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SANDLER REIFF 1090 Vermont Ave NW, Suite 750

Washington, DC 20005

www.sandlerreiff.com

T: 202-479-1111

F: 202-479-1115

SANDLER REIFF LAMB

ROSENSTEIN & BIRKENSTOCK, P.C.

April 27, 2023

Mr. Roy Q. Luckett

Acting Assistant General Counsel 

Office of Complaints Examination 

and Legal Administration

Federal Election Commission

Attn: Trace Keeys, Paralegal

1050 First Street, N.E. 

Washington, D.C. 20463

VIA E-mail to CELA@fec.gov

Re: MUR 8122

Dear Mr. Luckett:

The undersigned serves as counsel to Joshua Lafazan, Lafazan for Congress (the 

“Committee”), and Alex Leibson, in his official capacity as Treasurer (collectively, 

“Respondents”). This letter responds on behalf of Respondents to the Commission’s notification 

that it received a complaint (the “Complaint”) from John Tancredi (“Complainant”) alleging that 

the Respondents violated the Federal Election Campaign Act (the “Act”) and Federal Election 

Commission (the “Commission”) regulations.

This Complaint is based on a Newsday article from January 2023,1

it alleges that Mr. Lafazan received a loan at the end of 2020 that was 

somehow intended to influence Mr. Lafazan’s election in 2022, resulting in an improper and 

excessive contribution. This is simply not the case and, based upon the facts described below, 

simply impossible.

Based upon the reasons below, the Commission should find no reason to believe that a 

violation of law has occurred and dismiss the complaint.

1 Mark Chiusano, A Candidate for Loans 101?, Newsday – The Point (Jan. 20, 2023).

By OGC/CELA at 7:49 am, Apr 28, 2023

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Background 

Over the course of the past seven years, Mr. Lafazan has enjoyed a close, personal 

friendship with Mr. Bryan H. Lawrence and Mrs. Elizabeth D. Lawrence. The loans at issue here

were a byproduct of this close friendship and were intended to assist Mr. Lafazan with the costs 

of a doctoral program at the University of Pennsylvania. 

 In June 2020, during the height of the Covid-19 pandemic, Mr. Lafazan was accepted 

into the University of Pennsylvania’s Chief Learning Officer Doctorate Program. Shortly after, 

the University requested payment of the first semester’s tuition. At the time, Mr. Lafazan was a 

26-year-old with little credit history to lean on, and his funds were tied up in stocks and 

retirement funds.3 Thus, despite these assets, his legislative salary, and his income from 

Northwell Health, he still lacked liquid funds to pay the University. As a result, Mr. Lafazan 

sought assistance from friends to pay his tuition, and a mutual friend suggested that he ask the 

Lawrences, with whom Mr. Lafazan already had a close relationship, and they accepted.

4

In the time since June 2020, the Lawrences have provided Mr. Lafazan with four 

promissory notes, each specifically for Mr. Lafazan’s tuition payments and each with payments 

beginning after Mr. Lafazan was expected to complete the program.

5

 Furthermore, each time a 

payment was due, Mr. Lawrence’s attorney sent the check directly “to pay tuition for Joshua A. 

Lafazan for the Executive Chief Learning Officer Doctorate Program offered at the University of 

Pennsylvania in accordance with the [relevant] Account Statement.”6 None of the funds ever 

went directly to Mr. Lafazan. 

The fourth of these loans was provided on September 2, 2021 and the check was sent 

September 23, 2021.7 Mr. Lafazan did not even have an inkling of running for federal office 

until late November 2021 when Rep. Tom Suozzi, the current incumbent in New York’s 3rd 

3 Mr. Lafazan did attempt to liquidate his stocks at the time to pay the University, but he was unable to do so. 4 Prior to accepting these tuition payments from the Lawrences, Mr. Lafazan received informal guidance from New 

York ethics attorneys stating that this would be permissible because the Lawrences had no business before Nassau 

County and because Mr. Lafazan had no voting powers related to the Lawrences. 5 See Exhibits 3-6 (Promissory notes dated 9/25/2020, 1/11/2021, 6/12/2021, and 9/2/2021). Each note has contained 

the following language: “Borrower agrees that Lender shall disburse the loan proceeds directly to the University of

Pennsylvania in connection with Borrower’s enrollment in the School’s Chief Learning Officer Doctorate Program.”

