FEDERAL ELECTION COMMISSION WASHINGTON, D.C.

 

February 27, 2024 

VIA EMAIL

Chris Gober 

Eric Wang

The Gober Group 

P.O. Box 341016 

Austin, TX 78734 

cg@gobergroup.com

ew@gobergroup.com

RE: MUR 8107

 Mike Braun for Indiana

Dear Mr. Gober and Mr. Wang: 

On February 21, 2024, the Federal Election Commission accepted the signed 

conciliation agreement submitted on behalf of your clients, Mike Braun for Indiana and Thomas 

Datwyler in his official capacity as treasurer (the “Committee”), in settlement of a violation of 

52 U.S.C. § 30104(b)(8), a provision of the Federal Election Campaign Act of 1971, as 

amended, and a violation of 11 C.F.R. § 104.3(d)(4) . Accordingly, the file has been closed in 

this matter. 

 Documents related to the case will be placed on the public record within 30 days. See

Disclosure of Certain Documents in Enforcement and Other Matters, 81 Fed. Reg. 50,702 

(Aug. 2, 2016). Information derived in connection with any conciliation attempt will not 

become public without the written consent of the respondent and the Commission. See

52 U.S.C. § 30109(a)(4)(B). 

 Enclosed you will find a copy of the fully executed conciliation agreement for your 

files. Please note that the civil penalty is due within 90 days of the conciliation agreement's 

effective date. If you have any questions, please contact me at (202) 694-1327. 

Sincerely,

Jennifer Waldman

Attorney

Enclosure 

Conciliation Agreement

MUR810700110
BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of ) 

 ) MUR 8107 

Mike Braun for Indiana and Thomas Datwyler ) 

 in his official capacity as treasurer ) 

CONCILIATION AGREEMENT

This matter was initiated by the Federal Election Commission (the “Commission”), 

pursuant to information ascertained in the normal course of carrying out its supervisory 

responsibilities. The Commission found reason to believe that Mike Braun for Indiana and 

Thomas Datwyler in his official capacity as treasurer (“Respondent” or the “Committee”) 

violated 52 U.S.C. § 30104(b)(8) of the Federal Election Campaign Act of 1971, as amended 

(the “Act”), and 11 C.F.R. § 104.3(d)(4) of Commission regulations. 

NOW, THEREFORE, the Commission and Respondent, having participated in informal 

methods of conciliation, prior to a finding of probable cause to believe, do hereby agree as 

follows:

I. The Commission has jurisdiction over Respondent and the subject matter of this 

proceeding, and this Agreement has the effect of an agreement entered pursuant to 52 U.S.C. 

§ 30109(a)(4)(A)(i).

II. Respondent has had a reasonable opportunity to demonstrate that no action should 

be taken in this matter.

III. Respondent enters voluntarily into this Agreement with the Commission.

IV. The pertinent facts in this matter are as follows:

1. The Committee was the authorized Senate committee of Mike Braun. 

2. Thomas Datwyler is the current Treasurer of the Committee.

MUR810700111
MUR 8107 (Mike Braun for Indiana) 

Conciliation Agreement

Page 2 of 4 

3. The Act requires committee treasurers to file accurate reports of receipts

and disbursements. 52 U.S.C. § 30104(b); see also 11 C.F.R. § 104.3. 

4. Political committees must disclose the amount and nature of outstanding 

debts and obligations until those debts are extinguished. 52 U.S.C. § 30104(b)(8); see also

11 C.F.R. § 104.3(a)(4)(iv). A committee must file separate schedules for debts owed by and to 

the committee with a statement explaining the circumstances and conditions under which each 

debt and obligation was incurred or extinguished. 11 C.F.R. § 104.11(a). 

5. The Act also requires accurate reporting of the total amount of loans made 

or guaranteed by the candidate and the repayment of those loans. 52 U.S.C. § 30104(b); 

11 C.F.R. § 104.3(b)(2)(iii)(A), (d).

6. From July 2017 through December 2018, the Committee failed to 

correctly disclose loan balances, terms, dates, repayment amounts, and other information for 29 

transactions totaling $11,569,963 involving three bank loans, 13 lines of credit, and 13 candidate 

loans. 

7. The Committee contends that its former treasurer, Travis Kabrick, was 

responsible for these reporting errors and that he had access to all relevant information and 

documents from the Committee to properly report these loans. The Committee further contends

that its former Treasurer publicly disclosed information regarding the bank loans, which were legal 

and proper, but the Treasurer made the errors regarding how they were reported on the 

Committee’s campaign finance reports. The Committee further contends that the reporting errors 

were technical in nature. 

MUR810700112
MUR 8107 (Mike Braun for Indiana) 

Conciliation Agreement

Page 3 of 4 

V. The parties agree to the following:

1. Respondent violated 52 U.S.C. § 30104(b)(8) and 11 C.F.R. § 104.3(d)(4) 

by failing to accurately disclose loans.

VI. Respondent will take the following actions: 

1. Pay a civil penalty to the Commission in the amount of One Hundred 

Fifty-Nine Thousand Dollars ($159,000), pursuant to 52 U.S.C. § 30109(a)(5)(A). 

2. Cease and desist from committing violations of 52 U.S.C. § 30104(b)(8)

and 11 C.F.R. § 104.3(d)(4). 

3. Amend its reports pursuant to instructions provided by the Audit Division 

of the Commission. 

VII. The Commission, on request of anyone filing a complaint under 52 U.S.C. 

§ 30109(a)(1) concerning the matters at issue herein or on its own motion, may review 

compliance with this Agreement. If the Commission believes that this Agreement or any 

requirement thereof has been violated, it may institute a civil action for relief in the United States 

District Court for the District of Columbia. 

VIII. This Agreement shall become effective as of the date that all parties hereto have 

executed the same and the Commission has approved the entire Agreement.

IX. Respondent shall have no more than ninety (90) days from the date this 

Agreement becomes effective to comply with and implement the requirements contained in this 

Agreement and to so notify the Commission. 

X. This Agreement constitutes the entire agreement between the parties on the 

matters raised herein, and no other statement, promise, or agreement, either written or oral, made 

MUR810700113
MUR 8107 (Mike Braun for Indiana) 

Conciliation Agreement 

Page 4 of 4 

by either party or by agents of either party, that is not contained in this written agreement shall 

be enforceable. 

FOR THE COMMISSION: 

Lisa J. Stevenson 

Acting General Counsel 

BY: _____________________ _________________________ 

Charles Kitcher Date 

Associate General Counsel 

for Enforcement 

FOR THE RESPONDENT: 

__________________________ 

[name] (ULF:DQJ

&RXQVHOIRU0LNH%UDXQIRU

,QGLDQD

)HEUXDU\

Date 

2/26/24

Charles 

Kitcher

Digitally signed by 

Charles Kitcher 

Date: 2024.02.26 

11:23:26 -05'00'

MUR810700114