IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

THE PATRIOTS FOUNDATION

4020 121st Street

Urbandale, Iowa 50323,

Plaintiff,

v.

FEDERAL ELECTION COMMISSION

1050 First Street, NE

Washington, DC 20463,

Defendant.

Civil Action No. _______________

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

INTRODUCTION

1. This is an action under the Federal Election Campaign Act (“FECA” or the “Act”), 

52 U.S.C. § 30109(a)(8)(A), for unlawful agency delay.

2. Plaintiff, The Patriots Foundation (hereinafter “Plaintiff” or “TPF”), seeks 

injunctive and declaratory relief to compel Defendant Federal Election Commission (“FEC”) to 

take action on Plaintiff’s Administrative Complaint alleging violations of FECA and 

corresponding FEC regulations governing contribution limits, contribution source prohibitions, 

and political committee reporting provisions.

3. Plaintiff filed an administrative complaint with the FEC on April 8, 2020, alleging

that Media Matters for America, American Bridge 21st Century Foundation, American Bridge 21st

Century PAC, Correct the Record PAC, and David Brock (together, the “Administrative 

Respondents”) violated various FECA provisions establishing contribution limits, contribution 

source prohibitions, and public disclosure and reporting requirements by making or receiving

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 1 of 11
excessive or prohibited and unreported in-kind contributions to one another by coordinating their 

activities with one another. Ex. 1, Admin. Compl. at 11-15.

1

 The FEC acknowledged receipt of 

Plaintiff’s Administrative Complaint on April 8, 2020, by letter dated April 13, 2020, and informed 

Plaintiff that the FEC had “numbered this matter MUR 7726.” Ex. 2.

4. Plaintiff’s Administrative Complaint asked the FEC to find that the Administrative 

Respondents violated 2 U.S.C. § 30104: (1) when American Bridge 21st Century PAC and Correct 

the Record PAC failed to report uncompensated services received from Media Matters For 

America; and (2) when American Bridge 21st Century Foundation made unreported in-kind 

contributions to American Bridge 21st Century PAC. Plaintiff’s Administrative Complaint further 

asked the FEC to find that the Administrative Respondents violated 2 U.S.C. § 30116 when Correct 

the Record PAC and American Bridge 21st Century PAC made prohibited contributions to Hillary 

Clinton’s 2016 presidential campaign and when American Bridge 21st Century PAC made 

prohibited in-kind contributions to a variety of Democratic campaigns. Finally, Plaintiff’s 

complaint also asked the FEC to conduct an investigation to determine whether a violation had 

occurred. Ex. 1, Admin. Compl. at 12-16.

5. The Act provides administrative complainants with a cause of action against the 

FEC if the agency fails to act on an administrative complaint within 120 days. 52 U.S.C. § 

30109(a)(8)(A).

6. More than 120 days have passed since Plaintiff filed its administrative complaint,

and the FEC has taken no action on that complaint. Except for a brief period from June 5, 2020,

to July 3, 2020, the FEC has lacked a quorum of four Commissioners and is unable to conduct 

1 The Exhibits to the Administrative Complaint have not been included due to the ECF systems file size limitations. 

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 2 of 11
most agency business, including voting to take action on administrative complaints. The lack of a 

quorum does not toll the 120-day time period under 52 U.S.C. § 30109(a)(8)(A). 

7. Plaintiff has suffered an injury-in-fact by being deprived of full disclosure of the 

activities undertaken by the Administrative Respondents and other information regarding the 

nature of the ongoing relationships among the Administrative Respondents. Plaintiff lacks

information, for instance, about: (i) Media Matters for America’s unreported and/or unlawful 

contributions to Correct the Record PAC, American Bridge 21st Century PAC, and Hillary for 

America, Hillary Clinton’s 2016 campaign; (ii) whether American Bridge 21st Century PAC 

accurately reported payments received from American Bridge 21st Century Foundation; and (iii) 

Correct the Record PAC’s and American Bridge 21st Century PAC’s unreported in-kind 

contributions to Hillary for America. This is information to which Plaintiff is legally entitled under 

FECA and which the FEC should determine must be disclosed. 