Notably, by “the end of 2020,” Mr. Lafazan had only received the first loan for $23,116, not “a personal loan of up 

to $100,000.” See MUR 8122, Compl. at 1; (citing Rich Calder, LI 

congressional frontrunner Josh Lafazan had billionaire couple cover at least $50K of college payments (N.Y. Post, 

Aug. 6, 2022). The Complainant here, has misunderstood the meaning of the

entry regarding these loans in Mr. Lafazan’s disclosure. As stated in the House Financial Disclosure Handbook, “if 

[the filer] took out multiple student loans from the same lender while in college, [the filer] may list the loans under 

one entry, and should provide the date [the filer] took out the first loan.” H. Cmte. on Ethics, Instruction Guide: 

Financial Disclosure Statements & Periodic Transaction Reports – Calendar Year 2020 at 33. Therefore, this entry 

reported the full value of the loan and the “the date [Mr. Lafazan] took out the first loan,” not when the full amount 

was received.

6 See Exhibits 7-10 (Letters dated 10/1/2020, 1/13/2021, 6/3/2021, and 9/23/2021 with accompanying checks, 

account statements, and FedEx receipts from Mr. Lawrence to the University of Pennsylvania on behalf of Mr. 

Lafazan). 7 Exhibits 6, 10. 

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congressional district, announced his run for New York governor.8 As a result, there is no 

possible way that any of these loans were made with the intention of assisting Mr. Lafazan in a 

federal election because Mr. Lafazan himself could not even have had the intention of running 

for federal office until November 2021, two months after the last tuition payment was made. 

Since the September 2021 tuition payment, Mr. Lafazan and the Lawrences have had no further 

discussions about additional tuition payments or Mr. Lafazan’s finances, except as related to the 

two complaints filed with the Commission related to this matter. 

Legal Analysis 

The Complaint alleges that the Respondents violated the Act and regulations by accepting 

an excessive contribution in the form of the loans from the Lawrences. However, because this 

loan was not intended to influence a federal election, no facts exist that would lead to a violation 

of federal law, and the Commission should find no reason to believe Respondents violated the 

Act or Commission regulations. 

Under the Commission’s regulations, “[w]hen an individual becomes a candidate, any 

funds received, loans obtained, or disbursements made prior to becoming a candidate in 

connection with his or her campaign shall be deemed to have been received, obtained or made 

as an agent of his or her authorized committee(s).”9

 And a contribution is defined as a “loan . . . 

made by any person for the purpose of influencing any election for Federal office.”10 Finally, 

third party payments for expenses are not contributions if made irrespective of the candidacy, 

including situations where the party paying for the expense “[made] the payment before the 

candidate became a candidate.”11 

In Advisory Opinion 1978-40, a congressional candidate, Ray Kogovsek, accepted ten 

promissory notes for loans totaling $3,900 to cover personal living expenses while making “his 

decision to seek nomination or election to the United States House of Representatives.”12 After 

borrowing this money, Kogovsek announced his candidacy and filed his statement of candidacy 

with the FEC.13 The FEC held that, because Kogovsek “was evaluating his candidacy” at the 

time he accepted the loans and because he then became a candidate, the loans were treated as 

contributions to the campaign for the purpose of influencing a federal election, subject to the 

contribution limits and reporting requirements.14

8 Katie Glueck & Nicholas Fandos, Rep. Tom Suozzi Is Running for Governor of New York (N.Y. Times, Nov. 29, 

2021, updated Dec. 9, 2021). 9 11 C.F.R. § 101.2(b) (emphasis added).

10 11 C.F.R. § 100.52. 11 11 C.F.R. § 113.1(g)(6)(iii). 12 FEC Adv. Op. 1978-40 at 1. 13 Id. 14 Id at 1-2.

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The loan here is easily distinguishable from the loan in AO 1978-40. In that scenario, the 

loans were made while the candidate was weighing his run for office.15 As a result, once he 

announced his candidacy, they should have been treated as contributions. Here, however, the 

student loans provided to Mr. Lafazan were provided before he had any intention to run for 

federal office. Thus, they were not given for the purpose of influencing a federal election. 

In MUR 5141, the Commission dismissed a complaint alleging that Rep. James Moran 

had accepted an excessive contribution in the form of a $25,000 personal loan.

