VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

Tiffany Muller March 7, 2024 

End Citizens United 

100 M Street SE 

Washington, DC 20003 

 RE: MUR 8129 

Dear Ms. Muller: 

On March 6, 2024, the Federal Election Commission reviewed the allegations in your 

Complaint received April 18, 2023, and on the basis of the information provided in the 

Complaint and information provided by the respondent, determined to exercise its prosecutorial 

discretion to dismiss the allegations contained in the Complaint. Accordingly, the Commission 

closed the file 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). A copy of the General Counsel’s Report, which more fully explains the 

Commission’s finding, is enclosed. 

 

The Federal Election Campaign Act of 1971, as amended, allows a complainant to seek 

judicial review of the Commission’s dismissal of this action. See 52 U.S.C. § 30109(a)(8). If 

you have any questions, please contact Justine A. di Giovanni, the attorney assigned to this 

matter, at (202) 694-1650. 

 Sincerely, 

 Lisa J. Stevenson 

 Acting General Counsel 

 BY: Wanda D. Brown 

 Assistant General Counsel 

Enclosure: General Counsel’s Report 

MUR812900041
1 BEFORE THE FEDERAL ELECTION COMMISSION 

2 ENFORCEMENT PRIORITY SYSTEM 

3 DISMISSAL REPORT 

4 MUR 8129 Respondents: Marc for US Inc. and Lisa Lisker in her 

official capacity as treasurer1 5 

6 Molinaro for Dutchess 

7 Marcus J. Molinaro 

 8 

9 Complaint Receipt Date: Apr. 18, 2023 

10 Response Date: June 8, 2023 

11 EPS Rating:

12 Alleged Statutory and 

13 Regulatory Violations: 52 U.S.C. § 30104(b)(3) 

14 52 U.S.C. § 30125(e)(1)-(2) 

15 11 C.F.R. § 104.3(a)(4) 

16 11 C.F.R. § 110.3(d) 

17 11 C.F.R. § 300.61 

18 11 C.F.R. § 300.62 

19 The Complaint alleges that Marcus J. Molinaro, former County Executive for Dutchess 

20 County, New York, and 2022 candidate for the U.S. House of Representatives in New York’s 

21 Nineteenth District, as well as Marc for US Inc. and Lisa Lisker in her official capacity as treasurer 

22 (the “Federal Committee”), Molinaro’s principal campaign committee, and Molinaro for Dutchess 

23 (the “State Committee”), Molinaro’s committee for election as county executive, violated the 

24 Federal Election Campaign Act of 1971, as amended (the “Act”), by making and accepting 

25 prohibited transfers from the State Committee to the Federal Committee totaling $2,000, which the 

26 Federal Committee partially misreported, and by making, accepting, and failing to report prohibited 

in-kind contributions totaling $2,604.70 from the State Committee to the Federal Committee.2 27 

28 According to the Complaint, the State Committee made two prohibited $1,000 transfers to the 

1

 At the time of the events at issue here, Nicolas W. Joseph was the treasurer of Marc for US Inc. See Marc for 

US Inc., Statement of Organization at 1 (Sept. 17, 2021), https://docquery.fec.gov/pdf/449/202109179466713449/2021

09179466713449.pdf. Lisa Lisker became treasurer on March 9, 2023. Marc for US Inc., Amended Statement of 

Organization at 1 (Mar. 9, 2023), https://docquery.fec.gov/pdf/749/202303099578979749/202303099578979749.pdf. 

2

 Compl. at 1 (Apr. 18, 2023). 

MUR812900042
MUR 8129 (Marc for US, et al.) 

EPS Dismissal Report 

Page 2 of 5 

Federal Committee on October 1, 2021, and March 4, 2022.3 1 While the State Committee disclosed 

both transfers on its disclosure reports filed with the New York Board of Elections,4 2 the Federal 

3 Committee reported only a $1,000 contribution from Molinaro individually dated September 30, 

4 2021, and reported the second transfer from the State Committee with a date of March 31, 2022, 

and a memo entry stating “nonfederal — permissible funds.”5 5 In addition, the Complaint alleges 

6 that the State Committee made impermissible in-kind contributions to the Federal Committee in the 

7 form of $2,604.70 in various expenditures made for the Federal Committee’s benefit, including 

8 disbursements to MailChimp, Branding Pros, Constant Contact, Horizon Messaging Group, and 

Facebook for “Campaign Literature,” and to Hudson Valley Press for “Print Ads.”6 9 The Complaint 

10 alleges that, because the next election for county executive was over two years away, “there is no 

11 logical reason” for the State Committee to have made these payments for its own benefit and that it 

is “more likely” that the payments were made to benefit the Federal Committee.7 12 

13 Molinaro, the Federal Committee, and the State Committee submitted a joint Response, 

14 supported by the sworn statements of Molinaro and the Federal Committee’s former treasurer, 

3

 Id. at 2-3. 