JURISDICTION AND VENUE

8. This Court has both subject matter jurisdiction over this action and personal 

jurisdiction over the parties pursuant to 52 U.S.C. § 30109(a)(8)(A). This Court also has 

jurisdiction over this action pursuant to 28 U.S.C. § 1331.

9. Venue lies in this district under 52 U.S.C. § 30109(a)(8)(A).

10. Plaintiff has Article III standing to bring this suit as it has suffered an injury-in-fact 

in the form of deprivation of information that is required to be disclosed under FECA. See FEC 

v. Akins, 524 U.S. 11, 21 (1998) (“[A] plaintiff suffers an ‘injury in fact’ when the plaintiff fails to 

obtain information which must be publicly disclosed pursuant to a statute”).

THE PARTIES

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 3 of 11
11. TPF is a nonpartisan, nonprofit organization that serves as a watchdog to promote 

open and transparent government while monitoring the activities of policymakers and actors within 

the policy arena. TPF seeks to shine light on the workings of the federal government and to 

promote accountability of elected, appointed, and employed government officials as well as 

candidates for public office.

12. As part of its efforts, TPF uses public disclosure reports that are required to be filed 

with the FEC to educate the public about campaign spending and the true sources and scope of 

candidates’ financial support so that the public may fully evaluate candidates for public office. 

TPF relies on the accurate and complete reporting of campaign finance information to carry out 

this activity which is central to its mission.

13. Further, TPF files FEC complaints requesting that enforcement actions be taken 

against individuals and organizations that violate federal campaign finance law. The Patriots 

Foundation uses its analysis of federal campaign finance disclosure information to supports its 

activities before the FEC.

14. When public disclosure reports that are required to be filed with the FEC are 

incomplete, inadequate, or inaccurate, it obstructs TPF’s ability to carry out these activities, among 

others, in furtherance of its mission. When TPF is forced to file an administrative complaint in 

the hopes of rectifying the situation, the organization must divert resources and funds from other 

organizational operations.

15. Defendant FEC is an independent federal agency charged with the administration 

and civil enforcement of FECA. 52 U.S.C. § 30106(b).

BACKGROUND

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 4 of 11
16. David Brock is a Democratic political operative and consultant who establishes, 

oversees, and operates a collection of related entities that share the common goal of electing 

Democratic candidates. These related entities include: Media Matters for America; American 

Bridge 21st Century PAC; American Bridge 21st Century Foundation; and Correct the Record PAC. 

Ex. 1, Admin. Compl. at 2.

17. In August 2003, Brock established Media Matters for America as an incorporated, 

tax-exempt Section 501(c)(3) organization. During the 2015-2016 period, Media Matters for 

America took direction from, and performed work in coordination with, Hillary for America. Id.

at 3. TPF’s Administrative Complaint alleged that this work constituted an unreported and 

prohibited corporate in-kind contribution in the form of media services from Media Matters for 

America to Hillary for America, which Hillary for America was required to include on public 

disclosure reports filed with the FEC.

18. American Bridge 21st Century PAC is an independent expenditure-only committee 

(i.e., “Super PAC”) founded by Brock in 2010.

19. American Bridge 21st Century Foundation was established as a Section 501(c)(4) 

organization and serves as an advocacy arm of American Bridge 21st Century PAC.

20. American Bridge 21st Century PAC and American Bridge 21st Century Foundation 

share staff, office space, and equipment, and American Bridge 21st Century Foundation regularly 

reimburses American Bridge 21st Century PAC for a share of these expenses. Id. at 5. 

21. According to public filings submitted to the Internal Revenue Service and FEC, 

Media Matters for America, Correct the Record PAC, American Bridge 21st Century PAC, and 

American Bridge 21st Century Foundation all share office space located at 455 Massachusetts 

Avenue, NW, Washington, DC 20001. 

