333i

 

 

gNeWVOlk 3W 3 3190CITY STATE ZIP CODE

Title or Position
Presiden Telephone number 2 3 3 3

 

9. Banks or Other Depositories: List all banks or other depositories in which the committee deposits funds. holds accounts. rents
safety deposit boxes or maintains funds.

Name of Bank, Depository. etc.

Bent

?200 West 26th Street 
MailingAddress


- gNewYork gNYg? $10001 3

CITY STATE ZIP CODE

 

Name of Bank, Depository. etc.

MailingAddress 333CITY STATE ZIP CODE

 

   

Case Document 1-1 Filed 05/04/18 Page 16 of 37
image# PAGE 5 5

EEC ESQEENLAEENEQEES RELAEE Egg ?t 

     

Form/Schedute: FEM
Transaction ED 

This committee intends to make independent expenditures, and consistent with the US. Court of Appeals for the
District of Columbia Circuit decision in SpeechNow v. FEC, it therefore intends to raise funds in untimited amounts.
This committee wiil not use those funds to make contributions, whether direct, inn-kind, or via coordinated
communications, to federal candidates or committees.

Form/Schedute:
Transaction ID:

Case Document 1-1 Filed 05/04/18 Page 17 of 37

 

 

2/18/2016 Case mbe?t'?t eeritUltpiwer?i?l??tl "stde 4918 Page 18 of 37

    

a ram;

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us of THE M:

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New Jersey

PRC)

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Mia: ??ldr EL'K'il?itl?S- '3
EEING r68 tr DGE 



   

 

 

N.J. minimum wage won?t
increase in 2016, state says

Top NJ. Democratic fundraiser
hit with 1S-count ELEC
complaint

 

life-32m N.J. pension spent on
alternative fund costs, union
says

3 MS i) m, Fix?i) 11056

 

. . 4 Dems, DEP battling again over
A mysterious company came into existence just one day before it gave $1 million to a flood control rules
super PAC expected to back jersey City Mayor Steven Fulop?s anticipated bid for
. . NJ. Senate again passes
governor; according to corporate and campaign ?nance ?lings. competing Port Authority reform
legislation

And nearly half ofthe $3.2 million raised by the super PAC, Coaiition for Progress,

cannot be traced to its original source.

On Dec. 23, a trust cailed DE First Holdings was established in Wilmington, Delaware,
according to the Delaware Division of Corporations. On Dec. 24, it gave $1 million to
Coalition for Progress, according to the PAC's filing with the Federal Election

Commission.
Public filings give no indication ofwho is behind the trust.

MORE ON pounce Paul 8. Ryan, deputy executive director of the

Trenton Brief Itinerary: Assembly to Campaign Legal Center, said the donation may

hold first voting session' Guardian violate a federal law that states ?no person shall

backs away from AC takeover make a contribution in the name of another

a Piscataway setties affordable?housing person or permlt name to be

. used to effect such a contribution and no
requirement

Atlantic City takeover tegislation person shall knowingly accept a contribution

. . made by one person in the name of another
would glve state sweeping powers

person."

Al Plat-H 
He said the word "person" also applies to

1/4

2118/2016 Case 1:18-cv-01059-TW m?ilfbeeslitlt?i??rithp-Tpe" restart/18 Page 19 of 37

companies.

?It doesn't look like that DE First Holdings would have engaged in sufficient legitimate
business activity to generate its own money that its directors could choose to contribute
a political committee,? said Ryan. ?instead, it looks like this thing was set up for the
purpose oflaundering money to a political committee while hiding the true source of

the funds.?

Sheila Krumholz, executive director of the Center for Responsive Politics, said ?it defies
common sense, or at least it challenges belief, that a company would register or
organize on one day and already be actively involved in political campaigns the

following day.?

DE First Holdings was registered in Delaware by the Wilmington-based Delaware Trust

Company, which does not pubiicly disclose its clients.

?Helping to establish Delaware Statutory Trusts and serving as a registered agent is a
service we provide to corporate entities," said Delaware Trust Company spokeswoman
Laura Crozier. ?As a service provider, we do not publicly share customer information,

unless required by law or to cooperate with law enforcement."

in 2011, the Campaign Legal Center filed three complaints with the FEC against a super
PAC called Restore Our Future that was backing Republican Mitt Romney?s presidential
bid, charging that it accepted three $1 million donations from corporations set up by
Romney backers who did not want their names publicly disclosed. The commission has

yet to rule on those complaints.

"What matters is that under federal law, the true source of funds to a political
committee have to be reported. Not some intermediate shell donor or straw company,"
Ryan said. ?The Supreme Court for decades has recognized that the public has a right to
know in order to watch out for corruption in government, to watch out for access and

in?uence being sold by elected officials to big donors."

The president of Coalition for Progress, Bari Mattes, has not returned numerous phone

calls seeking comment.

In a press release last month, Coalition for Progress said its primary purpose ?will be
advocating for or against candidates or potential candidates at the federal level or
advocating for or against candidates or potential candidates at the non~federal
statewide level in New Jersey (such as Governor or Lt. Governor races) in ways that
impact the federal political landscape," and that it is ?not a SuperPAC in support of any

one candidate.?

But multiple sources have told POLITICO New Jersey the PAC was created with the
specific aim of boosting Fulop, who last week acknowledged that he has raised money

for it.

Tom Bertoli, Fulop's longtime political adviser, is listed on its campaign finance report
as giving a $4,500 in?kind contribution in the form of a breakfast event. And a
prominent Fulop backer, Donald Scarinci, posted an article about the PAC on Facebook,
writing, "No one can say that Steve Fulop does not have the political support in the key
Democratic counties to win. Now no one can say that Steve Fulop will not have the

money to win! The Democratic primary for Governor is over before it begins!?



