MUR #6783

RESPONDENTS: Indian Americans for Freedom NFPC; Goel, Manju; Goel, Rajeev K.; Kumar, Shalabh; Manju for Congress Committee

COMPLAINANT: Pierce, Scott

SUBJECT: Contributions-Prohibited; Contributions-Limitations; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MURs 6783 and 6791: Accept the conciliation agreement with Indian Americans for Freedom, NFPC, as recommended in the Memorandum to the Commission dated February 10, 2017. Close the files in MURs 6783 and 6791. Send the appropriate letters.
The Commission decided by a vote of 6-0 to: Dismiss the allegation with respect to the provision, receipt, and reporting of legal services.
The Commission decided by a vote of 6-0 to: a. Approve both the Factual and Legal Analysis for Manju for Congress, Inc. and Rajeev Goel in his official capacity as treasurer and the Factual and Legal Analysis for Indian Americans for Freedom and Shalabh Kumar subject to the edits last circulated by Chairman Petersen’s Office on Monday, April 25, 2016 at 3:09 P.M. with the addition of a revision to the Manju for Congress Factual and Legal Analysis as follows:Page 6, line 1 should be amended to add the words “and reporting” after the word “receipt” so the sentence reads “and dismiss the allegation with respect to the receipt and reporting of legal services.” b. Authorize technical and conforming edits.
The Commission decided by a vote of 6-0 to reconsider the no reason to believe finding with respect to the receipt of legal services.
The Commission decided by a vote of 6-0 to approve the proposed conciliation agreement with Indian Americans for Freedom, NFPC, as recommended in the Memorandum from the Acting Associate General Counsel for Enforcement dated December 3, 2015.
The Commission failed by a vote of 3-3 to: MUR 6783 a. Find reason to believe that Indian Americans for Freedom, NFPC, violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc. as a result of republishing campaign materials. b. Find reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer or Manju Goel violated 52 U.S.C. §§ 30116(f) or 30118(a) (formerly 2 U.S.C. §§ 441a(f) and 441b(a)) by knowingly accepting excessive or prohibited in-kind contributions in the form of coordinated mailings. c. Find reason to believe that Manju Goel for Congress, Inc., and Rajeev Goel in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) (formerly 2 U.S.C. § 434(b)) by failing to report in-kind contributions in the form of coordinated mailings. d. Find no reason to believe that Indian Americans for Freedom, NFPC, or Shalabh Kumar violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc., in the form of office space and payments of staff and contractor salaries, bus travel, or legal services. e. Find no reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer violated 52 U.S.C. §§ 30116(f), 30118(a) or § 30104(b) (formerly 2 U.S.C. §§ 441a(f), 441b(a), and 434(b)) by accepting and failing to report excessive or prohibited in-kind contributions in the form of office space and payments of staff salaries and contractor salaries, bus travel, or legal services. f. Direct the Office of General Counsel to draft an appropriate Factual and Legal Analysis. g. Direct the Office of General Counsel to also investigate potential coordination allegations. h. Authorize the use of compulsory process, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary. i. Approve the appropriate letters. MUR 6791 a. Dismiss with caution the allegation that Indian Americans for Freedom, NFPC, violated 52 U.S.C. § 30104(g)(2) (formerly 2 U.S.C. § 434(g)(2)). b. Find reason to believe that Indian Americans for Freedom, NFPC, violated 52 U.S.C. § 30120(c) (formerly 2 U.S.C. § 441d(c)) and 11 C.F.R. § 110.11(c) by failing to include adequate disclaimers on some of its mailings.
The Commission decided by a vote of 6-0 in mur 6783 to: a. Find reason to believe that Indian Americans for Freedom, NFPC, violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc. as a result of republishing campaign materials. b. Find no reason to believe that Indian Americans for Freedom, NFPC, or Shalabh Kumar violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc., in the form of office space and payments of staff and contractor salaries, bus travel, or legal services. c. Find no reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer violated 52 U.S.C. §§ 30116(f), 30118(a) or § 30104(b) (formerly 2 U.S.C. §§ 441a(f), 441b(a), and 434(b)) by accepting and failing to report excessive or prohibited in-kind contributions in the form of office space and payments of staff salaries and contractor salaries, bus travel, or legal services. d. Approve the Factual and Legal Analyses as recommended in the First General Counsel’s Report dated November 5, 2014, as modified by only addressing the mailer “Where’s Larry?”. e. Enter into pre-probable cause conciliation with an out-the-door offer of a statutory penalty with a pre-probable cause discount. f. Approve the appropriate letters.
The Commission failed by a vote of 3-3 in mur 6783 and 6791 to: a. Find reason to believe that Indian Americans for Freedom, NFPC, violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc. as a result of republishing campaign materials. b. Find no reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer or Manju Goel violated 52 U.S.C. §§ 30116(f) or 30118(a) (formerly 2 U.S.C. §§ 441a(f) and 441b(a)) by knowingly accepting excessive or prohibited in-kind contributions in the form of coordinated mailings. c. Find no reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) (formerly 2 U.S.C. § 434(b)) by failing to report in-kind contributions in the form of coordinated mailings. d. Find no reason to believe that Indian Americans for Freedom, NFPC, or Shalabh Kumar violated 52 U.S.C. §§ 30116(a)(1)(A) or 30118(a) (formerly 2 U.S.C. §§ 441a(a)(1)(A) and 441b(a)) by making excessive or prohibited in-kind contributions to Manju for Congress, Inc., in the form of office space and payments of staff and contractor salaries, bus travel, or legal services. e. Find no reason to believe that Manju for Congress, Inc., and Rajeev Goel in his official capacity as treasurer violated 52 U.S.C. §§ 30116(f), 30118(a) or § 30104(b) (formerly 2 U.S.C. §§ 441a(f), 441b(a), and 434(b)) by accepting and failing to report excessive or prohibited in-kind contributions in the form of office space and payments of staff salaries and contractor salaries, bus travel, or legal services. f. Approve the Factual and Legal Analyses as recommended in the First General Counsel’s Report dated November 5, 2014, as modified by only addressing the mailer “Where’s Larry?”. g. Enter into pre-probable cause conciliation with an out-the-door offer of a statutory penalty with a pre-probable cause discount. h. Approve the appropriate letters.