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 5 of 11
22. In recent audited financial statements, American Bridge 21st Century Foundation 

acknowledged that there is no formal agreement relating to the allocation of expenses between the 

two entities, and that allocations are made based on management and budget estimates. At the end 

of 2016, 2017, and 2018, American Bridge 21st Century Foundation reported that it did not fully 

repay American Bridge 21st Century PAC for its share of expenses. Id.

23. TPF’s Administrative Complaint alleged that insofar as the amounts paid to 

American Bridge 21st Century PAC by American Bridge 21st Century Foundation were estimates 

rather than actual costs, the amounts reported to the FEC by American Bridge 21st Century PAC 

were inaccurate and do not accurately disclose the financial activity or financial relationship 

between the two entities.

24. Correct the Record PAC has publicly acknowledged that it worked in concert with 

Hillary for America during the 2016 presidential election period. Id. at 6.

25. During 2016, American Bridge 21st Century PAC purported to make independent 

expenditures in support of Hillary Clinton. However, David Brock received a salary from both 

American Bridge 21st Century PAC and Correct the Record PAC, which openly coordinated with 

Hillary for America. American Bridge 21st Century PAC and Correct the Record PAC also shared 

at least seven staff members in 2016, and American Bridge 21st Century PAC reported making inkind disbursements to Correct the Record PAC in 2016. 

26. Plaintiff’s Administrative Complaint alleged that American Bridge 21st Century 

PAC’s close relationship with Correct the Record PAC, which Brock described as “a surrogate 

arm” of the Clinton campaign, defeats the possibility that American Bridge 21st Century PAC 

operated independently of the Clinton campaign. The lack of actual independence of American 

Bridge 21st Century PAC from Hillary for America means that American Bridge 21st Century 

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 6 of 11
PAC’s expenditures in support of Hillary Clinton’s election were misreported as independent 

expenditures and should have been reported by Hillary for America as in-kind contributions. 

27. TPF’s Administrative Complaint alleged that David Brock’s network of 

organizations work in tandem to achieve the common goal of electing Democrats to office, and in 

doing so, they coordinate and share resources and work product across the network of 

organizations. Ex. 1, Admin. Compl. at 2-8.

28. TPF’s Administrative Complaint details multiple and ongoing instances of 

unreported in-kind contributions made and received among Brock’s organizations, including to 

and from political committees that are subject to FECA-based reporting and disclosure 

requirements.

29. FECA defines the term “contribution” to include “any gift, subscription, loan, 

advance, or deposit of money or anything of value made by any person for the purpose of 

influencing any election for Federal office.” 52 U.S.C. § 30101(8)(A)(i); 11 C.F.R. § 100.52.

30. “Anything of value” includes “the provision of any goods or services without 

charge or at a charge that is less than the usual and normal charge for such goods or services.” 11 

C.F.R. § 100.52(d)(1).

31. “Expenditures made by any person in cooperation, consultation, or concert, with, 

or at the request or suggestion of, a candidate, his authorized political committees, or their agents, 

shall be considered to be a contribution to such candidate.” 52 U.S.C. § 30116(a)(7)(B)(i); see 

also 11 C.F.R. §§ 109.20, 109.21.

32. Unless otherwise exempted, “the provision of any goods or services without charge 

or at a charge that is less than the usual and normal charge for such goods or services is a 

contribution.” 11 C.F.R. § 100.52(d)(1). 

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 7 of 11
33. In-kind contributions are subject to the same source prohibitions and amount 

limitations as ordinary contributions. 52 U.S.C. § 30116(a)(1)(A).

34. Corporations are prohibited from making contributions to federal candidates, 

federal political committees, and federal party committees. 52 U.S.C. § 30118(a).

35. Political committees must file public disclosure reports with the FEC which include 

details regarding all disbursements made and all contributions received, including in-kind 

contributions. 52 U.S.C. § 30104(b); 11 C.F.R. Part 104.

