MUR #6566

RESPONDENTS: LISA WILSON-FOLEY FOR CONGRESS; Apple Health Care, Inc; Foley, Brian; Rowland, John; Wilson-Foley, Lisa

COMPLAINANT: Clark, Mike

SUBJECT: Contributions; Reporting

DISPOSITION: The Commission decided by a vote of 4-1 to take the following actions in MUR 6566: 1. Accept the signed conciliation agreement with Brian Foley, as recommended in the Fourth General Counsel’s Report dated July 11, 2017. 2. Accept the signed conciliation agreement with Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer, as recommended in the Fourth General Counsel’s Report dated July 11, 2017. 3. Take no further action as to Lisa Wilson-Foley. 4. Find no reason to believe that Apple Health Care, Inc. violated 52 U.S.C. § 30118(a). 5. Find no reason to believe that John Rowland violated 52 U.S.C. § 30118(a). 6. Approve the Factual and Legal Analyses, as recommended in the Fourth General Counsel’s Report dated July 11, 2017. 7. Approve the appropriate letters. 8. Close the file.
The Commission failed by a vote of 3-3 to: a. Find reason to believe Brian Foley knowingly and willfully violated 52 U.S.C. §§ 30116(a) and 30122 by making contributions in the names of four individuals. b. Find reason to believe Brian Foley violated 52 U.S.C. § 30116(a) by contributing $500,000 to Lisa Wilson-Foley for Congress. c. Find reason to believe Lisa Wilson-Foley violated 52 U.S.C. § 30116(f). d. Find reason to believe Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(f). e. Enter into conciliation with Brian Foley, Lisa Wilson-Foley, Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer prior to a finding of probable cause to believe. f. Approve the Conciliation Agreements, as recommended in the Third General Counsel’s Report dated April 12, 2016. g. Approve the Factual and Legal Analyses, as recommended in the Third General Counsel’s Report dated April 12, 2016, subject to the edits circulated by Commissioner Goodman’s Office on May 23, 2016 at 5:33 p.m. and authorize the Office of General Counsel to make any technical and conforming edits. h. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to: a. Find reason to believe Brian Foley knowingly and willfully violated 52 U.S.C. §§ 30116(a) and 30122 by making contributions in the names of four individuals. b. Find reason to believe Brian Foley violated 52 U.S.C. § 30116(a) by contributing $500,000 to Lisa Wilson-Foley for Congress. c. Find reason to believe Lisa Wilson-Foley violated 52 U.S.C. § 30116(f). d. Find reason to believe Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(f). e. Enter into conciliation with Brian Foley, Lisa Wilson-Foley, Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer prior to a finding of probable cause to believe. f. Approve the Conciliation Agreements, as recommended in the Third General Counsel’s Report dated April 12, 2016. g. Approve the Factual and Legal Analyses, as recommended in the Third General Counsel’s Report dated April 12, 2016 subject to the edits circulated by Commissioner Ravel’s Office on May 24, 2016 at 12:11 p.m. and as discussed at the table. h. Approve the appropriate letters.
The Commission failed by a vote of 3-3 to: a. Find reason to believe Brian Foley knowingly and willfully violated 52 U.S.C. §§ 30116(a) and 30122 by making contributions in the names of four individuals. b. Find reason to believe Brian Foley violated 52 U.S.C. § 30116(a) by contributing $500,000 to Lisa Wilson-Foley for Congress. c. Find reason to believe Lisa Wilson-Foley violated 52 U.S.C. § 30116(f). d. Find reason to believe Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(f). e. Enter into conciliation with Brian Foley, Lisa Wilson-Foley, Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer prior to a finding of probable cause to believe. f. Approve the Conciliation Agreements, as recommended in the Third General Counsel’s Report dated April 12, 2016. g. Approve the Factual and Legal Analyses, as recommended in the Third General Counsel’s Report dated April 12, 2016. h. Approve the appropriate letters.
The Commission decided by a vote of 5-1 to take the following actions: 1. Authorize the Office of General Counsel to add Brian Foley and Lisa Wilson-Foley as respondents in MUR 6566. 2. Provide Brian Foley and Lisa Wilson-Foley notice of the complaint and that Commission has discovered in the course of its investigation the additional potential violations of 52 U.S.C. §§ 30122, 30116, and 30118. 3. Authorize the Office of General Counsel to draft the appropriate notification letter.
The Commission decided by a vote of 6-0 to: 1. Find reason to believe that Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer knowingly and willfully violated 52 U.S.C. §§ 30116(f) and 30104(b) (formerly 2 U.S.C. §§ 441a(f) and 434(b)). 2. Approve the Factual and Legal Analysis for Lisa Wilson-Foley for Congress and Lisa Wilson-Foley in her official capacity as treasurer as recommended in the Second General Counsel’s Report dated April 16, 2015. 3. Take no action at this time as to Apple Health Care, Inc., or John Rowland. 4. Approve compulsory process, as necessary. 5. Approve the appropriate letter.
The Commission decided by a vote of 6-0 to continue to hold MUR 6566 in abeyance for six months from the date of certification, as recommended in the Memorandum from the Associate General Counsel for Enforcement and the Assistant General Counsel dated September 2, 2014.
Sever the complaint’s allegations in MUR 6604 that Apple Health Care, Inc. paid John Rowland for services Rowland provided to Lisa Wilson-Foley for Congress and merge those allegations into MUR 6566.
The Commission decided by a vote of 6-0 to hold MUR 6566 in abeyance for a period of 6 months at which time the Commission will then consider how to best proceed in this matter.
The Commission decided by a vote of 5-1 to: a. Find no reason to believe that CBS Radio Stations, Inc. (WTIC) or John Rowland violated 2 U.S.C. § 441b(a) with respect to the allegation that they made in-kind contributions to Lisa Wilson-Foley for Congress in connection with Rowland’s radio show. b. Find no reason to believe that Lisa Wilson-Foley for Congress and William M. Kolo in his official capacity as treasurer violated 2 U.S.C. §§ 441b(a) or 434(b) with respect to the allegation that they received an in-kind contribution from CBS Radio Stations, Inc. (WTIC) and John Rowland in connection with Rowland’s radio show. c. Approve the appropriate Factual and Legal Analyses as recommended in the First General Counsel’s Report dated December 12, 2013 subject to the edits circulated via email by the General Counsel’s Office on February 3, 2014. d. Approve the appropriate letters. e. Close the file.