2/18/2016 Case ?hlufPfUpelfil ecd Page 20 of 37
Many Jersey City developers show up on the PAC's campaign finance report. And on
Monday, the jersey lmn?nai r?smoi?ted that $1.46 million ofthe contributions are
from ?businesses with contracts with lersey City or its autonomous agencies,
developers who have received long~term tax breaks from the city, firms with lawyers

who appear regularly before city boards and agencies and more.?

Another big donation to Coalition for Progress is also untraceable a $400,000
contribution by a nonprofit group called Progressive Newlersey Inc. that is run out of a

North Brunswick condo by Democratic activist Gary Hirsch.

That group, organized under section 501(cl4 ofthe Newiersey tax code, registered with

the state in 2014.
Asked if he would reveal the group?s donors, Hirsch said, ?No, I really can't."

?We're putting stuff together right now. I can't really talk about it. This is like our

foundation year. We?re defining issues. ican?t really go into what we're doing," he said.

Hirsch said he was reached at a "bad time" and agreed to a phone interview Monday
morning. On Monday, he did not answer his phone or return a phone call and instead

offered a written statement.

?Our mission is to promote social and economic agendas that build a stronger and fairer
New Jersey,? Hirsch said in the statement, adding that his group had raised about $1
million from ?national donors." ?This year we will be focused on initiatives that will
include increasing voter participation, paid sick leave, and raising the minimum wage.
Additionally, we wiil be supporting state and federal candidates in future election

cycles."

As a 501(c)4, the group is required to spend at least half of the money it raises on social
welfare advocacy during a fiscal year. Hirsch did not respond to a questions about when
his organization?s fiscal year begins and ends, and whether it has done any social

welfare spending.

Henry Plotkin, a member of Progressive New Jersey?s board oftrustees, chaired a
mayoral transition committee for Fulop in 2013 and is now a member of the Jersey City

Employment and Training Program.

This story has been edited correct Paul S. Ryan's title at the Campaign Legal Center. He is

deputy executive director.

MORE: NEW JERSEY 2017 GUBERNATORIAL ELECTION CAMPAIGN FENANCE LEGAL CENTER
CENTER FOR RESPONSEVE Pounce FOR PROGRESS DE FIRST JERSEY (21W NEW
JERSEY PAUL 5, RYAN SHEILA KRUMHOLZ STEVEN EULOP SUPER TAXIEs


yw? I?M-tho: 

near: NEiz?il 

Trenton Brief Itinerary: Assembly to hold first voting session; Guardian backs away from A0
takeover

.capitalnewyorl<.com larticie/new?jers say/201 6/02/8589739/dark- oney?fuels~ profulop?super?pac 3/4

Case Document 1-1 Filed 05/04/18 Page 21 of 37

 

 

2/18f2016

Case I 885%) ?t 22 of 37

 

A Super PAC that hashes to Mayor Steve Fulop has raised more than $3 million since July. Jesse Brothers [The
Jersey Journal (Jersey Journal file photo)

By Terrence T. McDonald The Jersey Journai

 

Email the author Follow on Twitter
?it-E: on February 01.2016 at 11:46 AM. updated February 01. 2016 at 4:20 PM

 

A super PAC that sources say is aligned with Mayor Steve Fulop has raised $3.2 million since July. a vast majority from donors
giving 3310.000 or more.

The fundraising totals for Coalition for Progress. released Friday evening. show nearly halic of the totai raised came from
companies and individuals who do business in Jersey City and with City Hall. The federally registered president said its
purpose is not to support only one candidate. but sources say it is expected to back Fulop's expected bid for the Democratic
nomination for governor in 2017.

One source who asked not to be identified making comments that could be seen as critical of Fulop expressed astonishment at
the number of Coalition for Progress' donors that have ties to Jersey City.

"This a list of a regular cast of characters.? the source said. ?This is everyone a who's who."

01? the 58 donations that top $10000. at least 27 for a total of $1.46 million are contributions from businesses with
contracts with Jersey City or its autonomous agencies. developers who have received long?term tax breaks from the city. firms
with lawyers who appear regularly before city boards and agencies and more.

The top donation is an eye-popping $1 million. from a Delaware hoiding company. DE First Holdings, about which little is widely
known. Politico reports today that the company was established the day before it donated the $1 mitlion. and public filings do
not indicate who is behind it,

As a federal PAC. Coalition for Progress can raise unlimited sums. State campaign laws limit donations to $2.600 per election for
a candidate or $7.200 for a campaign committee.

1/3

2/18/2016

Case T??TO'Sl?i?ii?ed ?gib?i?ng'?age 23 of 37

Fulop declined to comment. He told Politico on Friday that Coalition tor Progress is one of various entities he hosts events
tor. Fulop hosted at ieast one fundraiser for the PAC. a Nov. 11 event at Liberty Prime Steakhouse where the entry price was

reportedly $25000.

The PAC's president. Bari Mattes. is a close ally of U.S. Sen. Cory Booker. Mattes told The Jersey Journal today that the
committee does not support one individual candidate. in a Jan. 20 statement. Mattes said the PAC will support candidates at the
federal level or in statewide races in New Jersey who "impact the federal political landscape.?

Coalition for Progress took in about $3 million from donations of $10000 or more. and about $237,000 from smaller
contributions. Battes said the committee has pledges of $6 miilion in donations totaE.