ADMINISTRATIVE PROCEEDINGS

36. On April 8, 2020, The Patriots Foundation, through its President, Craig Robinson, 

filed an administrative complaint with the FEC against Media Matters for America, American 

Bridge 21st Century Foundation, American Bridge 21st Century PAC, Correct the Record PAC, 

and David Brock, alleging violations of FECA pertaining to contribution limits, source 

prohibitions, and political committee reporting requirements set forth at 52 U.S.C. §§ 30104, 

30116, and 30118 and corresponding FEC regulations.

37. By letter dated April 13, 2020, the FEC acknowledged receipt of the administrative 

complaint filed by TPF. The matter was designated by the FEC as MUR 7726.

38. Upon information and belief, the FEC has failed to act on TPF’s Administrative 

Complaint against the Administrative Respondents, which has been pending now for more than 

120 days. 

CAUSE OF ACTION 

FECA, 52 U.S.C. § 30109(a)(8)(A)

39. Plaintiff repeats and realleges paragraphs 1 – 38 as if fully stated herein.

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 8 of 11
40. The FEC’s failure to act on TPF’s administrative complaint is contrary to law under 

52 U.S.C. § 30109(a)(8)(A), which provides that “[a]ny party aggrieved ... by a failure of the 

Commission to act on such complaint during the 120-day period beginning on the date the 

complaint is filed, may file a petition with the United States District Court for the District of 

Columbia.”

41. More than 120 days have passed since the filing of the administrative complaint. 

42. TPF seeks injunctive and declaratory relief to compel the FEC to take action on 

TPF’s Administrative Complaint alleging violations of FECA and corresponding FEC regulations 

governing contribution limits, contribution source prohibitions, and political committee reporting 

provisions.

43. Due to the illegal inaction by the FEC, TPF is being deprived of full disclosure of 

the activities undertaken by the Administrative Respondents and other information regarding the 

nature of the ongoing relationships among the Administrative Respondents.

REQUESTED RELIEF

WHEREFORE, Plaintiff requests that this Court:

(1) Declare that the FEC’s failure to act on TPF’s Administrative Complaint is contrary to law 

under 52 U.S.C. § 30109(a)(8)(A);

(2) Order the FEC to conform with such declaration within 30 days pursuant to 52 U.S.C. § 

30109(a)(8)(C);

(3) Award TPF its costs and reasonable attorneys’ fees incurred in this action;

(4) Grant such other relief the Court may deem just and proper.

Date: August 13, 2020 Respectfully submitted,

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 9 of 11
/s/Jason Torchinsky

Jason Torchinsky (D.C. Bar No. 976033)

jtorchinsky@hvjlaw.com

J. Michael Bayes (D.C. Bar No. 501845)

jmbayes@hvjlaw.com 

Jonathan P. Lienhard (D.C. Bar No. 474253)

jlienhard@hvjt.law

HOLTZMAN VOGEL JOSEFIAK TORCHINSKY 

PLLC

45 North Hill Drive, Suite 100

Warrenton, VA 20186

Tel: (540) 341-8808

Fax: (540) 341-8809

Counsel for Plaintiff The Patriots Foundation

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 10 of 11
CERTIFICATE OF SERVICE

I certify that the foregoing complaint will be served as soon as the summons is available 

on the following persons by certified mail, return receipt requested, and that a courtesy copy will 

be emailed to Kevin Deeley, FEC’s Associate General Counsel for Litigation, at kdeeley@fec.gov:

General Counsel

Federal Election Commission

1050 First Street Northeast

Washington, DC 20463

And

Attorney General William Barr

c/o Assistant U.S. Attorney of Administration

Justice Management Division

950 Pennsylvania Ave. NW

Room 1111

Washington, D.C. 20530

And

Michael R. Sherwin

Acting United States Attorney for the District of Columbia

Civil Process Clerk

555 4th St. N.W.

Washington, D.C. 20530

/s/Jason Torchinsky

Jason Torchinsky

Case 1:20-cv-02229 Document 1 Filed 08/13/20 Page 11 of 11