FEC v. Rivera (17-22643 / 22-11437)

On July 1, 2024, the United States Court of Appeals for the Eleventh Circuit (the appeals court) vacated the district court’s grant of summary judgment and subsequent final judgment in FEC v. Rivera. The district court had found former Representative David Rivera liable for violating the Federal Election Campaign Act’s (the Act) ban on contributions in the name of another, 52 U.S.C. § 30122, by engaging in a scheme to secretly provide nearly $76,000 in in-kind contributions to a federal candidate.

Background

Rivera served as a member of the House of Representatives, representing Florida’s 25th congressional district, from 2011 to 2013. The FEC alleged that, during his re-election campaign in 2012, Rivera enlisted the help of an associate to secretly fund Justin Lamar Sternad, a candidate for the Democratic nomination, in order to weaken his eventual opponent, Joe Garcia.

After a multi-year investigation and failed attempt to secure a conciliation agreement with Rivera, the FEC filed an initial complaint on July 14, 2017, which was dismissed for failure to state a claim. On January 15, 2019, the FEC filed an amended complaint and then moved for summary judgment on August 10, 2020, arguing that the undisputed evidence establishes that Rivera violated the Act. On February 23, 2021, the district court granted the FEC’s motion for summary judgment and followed with a final judgment issuing a $456,000 civil penalty against Rivera. The district court also entered a permanent injunction against Rivera, prohibiting him from making campaign contributions in the name of another. Rivera appealed the judgment.

Analysis

In granting summary judgment, the district court relied on grand jury testimony and a plea colloquy from one of Rivera’s associates, finding this evidence indicative of Rivera using a “middleman” to assist in his campaign finance efforts. Additionally, the district court relied on testimony from witnesses, vendors, and Sternad. However, Rivera provided competing testimony, specifically a deposition in which he denied supporting or voicing support for Sternad’s campaign and two affidavits denying that he served as the source of money or in-kind contributions to the Sternad campaign and denying that he paid certain vendors on behalf of the Sternad campaign.

Summary judgment may be granted where the “movant shows that there is no genuine dispute as to any material fact.” Rivera argued that the district court erred in granting summary judgment because there was a genuine issue of material fact regarding questions that should be resolved by a jury. The appeals court agreed, finding that the district court improperly discounted Rivera’s competing testimony. Accordingly, the appeals court vacated the district court’s grant of summary judgment and subsequent final judgment and remanded the case to the district court for further proceedings.

Editor’s Note: On appeal, this case was remanded for further proceedings. On January 8, 2025, the District Court issued an order to close the case and dismiss it with prejudice.

Source: FEC Record — July 2024; March 2021; October 2018; July 2017

Appeals Court (11th Circuit) (22-11437)

Court decisions:

• Order (10/29/2024)
• Judgment (09/26/2024)
• Order (09/18/2024)
• Order (09/04/2024)
• Opinion (07/01/2024)

Related documents:

• Motion to Amend Petition for Rehearing (09/03/2024)
• Appellant's Petition for Panel Rehearing and Petition for Rehearing En Banc (08/15/2024)
• Appellant's Reply Brief (10/10/2023)
• Brief for the Federal Election Commission (08/14/2023)
• Appellant's Brief (06/14/2023)

District Court (S. Dist. FL) (17-22643)

Court decisions:

• Order Closing Case and Dismissing with Prejudice (01/08/2025)
• Judgment (09/26/2024)
• Order Denying Motion to Alter or Amend Judgment (03/31/2023)
• Final Judgment (03/30/2022)
• Order Denying Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (03/24/2022)
• Order Granting FEC's Motion for Summary Judgment (02/23/2021)
• Order Denying Defendant's Motion to Dismiss (04/16/2019)
• Order on Motion to Dismiss (09/27/2018)

Related documents:

• Amended Notice of Appeal (04/07/2023)
• Notice of Appeal (04/28/2022)
• Reply to Response to Motion to Alter or Amend or for Relief from Judgment (06/10/2022)
• Plaintiff Federal Election Commission's Opposition to Defendant's Motion to Alter or Amend or for Relief from Judgment (05/23/2022)
• Motion to Alter or Amend or for Relief from Judgment (04/26/2022)
• Defendant's Reply to the FEC's Opposition to Defendant's Motion to Dismiss (04/21/2021)
• FEC's Opposition to Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (04/14/2021)
• Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (03/31/2021)
• Defendant’s Reply to FEC’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment (08/31/2020)
• FEC’s Reply Memorandum in Support of Its Motion for Summary Judgment (08/31/2020)
• FEC's Memorandum in Opposition to Defendant's Motion for Summary Judgment (08/24/2020)
• Defendant Rivera's Response to Plaintiff's Motion for Summary Judgment and Incorporated Memorandum of Law (08/22/2020)
• FEC's Motion for Summary Judgment (08/10/2020)
• Defendant David Rivera's Motion for Summary Judgment and Memorandum of Law (08/10/2020)
• Defendant's Answer to the Amended Complaint (06/14/2019)
• FEC's Memorandum in Opposition to Defendant's Motion to Dismiss Amended Complaint (02/15/2019)
• Defendant's Motion to Dismiss Amended Complaint (02/01/2019)
• FEC's Amended Complaint (01/15/2019)
• Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss Complaint (12/18/2017)
• Plaintiff FEC's Memorandum in Opposition to Defendant's Motion to Dismiss Complaint (12/11/2017)
• Motion to Dismiss Complaint (11/22/2017)
• Complaint (07/14/2017)