Best two words in Fulop's world are 'super 1 Political Insider

 

Progressive New Jersey. a North Brunswick-based nonprofit, contributed $400,000 to Coalition for Progress. Henry Plotkin.
who sits on its board of directors. led a committee on Fulop's transition team in 2013. Fuiop appointed him that September to
sit on the board of directors of the Jersey City Employment Training Program. an unpaid post.

MC Roseiand Holdings. a subsidiary of real?estate firm Mack?Gail. contributed $250,000. Mack?Gail is behind a number of
projects in Jersey City. including a 713?foot?high tower on the Waterfront, and it is planning to move its headquarters here.

Real-estate investment trust Dixon Advisory donated $200,000. The firm. which owns numerous properties throughout Jersey
City. would have saved more than $100000 from a tax appeal deal Fulop proposed in December that was eventuaily shot
down by Hudson County's tax board.

The Fidelco Group. whose founder and chair. Marc Berson. is chair of Barnabas Health. the system Jersey City Medical Center
joined in 2013. donated $100000. Last year. Barnabas purchased a city-owned lot adjacent to JCMC for $24 miilion.

1 Henderson St. LLC and Observer Properties. both of which share a Hoboken address with Fields Development Group. gave a
combined $100,000. Fieids owns the Van Vorst Street building where Fulop lives. Fields principal Robert Caulfield is a member
of Observer Properties.

The law tirm DeCotiis. FitzPatrick Cote. which was hired by the city Municipal Utilities Authority as general counsei after
Fulop?s election as mayor. and its partners gave a total of 3550.000. Onyx Equities. which owns 30 Montgomery St.. a
Downtown Jersey City tower where the city rents about 20.000 square feet. contributed $35,000.

Real-estate developer Frank Guarini. a former congressman who is behind numerous Jersey City projects. including the two
towers and hotel going up on Columbus Drive near the PATH station. gave $25,000. as did one of his partners in that venture.
Joe Panepinto. Last year. the City Council awarded a 30?year tax break to a Journal Square project Panepinto is behind.

The PAC for United Water. which runs the city's water and sewage systems. donated $10,000.

Other individual donors inciude Alex Soros. son of biilionaire liberal donor George Soros. who gave $50000. and Audibie CEO
Donald Katz. who contributed $25000. Tom Bertoli. Fulop's chief political operative. gave an in-kind donation of $4.500.

Terrence T. McDonald may be reached at tmcdonald@jjoumal.cam. Follow him on Twitter @terrencemcd. Find The Jersey
Journal on Facebook.

.nj .com/hudson/i ndexssf/ZOt n_32m?donors__a_w 2/3

Case Document 1-1 Filed 05/04/18 Page 24 of 37

 

 

2/18/2016

 



.

II MAT 

?2 an: nee earns sun's.

?Isms. [He [in



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super PAC boost

 

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Bari Mattes, a fundraiser and longtime confidant to Democratic U.S. Sen. Cory Booker,

quietly setup a super PAC in August.

But the PACK i?iIedwitiI lecti on I Ission under the name Coalition for
Progress,? was not created to help Booker. According to three sources with knowledge
of its activities, the PAC is raising money to boostj?ersey City Mayor Steve Fulop, who is

preparing to run for the Democratic gubernatorial nomination in 2017.

The filing gives no clue as to its purpose; it?s registered to Mattes? New York City
apartment and has not yet reported raising any money. But come midJanuary, its filing

is expected to show a large fundraising haul.

Mattes, who played a role in organizing Facebook founder Mark Zuckerberg?s
controversial $100 million donation to Newark schools, did not return a phone call or
email seeking comment. A question to Fulop's office asking if he had helped raise

money for the PAC was not answered.

Mattes? leadership of the PAC should not be

read as an indication ofsupport from Booker,

MORE ON POLITICO

Trenton Brief+ Itinerary: Assembly to

hold first voting session' Guardian according to a Booker ally. But the fact a

backs away from AC takeover Booker confidante is working to elect Fulop

a Piscataway settles affordable-housing could tamp down speculation Booker himselfis

considering running for governor in 2017.

Case 1: 18- c?v- CfS?ddum t5?7hlsz1mcgao

.

925 0f37

 
 

New Jersey

Wit)



seq-c



    
 

. up II 3

 

NJ. minimum wage won?t
increase in 2016, state says

Top NJ. Democratic fundraiser
hit with 15-count ELEC
complaint

N.J. pension spent on
alternative fund costs, union
says

Dems, DEP battling again over
flood control rules

NJ. Senate again passes
competing Port Authority reform
legislation



1/3

2/18/2016 . "e confidant forms super PAC to_ boost Fuio POLETICO
Case Document 1-1 Filed 05/04/18 Page 26 of 37
requirement
Though the Democratic primary for governor
is Atlantic City takeover legislation
won?t take place for another year?andva?half,
would give state sweeping powers .
Fulop and several other candidates have spent
Aiivrn'rtsen/ieryr more than a year positioning themselves for

the race.

Most of Fulop?s rivals already have affiliated super PACs or similar organizations. A
close aide to state Senate President Stephen Sweeney filed a nonprofit 527 political
committee with the Internal Revenue Service called New )erseyaris for a lit-utter
"lomarrow. Phil Murphy, the wealthy former US. Ambassador to Germany, chairs a 5:2?
called New Way for Ni and a nonprofit called New Start that employ some of the
state's top Democratic operatives. And state Sen. Raymond Lesniak has at least two
super PACs run by allies: the Committee for Economic Growth and Social Justice, which
since 2013 has spent hundreds ofthousands ofdollars to influence local races across

New Jersey, and Run Ray Run, which has been inactive since it was formed in March.

