MUR #6275

RESPONDENTS: Massa for Congress; Massa, Beverly; Massa, Eric JJ; Racalto, Joseph Angelo

COMPLAINANTS: Boehm, Kenneth F.; National Legal and Policy Center

SUBJECT: Personal use; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 6275: 1. Take no further action as to Massa for Congress and Beverly Massa in her official capacity as treasurer, concerning the alleged violation of 52 U.S.C. § 30104 (formerly 2 U.S.C. § 434(b)). 2. Dismiss the allegation that Massa for Congress and Beverly Massa, in her official capacity as treasurer, or Eric Massa violated 52 U.S.C. § 30114(b) (formerly 2 U.S.C. § 439a(b)). 3. Dismiss the allegation that Joseph Racalto violated 52 U.S.C. § 30114(b) (formerly 2 U.S.C. § 439a(b)). 4. Approve the factual and legal analyses, as recommended in the Second General Counsel's Report dated September 23, 2014 subject to the edits last circulated via email by the office of Chairman Goodman. 5. Approve the appropriate letters. 6. Close the file.
The Commission decided by a vote of 5-0 to take the following actions in MUR 6275: 1. Find reason to believe that Massa for Congress and Beverly Massa, in her official capacity as treasurer, violated 2 U.S.C. § 434(b) by failing to report debts and obligations in connection with the $40,000 payment to Joseph Racalto. 2. Take no action at this time with respect to the allegation that Massa for Congress and Beverly Massa, in her official capacity as treasurer, and Eric Massa violated 2 U.S.C. § 439a(b) in connection with the $40,000 payment to Joseph Racalto. 3. Take no action at this time with respect to Joseph Racalto. 4. Authorize the use of compulsory process in this matter, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary. 5. Approve the Factual and Legal Analysis, as recommended in the General Counsel's Memorandum dated December 14, 2010. 6. Approve the appropriate letter.
The Commission failed by a vote of 3-3 to take the following actions in the above-captioned matter: 1.Find reason to believe that Massa for Congress and Beverly Massa, in her official capacity as treasurer, violated 2 U.S.C. § 434(b) by failing to report debts and obligations in connection with the $40,000 payment to Joseph Racalto. 2.Take no action at this time as to with respect to the allegation that Massa for Congress and Beverly Massa, in her official capacity as treasurer, and Eric Massa violated 2 U.S.C. § 439a(b) in connection with the $40,000 payment to Joseph Racalto. 3. Find reason to believe that Massa for Congress and Beverly Massa, in her official capacity as treasurer, and Eric Massa violated 2 U.S.C. § 439a(b) in connection with the $31,896.42 payment to GMAC. 4.Take no action at this time with respect to Joseph Racalto. 5.Authorize the use of compulsory process in this matter, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary. 6.Approve the Factual and Legal Analysis, as recommended in the First General Counsel's Report dated September 27, 2010. 7.Approve the appropriate letter.