MUR #6498

RESPONDENTS: Lynch for Congress; Lynch, Edward

COMPLAINANT:

SUBJECT: Knowing and Willful; Personal use; Reporting

DISPOSITION: The Commission failed by a vote of 3-3 to a. Authorize the Office of the General Counsel to file civil suit for relief in the United States District Court against Edward J. Lynch and Lynch for Congress and Edward J. Lynch in his official capacity as treasurer for both the personal use and the reporting violations. b. Approve the appropriate letter.
The Commission decided by a vote of 6-0 to: a. Authorize the Office of General Counsel to commence civil enforcement action in the appropriate U.S. District Court against Edward J. Lynch, the Edward Lynch for Congress committee, and Edward Lynch in his official capacity as treasurer of the Edward Lynch committee for violations of the personal use restrictions of the Act. b. Based on that alleged violation, seek relief in the form of declaratory relief, injunctive relief, and appropriate or applicable statutory penalty as to Edward Lynch in his personal capacity for personal use and a disgorgement by Mr. Lynch in his personal capacity of the amount of personal use still within the statute of limitations and an applicable statutory penalty against the committee and the treasurer in his official capacity for the personal use. c. Further relief shall include a request for costs and any other relief to which the Commission may be granted.
The Commission failed by a vote of 3-3 to: a. Find probable cause to believe that Edward J. Lynch knowingly and willfully violated 52 U.S.C. § 30114(b) and that Lynch for Congress and Edward J. Lynch in his official capacity as treasurer knowingly and willfully violated 52 U.S.C. §§ 30104(b) and 30114(b). b. Approve the joint conciliation agreement as recommended in the Memorandum from the Office of General Counsel dated September 2, 2015 with a proposed civil penalty of $34,000 to account for knowing and willful personal use of campaign funds and false reporting. c. Send the appropriate letter. s
The Commission failed by a vote of 3-3 to: a. Find probable cause to believe that Edward J. Lynch knowingly and willfully violated 52 U.S.C. § 30114(b) and that Lynch for Congress and Edward J. Lynch in his official capacity as treasurer knowingly and willfully violated 52 U.S.C. §§ 30104(b) and 30114(b). b. Approve the joint conciliation agreement as recommended in the Memorandum from the Office of General Counsel dated September 2, 2015 . . . REDACTED . . . c. Send the appropriate letter.
The Commission decided by a vote of 6-0 to: a. Find probable cause to believe that Edward J. Lynch violated 52 U.S.C. § 30114(b) and that Lynch for Congress and Edward J. Lynch in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30114(b). b. Authorize the Office of General Counsel to draft a conciliation agreement that is consistent with the non-knowing and willful finding and propose an out-the-door penalty of . . .REDACTED . . . c. Approve the appropriate letters.
The Commission failed by a vote of 3-3 to: a. Enter into conciliation, prior to a finding of probable cause to believe, with Edward J. Lynch and Lynch for Congress and Edward J. Lynch in his official capacity as treasurer. b. Approve the Conciliation Agreement as recommended in the Second General Counsel's Report dated July 31, 2014, as modified . . . REDACTED . . .
The Commission decided by a vote of 6-0 to: a. Enter into conciliation prior to finding probable cause to believe, with Edward J. Lynch and Lynch for Congress and Edward J. Lynch in his official capacity as treasurer. b. Approve the Conciliation Agreement as recommended in the Second General Counsel's Report dated July 31, 2014. c. Approve the appropriate letters..
The Commission decided by a vote of 6-0 to approve the Subpoena to Edward J. Lynch, Sr. to appear for deposition, submit written answers, and produce documents, as recommended in the General Counsel's Memorandum dated January 18, 2013.
The Commission decided by a vote of 6-0 to approve the Subpoenas to Produce Written Documents and Orders to Submit Written Answers directed to SunTrust Bank, as recommended in the General Counsel's Memorandum dated March 9, 2012.
The Commission decided by 5-1 to direct the Secretary to amend the certification dated September 8, 2011, to record Commissioner McGahn's vote as an approval.
The Commission decided by a vote of 6-0 to take the following actions in RAD Referral 10L-04: 1. Open a MUR. 2. Find reason to believe that Edward J. Lynch, in his personal capacity knowingly and willfully violated 2 U.S.C. § 439a(b). 3. Find reason to believe that Lynch for Congress and Edward J. Lynch, in his official capacity as treasurer, knowingly and willfully violated 2 U.S.C. §§ 434(b) and 439a(b). 4. Approve the Factual and Legal Analysis, as recommended in the First General Counsel's Report dated August 26, 2011. 5. Authorize the use of compulsory process in this matter, including the issuance of interrogatories, document subpoenas, and depositionsubpoenas. 6. Approve the appropriate letters.