Attorney Donald Scarinci, a political power broker who is allied with Fulop, started a
super PAC called Allian re a year ago, but it has been dormant since then

with the exception of a $5,000 contribution from Scarinci.

Super PACs are allowed to raise and spend unlimited amounts of money to boost
candidates or hurt others, as long as they don?t coordinate directly with candidates.

Still, candidates are allowed to raise money for the FAQs.

The quick rise of super PACS could also allow certain donors an end-run New Jersey's
?pay~to?play? law that bars companies with major state contracts from donating to

gubernatorial candidates.

Jeff Brindle, executive director of the state Election Law Enforcement Commission, said
there's nothing his agency can do to stop the spread of super PACs. But, he said, the
state Legislature could enact new laws to require those spending in New jersey to

register and disclose their activities with the state.

?Until the Legislature, if they would, passes legislation to get disclosure ofthese groups
and disclosure ofthe contributions, it?s very difficult to keep up with it,? Brindle said.
?You do get disclosure with the IRS or FEC, but it?s a totally different time frame, and
quite frankly, people in New Jersey, are they really going to check the FEC site or try to
get to the IRS site to find the information?"

MORE: NEW JERSEY 2017 RACE CORY BODKER NEW JERSEY PHIL MURPHY RAY LESNIAK
STEPHEN SWEENEY STEVE FULOP SUPER) PACS

mum; mar?rr?aiensiao

illitllii?. NEW 

Trenton Brief Itinerary: Assembly to hold fi?fst voting session; Guardian backs away from AC
ta sever



Case Document 1-1 Filed 05/04/18 Page 27 of 37

 

 

Case Document 1-1 Filed 05/04/18 Page 28 of 53

lmage? 201602029008434769 PAGE 1 /65

      

 

Fer (Ether Thee em eutherizect Committee
Office Use Only

   

1. NAME OF TYPE GR PRENT er Exempte: it typing, type .4
COMMITTEE (in full) we, the ??ea 

Coalition for Progress

3 li-ii-?i

m? mw mam-mm. .m ww "we. rum:- 11w." a 4- .3 ?1,31 - -- Hummt.) N7 uw -1 .u/I 4mm, y, mm). mm ?min. a 

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231 Tenth Avenue. 

 

 

 

 

 

 

 

 

AQVDRESS (number and street) 
Apt TKB c/o Bari Mattes i 4
Checkifd?k?ent EMML Him?mqamemmeww
Than New York 2 i NY 10011
reported- (A00) .. ., it 
2. FEC EDENTIFICATION NUMBER STATE Zip CODE 
3. is THIS NEW AMENDED
90058284? REPORT (N) 0R (A)
TVPE OF REPORT Feb 20 (M2) May 20 (M5) Aug 20 (M8) $10ng 
(Choose One) Report 
Due On:
Mar 20 (M3) Jun 20 (M6) eep 20 (Me) [?eCE?othWl
Quarterly Reports: ?212.03??
Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE)
Quarterl Re ort Q1
(6) 12-Day Primary (12F) General (126.) Runoff (12R)
July 15 
Quarterly Report (02) PRE Election 
Report for the. Conventlon (12C) SpeCIai (128)
October 15
Quarterly Report (03)
January 31 in the
Year-End Report (YE) Eiection on State of
July 31 Mid-Year ort Non-election .
Ye; Orggy) (MY) General (308) Runoff (30R) Special (308)
- Report for the:
Termination Report
(TERElection on State of
5. Covering Period 07 01 2015 through 12 31 2015

 

I certify that I have examined this Report and to the best of my knowledge and bei?et it is true, correct and complete.

Type or Print Name of Treasurer Ana Rivas

 

 

Signature of Treasurer A?m Rims [Electronically Filed] Date 02 02 20,16 -

 

NOTE: Submission of talse, erroneous. or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C. ?437g.

Of?ce FEC FORM 3x

Use Rev. 12/2004
Only

 

  

 

 

 

 

 

 

 

 

 

 

 

FESANOQB

Case Document 1-1 Filed 05/04/18 Page 29 of 37

image# 201602029008434787

sesseute a (PES sees as;
nemese secersts

 

Use separate schedule(s)
for each category of the
Detailed Summary Page

 

FOR LINE 19 OF 65

 

(check onty one)

'11s 1113 11c
16 m1?

 

Any information cepied from such Reports and Statements may not be sold or used by any person for the purpose of soiiciting contributions
or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee.

 

NAME OF (in Full)
Goalition for Progress

 

 

 

Fuli Name (Last, First, Middle Initial)
A. Michael R. DeCotiis

Address 500 Frank W. Burr Boulevard

 

 

 

Suite 31
City State Zip Code
Teaneck NJ 07666
FEC ID number of contributing 
federal political committee.
Name of Employer Occupation
DeCotiis FitzPatrick Cole Attorney

 

 

Receipt For:
iPrimary Generai
tether (specify) 

 

 

Aggregate Year-to-Date 

Date of Receipt
7 a; i. i.
12 03 2015
Transaction ID SA11AI.4463
Amount of Each Receipt this Period

1250.00

Partnership allocation from DeCotiis, FEtZPatrick Cole,
LLP



 

Full Name (Last, First, Middle lnitiai)
0. Deerwood Real Estate Capital

 

Mating Address 180 Sylvan Ave.