4

 Id.; see Candidate/Committee Disclosures Search, N.Y. STATE BD. OF ELECTIONS, https://publicreporting.

elections.ny.gov/CandidateCommitteeDisclosure/CandidateCommitteeDisclosure (search by committee for “Molinaro 

for Dutchess,” then navigate to the 2022 January Periodic Itemized Amended State/Local report; search “Marc for US”) 

(last visited Feb. 12, 2024) (reflecting $1,000 expenditure to Marc for US dated October 1, 2021); Candidate/Committee 

Disclosures Search, N.Y. STATE BD. OF ELECTIONS, https://publicreporting.elections.ny.gov/CandidateCommittee

Disclosure/CandidateCommitteeDisclosure (search by committee for “Molinaro for Dutchess,” then navigate to the 

2022 July Periodic Itemized State/Local report; search “Marc for US”) (last visited Feb. 12, 2024) (reflecting $1,000 

expenditure to Marc for US dated March 4, 2022). 

5

 Compl. at 2-3; see Marc for US Inc., 2021 October Quarterly Report, sched. A at 113 (Oct. 15, 2021), https://

docquery.fec.gov/pdf/784/202110159467779784/202110159467779784.pdf (reporting $1,000 contribution from 

“Molinaro, Marcus J.” dated September 30, 2021); Marc for US Inc., 2022 April Quarterly Report, sched. A at 204 

(Apr. 15, 2022), https://docquery.fec.gov/pdf/122/202204159496519122/202204159496519122.pdf (reflecting $1,000 

contribution from Molinaro for Dutchess dated March 31, 2022). The Complaint surmises that the September 30, 2021 

contribution from Molinaro of $1,000 is likely a misreporting of the October 1, 2021 transfer from the State Committee 

to the Federal Committee of $1,000, rather than a separate contribution from Molinaro individually. Compl. at 4 (“The 

close proximity of the State Committee’s $1,000 contribution and the $1,000 contribution that the Federal Committee 

reports as coming from Mr. Molinaro’s personal funds suggests that the Federal Committee misreported the 

contribution on its FEC reports.”). 

6

 Compl. at 3, 4-5; id., Ex. A. 

7

 Compl. at 5. 

MUR812900043
MUR 8129 (Marc for US, et al.) 

EPS Dismissal Report 

Page 3 of 5 

which addresses each of the allegations in the Complaint.8 1 First, with respect to the initial $1,000 

2 transfer from the State Committee to the Federal Committee, the Response states and Molinaro 

3 attests that he intended to make an individual contribution to the Federal Committee with his own 

4 funds, but that the online contribution form automatically populated with the information associated 

5 with the State Committee’s debit card, and that the Federal Committee mistakenly accepted the 

transfer from the State Committee believing that it had come from Molinaro individually.9 6 Second, 

7 regarding the subsequent transfer of $1,000 from the State Committee to the Federal Committee, the 

Response states only that the Federal Committee “accepted it in error.”10 8 On June 8, 2023, the 

Federal Committee refunded $2,000 to the State Committee.11 9 The Federal Committee has not 

10 amended its disclosure reports filed with the Commission regarding the source of the initial $1,000 

contribution or the date12 11 and memo entry associated with the second $1,000 contribution. 

12 Third, regarding the alleged in-kind contributions by the State Committee to the Federal 

13 Committee, the Federal Committee states and the former treasurer attests that, with the exception of 

14 the total $721.20 paid to MailChimp (of which $223.82 was referenced in the Complaint), each of 

15 the disbursements enumerated in the Complaint were for bona fide state expenses associated with 

Molinaro’s role as a state officeholder and his active committee for reelection to that office.13 16 With 

17 respect to the MailChimp expenditures initially paid by the State Committee, the former treasurer 

18 avers that the Federal Committee “did make limited use of a MailChimp account belonging to [the 

8

 Resp. (June 8, 2023); id., Exs. A [hereinafter Molinaro Decl.], C [hereinafter Joseph Decl.]. 

9

 Resp. at 2; Molinaro Decl. ¶ 3. 

10 Resp. at 2.

11 Id.; Marc for US Inc., 2023 July Quarterly Report, sched. B at 205 (July 15, 2023), https://docquery.fec.

gov/pdf/366/202307159583523366/202307159583523366.pdf. 

12 The Response does not address why the March 4, 2022 transfer was reported by the Federal Committee as 

occurring on March 31, 2022. 

13 Resp. at 3-5; Joseph Decl. ¶¶ 3-6. 

MUR812900044
MUR 8129 (Marc for US, et al.) 

EPS Dismissal Report 

Page 4 of 5 

1 State Committee], and fully reimbursed [the State Committee] for the use in real time during the 

course of the campaign.”14 2 

3 Based on its experience and expertise, the Commission has established an Enforcement 

4 Priority System using formal, pre-determined scoring criteria to allocate agency resources and 

5 assess whether particular matters warrant further administrative enforcement proceedings. These 

6 criteria include (1) the gravity of the alleged violation, taking into account both the type of activity 

7 and the amount in violation; (2) the apparent impact the alleged violation may have had on the 

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

9 potential violations and other developments in the law. This matter is rated as low priority for 

10 Commission action after application of these pre-established criteria. Given that low rating, and the 

11 apparent low dollar amount involved, we recommend that the Commission dismiss the Complaint 

12 consistent with the Commission’s prosecutorial discretion to determine the proper ordering of its 

14 Joseph Decl. ¶ 6; see also Resp. at 4; Marc for US Inc., 2021 Year-End Report, sched. B at 122 (Jan. 31, 2022), 

https://docquery.fec.gov/pdf/071/202201319485882071/202201319485882071.pdf. 

MUR812900045
MUR812900046