FEDERAL ELECTION COMMISSION

 WASHINGTON, D.C. 20463 

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of ) 

 ) 

Florida Country, et al. ) MUR 7766 

 ) 

 

STATEMENT OF REASONS OF VICE CHAIR ALLEN DICKERSON AND 

COMMISSIONERS SEAN J. COOKSEY AND JAMES E. “TREY” TRAINOR, III

In this matter, we voted to approve the Office of General Counsel’s recommendation to 

dismiss the allegations that Florida Country and Noreen Fenner in her official capacity as 

Treasurer, Queensgate Homes, Inc., Vensota Properties, Inc., and Fausto Palombo violated 52 

U.S.C. § 30121, subject to our proposed Factual and Legal Analysis. 

For the purposes of 52 U.S.C. § 30109(a)(8), we attach our proposed Factual and Legal 

Analysis in this matter.

__________________________________ December 3, 2021 

Allen Dickerson Date

Vice Chair

_________________________________ December 3, 2021 

Sean J. Cooksey Date

Commissioner

_________________________________ December 3, 2021 

James E. “Trey” Trainor, III Date

Commissioner

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FEDERAL ELECTION COMMISSION

FACTUAL AND LEGAL ANALYSIS

 

RESPONDENTS: Florida Country and MUR 7766 

 Eric Robinson in his official capacity as Treasurer;

 Queensgate Homes, Inc.; 

 Vensota Properties, Inc.; 

 Fausto Palombo 

The Complaint alleges that Queensgate Homes, Inc. (“Queensgate”), a Canadian 

company, made a $2,500 contribution to Florida Country, a non-federal political committee 

registered with the state of Florida, in violation of the Federal Election Campaign Act of 1971, as 

amended (the “Act”). In support of its allegation, the Complaint cites Florida Country’s filings 

with the Florida Department of State where it disclosed the April 21, 2020, contribution and 

listed a Canadian address for Queensgate. 

Florida Country denies that it violated the Act and states that, prior to depositing the 

contribution, it had confirmed the contribution was made by a Queensgate affiliate, Vensota 

Properties, Inc. (“Vensota”), which is a Florida domestic corporation. Florida Country further 

states it amended its filing with the Florida Secretary of State to list the correct contributor and 

that the earlier filing was inaccurate due to a clerical error. Florida Country refunded the 

contribution on November 17, 2020. 

Queensgate states that the $2,500 contribution was sourced from funds deposited in a 

segregated account provided by Vensota and that Queensgate was not the source of the funds. 

Respondents also state that the decision to make the contribution was made by permanent 

residents of the United States, and not by foreign nationals. 

Based on the available information regarding the source of the funds and the identity of 

the persons who made the decision to make a contribution, the Commission dismisses the 

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allegations that the Respondents violated the Act by making or receiving prohibited foreign 

national contributions and closes the file. 

I. FACTUAL BACKGROUND 

Florida Country is a state political committee that registered with Florida on February 14, 

2020.1

 In its campaign finance filings with the Florida Department of State, Florida Country 

reported accepting a $2,500 contribution on April 21, 2020, from Queensgate and listed an 

Ontario, Canada address in the contributor identification portion of the relevant form.2 

Subsequent to the filing of the complaint, Florida Country amended its campaign finance filings 

to list the contribution as being from “Queensgate Homes Inc – Vensota P” with a Florida 

address.3 Florida Country states that it verified that Vensota was a Florida corporation prior to 

depositing the check and that, when preparing its initial campaign finance report, the Vensota 

Properties portion of the name was left off in error.4 The contribution check itself was drawn on 

an account at Canadian Imperial Bank of Commerce in North York, Ontario, and the address of 

1

 Florida Country PAC Campaign Documents, available at https://dos.elections.myflorida.com/campaigndocs/?account=75001 (list visited June 14, 2021). 

2

 Compl. at 1, Ex. 3 (July 28, 2020).

3

 Compl. Supp. at 1, Ex. 4 (Aug. 18, 2020); Second Compl. Supp. at 1 (Feb. 5, 2021). Complainant alleges 

that the amended address is a rented mailbox at a UPS store. Compl. Supp. at 1. 

The Complainant also filed a complaint with the Florida Elections Commission, which appears to be 

focused on allegations that Florida Country amended its finance disclosure report in an attempt to “obscure the 

donation” from Queensgate. Second Compl. Supp. at Ex. A. The Florida Elections Commission concluded that “it 

appears that the contribution was indeed from Vensota, not Queensgate.” Id. In his second supplement to the 

Complaint, Complainant requested to withdraw his complaint given the Florida Election Commission determination. 

Second Compl. Supp. at 1.

4

 Florida Country Resp. at 1, Ex. 2. 

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the accountholder (Queensgate Homes Inc. (Vensota Properties)) listed a Woodbridge, Ontario 

address.5

 Florida Country refunded the contribution on November 17, 2020.6

Vensota is a Florida corporation that owns vacant land in Sarasota County, Florida.7 In 

its filings with the Florida Secretary of State, Vensota identified two Directors: Fausto Palombo, 

for whom a Canadian address is listed, and Fabian Bianchi, for whom a Florida address is listed.8 

Although Queensgate appears to issue checks on behalf of Vensota, Queensgate asserts that it 

only administers the bank account and is not responsible for the payment of Vensota-related 

expenses.9 

In a sworn affidavit, Vensota Director Bianchi, who appears to be a Florida resident, 

stated that the contribution was “derived entirely from funds generated by Vensota Properties, 

Inc.’s (‘Vensota’) Operations in the United States” and that the funds were not given, loaned, or 

reimbursed by Queensgate.10 The affidavit further stated that the decision to contribute $2,500 

to Florida Country was “made by individuals who are permanent residents of the United States” 

and that Queensgate “did not direct, dictate, control or directly or indirectly participate in the 

decision making process.”11 

5

 Id. at Ex. 2.