 

Date of Receipt

12 10 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Floor
City State Zip Code Transaction in 
Englewood Cliffs NJ 07532 Amount of Each Receipt this Period
FEC lD number of contributing 
federal political committee. 300900
Name of Employer Occupation Contribution
Receipt For. Aggregate Year-to-Date 
Primary 5 Genera!
Other (specify) 3000.00
Futl Name (Last. First, Middie lnitlai)
e. DE First Hoidings Date of Receipt
Mailing Address Delaware Trust Co. as; .
2711 Centerville Rd. 12 24 2015
City . State Zip Code Transaction 
Wilmington DE 19808 Amount of Each Receipt this Period
FEC ID number of contributing
federai political committee. 100000900
Name of Employer Occupation Contribution
Receipt For: Aggregate YearutowDate 
iPrimary iGsneial
iOther 
SUBTOTAL of Receipts This Page (optionai) 100300900
TOTAL This Period (last page this tine number only) gs

 

 

FE6AN026

FEC Schedule A (Form 3X) Rev. 02/2003

Case Document 1-1 Filed 05/04/18 Page 30 of 37

 

 

 

An Overview of the Dciawarc Statutory Trust Act in
Structured Finance Transactions

Business Transactions, Strategic Planning and Counseling Group

While Delaware is nationaily known as the preferred jurisdiction for
corporations, it is likewise recognized as a leader in the area of
statutory trusts. The State of Delaware, in ?1988, adopted the Delaware
Business Trust Act, the name of which was changed to the Delaware
Statutory Trust Act (the Act?) in 2002. The enactment of this
legislation operated to increase the utility of the trust in structured
finance transactions by overruling those principies of common law
trusts which were deemed disadvantageous and by inciuding certain
new provisions to statutoriiy authorize a high degree of freedom of
contract between the trustor and the trustee in determining their
respective iiabilities and the manner in which the trust (called a
?statutory trust? under the DST Act; hereinafter referred to as a 
couid be administered.

Although a number of states have adopted statutes recognizing
business trusts, Deiaware was the first state to adopt a completely new
statutory trust entity which was designed from the ground up as a
perfect structured finance special purpose entity. in the decades since
Delaware adopted the DST Act, numerous other states have each
enacted their own versions of the DST Act. The Delaware version,
however, has continued to evolve over the ensuing years and remains
several steps ahead of the others.

DELAWARE STATUTQRY TRUSTS EN STRUQTUQED FENANCE


Whether you are arranging an asset?backed financing, an equipment
leasing transaction, or trying to establish a titling trust, the entity that
holds the assets being financed is the linchpin of all structured finance
transactions. The DST has emerged as the preferred entity in such
transactions for a variety of reasons.

it DST is easy to form and maintain.

A DST is formed by filing a certificate of trust with the Office of the
Secretary of State of the State of Deiaware. This certificate states only
the name of the trust and the name and address of the Delaware
trustee. There is no requirement that the identity of the beneficial
owners of the trust or the provisions of the trust agreement be pubiiciy
disciosed, thus protecting the privacy of the parties to the transaction.
The DST Act does require that the trust have a Delaware resident
trustee, but business decisions and management of the trust may be

Attorneys

Ross Antonecoi
hiichoias d. Caggiano, ii
abandon S. Frazier
Michaei iv?i. i.-edyard
C. iwedyard, 

Jonathan ?trauss

Practice Areas

i?tusiness Transactions, Strategic
Pianning and Counseiing

Corporate Advice

Corporate Trust and Fiduciary
Services

Leda Opinions

Structured Finance "iraasaciions

 

 

 

 

59-TNM Document 1-1 Filed 05/04/18 Page 32 of37
rites?

 

 

  

An Overview of the Dciaware Statutory Trust Act in Structured Finance "itsnsactions (Continued)

(and in the context of a structured finance transaction, typically are) delegated to out of state contrustees and
managers. Moreover, the State of Delaware does not impose any annual fees or filing requirements on there
is a low one-time filing tee for formation of the trust, due to the State upon the of the certificate oi trust.

Limited 

The DST offers protection to its trustees, managers and beneficial owners. Under the DST Act, beneficial owners of
a DST are entitied to the same liability protections that Deiaware law provides to stockholders of a Delaware
corporation. Further, trustees (whether they are physically iocated within Deiaware or not) and other managers of the
DST are not personaily iiabie to third parties for acts, omissions or obligations of the DST.

Contractual ?exibility.

The express policy of the DST Act is to give maximum effect to the principle of freedom of contract and to the
of trust agreements. This policy of freedom of contract means the parties are abie to agree as
between themseives with respect to matters such as management and economic rights of owners, duties and rights
of managers, indemnification, mergers and other mixed entity reorganizations and other management and
operational issues. Fiduciary duties to the beneficial ovirners or the statutory trust and related liabilities may be
expanded, restricted or eliminated in the trust agreement; provided only that the trust agreement may not eliminate
the implied contractual covenant of good faith and fair dealing.

Flexible Tax Treatment.

A DST may be structured as a corporation, a partnership or a trust for federal and Delaware income tax purposes. A
DST can qualify as a (financiai asset securitization investment trust), a RElvilC (real estate mortgage
investment conduit), a (real estate investment trust) or at Rio (registered investment company).

Bankruptcy Remote Characteristics.

A DST is a legai entity separate and distinct from its owners and managers, and this separateness lessens the
likelihood that a bankruptcy court will consolidate the assets and liabilities of the DST with those of the trustor.

No creditor of a beneficial owner of the DST has any right to obtain possession of or exercise any legal or equitable
remedies with respect to the property of the DST, and a beneficial owner generally has no interest in specific
property of the DST.

A DST may not be terminated or revoked by a beneficial owner or other person except in accordance with the terms
of its trust agreement. A DST has perpetual existence and will not be terminated or dissolved by the dissolution,
termination or bankruptcy of a beneficial owner unless the terms of the trust agreement provide otherwise.

