UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 17-22643 COOKE/GOODMAN 

 

 ) 

FEDERAL ELECTION COMMISSION, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) 

 ) 

DAVID RIVERA, ) AMENDED COMPLAINT 

 ) 

 Defendant. ) 

 ) 

AMENDED COMPLAINT 

1. During the 2011-2012 federal election cycle, then-U.S. Congressman David 

Rivera secretly provided more than $55,000 of in-kind contributions to the primary election 

campaign of Justin Lamar Sternad in Florida’s 26th Congressional District, in violation of the 

Federal Election Campaign Act (“FECA” or “Act”) prohibition on contributions made in the 

name of another. Rivera directed an associate, Ana Sol Alliegro, to approach Sternad with the 

offer to help fund his campaign, to which Sternad agreed. Rivera then delivered cash to vendors 

providing services to the committee or arranged for cash he controlled to be delivered to vendors 

providing services to the campaign. Rivera concealed these in-kind contributions by paying 

vendors in cash to produce and distribute materials for Sternad’s campaign. Sternad’s disclosure 

reports failed to disclose the true source of the contributions, instead falsely stating that the 

contributions were loans from Sternad’s personal funds. Rivera took measures to conceal his 

involvement and the source of the contributions. The Rivera-supported Sternad campaign aided 

Rivera’s own election efforts by opposing Joe Garcia during his primary election. Garcia was 

the candidate Rivera was likely to — and did — ultimately face in the general election. To 

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remedy these violations, the Federal Election Commission (“Commission” or “FEC”) seeks a 

declaration that Rivera violated 52 U.S.C. § 30122 by knowingly and willfully making 

contributions in the name of another to Sternad’s campaign, an appropriate civil penalty against 

Rivera, and a permanent injunction against future similar violations by Rivera.

JURISDICTION AND VENUE 

2. This action seeks civil penalties, declaratory, injunctive, and other appropriate 

relief pursuant to the authority granted by Congress to the Federal Election Commission in the 

Federal Election Campaign Act, codified at 52 U.S.C. §§ 30101-146 (formerly codified at 

2 U.S.C. §§ 431-457).1

3. This Court has jurisdiction over this suit pursuant to 28 U.S.C. § 1345 as an action 

brought by an agency of the United States expressly authorized to sue by an act of Congress. 

52 U.S.C. §§ 30107(a)(6), 30109(a)(6)(A). 

4. Venue is properly found in the United States District Court for the Southern 

District of Florida pursuant to 28 U.S.C. § 1391(b) and 52 U.S.C. § 30109(a)(6)(A), because 

defendant is found, resides, and transacts business in this district and a substantial part of the acts 

or omissions giving rise to this action occurred in this district. 

THE PARTIES 

5. Plaintiff Federal Election Commission is the independent agency of the United 

States government with exclusive jurisdiction over the administration, interpretation, and civil 

enforcement of FECA. See 52 U.S.C. §§ 30106(b)(1), 30107(a), 30109. The Commission is 

authorized to institute investigations of possible violations of the Act, id. § 30109(a)(1)-(2), and 

                                                            

1 On September 1, 2014, FECA’s provisions were moved from Title 2 of the United States 

Code to the newly created Title 52. The alleged violations and many of the administrative 

actions in this matter occurred prior to this change. A full transfer table is available at 

http://uscode.house.gov/editorialreclassification/t52/Reclassifications_Title_52.html. 

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to initiate civil actions in the United States district courts to obtain judicial enforcement of the 

Act, id. §§ 30107(e), 30109(a)(6). 

6. Defendant David Rivera is a Florida resident and was a United States 

Congressman representing Florida’s 25th Congressional District from January 2011 through 

January 2013. In 2012, Rivera unsuccessfully ran for re-election as the Republican candidate to 

represent Florida’s redrawn 26th Congressional District. Rivera had served multiple terms as a 

Florida state legislator prior to his term as a Congressman. In March 2017, Rivera filed 

paperwork with the Florida Division of Elections as a candidate in 2018 for election to represent 

Florida’s 105th House District. Rivera did not qualify for the ballot in that Florida house race. 

