MUR #7191
FREEDOM FOR ALL AMERICANS (F/K/A RAND PAUL FOR PRESIDENT, INC.)Summary
RESPONDENTS: Freedom for All Americans (f/k/a Rand Paul for President, Inc.); Broghamer, Kevin; Kilgore, Paul; Paul, Rand; REINVENTING A NEW DIRECTION POLITICAL ACTION COMMITTEE
COMPLAINANT: Lloyd, J. Russell
SUBJECT: Contributions-Excessive; Other; Reporting
DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 7191:
1. Accept the conciliation agreement, as recommended in the Memorandum to the
Commission dated June 3, 2021.
2. Approve the appropriate letter.
3. Close the file.
The Commission failed by a vote of 2-4 to:
a. Dismiss with caution the allegation that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30116(a)(2)(A) by making excessive in-kind contributions during the pre-candidacy period under 11 C.F.R. § 110.2(1).
b. Dismiss with caution the allegation that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30116(a)(2)(A) by making excessive in-kind contributions in the form of payments for testing-the-waters expenses.
c. Dismiss with caution the allegations that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30104(b) by failing to report making in-kind contributions.
d. Dismiss with caution the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30116(f) by accepting excessive in-kind contributions during the pre-candidacy period under 11 C.F.R. § 110.2(1).
e. Dismiss with caution the allegation that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a), 100.131(a) by accepting excessive in-kind contributions in the form of payments for testing-the-waters expenses.
f. Dismiss with caution the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. §§ 100.72(a), 100.131(a) by failing to report receipt of in-kind contributions.
g. Dismiss the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30103(a) and 30104, in connection with filing a timely Statement of Organization and related disclosure reports.
h. Dismiss the allegation that Rand Paul violated 52 U.S.C. § 30102(e)(1) by failing to file a timely Statement of Candidacy.
i. Dismiss with caution the allegations that Rand Paul violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a), 100.131(a) by accepting excessive in-kind contributions in the form of pre-candidacy payments under 11 C.F.R. § 110.2(1) and for testing-the-waters expenses.
j. Enter into pre-probable cause conciliation with Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer.
k. Approve the Conciliation Agreement, as recommended in the Second General Counsel’s Report dated March 16, 2021.
l. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to:
a. Dismiss the allegation that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30116(a)(2)(A) by making excessive in-kind contributions during the pre-candidacy period under 11 C.F.R.§ 110.2(1).
b. Dismiss the allegation that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30116(a)(2)(A) by making excessive in-kind contributions in the form of payments for testing-the-waters expenses.
c. Dismiss the allegations that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. § 30104(b) by failing to report making in-kind contributions.
d. Dismiss the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30116(f) by accepting excessive in-kind contributions during the pre-candidacy period under 11 C.F.R. § 110.2(1).
e. Dismiss the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a), 100.131(a) by accepting excessive in-kind contributions in the form of payments for testing-the-waters expenses.
f. Dismiss the allegations that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. §§ 100.72(a), 100.131(a) by failing to report receipt of in-kind contributions.
g. Dismiss the allegation that Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30103(a) and 30104, in connection with filing a timely Statement of Organization and related disclosure reports.
h. Dismiss the allegation that Rand Paul violated 52 U.S.C. § 30102(e)(1) by failing to file a timely Statement of Candidacy.
i. Dismiss the allegations that Rand Paul violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a), 100.131(a) by accepting excessive in-kind contributions in the form of pre-candidacy payments under 11 C.F.R. § 110.2(1) and for testing-the-waters expenses.
j. Enter into pre-probable cause conciliation with Freedom for All Americans (f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer.
k. Approve the Conciliation Agreement, as recommended in the Second General Counsel’s Report dated March 16, 2021.
l. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to approve the Subpoenas to Produce Documents and Orders to Submit Written Answers to Freedom for All Americans
(f/k/a Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer, Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer, and Senator Raul Paul and a
Deposition Subpoena directed to Douglass Stafford as Executive Director of Reinventing a New Direction Political Action Committee, as recommended in the
Memorandum from the Acting General Counsel dated August 7, 2019.
The Commission failed by a vote of 2-2 to:
a. Open a matter under review for RR 17L-49 and merge it into MUR 7191.
b. Find reason to believe that Rand Paul violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a) and 100.131(a).
c. Find reason to believe that Freedom for All Americans (formerly Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116(f) and 11 C.F.R. §§ 100.72(a), 100.131(a), and 102.9(e)(3).
d. Find reason to believe that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(a).
e. Find reason to believe with respect to the allegation that Rand Paul violated 52 U.S.C. § 30102(e)(1) and 11 C.F.R. § 101.1(a) and Freedom for All Americans (formerly Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30103(a) and 30104, in connection with filing a timely Statement of Candidacy, Statement of Organization, and filing disclosure reports.
f. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated June 18, 2018, . . . REDACTED . . . .
g. Authorize the use of compulsory process.
h. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to:
a. Open a matter under review for RR 17L-49 and merge it into MUR 7191.
b. Find reason to believe that Rand Paul and Freedom for All Americans (formerly Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. § 30116(f).
c. Find reason to believe that Freedom for All Americans (formerly Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 11 C.F.R. §§ 102.9(e)(3).
d. Find reason to believe that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(a).
e. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated June 18, 2018, as last circulated by the Office of General Counsel on April 24, 2019 at 4:16 p.m. and as amended at the table on April 25, 2019.
f. Authorize the use of compulsory process.
g. Approve the appropriate letters.
The Commission failed by a vote of 1-3 to:
Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated June 18, 2018, as last circulated by Vice Chairman Petersen’s Office on February 6, 2019 at 5:02 p.m . . . REDACTED . . . .
The Commission failed by a vote of 3-1 to:
a. Open a matter under review for RR 17L-49 and merge it into MUR 7191.
b. Find reason to believe that Rand Paul violated 52 U.S.C. § 30116(f) and 11 C.F.R. §§ 100.72(a) and 100.131(a).
c. Find reason to believe that Freedom for All Americans (formerly Rand Paul for President, Inc.) and Paul Kilgore in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116(f) and 11 C.F.R. §§ 100.72(a) and 100.131(a).
d. Find reason to believe that Reinventing a New Direction Political Action Committee and Kevin Broghamer in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b) and 30116(a).
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Conciliation-PPC | Freedom for All Americans (f/k/a Rand Paul for President, Inc.) |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 102.9(e)(3) |
|
Kilgore, Paul |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 102.9(e)(3) |
||
Dismissed-Other | REINVENTING A NEW DIRECTION POLITICAL ACTION COMMITTEE |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(a)(2)(A) |
|
Paul, Rand |
52
U.S.C.
§30102(e)(1)
52 U.S.C. §30116(f) 11 CFR 100.72(a) 11 CFR 100.131(a) |
||
Kilgore, Paul |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 102.9(e)(3) |
||
Broghamer, Kevin |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(a)(2)(A) |
||
Freedom for All Americans (f/k/a Rand Paul for President, Inc.) |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 102.9(e)(3) |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Freedom for All Americans (f/k/a Rand Paul for President, Inc.) |
Previous respondent | Broghamer, Kevin |
Kilgore, Paul | |
Paul, Rand | |
REINVENTING A NEW DIRECTION POLITICAL ACTION COMMITTEE | |
Complainant | Lloyd, J. Russell |
Respondent's counsel | Caplin & Drysdale, Chartered |
Sanderson, Matthew |