The contractual ?exibility provided by the DST Act ailows parties to restrict the ability of the DST to voluntariiy
commence bankruptcy proceedings through the designation of an "independent trustee?. This ?independent
trustee? may agree in the trust agreement to be responsible for making the determination to seek bankruptcy
protection, and any fiduciary duties the independent trustee might otherwise owe to the beneficial owner can be
contractually limited. Additionally, in appropriate circumstances, the power and authority of a DST may be limited 
by limiting such power and authority to the preservation of the assets of the DST) so as to render the DST

 

 

An Overview of the Delaware Statutory Trust ACE in Structured Finance Transactions (Continued)

ineligible to tile as a debtor under the US. Bankruptcy Code.
Sophisticated Dispute Fiesoiution,

The Delaware Court of Chancery has jurisdiction over trust and fiduciary matters and is generally regarded as the
preeminent business court in the United States. Furthermore, the Delaware Court of Chancery otters parties to
sophisticated business transactions the opportunity to mediate or arbitrate their disputes, provided that their trust
agreement contains certain required language.

USES 0F DELAWARE STATUYQRV TRUSTS

Asset Securitizations the DST issues debt/equity securities backed by trust assets, the primary advantage of
which can be to protect DST assets from creditors of the originator of such assets and creditors of the beneficial
owners of the DST.

municipal tax iiens (is. DC)

1% residential mortgages (CMOs and HER/little)

real estate investment trusts 

commercial mortgage loans

*2 financial asset securitization investment trusts 

a collateraiized bond obligations ((3808)

receivables (credit card, trade, installment sate, heaithcare, etc.)

a automobile leases/loans

4? corporate bonds and notes



royalty interest trusts (cit/nature! gas properties)

Leveraged Leasing and Equipment/Deiiaterai Trusts the DEBT provides iimited liability for equity investors,
protects lessee and debt investors against risk of equity investor's bankruptcy, and can significantly reduce the risk
that the DST will become a debtor in bankruptcy.

Like Kind Exchanges Under Section 1031 of the interns! Revenue Code DSTs are trequentiy used to hoid
?replacement property? in like kind exchange transactions structured to comply with Revenue Ruling 2004~86.

Securities the DST acquires and holds the security/asset to be repackaged, enters into a
swap transaction to exchange cash flows with the swap counterparty, and issues to investor new debt and/or equity
securities having the desired investment characteristics (based on cash ?ows received from swap counterparty).

Leases - the fiexibility and features, and the limited of DST beneficial
owners, makes the DST a good choice to serve as borrower/owner/Iessor in tax retention operating lease (TROL)
transactions.

 

 

An Overview of the Deiawarc Statutory Trust Act in Structured Finance Transactions (Continued)

Registered investment ?emeenies the flexibility is key advantage.

there exists no iimit on number of beneficial owners/interests:

the DST can be authorized to redeem or issue additional bene?cial interests without the cerisent e?i beneficiat
owners and without amending a public document or filing;

interuseries can be iimited to breperty of the series; and

no annual meetings are required.

insutaticn Qt Trust Assets From Attachment

i0 Set, 0, ?3502(b) (?Section 3502?) provides that banks and trust companies are not subject to the legal
remedy of attachment, therefore money and other assets in the custody and control of a bank or trust
company are exempt from seizure by attachment

Case iaw has extended the protection of Section 3502 to equitable remedies sought by creditors 
which is exempt from levy and sale under legal process . . . cannot be reached by a creditor's bilt")

Therefore, a beneficial owner's interest in a EST is protected from judgment creditors of such beneficial
owner so long as the trust assets are heid in Delaware by a bank or trust company.

Morris James All rights reserved 25314

 

Case Document 1-1 Filed 05/04/18 Page 35 of 37

 

 

2/17/2016 What is a Deiaware Statutory Trust?

Case Document 1-1 Filed 05/04/18 Page 36 of 37

 

   

sure ?er

1188 Blog Home The Deiawarc Advantage What is a Deiaware Statutory Trust?

What is a ?eiaware Statutory Trust??

8y Rick Bell Monday, December 7. 2015

What is a {Betaware Statutory Trust?

As eariy as the 16th century, the concept of property being heid in trust by one person for the benefit of another was part of the English Common Law. For neariy 400
years, the common law trust has been utilized by lawyers, primarily for the benefit of extremeiy weaitiiy people who have cultivated a realm of trusts in order to pass
ownership of assets from generation to generation with the least amount of taxation and the greatest degree of security in the process.

The Deiaware statutory trust (DST), however, is a statutory entity, created by filing a Certificate of Trust with the Deiaware Division of Corporations, and governed by
Chapter 38, Part V. Title 12 of the annotated Delaware Code (See 12 3801 through 3862).

Delaware is one of the few states in America to have a statutory trust law. Most states stilt reiy upon common iaw trusts.

Common law trusts, though often still used, have many outdated rules, which can create uncertainty about a number ofiegal aspects of the trust. Deiaware has undertaken
the task of modernizing the common law and creating an effective and judicially secure form of entity.

The Statutory Trust Act, similar to the Delaware LLC law, reiies on the iegal principle of freedom of contract (See 12 3823(b)). This grants the power to determine the
rights and responsibilities of the various parties to the drafters of the governing instrument, usually referred to as the trust agreement (See 12 ?380t(f)i. The trust
agreement is the private, governing document of the entity,

Delaware does not require the trust agreement to be filed (unlike severai other states), and therefore the parties to the statutory trust and their relative duties and
can remain the secret of the parties involved (See 12 ?3810),

The trust agreement is a definitive document, and Delaware law provides that the Delaware Court of Chancery enforce its terms upon the trustees and beneficial on-
(See 12 $804). The trust agreement is a contract and thereiore enforceable. it may create various classes or groups of trustees and/or beneficial owners (See ?12 ?381
and it determines the nature of distributions of the trust's assets for the benefit of the beneficial owners (See 12 ?3805).

