MUR808200231
Page 2 

 

D ICKINSON W RIGHT PLLC 

cycle. There was and still is nothing suspicious about the contribution. The contribution was deposited 

and reported in full compliance with the law. At that point, the Respondents were under no further 

obligation to take additional action with respect to this contribution. 

Further, finding reason to believe and pursuing any sort of investigation against a dissolved entity 

with no money is a waste of Commission resources. The Commission should also dismiss this matter as a 

matter of prosecutorial discretion.2

 This Commission has set precedent of using its prosecutorial 

discretion to dismiss similar matters when Respondents are dissolved and insolvent, in order to preserve 

Commission resources. This matter is no different. Considering the vanishing odds of enforcement, 

equitable relief from a nonexistent organization, and the costs to the agency of an investigation, the best 

course here is dismissal.3

Finally, please not that this is yet another complaint that is submitted against a laundry list of 

respondents regardless of the actual facts at issue. Consistent with the Complainant’s past precedent,4

 they 

fail to provide any facts or evidence that is material to finding reason to believe that a violation occurred. 

Complainant provides no reasoning or evidence to support their assertion that the Respondents knowingly

accepted a contribution from Broken Promises in the name of another. Reason-to-believe is “no rubber 

stamp”5

— complaints based on mere speculation or conclusory statements have not, and should not, be 

the basis for an investigation.6

 Therefore, we ask the Commission to find no reason-to-believe and close 

the file on this matter. 

 

 

 

2 The Commission has established an Enforcement Priority System using formal, pre-determined scoring criteria to 

allocate agency resources and assess whether particular matters warrant further administrative enforcement 

proceedings. These criteria include: (1) the gravity of the alleged violation, taking into account both the type of 

activity and the amount of the violation; (2) the apparent impact the alleged violation may have had on the electoral 

process; (3) the complexity of the legal issues raised in the matter; and (4) recent trends in potential violations and 

other developments in the law. 

3

 Statement of Reasons of Chair Shana M. Broussard, Vice Chair Allen Dickerson, And Commissioners Sean J. 

Cooksey, James E. “Trey” Trainor, III, Steven T. Walther, And Ellen Weintraub at 1-2 (May 28, 2021), MUR 7460 

(Fair People for Fair Government); Statement of Reasons of Chairman Allen Dickerson And Commissioners Sean J. 

Cooksey and James E. “Trey” Trainor, III at 11 (Mar. 7, 2022) MUR 7465 (Freedom Vote, Inc.); Statement of 

Reasons of Commissioner Ellen L. Weintraub at 16-17 (Dec. 3, 2021) MUR 7860 (Jobs and Progress Fund, Inc.).

4

 Citizens for Responsibility and Ethics in Washington (CREW), is well-known in the campaign finance 

community for filing hundreds of FEC complaints against individuals and organizations, many of which are 

frivolous, speculative, and conclusory. See generally Statement of Chair James E. “Trey” Trainor III on the Dangers 

of Procedural Dysfunction (Aug. 28, 2000). 

5

 Statement of Reasons by Vice Chairman Allen Dickerson and Commission James “Trey” Trainor III at 3, 

MURs 7427, 7497, 7524, 7553, 7560, 7621, 7654, 7660 and 7558 (NRA, et. al). 6

 Id.; see also Statement of Reasons of Comm’rs Mason, Sandstrom, Smith, and Thomas at 1, MUR 4960

(Clinton) at 1-2, (Dec. 21, 2000) (“The Commission may find ‘reason to believe’ only if a complaint sets forth 

sufficient specific facts, which, if proven true, would constitute a violation of [the Federal Election Campaign Act 

(“FECA” or “Act”), as subsequently amended].”); First General Counsel’s Report at 5, MUR 5467 (Michael Moore) 

("[p]urely speculative charges, especially when accompanied by a direct refutation, do not form an adequate basis to 

find a reason to believe that a violation of the FECA has occurred.”). 

MUR808200232
Page 3 

 

D ICKINSON W RIGHT PLLC 

Respectfully submitted, 

 

 Charlie Spies 

Benjamin Mehr 

 Counsel to Concerned Conservatives 

MUR808200233