MUR #7122

RESPONDENTS: Right to Rise USA; American Pacific International Capital, Inc.; Chen aka Serena Tang, Huaidan; Chen, Wilson; Spies, Charles "Charlie" R.; Tang, Gordon

COMPLAINANTS: Campaign Legal Center; Herbert, J Gerald

SUBJECT: Foreign Nationals

DISPOSITION: The Commission decided by a vote of 4-0 to take the following actions in MUR 7122: 1. Accept the conciliation agreement with Right to Rise USA and Charles Spies, in his official capacity as treasurer, as recommended in the Memorandum from the Acting General Counsel dated February 15, 2019. 2. Approve the appropriate letters. 3. Close the file.
The Commission decided by a vote of 4-0 to: 1. Accept the conciliation agreement with American Pacific International Capital, Inc. (“APIC”), Gordon Tang, Huaidan Chen, and Wilson Chen, as recommended in the Memorandum to the Commission dated December 4, 2018. 2. Close the file as to American Pacific International Capital, Inc. (“APIC”), Gordon Tang, Huaidan Chen, and Wilson Chen. 3. Approve the appropriate letter.
The Commission failed by a vote of 2-2 to: a. Find reason to believe that Right to Rise USA and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2). b. Enter into pre-probable cause conciliation with Right to Rise USA and Charles R. Spies in his official capacity as treasurer prior to a finding of probable cause to believe. c. Approve the Factual and Legal Analysis, as recommended in the General Counsel’s Report #2 dated July 3, 2018. d. Approve the Office of General Counsel’s proposed Conciliation Agreement with Right to Rise, as recommended in the General Counsel’s Report #2 dated July 3, 2018. e. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to: a. Find reason to believe that Right to Rise USA and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2) and 11 C.F.R. § 110.20(g). b. Enter into pre-probable cause conciliation with Right to Rise USA and Charles R. Spies in his official capacity as treasurer prior to a finding of probable cause to believe. c. Approve the Factual and Legal Analysis, as recommended in the General Counsel’s Report #2 dated July 3, 2018 and last circulated by Vice Chair Weintraub’s Office at 11:53 a.m. on October 11, 2018. d. Approve the Office of General Counsel’s proposed Conciliation Agreement with Right to Rise, as recommended in the General Counsel’s Report #2 dated July 3, 2018, ... REDACTED .... e. Approve the appropriate letters.
The Commission failed by a vote of 2-2 to: a. Find reason to believe that Right to Rise USA and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2). b. Enter into pre-probable cause conciliation with Right to Rise USA and Charles R. Spies in his official capacity as treasurer prior to a finding of probable cause to believe. c. Approve the Factual and Legal Analysis, as recommended in the General Counsel’s Report #2 dated July 3, 2018. d. Approve the proposed Conciliation Agreement with Right to Rise, as recommended in the General Counsel’s Report #2 dated July 3, 2018; ... REDACTED .... e. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to: a. Approve the conciliation agreements proposed by the Office of General Counsel pertaining to American Pacific International Capital, Inc., Huaidan Chen, Gordan Tang, and Wilson Chen. b. Send the appropriate letters.
The Commission decided by a vote of 4-0 to: Instruct the Office of General Counsel to draft a letter consistent with the discussion at the table, that it be circulated to the Commission at the earliest possible time, and that the Commission have consensus that it be sent out to Right to Rise USA and Charles R. Spies in his official capacity as treasurer.
The Commission failed by a vote of 2-2 to: Send a notification letter, analogous to the letter that will be sent to Right to Right USA, notifying Charles R. Spies that he could be at risk of personal liability.
The Commission failed by a vote of 2-2 to: Approve the proposed conciliation agreement with respect to American Pacific International Capital, Inc., Huaidan Chen, Gordan Tang, ... REDACTED ...
The Commission failed by a vote of 1-0 to: 1. Find reason to believe that Right to Rise USA and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2).
The Commission decided by a vote of 4-0 to: 1. Enter into pre-probable cause conciliation with American Pacific International Capital, Inc., Huaidan Chen, Gordan Tang, and Wilson Chen prior to a finding of probable cause to believe.
The Commission decided by a vote of 4-0 to: 1. Reconsider the first motion.
The Commission failed by a vote of 1-0 to: a. Find reason to believe that Right to Rise USA and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2). b. Enter into pre-probable cause conciliation with Right to Rise USA and Charles R. Spies in his official capacity as treasurer prior to a finding of probable cause to believe. c. Approve the Factual and Legal Analysis, as recommended in the General Counsel’s Report #2 dated July 3, 2018. d. Approve the proposed conciliation agreement with respect to Right to Rise USA, as recommended in the General Counsel’s Report #2 dated July 3, 2018, ... REDACTED .... e. Approve the appropriate letters.
The Commission decided by a vote of 5-0 to: a. Find reason to believe that American Pacific International Capital, Inc., violated 52 U.S.C. § 30121(a)(1)(A). b. Find reason to believe that Gordon Tang and Huaidan Chen violated 52 U.S.C. § 30121(a)(1)(A). c. Find reason to believe that Wilson Chen violated 52 U.S.C. § 30121(a)(1)(A). d. Take no action at this time as to Right to Rise USA and Charles R. Spies in his official capacity as treasurer. e. Authorize the use of compulsory process, as necessary. f. Approve the appropriate letters.
The Commission decided by a vote of 4-1 to: a. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated December 21, 2016, subject to the edits made by Commissioner Hunter’s office on March 28, 2017 at 3:14 p.m. ... REDACTED ....
The Commission failed by a vote of 2-3 to: a. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated December 21, 2016, subject to the edits circulated on behalf of Commissioner Weintraub and former Commissioner Ravel on January 23, 2017 at 6:33 p.m.
The Commission failed by a vote of 3-2 to take the following actions in MUR 7122: 1. Find reason to believe that American Pacific International Capital, Inc., violated 52 U.S.C. § 30121(a)(1)(A). 2. Find reason to believe that Gordon Tang and Huaidan Chen violated 52 U.S.C. § 30121(a)(1)(A). 3. Find reason to believe that Wilson Chen violated 52 U.S.C. § 30121(a)(1)(A). 4. Take no action at this time as to Right to Rise USA and Charles R. Spies in his official capacity as treasurer. 5. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated December 21, 2016. 6. Authorize the use of compulsory process, as necessary. 7. Approve the appropriate letters.