Trustees may have very broad powers or very iirnited powers, per the trust agreement. and they may delegate their duties and authority to officers, committees, agents
others named in the trust agreement (See 12 ?3806).

 

There is no requirement for the trust agreement to be drafted in English. and no requirement to submit the document to any authority in Delaware for approval. There is no
restriction as to the specific location in which the trust agreement must be kept, and no specific format or phraseoiogy that must be taken into account. in fact, the drafters
possess complete authority to devise the relationship of the trustee and the beneficiai owners however they desire.

For example, the voting rights of the trustee or the beneficial owners may be expanded, limited or eiiminated with respect to any matter relating to the trust, such as
investment decisions or distribution decisions (See 12 ?3806). This provides greater ?exibility than common law trusts and most alternative forms of business organizations,
which often have mandatory provisions on such matters as voting rights and dividend distribution.

The Deiaware Statutory Trust Act (DSTA) states the trust is a separate legai entity and no creditor of a beneficial owner has any right to obtain possession of any of the
property beionging to the trust (See 12 ?3805(b)). The DSTA also states that a beneficial owner has no specific interest in the property of the trust (see 12 ?3805(c), and
the beneficial owner may not terminate the trust except in accordance with the private trust agreement (See 12 ?3803). Thus, other beneficial owners of the trust are
protected against any beneficial owner filing for bankruptcy or divorce, or undergoing any major life change.

1/3

2/17/2016 What is a Delaware Statutory Trust?
- - - Fil 05/04/18 Pa 9 37.0f 37 ..
Beneficial owners can IO ers of ageiaware corporation (See 92 ?3803); that is, benefacrai owners may
participate in management, or effectively control the statutory trust by directing the trustees. without taking on any personal liability (See 12 ?3805taii

Beneficial owners may transfer their interests to others, unless prohibited or limited by the trust agreement. 'i'ransierability will be permitted by the courts unless specifically
limited in the trust agreement (See 12 ?3805(d)).

Generally, the entity has two types of and beneficial owners. The trustee holds the legal title to the assets of the trust but is obligated to follow the
terms of the trust agreement in managing these assets. The beneficial owners hold equitable ownership and they, too, are governed by the terms of the trust agreement as
to their ability to manage, control or utilize the assets.

Trustees and beneficial owners cannot be held liable for their good faith reliance on provisions of the trust agreement (See 12 ?3802). At least one trustee must be a
resident of Delaware, which can be satisfied by naming a Delaware trust company or by forming a Delaware corporation to act as the trustee {Side 12 ?3807).

There is no Franchise Tax and no Delaware income tax on statutory trusts formed in Delaware. Under the United States? Internal Revenue Code, a business trust may be
treated as a grantor trust, a partnership or an association, just as a corporation, depending on the wording of the trust agreement. With check?the?box regulations in place,
it is possible for a statutory trust to elect which type of tax structure under which it wishes to operate. Further, non?resident alien beneficiaries of selfusettied trusts are not
required to pay any income tax to or file any tax returns with the United States. See 26 CFR Section 

A Delaware statutory trust may qualify as a (Real Estate Management investment Contract), a (Real Estate investment Trust), or a Regulated investment
Company. such as a mutual fund, under the and receive preferential tax treatitient. Mutual funds set up using a Delaware statutory trust may not he required to hold
annual shareholder meetings or allow shareholder votes on arty matters,

Delaware statutory trusts are often utilized for financing commercial airliners. The trust holds the title to the plane, which is managed administratively by a Delaware trust

company, The airline is the beneficial owner, which uses and maintains the plane while paying a lender, who makes a return on the investment. This type of arrangement is
sometimes called a leveraged lease; this way, none of the three possess responsibility for the plane itself, should an accident occur, This type of entity illustrates how much
?exibility is permitted while still protecting the parties under a statute which respects their trust agreement and the good faith management decisions of the parties involved.

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2/3

Case 1:18-cv-01059-TNM Document 1-2 Filed 05/04/18 Page 1 of 2
CIVIL COVER SHEET
JS-44 (Rev. 6/17 DC)

I. (a) PLAINTIFFS

DEFENDANTS

Citizens for Responsibility and Ethics in Washington
Noah Bookbinder

Federal Election Commission

11001

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________
(IN U.S. PLAINTIFF CASES ONLY)

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

Stuart McPhail and Adam J. Rappaport
Citizens for Responsibility and Ethics in Washington
455 Massachusetts Ave., N.W., Washington, DC 20001
Phone: (202) 408-5565, smcphail@citizensforethics.org
II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR

(PLACE AN x IN ONE BOX ONLY)

o
o

1 U.S. Government
Plaintiff

o

2 U.S. Government
Defendant

o

3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of
Parties in item III)

PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
PTF
DFT

Citizen of this State
Citizen of Another State
Citizen or Subject of a
Foreign Country

o1 o1
o2 o2
o3 o3

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
of Business in Another State
Foreign Nation

PTF

DFT

o4 o4
o5 o5
o6 o6

IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)

o

A. Antitrust
410 Antitrust

o

o

o

B. Personal Injury/
Malpractice
310 Airplane
315 Airplane Product Liability
320 Assault, Libel & Slander
330 Federal Employers Liability
340 Marine
345 Marine Product Liability
350 Motor Vehicle
355 Motor Vehicle Product Liability
360 Other Personal Injury
362 Medical Malpractice
365 Product Liability
367 Health Care/Pharmaceutical
Personal Injury Product Liability
368 Asbestos Product Liability

