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Federal Election Commission | United States of America

FEC v. Odzer

Summary

On June 27, 2005, the Commission asked the U.S. District Court for the Eastern District of New York to find that Tzvi Odzer knowingly and willfully made excessive contributions and contributions in the name of another to Friends of Weiner (Weiner Committee) in violation of the Federal Election Campaign Act (the Act). 2 U.S.C. §§441a(a)(1)(A) and 441f.

Background

An FEC audit of the Weiner Committee found that in December 1999, Mr. Odzer gave the committee a $1,000 check for the 2000 primary and in May 2000, gave an additional $1,000 check for the general election.  At the time, these contributions represented the maximum amount an individual could give to a federal candidate’s campaign.  In June 2000, Odzer wrote three $2,000 checks, totaling $6,000 to the Weiner Committee drawn from his personal checking account.  Each check was signed “Tzvi Odzer,” but bore the name of one of Mr. Odzer’s children in the “for” line.  Upon receipt of the checks, the Weiner Committee recorded the contributions as having been made by Odzer’s children.

On June 16, 2004, the Commission entered into a conciliation agreement with the Weiner Committee, which paid a civil penalty for accepting excessive contributions and refunded the $6,000 to Odzer.

During 2004 and 2005, the Commission notified Mr. Odzer that it had found reason to believe and then probable cause to believe that he had  knowingly and willfully violated the law by making excessive personal contributions in the names of his children.  Mr. Odzer failed to file a written response and the Commission was unable to secure an acceptable conciliation agreement with him, prompting this suit.

Request for relief

The Commission requests that the district court declare that Mr. Odzer knowingly and willfully violated the Act by making excessive contributions and by making contributions in the names of his three children. Additionally, the Commission asks the court to permanently enjoin Mr. Odzer from violating the Act and assess an appropriate civil penalty for each violation he is found to have committed.

Source:   FEC Record — September 2005

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.