16 In the 

unanimous Statement of Reasons, the Commission noted that (1) the loan at issue was borne out 

of a long-standing friendship; (2) the check was endorsed by a third-party for legal expenses 

related to a domestic relations lawsuit; (3) the loan was made well before the election; (4) the 

campaign was not in need of funds; and (5) the campaign was not funded by the candidate’s 

personal funds.17 Additionally, the Commission relied on 11 C.F.R. § 113.1(g), which states that 

third party payments “made irrespective of the candidacy” are not contributions.18 Based on 

these facts and Commission precedent, the Commissioners held that “although this loan was 

made directly to a candidate, it was not made for use in connection with the candidate’s 

campaign and is therefore not a contribution under the Act.”19

Like the personal loan at issue in MUR 5141, the Lawrences loan was provided out of a 

long-standing friendship; the check was endorsed by the University of Pennsylvania and never 

went directly to Mr. Lafazan; the loans were made well before the election (indeed, well before 

Mr. Lafazan had even considered running); and the campaign was not in need of funds. 

Additionally, the loan was inherently made irrespective of the candidacy because no such 

candidacy existed, nor did any intent to become a candidate. As a result, the Commission should 

follow its precedent in MUR 5141 and dismiss this Complaint. 

Lastly, to be sure, it would be an unreasonable to conclude, as the Complaint seems to 

purport, that only a candidate who has never received any loans would be able to contribute 

personal funds to their own campaign, simply because that loan “freed up” funds for the 

candidate to contribute. The Commission’s regulations state that “candidates for Federal office 

may make unlimited expenditures from personal funds,” which include any funds derived from 

any asset that the candidate owns or has an interest in as well as certain types of income 

“received during the current election cycle.”20 Admittedly, a gift or loan would not count as 

personal funds when “made by any person for the purpose of influencing any election for Federal 

office,”21 but that is not what happened here. To decide differently would subject every 

15 Indeed, as the Commission noted in that AO, the candidate committee’s reports show contributions and 

expenditures received in April and June 1977, meaning that the committee was aware of the candidate’s status 

during this time period. Id. at 2. 16 MUR 5141 (Moran for Congress), Statement of Reasons at 2. 17 Id. at 3. 18 Id. (citing 11 C.F.R. 113.1(g)(6)). 19 Id. (“The Commission has considered several factors in supporting its conclusions when addressing the status of 

third party payments: whether receipt of funds for living expenses would free-up other funds of the candidate for 

campaign purposes; whether the candidate would have more time to spend on the campaign instead of pursuing his 

or her usual employment, and whether the funds would not have been donated but for the candidacy”). 20 11 C.F.R 100.33 (defining “personal funds”), 110.10 (allowing candidates to make unlimited expenditures from 

personal funds).

21 11 C.F.R. 100.52. 

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candidate to an untenable position: either do not accept any loans to fund car payments, home 

purchases, your own education, or other large transactions that require similar liabilities, or be 

completely barred from contributing personal funds to your own campaign. 

Conclusion 

As described above, the loans, in the form of tuition payments, at issue here were made 

well before Mr. Lafazan had the intent to run for federal office. In addition, the payments always 

went directly from the Lawrences to the University of Pennsylvania, not to Mr. Lafazan. Because 

the payments were made prior to Mr. Lafazan’s consideration of a federal candidacy, and were

not made to influence a federal election, the payments were made irrespective of Mr. Lafazan’s 

candidacy. Consequently, the payments do not constitute excessive contributions. Accordingly, 

the Commission should vote to find no reason to believe that any violation of the Act or 

Commission regulations occurred. 

If you have any questions regarding this Response, my daytime number is (202) 479-

1111. My email address is reiff@sandlerreiff.com. 

 

Sincerely,

Neil P. Reiff 

Aaron Barden

Counsel to Joshua Lafazan, Lafazan for 

Congress, and Alex Leibson, Treasurer

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This Promissory Nace (hereinafter chis "Note"') i made a of1J1e 25ch day of eplcmbcr. 2020. by 

Joshua Lafazan residing al ' ...,.,, """1(hereinafler referred to a the "Borrower") 

in favor of Bryan H. Lawrence and Elizabeth b Lawrfnce or their succe or or a ign (hereinafter 

collectively referred to as the "Lender") a married couple having an addrcs at 

, New York, New York 10065. 