However, public records show that in the months following that filing as a candidate, Rivera 

made contributions to his campaign and received contributions totaling $254,900. Rivera 

himself loaned the campaign $150,000. 

RELEVANT STATUTORY AND REGULATORY PROVISIONS 

7. FECA provides that “[n]o person shall make a contribution in the name of another 

person.” 52 U.S.C. § 30122 (formerly 2 U.S.C. § 441f). The Act defines “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” or “the payment by any 

person of compensation for the personal services of another person which are rendered to a 

political committee without charge for any purpose.” 52 U.S.C. § 30101(8)(A)(i)-(ii). 

8. This prohibition against contributions in the name of another is also set forth in a 

Commission regulation, 11 C.F.R. § 110.4(b)(1)(i). 

9. The Act authorizes a United States district court to order a defendant who has 

knowingly and willfully made contributions in the name of another in violation of 52 U.S.C. 

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§ 30122 to pay a civil penalty. During the 2011-2012 election cycle, the Act provided that the 

civil penalty for such a violation may not be less than 300% of the contributions involved in the 

violation and may not be more than the greater of $60,000 or 1,000% of the contributions 

involved in the violation. 52 U.S.C. § 30109(a)(6)(C); 11 C.F.R. § 111.24(a)(2)(ii). 

10. The Act also authorizes a United States district court to order a defendant who has 

violated FECA, but has not done so knowingly and willfully, to pay a civil penalty. During the 

2012 election cycle, the Act provided that the civil penalty for such a violation shall not exceed 

the greater of $7,500 or an amount equal to any contribution involved in the violation. 52 U.S.C. 

§ 30109(a)(6)(B); 11 C.F.R. § 111.24(a)(1). 

11. In addition to imposing civil penalties, FECA authorizes a United States district 

court to “grant a permanent or temporary injunction, restraining order, or other order” against 

any defendant who has violated the Act. 52 U.S.C. § 30109(a)(6)(B). 

FACTUAL BACKGROUND 

12. David Rivera was a Congressman representing Florida’s 25th Congressional 

District from January 2011 through January 2013. In 2012, Rivera ran for reelection as the 

Republican candidate to represent Florida’s redrawn 26th Congressional District and lost to 

Democrat Joe Garcia. Garcia became the Democratic candidate in the 2012 general election 

after defeating three other candidates in the Democratic primary, including Justin Lamar Sternad. 

13. During the Democratic primary, Rivera secretly provided cash to vendors who 

provided services for Sternad’s primary campaign. Between July and August 2012, Sternad and 

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his principal campaign committee (the “Sternad Committee”),2 received the following in-kind 

contributions from Rivera: 

Approximate Date of 

Contribution

Amount of 

Contribution Form of Payment Payment 

Recipient 

July 14-15, 2012 $2,600 Currency Graphic Designer 

July 23, 2012 $10,000 Currency Expert Printing 

July 17-24, 2012 $15,901.35 Currency Rapid Mail 

August 2, 2012 $5,000 Currency Expert Printing 

August 2-8, 2012 $22,100 Currency Rapid Mail 

Total 55,601.35 

14. In April 2012, Rivera met with Ana Sol Alliegro to seek her assistance in 

providing financial support to Sternad’s primary campaign through funds Rivera would supply. 

Rivera directed Alliegro to approach Sternad with an offer of Rivera helping to fund Sternad’s 

campaign. 

15. On or about April 24, 2012, Alliegro spoke with Sternad and offered to transmit 

Rivera’s funds to Sternad’s campaign, to which Sternad agreed. At Rivera’s direction, Alliegro 

then spent the next few months serving as an intermediary transmitting funds from Rivera to the 

vendors providing services to the Sternad Committee. 