E. General Civil (Other)

Real Property
210 Land Condemnation
220 Foreclosure
230 Rent, Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
Personal Property
370 Other Fraud
371 Truth in Lending
380 Other Personal Property
Damage
385 Property Damage
Product Liability

C. Administrative Agency
Review
151 Medicare Act

Social Security
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
Other Statutes
891 Agricultural Acts
893 Environmental Matters
890 Other Statutory Actions (If
Administrative Agency is
Involved)

OR
Bankruptcy
422 Appeal 27 USC 158
423 Withdrawal 28 USC 157
Prisoner Petitions
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Conditions
560 Civil Detainee – Conditions
of Confinement
Property Rights
820 Copyrights
830 Patent
835 Patent – Abbreviated New
Drug Application
840 Trademark

o

o

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature of suit from any category
may be selected for this category of
case assignment.
*(If Antitrust, then A governs)*

F. Pro Se General Civil
Federal Tax Suits
870 Taxes (US plaintiff or
defendant)
871 IRS-Third Party 26 USC
7609
Forfeiture/Penalty
625 Drug Related Seizure of
Property 21 USC 881
690 Other
Other Statutes
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
430 Banks & Banking
450 Commerce/ICC
Rates/etc.
460 Deportation

462 Naturalization
Application
465 Other Immigration
Actions
470 Racketeer Influenced
& Corrupt Organization
480 Consumer Credit
490 Cable/Satellite TV
850 Securities/Commodities/
Exchange
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes
890 Other Statutory Actions
(if not administrative agency
review or Privacy Act)

 Case 1:18-cv-01059-TNM Document 1-2 Filed 05/04/18 Page 2 of 2

o

G. Habeas Corpus/
2255

o

K. Labor/ERISA
(non-employment)
710 Fair Labor Standards Act
720 Labor/Mgmt. Relations
740 Labor Railway Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc. Security Act

*(If pro se, select this deck)*

*(If pro se, select this deck)*

o

o

L. Other Civil Rights
(non-employment)
441 Voting (if not Voting Rights
Act)
443 Housing/Accommodations
440 Other Civil Rights
445 Americans w/Disabilities –
Employment
446 Americans w/Disabilities –
Other
448 Education

o

I. FOIA/Privacy Act
895 Freedom of Information Act
890 Other Statutory Actions
(if Privacy Act)

442 Civil Rights – Employment
(criteria: race, gender/sex,
national origin,
discrimination, disability, age,
religion, retaliation)

530 Habeas Corpus – General
510 Motion/Vacate Sentence
463 Habeas Corpus – Alien
Detainee

o

o

H. Employment
Discrimination

152 Recovery of Defaulted
Student Loan
(excluding veterans)

o

M. Contract
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholder’s Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise

J. Student Loan

N. Three-Judge
Court
441 Civil Rights – Voting
(if Voting Rights Act)

V. ORIGIN

o 1 Original o 2 Removed o 3 Remanded
Proceeding

from State
Court

from Appellate
Court

o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to
or Reopened

from another
district (specify)

Litigation

District Judge
from Mag.
Judge

o 8 Multi-district
Litigation –
Direct File

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

52 USC 30109; Action for injunction and declaratory relief for failure to act on administrative complaint.
VII. REQUESTED IN
COMPLAINT

CHECK IF THIS IS A CLASS
ACTION UNDER F.R.C.P. 23

DEMAND $ 0
JURY DEMAND:

Check YES only if demanded in complaint

VIII. RELATED CASE(S)
IF ANY

(See instruction)

YES

If yes, please complete related case form

5/4/18
DATE: _________________________

NO

YES

NO

✘

/s/ Stuart McPhail
SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44
Authority for Civil Cover Sheet

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the
Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I.

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.

III.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.

IV.

CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.

VI.

CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII.

RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk’s Office.

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.

 Case 1:18-cv-01059-TNM Document 1-3 Filed 05/04/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
Citizens for Responsibility and Ethics in Washington
and Noah Bookbinder

Plaintiff(s)

v.
Federal Election Commission

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:18-cv-1059

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Federal Election Commission
1050 First St., NE
Washington, DC 20463

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Stuart McPhail
Citizens for Responsibility and Ethics in Washington
455 Massachusetts Ave. N.W.
Washington, D.C. 20001

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:18-cv-01059-TNM Document 1-3 Filed 05/04/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-1059
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

.

 Case 1:18-cv-01059-TNM Document 1-4 Filed 05/04/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
Citizens for Responsibility and Ethics in Washington
and Noah Bookbinder

Plaintiff(s)

v.
Federal Election Commission

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:18-cv-1059

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Jeff Sessions
U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Stuart McPhail
Citizens for Responsibility and Ethics in Washington
455 Massachusetts Ave. N.W.
Washington, D.C. 20001

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:18-cv-01059-TNM Document 1-4 Filed 05/04/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-1059
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

.

 Case 1:18-cv-01059-TNM Document 1-5 Filed 05/04/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
Citizens for Responsibility and Ethics in Washington
and Noah Bookbinder

Plaintiff(s)

v.
Federal Election Commission

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:18-cv-1059

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Jessie K. Liu
U.S. Attorney for the District of Columbia
555 4th Street, NW
Washington, DC 20530

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Stuart McPhail
Citizens for Responsibility and Ethics in Washington
455 Massachusetts Ave. N.W.
Washington, D.C. 20001

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:18-cv-01059-TNM Document 1-5 Filed 05/04/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-1059
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

.