MUR #7901
ETHAN OWENSSummary
RESPONDENTS: Owens, Ethan M.; Adam Kokesh American Referendum Project; Fisher, Angela L.; Kokesh, Adam; Thornton, Angela; Ver, Roger
COMPLAINANT:
SUBJECT: Committees; Other; Reporting
DISPOSITION: The Commission failed by a vote of 3-3 to:
Find no reason to believe that Roger Ver made, and Adam Kokesh and Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer knowingly accepted, prohibited contributions in violation of 52 U.S.C. § 30121(a) and 11 C.F.R. § 110.20.
The Commission decided by a vote of 6-0 to:
a. Close the file.
b. Issue appropriate letters.
The Commission failed by a vote of 3-3 to:
a. Find reason to believe that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer and Angela Fisher misreported the Committee’s treasurer in violation of 52 U.S.C. § 30103(b), (c) and 11 C.F.R. § 102.2(a)(1), (2).
b. Take no further action as to the allegation that Ethan Owens misreported the Committee’s treasurer in violation of 52 U.S.C. § 30103(b), (c) and 11 C.F.R. § 102.2(a)(1), (2).
c. Find reason to believe that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
d. Take no further action as to the allegation that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
e. Find reason to believe that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to file accurate reports concerning the Committee’s receipts, disbursements, and loans.
f. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to accurately report receipts, disbursements, and loans.
g. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by commingling campaign funds with personal funds.
h. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
i. Find reason to believe that Roger Ver made, and Adam Kokesh and Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer knowingly accepted, prohibited contributions in violation of 52 U.S.C. § 30121(a) and 11 C.F.R. § 110.20.
j. Authorize pre-probable cause conciliation with Angela Fisher.
k. Approve the Conciliation Agreement, as recommended in the Second General Counsel’s Report dated November 29, 2022.
l. Approve the Factual and Legal Analyses, as recommended in the Second General Counsel’s Report dated November 29, 2022.
m. Authorize the use of compulsory process with respect to Roger Ver, Adam Kokesh, and Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer.
n. Close the file as to Ethan Owens.
o. Approve the appropriate letters.
The Commission decided by a vote of 5-0 to:
a. Take no further action as to the allegation that Ethan Owens misreported the Committee’s treasurer in violation of 52 U.S.C. § 30103(b), (c) and 11 C.F.R. § 102.2(a)(1), (2).
b. Take no further action as to the allegation that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
c. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to accurately report receipts, disbursements, and loans.
d. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by commingling campaign funds with personal funds.
e. Take no further action as to the allegations that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
The Commission failed by a vote of 3-3 to:
a. Dismiss the allegations pursuant to Heckler v. Chaney as an exercise of prosecutorial discretion that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer and Angela Fisher misreported the Committee’s treasurer in violation of 52 U.S.C. § 30103(b), (c) and 11 C.F.R. § 102.2(a)(1), (2).
b. Dismiss the allegations pursuant to Heckler v. Chaney as an exercise of prosecutorial discretion that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
c. Dismiss the allegations pursuant to Heckler v. Chaney as an exercise of prosecutorial discretion that Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to file accurate reports concerning the Committee’s receipts, disbursements, and loans.
The Commission decided by a vote of 6-0 to approve the Subpoenas to Produce Documents and Orders to Submit Written Answers and Deposition Subpoenas to Ethan Owens and Angela Fisher, as recommended in the Memorandum to the Commission dated December 7, 2021, subject to the Notice of Erratum dated January 20, 2022, and further subject to edits on the definition of “document” circulated by Commissioner Weintraub’s Office on January 26, 2022 at 7:07 p.m.
The Commission failed by a vote of 3-3 to:
a. Open a MUR.
b. Find reason to believe that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit its receipts in an account at a properly designated campaign depository.
c. Find reason to believe that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by failing to keep campaign funds segregated from the personal funds of any individual.
d. Find reason to believe that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(a) and 11 C.F.R. § 102.7(b) by making disbursements during a period in which it had no treasurer.
e. Find reason to believe that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
f. Find reason to believe that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to file accurate reports concerning the Committee’s receipts, disbursements, and loans.
g. Find reason to believe that Ethan Owens and Angela Fisher violated 52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by commingling campaign funds with personal funds.
h. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
i. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
j. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to accurately report receipts, disbursements, and loans.
k. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated August 21, 2019.
l. Authorize the use of compulsory process.
m. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to:
a. Open a MUR.
b. Take no action at this time regarding the allegation that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit its receipts in an account at a properly designated campaign depository.
c. Take no action at this time regarding the allegation that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by failing to keep campaign funds segregated from the personal funds of any individual.
d. Take no action at this time regarding the allegation that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(a) and 11 C.F.R. § 102.7 (b) by making disbursements during a period in which it had no treasurer.
e. Take no action at this time regarding the allegation that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
f. Take no action at this time regarding the allegation that the Adam Kokesh American Referendum Project and Angela Thornton in her official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to file accurate reports concerning the Committee’s receipts, disbursements, and loans.
g. Find reason to believe that Ethan Owens and Angela Fisher violated52 U.S.C. § 30102(b)(3) and 11 C.F.R. § 102.15 by commingling campaign funds with personal funds.
h. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30102(h)(1) and 11 C.F.R. § 103.3 by failing to deposit receipts in an account at a properly designated campaign depository.
i. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30102(c), (d) and 11 C.F.R. § 102.9 by failing to keep and maintain adequate records.
j. Find reason to believe that Ethan Owens violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3 by failing to accurately report receipts, disbursements, and loans.
k. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated August 21, 2019, as they relate to Ethan Owens and Angela Fisher only.
l. Authorize the use of compulsory process.
m. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Take No Further Action | Fisher, Angela L. | ||
Owens, Ethan M. |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Owens, Ethan M. |
Previous respondent | Adam Kokesh American Referendum Project |
Fisher, Angela L. | |
Kokesh, Adam | |
Thornton, Angela | |
Ver, Roger | |
Respondent's counsel | Dearn, Alicia I. |