6 Contributions Query for Florida Country, Florida Department of State Division of Elections, available at

https://dos.elections.myflorida.com/cgi-bin/contrib.exe (last visited June 14, 2021); see also Queensgate Homes 

Supp. Resp. at 1.

7

 Queensgate Homes Resp. at 1.

8

 Florida Secretary of State, Division of Corporations, Vensota Properties, Inc. Entity Details, available at 

http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=

Initial&searchNameOrder=VENSOTAPROPERTIES%20P100000954810&aggregateId=domp-p10000095481-

bfd97283-5d18-43dd-af5d-4af86e203df3&searchTerm=vensota%20properties&listNameOrder=

VENSOTAPROPERTIES%20P100000954810 (last visited June 14, 2021).

9

 Queensgate Homes Resp.at 1-2. 

10 Queensgate Homes Supp. Resp., Bianchi Aff. at 1. 

11 Id. 

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II. LEGAL ANALYSIS

The Act and Commission regulations prohibit a foreign national from directly or 

indirectly making a contribution or donation of money or other thing of value in connection with 

a federal, state, or local election.12 A “foreign national” is an individual who is not a citizen of 

the United States and who is not lawfully admitted for permanent residence, as well as a “foreign 

principal” as defined at 22 U.S.C. § 611(b), which, in turn, includes a “partnership, association, 

corporation, organization, or other combination of persons organized under the laws of or having 

its principal place of business in a foreign country.”13 The Act further prohibits persons from 

soliciting, accepting, or receiving a contribution or donation from a foreign national.14 

Commission regulations implementing the Act’s foreign national prohibition provide that 

“[a] foreign national shall not direct, dictate, control, or directly or indirectly participate in the 

decision-making process of any person, such as a corporation ... with regard to such person’s 

Federal or non-Federal election-related activities, such as decisions concerning the making of 

contributions[.]”15 Where permitted by state law, a U.S. subsidiary or affiliate of a foreign 

national corporation may donate funds for state and local elections if (1) the donations derive 

entirely from the domestic subsidiary’s own funds, and (2) all decisions concerning the 

donations, except those setting overall budget amounts, are made by individuals who are U.S. 

citizens or permanent residents.16 With regards to the source of funds, the Commission has 

12 52 U.S.C. § 30121(a)(1); 11 C.F.R. § 110.20(b)-(c). 

13 52 U.S.C. § 30121(b); 22 U.S.C. § 611(b)(3); see also l1 C.F.R. § 110.20(a)(3).

14 52 U.S.C. § 30121(a)(2). 

15 11 C.F.R. § 110.20(i).

16 See Factual & Legal Analysis at 5-6 (Beverly Hills Residents and Businesses to Preserve Our City), MUR 

7141; Factual & Legal Analysis at 4-5 (American Pacific International Capital, Inc., et al.), MUR 7122; Factual & 

Legal Analysis at 4-5 (Sam Page, et al.), MUR 6099; Advisory Opinion 2009-14 (Mercedes-Benz US/Sterling) at 3; 

Contributions, Limitations, and Prohibitions, 67 Fed. Reg. Fed. Reg. 69,928, 69,943-44 (Nov. 19, 2002) 

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noted that “a domestic corporation is not permitted to make such contributions when the source 

of funds is a foreign national, because this essentially permits the foreign national to make 

contributions indirectly when it could not do so directly.”17 

The Complaint alleges that Florida Country accepted a foreign national contribution from 

Queensgate based on Florida Country’s campaign finance filings with the Florida Department of 

State indicating that it was a Canadian company. Respondents assert that the funds came from 

Vensota, which is registered as a Florida corporation, and that Vensota’s name was left off 

Florida Country’s campaign finance report in error.18 

The Commission dismisses this matter. Vensota is a domestic corporation that is eligible 

to make non-federal contributions to entities such as Florida Country. Further, Respondents 

assert in a sworn affidavit that the contribution decision was made by a permanent resident of the 

United States, rather than a foreign national, and that funds relating to Vensota’s domestic 

operations funded the contribution. The Commission has no information available that suggests 

that Vensota was being used as a conduit for a foreign national contribution. Further, the Florida 

Elections Commission concluded that “it appears that the contribution was indeed from Vensota, 

not Queensgate,” and the Complainant has requested to withdraw the Complaint.19 Given the 

overall record, the Commission dismisses the Complaint. 

(Explanation and Justification (“E&J”)) (explaining that the statutory term “indirectly” does not cover U.S. 

subsidiaries of foreign corporations). 

17 Factual & Legal Analysis at 4-5 (Sam Page, et al.), MUR 6099.

18 Florida Country Resp. at 1; Queensgate Homes Resp. at 1; Queensgate Homes Supp. Resp. at 1.

19 Second Compl. Supp. at 1, Ex. A.

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