MUR #7464

RESPONDENTS: LZP, LLC; American Electric Power; Honor and Principles PAC; Independence and Freedom Network; Lisker, Lisa; McVeigh, Raymond; Ohio Works; Ryan, James G.

COMPLAINANTS: Citizens for Responsibility and Ethics in Washington; Bookbinder, Noah

SUBJECT: Committees-PAC; Contributions-In the name of another; Contributions-Corporations

DISPOSITION: The Commission decided by a vote of 6-0 to:Substitute the name Ohio Works in place of “Unknown Respondents” in the Commission’s previous findings that Unknown Respondents violated 52 U.S.C. § 30122.
The Commission decided by a vote of 6-0 to:a. Approve any additional appropriate letters.b. Close the file.
The Commission decided by a vote of 5-0 to:Direct the Office of General Counsel to provide improvident notification letters to ...REDACTED..., ...REDACTED...
The Commission failed by vote of 3-2 to:Direct the Office of General Counsel to redact identifying information concerning American Electric Power, wherever it may appear in the public version of the file.
The Commission decided by a vote of 5-0 to:Direct the Office of General Counsel to redact identifying information concerning donors to Ohio Works, including ...REDACTED...wherever they may appear in the public version of the file.
The Commission decided by a vote of 5-0 to:Find no reason to believe that American Electric Power violated 52 U.S.C. § 30122.
The Commission decided by a vote of 6-0 to:Find no probable cause to believe that Raymond McVeigh violated 52 U.S.C. § 30122.
The Commission failed by a vote of 3-3 to:Dismiss the allegations against Independence and Freedom Network, Inc. and LZP, LLC in an exercise of prosecutorial discretion.
The Commission failed by a vote of 3-3 to:Find probable cause to believe that Independence and Freedom Network, Inc., violated 52 U.S.C. § 30122 by making contributions in the name of another and LZP, LLC violated 52 U.S.C. § 30122 by knowingly allowing its name to be used in the making of contributions in the name of another, as recommended in the Memorandum to the Commission dated April 3, 2023.
The Commission failed by a vote of 1-5 to:Find probable cause to believe that Honor and Principles PAC and Lisa Lisker in her official capacity as treasurer violated 52 U.S.C. § 30122 by knowingly accepting contributions made in the name of another, as recommended in the Memorandum to the Commission dated April 3, 2023.
The Commission decided by a vote of 4-2 to:Find no probable cause to believe that Honor and Principles PAC and Lisa Lisker in her official capacity as treasurer violated 52 U.S.C. § 30122 by knowingly accepting contributions made in the name of another.
The Commission decided by a vote of 5-1 to take the following actions in MUR 7464:1. Deny the request for withheld documents.2. Deny the request for a list of withheld documents.3. Determine that in considering probable cause in MUR 7464, it will not consider factual assertions made in the probable cause brief that are based upon any withheld document or informal investigatory activity, to include any unsworn interview.4. Instruct the Office of General Counsel to inform respondents that the Commission has determined not to consider any factual assertion in the Office of General Counsel’s probable cause brief that is based upon a withheld document or informal investigatory activity, to include any unsworn interview.5. Instruct the Office of General Counsel to proceed accordingly in its future recommendations in this matter.
The Commission decided by a vote of 5-1 to approve Deposition Subpoenas to Raymond McVeigh and Lisa Lisker in her official capacity as treasurer of Honor Principles PAC, as recommended in the Memorandum to the Commission dated October 31, 2022.
The Commission decided by a vote of 5-1 to take the following actions:1. Reject Independence and Freedom Network, Inc., and LZP, LLC’s request to enter into pre-probable cause conciliation.2. Approve the appropriate letter.
The Commission decided by a vote of 6-0 to:a. Approve the Subpoena to Produce Documents and Order to Submit Written Answers to Independence and Freedom Network, Inc., as recommended in the Memorandum to the Commission dated January 10, 2022, and subject to the following amendments to the discovery documents:i. Amend #1 to read:“Identify the person that transferred $200,000 to the Independence and Freedom Network on March 28, 2018.a. Provide the name and contact information, including mail and email addresses and phone numbers, for that person.b. Provide unredacted copies of all documentation and communications relating to that provision of funds; and identify any other provisions of funds, and the date and amount of such provision or provisions, made by that person to the Independence and Freedom Network between March 1, 2018 and November 1, 2018.”ii. Amend #6 to read: “State whether Independence and Freedom Network, Inc., played a role in the creation of Honor and Principles PAC, identify any agent or agents of Independence and Freedom Network, Inc. so involved, and describe the nature of their involvement.”b. Take no action at this time regarding the Deposition Subpoena to Raymond McVeigh.c. Approve the proposed template Subpoena to Produce Documents and Order to Submit Written Answers to Independence and Freedom Network Inc.’s financial institutions, as recommended in the Memorandum to the Commission dated January 10, 2022.
The Commission failed by a vote of 3-3 to:Approve the Subpoena to Produce Documents and Order to Submit Written Answers to Independence and Freedom Network, Inc., the Deposition Subpoena to Raymond McVeigh, and the proposed template Subpoena to Produce Documents and Order to Submit Written Answers to Independence and Freedom Network Inc’s financial institutions, as recommended in the Memorandum to the Commission dated January 10, 2022.
The Commission decided by a vote of 4-2 to:a. Find reason to believe that Honor and Principles PAC and Lisa Lisker in her official capacity as treasurer violated 52 U.S.C. § 30122 by knowingly accepting contributions in the name of another.b. Find reason to believe that Honor and Principles PAC and Lisa Lisker in her official as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. §§ 110.1(e) and (g)(2) by failing to properly report LLC attribution information for only the $35,000 contribution made on October 19, 2018.
The Commission decided by vote of 6-0 to:a. Find reason to believe that Unknown Respondents violated 52 U.S.C. by § 30122 by making contributions in the name of another.b. Find reason to believe that Independence and Freedom Network, Inc., Ray McVeigh, and LZP, LLC violated 52 U.S.C. § 30122 by allowing LZP’s name to be used to make contributions in the name of another.c. Find reason to believe that LZP, LLC violated 11 C.F.R. § 110.1(g)(5) by failing to provide attribution information for their contribution of $35,000 on October 19, 2018.d. Take no action at this time as to James Ryan.e. Revise the Factual and Legal Analysis as recommended in the First General Counsel’s Report dated April 23, 2021, in accordance with the discussion at the table, including removing all reliance on Doe v. Reed.f. Authorize compulsory process.g. Approve the appropriate letters.
The Commission failed by a vote of 2-3 to:a. Take no action at this time on the allegation that Honor and Principles PAC and Lisa Lisker in her official capacity as treasurer violated 52 U.S.C. § 30122 by knowingly accepting contributions in the name of another.b. Take no action at this time on the allegation that Honor and Principles PAC and Lisa Lisker in her official as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. §§ 110.1(e) and (g)(2) by failing to properly report LLC attribution information for only the $35,000 contribution made on October 19, 2018.