16. Rivera coordinated and funded the production and distribution of campaign 

materials for the Sternad Committee. He concealed his in-kind contributions to the Sternad 

Committee by delivering cash himself or through intermediaries, to vendors providing services 

to the Committee. To further his contributions, with Alliegro’s help, Rivera hired vendors for 

the Sternad Committee that he had used for his previous campaigns. This included Inkpressions, 

Inc., d/b/a Expert Printing & Graphics (“Expert Printing”) for designing the flyers, Campaign 

                                                            

2

 On or about July 10, 2012, Sternad re-designated his principal campaign committee from 

“Justin Sternad for Congress” to “Lamar Sternad for Congress.” This complaint refers to both as 

the Sternad Committee. 

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Data, Inc. for demographics research, and Rapid Mail & Computer Services (“Rapid Mail”) for 

mailing the flyers. 

17. Rivera worked with the vendors, separately and with Alliegro, to design and 

distribute materials for the Sternad campaign. Rivera attempted to conceal his contributions by 

providing undisclosed funds directly to the vendors. In one instance, Expert Printing put 

Rivera’s name on an invoice for services it provided to the Sternad Committee. In response, 

Rivera insisted that the vendor not use his name on the invoices. 

18. Rivera made five payments for in-kind contributions to the Sternad Committee 

through cash delivered to vendors. Rivera’s funds were hand-delivered to the vendors either by 

Rivera himself, by Ana Alliegro at his direction, or by the courier service Sunshine State 

Messenger Service. 

19. In or about July 2012, the owner of Rapid Mail asked Rivera about an outstanding 

payment for services Rapid Mail had performed for the Sternad Committee. Rivera instructed 

the owner to check his company mailbox, where the owner or a Rapid Mail employee found an 

envelope containing several thousand dollars in cash. 

20. Between May 2012 and August 2012, Sternad signed and mailed multiple 

disclosure reports to the FEC as the treasurer of the Sternad Committee. The reports failed to 

accurately disclose the source of the contributions described in paragraphs 13 to 19. Following 

instructions from Rivera that were conveyed by Alliegro, Sternad falsely reported the 

contributions as loans from his personal funds to the Sternad Committee. See, e.g., FEC, Report 

of Receipts and Disbursements (Lamar Sternad for Congress), 

http://docquery.fec.gov/pdf/334/12030871334/12030871334.pdf#navpanes=0 (2012 July 

Quarterly); FEC, Report of Receipts and Disbursements (Lamar Sternad for Congress), 

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http://docquery.fec.gov/pdf/268/12030880268/12030880268.pdf#navpanes=0 (2012 Pre-Primary 

Report purporting to disclose candidate loans). 

21. Sternad was criminally prosecuted for his role in the activity described in this 

complaint as well as other activity. United States v. Sternad, Case No. 1:13-CR-20108 (S.D. 

Fla). On March 15, 2013, Sternad pleaded guilty to the criminal charges. 

22. After Sternad’s guilty plea, Sternad amended his FEC disclosure reports to reflect 

that what had previously been reported as “loans from personal funds” had actually come in via 

contributions, and, in a cover letter to the FEC, Sternad explained the deposit of funds into his 

bank account were “coordinated” and payments were made directly to vendors, by “Ana Alliegro 

and/or David Rivera.” See FEC, Report of Receipts and Disbursements (Lamar Sternad for 

Congress), http://docquery.fec.gov/pdf/347/14031170347/14031170347.pdf (Amended 2012 

July Quarterly); FEC, Report of Receipts and Disbursements (Lamar Sternad for Congress) 

http://docquery.fec.gov/pdf/363/14031170363/14031170363.pdf (Amended 2012 Pre-Primary 

Report). 

23. Alliegro was also criminally prosecuted for her role in the activity described in 

this complaint as well as other activity. United States v. Alliegro, 14-20102-CR (S.D. Fla.). 

Court records in that case indicate that, during the criminal investigation, Rivera helped Alliegro 

flee the country, but she was arrested in Nicaragua and brought back to Florida. Alliegro 

pleaded guilty on August 19, 2014. 