For value received, the Borrower hereby promise to pay to the Lender at the addre et forth 

above or at such other place a may be des\g.llated in writiiw by the holder of thi ote, the princ~oal sum 

of Twenty Three Thousand One Hundred and Sixteen and 00/100 Dollars ($23, 11 6.00) (11ercinafler 

referred lo as the "principal") with interest accruing at the rate of two percent (2%) per annum 

compounded annually on the unpaid balance of this Note from the date of this ate until all principal ha 

been paid. 

The first payment of principal and interest in the amount of Four Hundred and Five Dollars and 

17/ 100 Dollars ($405.17) shall be due and payable on October I, 2025 and a payment in the amc 

amoum sliall 'oe aue ana paya1:i1e on t/Je ·1 st aay of eac'11 su'tJsequenc mont'n for rue next sixcy monchs. The 

entire unpaid principal plus any accrued interest or amounts not previou ly paid shall be paid on 

September I, 2030 (herein referred to as the "Maturiry Date".) 

The principal of this Note may be prepaid at any time in whole without penalty; however, no 

partial prepayment shall be allowed or accepted in aa amount less than Five Thousand and 00/100 Doi lar 

($5,000.00). 

Any payment wnicfl is not paicf within fifteen (f5J cfays after it is cfue, wnetner at statecf maruriry, 

by acceleration or otherwise, shall bear interest from the date when due until said amount is paid in full, 

payable on demand at seven percent (7%) per annum. 

If any payment required by this Note is not made within thirty days after its due date or if there is 

any other default under this Note, the Lender may immediately declare a default under this ote, and the 

full amount of all unpaid principal, interest and other amounts due under this Note shall be immediately 

due and payable. 

All parties to this Note, whether principal, surety, guaranry, or endorser hereby waive 

presentment for payment, demand, protest, notice of protest and uotice of dishonor. 

The Lender may exercise any right under this Note or under any law or in equity, even if Lender 

has delayed in exercising that right or has agreed in an earlier instance not to exercise that right. Lender 

does not waive its right lo declare a default under this Note in any instance unless such waiver is in 

writin_g si_gned by the Lender. 

This Note shall be governed by and construed and enforced in accordance with the laws of the 

State of New York (without giving effect to New York's principles of conflicts of law). 

Borrower hereby irrevocably agrees and consents that the courts in the State of New York shall 

have exclusive jurisdiction on any action or proceeding arising from or in connection with this Note, and, 

in furtherance of such agreement, Borrower hereby irrevocably agrees and consents that without limiting 

other methods of obtaining jurisdiction, personal jurisdiction over him in any such action or proceeding 

may be obtained within or without the jurisdiction of any court located in New York and that any process 

or notice of motion or other application to any such court in connection with any such action or 

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procee mg may be served upon r1im by registered mair to or by personal service ac /1 is lase known 

address, whether such address be within or without the jurisdiction of any such court. 

Should the indebtedness represented by this Note or any part thereof be collected at law or in 

equity, or in bankruptcy, receivership or any other court proceeding (whether at the trial or appellate 

level), or should this Note be placed in the hands of attorneys for collection upon default, Borrower 

agrees to pay, in addition to the principal, interest and other sums due and payable hereon, all costs or 

rolkctll\g. or alli:IJ\OU(\g to collect this Note,.. includiiw. reasonable attorney's fees and cx,oenses. 

Anything to the contrary notwithstanding, the obligations of the Borrower under this Note shall 

be subject to the limitation that payment of interest shall not be required to the extent that receipt of such 

payment by Lender would be contrary to provisions of law applicable to Lender limiting the maximum 

rate of interest that may be charged or collected by Lender. 

This Note may not be changed orally, but only by an agreement in writing and signed by the party 

a~t whnm enforcement ofan'\/ waiver.,c~modifica.tion.,or dischar~ is sow:)JL 

Borrower agrees that Lender shall disburse the loan proceeds directly to the University of 

Pennsylvania in connection with Borrower's enrollment in the School's Chief Learning Officer Doctorate 

Program. 

Borrower agrees that Lender may rely on a pdf or other electronic transmission of the signed Note 

and that same shall be deemed to be original. 

In Witness Whereof, Borrower has executed an ote as of the date first wrinen 

above. 

