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Federal Election Commission | United States of America

MUR #7917

Derrick F. Van Orden

Summary

RESPONDENTS: Van Orden, Derrick F.; Clancy, Mary; Van Orden for Congress

COMPLAINANT: Remiker, Devin

SUBJECT: Committees-Candidate; Personal use

DISPOSITION: The Commission decided by a vote of 5-1 to: a. Dismiss as a matter of prosecutorial discretion the allegation that Derrick Van Orden and Van Orden for Congress and Mary Clancy in her official capacity as treasurer violated 52 U.S.C. § 30114(b) by converting contributions to personal use. b. Approve the appropriate letters. c. Close the File.
The Commission failed by a vote of 3-3 to: Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated June 16, 2022, subject the edits circulated by Commissioner Cooksey’s Office.
The Commission decided by a vote of 5-0 to: Reconsider motion #1
The Commission decided by a vote of 6-0 to: a. Dismiss as a matter of prosecutorial discretion the allegation that Derrick Van Orden and Van Orden for Congress and Mary Clancy in her official capacity as treasurer violated 52 U.S.C. § 30114(b) by converting contributions to personal use. b. Approve the appropriate letters. c. Close the File.

Disposition

Disposition Penalty Respondent Citation
Dismiss Pursuant to Prosecutorial Discretion Van Orden, Derrick F. 52 U.S.C. §30114(b)
Clancy, Mary 52 U.S.C. §30114(b)
Van Orden for Congress 52 U.S.C. §30114(b)

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 10/05/2021 Response from Derrick Van Orden, Van Orden for Congress and Mary Clancy in her official capacity as treasurer 893 KB
08/25/2021 Grant of Extension of Time to Derrick Van Orden, Van Orden for Congress and Mary Clancy, Treasurer 728 KB
08/24/2021 Designation of Counsel and Request for Extension of Time from Derrick Van Orden, Van Orden for Congress and Mary Clancy in her official capacity as treasurer 2 MB
07/30/2021 Notification of Complaint to Van Orden for Congress and Mary Clancy in her official capacity as treasurer 775 KB
07/30/2021 Notification of Complaint to Derrick F. Van Orden 774 KB
07/08/2021 Complaint 1 MB
General Counsel Reports, Briefs, Notifications and Responses 08/02/2022 Notification with Statement of Reasons to Derrick Van Orden, Van Orden for Congress and Mary Clancy in her official capacity as treasurer 1 MB
08/02/2022 Notification to Devin Remiker 1 MB
06/16/2022 First General Counsel's Report 920 KB
Certifications 07/26/2022 Derrick Van Orden; Van Orden for Congress and Mary Clancy in her official capacity as treasurer 705 KB
Statement of Reasons 09/01/2022 Commissioners Shana M. Broussard and Ellen L. Weintraub 805 KB
07/28/2022 Chairman Allen J. Dickerson and Commissioners Sean J. Cooksey and James E "Trey" Trainor, III 1 MB

Participants

Relationship Name
Primary respondent Van Orden, Derrick F.
Previous respondent Clancy, Mary
Van Orden for Congress
Complainant Remiker, Devin
Respondent's counsel Holtzman Vogel Baran Torchinsky & Josefiak, PLLC
Johnson, Jessica (1) Furst
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