MUR #6920

RESPONDENTS: American Conservative Union; Government Integrity, LLC; Now or Never PAC; Thomas, James C.

COMPLAINANTS: Citizens for Responsibility and Ethics in Washington; Weismann, Anne L.

SUBJECT: Contributions; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions: 1. Accept the conciliation agreement dated October 23, 2017, with American Conservative Union; Government Integrity, LLC; James C. Thomas, III; and Now or Never PAC and James C. Thomas, III in his official capacity as treasurer. 2. Approve the appropriate letter. 3. Close the file.
The Commission failed by a vote of 2-3 to: a. Find probable cause to believe that American Conservative Union violated 52 § U.S.C. 30122 and 11 C.F.R. § 110.4(b)(1)(ii). b. Approve the conciliation agreement with American Conservative Union, as recommended in the Memorandum from the Acting General Counsel dated September 15, 2017. c. Approve the appropriate letter. d. Find reason to believe that . . . REDACTED . . . and . . . REDACTED . . . as trustee, violated 52 U.S.C. § 30122 by making a contribution in the name of another or by assisting in the making of a contribution in the name of another. e. Authorize the Office of the General Counsel to file a subpoena enforcement suit in United States District Court against . . . REDACTED . . . and . . . REDACTED . . . as trustee. f. Approve the Factual and Legal Analysis as recommended in the Third General Counsel’s dated September 15, 2017, as amended at the Table. g. Approve the appropriate letters. h. Approve the use of compulsory process as necessary. i. Deny Keller’s motion to quash. j. Approve the appropriate letter. k. Grant the Office of General Counsel authority to file suit to enforce the subpoenas to submit written answers and appear for a deposition directed to Gregg Keller if Keller fails to sit for a deposition within 7 days of receiving notice of the Commission’s ruling on his motion to quash and the Office of General Counsel deems it necessary to seek enforcement. l. Approve a global conciliation effort based on the draft conciliation circulated by the Office General Counsel on September 19, 2017.
The Commission decided by a vote of 5-0 to: a. Find probable cause to believe that American Conservative Union violated 52 § U.S.C. 30122 and 11 C.F.R. § 110.4(b)(1)(ii). b. Authorize the Office General Counsel to pursue conciliation during the required 30-day period, subject to the edited global conciliation agreement. c. If it is the decision of the Office of General Counsel to issue a probable cause brief to Government Integrity, LLC, pursuant to 52 U.S.C. § 30109(a)(3), that it do so forthwith. d. Authorize the Office of General Counsel to engage in pre-probable cause conciliation with Government Integrity, LLC, subject to the edited global conciliation agreement. e. If it is the decision of the Office of General Counsel to issue a probable cause brief to Now or Never PAC, pursuant to 52 U.S.C. § 30109(a)(3), that it do so forthwith. f. Authorize the Office of General Counsel to engage in pre-probable cause conciliation with Now or Never PAC, subject to the edited global conciliation agreement. g. If it is the decision of the Office of General Counsel to issue a probable cause brief to James C. Thomas, III, pursuant to 52 U.S.C. § 30109(a)(3), that it do so forthwith. h. Authorize the Office of General Counsel to engage in pre-probable cause conciliation with James C. Thomas, III, subject to the edited global conciliation agreement. i. Approve the conciliation agreement with American Conservative Union, as recommended in the Memorandum from the Acting General Counsel dated September 15, 2017, . . . . REDACTED . . . . j. Deny Mr. Keller’s motion to quash the subpoena. k. Take no action at this time on the remaining recommendations of the Office of General Counsel. l . . . . REDACTED . . . .
The Commission decided by a vote of 5-0 to approve the deposition subpoena for Gregg Keller to obtain information about his communications and agreements regarding the funds ACU received from GI LLC, and the funds ACU sent to Now or Never PAC, on October 31, 2012, as recommended in the Memorandum from the Acting General Counsel dated August 28, 2017.
The Commission decided by a vote of 5-0 to approve the Subpoenas to Produce Documents and Orders to Submit Written Answers for . . . REDACTED . . . Axiom Strategies, and Jeff Roe, as recommended in the Memorandum from the Acting General Counsel dated August 4, 2017.
The Commission decided by a vote of 5-0: a. Find reason to believe that Government Integrity LLC violated 52 U.S.C. § 30122 by making a contribution in the name of another. b. Approve the Factual and Legal Analyses as recommended in the Second General Counsel’s Report dated July 5, 2017, . . . . REDACTED . . . . c. Approve the appropriate letters.
The Commission decided by a vote of 5-0 to: a. Substitute the name Government Integrity LLC in the place of “Unknown Respondent” in the Commission’s previous findings that Unknown Respondent violated 52 U.S.C. § 30122 by making a contribution in the name of another. b. Find reason to believe that James C. Thomas, III knowingly and willfully violated 52 U.S.C. § 30122 by knowingly helping or assisting in the making of a contribution in the name of another. c. Find reason to believe that Now or Never PAC and James C. Thomas, III in his official capacity as treasurer knowingly and willfully violated 52 U.S.C. § 30122 and 52 U.S.C. § 30104(b)(3)(A) by accepting a contribution in the name of another and failing to properly report that contribution. d. Find reason to believe that James C. Thomas, III in his personal capacity knowingly and willfully violated 52 U.S.C. § 30122 and 52 U.S.C. § 30104(b)(3)(A) by accepting a contribution in the name of another and failing to properly report that contribution. e. Approve the portions of the Factual and Legal Analyses that pertain to items 1(a)-(d) as recommended in the Second General Counsel’s Report dated July 5, 2017. f. Approve the Subpoenas to Produce Documents and Orders to Submit Written Answers to James C. Thomas, III, American Conservative Union, and Gregg Keller.
The Commission failed by a vote of 2-2 to: a. Find reason to believe that Government Integrity LLC knowingly and willfully violated 52 U.S.C. § 30122 by making a contribution in the name of another. b. Approve the portions of the Factual and Legal Analyses that pertain to item 2(a) as recommended in the Second General Counsel’s Report dated July 5, 2017.
The Commission decided by a vote of 6-0 to: 1. Find reason to believe that American Conservative Union violated 52 U.S.C. § 30122. 2. Find reason to believe that Unknown Respondent violated 52 U.S.C. § 30122. 3. Take no action at this time as to Now or Never PAC and James C. Thomas III in his official capacity as treasurer. 4. Approve the Factual and Legal Analysis as circulated by the Office of General Counsel on December 7, 2016 at 2:21 P.M. and amended by the Office of Commissioner Goodman on January 23, 2017 at 9:08 P.M. 5. Approve the use of compulsory process as necessary. 6. Approve the appropriate letters.
The Commission failed by a vote of 3-3 to: a. Find reason to believe that American Conservative Union violated 52 U.S.C. § 30122. b. Find reason to believe that Unknown Respondent violated 52 U.S.C. § 30122. c. Take no action at this time as to Now or Never PAC and James C. Thomas III in his official capacity as treasurer. d. Approve the Factual and Legal Analysis as recommended in the First General Counsel’s Report dated January 20, 2016 and as edited by Commissioner Goodman’s Office on November 10, 2016 at 11:16 P.M. e. Approve the use of compulsory process as necessary. f. Approve the appropriate letters.
The Commission failed by a vote of 3-0 to: a. Find reason to believe that American Conservative Union violated 52 U.S.C. § 30122. b. Find reason to believe that Unknown Respondents violated 52 U.S.C. § 30122. c. Take no action at this time as to Now or Never PAC and James C. Thomas III in his official capacity as treasurer. d. Approve the use of compulsory process as necessary.