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This Promissory Note (hereinafter this “Note”) is made as of the 1st day of June , 2021, by Joshua 

Lafazan residing at NY 11797 (hereinafter referred to as the “Borrower”) in 

favor of Bryan H. Lawrence and Elizabeth D. Lawrence or their successors or assigns (hereinafter 

collectively referred to as the “Lender”) a married couple having an address at 

 New York, New York 10065.

For value received, the Borrower hereby promises to pay to the Lender at the address set forth 

above or at such other place as may be designated in writing by the holder of this Note, the principal sum 

of Twenty Four Thousand Nine Hundred and Seventy and 00/100 Dollars ($24,970.00) (hereinafter 

referred to as the “principal”) with interest accruing at the rate of two percent (2%) per annum 

compounded annually on the unpaid balance of this Note from the date of this Note until all principal has 

been paid. 

The first payment of principal and interest in the amount of Four Hundred and Thirty-Seven 

Dollars and 67/100 Dollars ($437.67) shall be due and payable on July 1, 2026 and a payment in the same 

amount shall be due and payable on the 1st day of each subsequent month for the next sixty months. The 

entire unpaid principal plus any accrued interest or amounts not previously paid shall be paid on June 1, 

2031 (herein referred to as the “Maturity Date”.)

The principal of this Note may be prepaid at any time in whole without penalty; however, no 

partial prepayment shall be allowed or accepted in an amount less than Five Thousand and 00/100 Dollars 

($5,000.00).

Any payment which is not paid within fifteen (15) days after it is due, whether at stated maturity, 

by acceleration or otherwise, shall bear interest from the date when due until said amount is paid in full, 

payable on demand at seven percent (7%) per annum.

If any payment required by this Note is not made within thirty days after its due date or if there is 

any other default under this Note, the Lender may immediately declare a default under this Note, and the 

full amount of all unpaid principal, interest and other amounts due under this Note shall be immediately 

due and payable.

All parties to this Note, whether principal, surety, guaranty, or endorser hereby waive presentment 

for payment, demand, protest, notice of protest and notice of dishonor.

The Lender may exercise any right under this Note or under any law or in equity, even if Lender 

has delayed in exercising that right or has agreed in an earlier instance not to exercise that right. Lender 

does not waive its right to declare a default under this Note in any instance unless such waiver is in 

writing signed by the Lender.

This Note shall be governed by and construed and enforced in accordance with the laws of the 

State of New York (without giving effect to New York’s principles of conflicts of law).

Borrower hereby irrevocably agrees and consents that the courts in the State of New York shall 

have exclusive jurisdiction on any action or proceeding arising from or in connection with this Note, and, 

in furtherance of such agreement, Borrower hereby irrevocably agrees and consents that without limiting 

other methods of obtaining jurisdiction, personal jurisdiction over him in any such action or proceeding 

may be obtained within or without the jurisdiction of any court located in New York and that any process 

or notice of motion or other application to any such court in connection with any such action or 

proceeding may be served upon him by registered mail to or by personal service at his last known 

address, whether such address be within or without the jurisdiction of any such court.

Should the indebtedness represented by this Note or any part thereof be collected at law or in 

equity, or in bankruptcy, receivership or any other court proceeding (whether at the trial or appellate 

level), or should this Note be placed in the hands of attorneys for collection upon default, Borrower 

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agrees to pay, in addition to the principal, interest and other sums due and payable hereon, all costs of 

collecting or attempting to collect this Note, including reasonable attorney’s fees and expenses.

Anything to the contrary notwithstanding, the obligations of the Borrower under this Note shall 

be subject to the limitation that payment of interest shall not be required to the extent that receipt of such 

payment by Lender would be contrary to provisions of law applicable to Lender limiting the maximum 

rate of interest that may be charged or collected by Lender.

This Note may not be changed orally, but only by an agreement in writing and signed by the party 

against whom enforcement of any waiver, change, modification, or discharge is sought.

Borrower agrees that Lender shall disburse the loan proceeds directly to the University of 

Pennsylvania in connection with Borrower’s enrollment in the School’s Chief Learning Officer Doctorate 

Program.

Borrower agrees that Lender may rely on a pdf or other electronic transmission of the signed Note 

and that same shall be deemed to be original. 

In Witness Whereof, Borrower has executed and delivered this Note as of the date first written 

above.

____________________

Joshua Lafazan

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