24. Rivera made the contributions described in paragraphs 13 to 19 for the purpose of 

influencing the 2012 Democratic primary election for Florida’s 26th Congressional District and 

ultimately enhancing his own prospects in the 2012 general election. 

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25. Rivera made the contributions described in paragraphs 13 to 19 voluntarily and 

with an awareness that they were unlawful. 

ADMINISTRATIVE PROCEEDINGS 

26. On April 26, 2013, the Commission notified Rivera that it had received 

information in the normal course of carrying out its supervisory responsibilities indicating that 

Rivera may have violated provisions of the Act. The Commission’s letter provided Rivera with 

factual information known at the time and gave him the opportunity to respond. Rivera did not 

submit a written response. 

27. On September 10, 2013, the Commission voted 5-0 to find reason to believe that 

Rivera had knowingly and willfully violated 2 U.S.C. § 441f (now 52 U.S.C. § 30122) by 

making contributions in the name of another to Sternad’s primary campaign. The Commission 

notified Rivera of its reason-to-believe findings in a letter dated September 11, 2013, which 

attached the factual and legal analysis supporting the Commission’s determination. See 52 

U.S.C. § 30109(a)(2). 

28. On September 25, 2013, Rivera’s counsel responded to the Commission’s reasonto-believe letter, stating that Rivera denied violating the Act as alleged by the Commission. 

29. Following an investigation, the Commission’s General Counsel notified Rivera on 

April 28, 2017 that it was prepared to recommend that the Commission find probable cause to 

believe that Rivera knowingly and willfully violated 52 U.S.C. § 30122. The General Counsel 

also provided Rivera with a brief stating its position on the legal and factual issues of the matter, 

and it informed Rivera that he may file a brief stating his position on the issues and replying to 

the General Counsel’s brief. See 52 U.S.C. § 30109(a)(3). Rivera did not submit a written 

response. 

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30. After reviewing the available information, on June 1, 2017 the Commission voted 

5-0 to find probable cause to believe that Rivera had knowingly and willfully violated 52 U.S.C. 

§ 30122. See 52 U.S.C. § 30109(a)(3).

31. The Commission notified Rivera of its probable cause findings against him by 

letter dated June 2, 2017, which also enclosed a proposed conciliation agreement. The 

Commission then endeavored, for a period of not less than 30 days, to correct the violations 

through informal methods of conference, conciliation, and persuasion. See 52 U.S.C. 

§ 30109(a)(4)(A).

32. After the Commission was unable to secure an acceptable conciliation agreement 

with Rivera, on July 11, 2017 the Commission voted 5-0 to authorize filing this civil lawsuit 

against him. See 52 U.S.C. § 30109(a)(6).

33. The Commission has satisfied all of the jurisdictional requirements in FECA that 

are prerequisites to filing this action.

FIRST CAUSE OF ACTION 

34. Paragraphs 1 through 33, inclusive, are incorporated herein by reference.

35. Defendant David Rivera knowingly and willfully violated 52 U.S.C. § 30122; 11 

C.F.R. § 110.4(b)(1)(i) (same), by making contributions in the name of others to Justin Lamar 

Sternad’s 2012 primary campaign in Florida’s 26th U.S. Congressional District. 

PRAYER FOR RELIEF 

WHEREFORE, plaintiff Federal Election Commission prays that this Court: 

A. Declare that defendant David Rivera knowingly and willfully violated 52 U.S.C. 

§ 30122; 11 C.F.R. § 110.4(b)(1)(i) by making more than $55,601 in contributions in the names 

of another; 

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B. Permanently enjoin defendant David Rivera from making contributions in the 

names of others to federal candidates; 

C. Assess an appropriate civil penalty against defendant David Rivera for each 

violation that he is found to have committed: 

1. for each knowing and willful violation of 52 U.S.C. § 30122, a civil 

penalty that is not less than 300% of the amount involved in the violation and is not more than 

the greater of $60,000 or 1,000% of the amount involved in the violation, see 52 U.S.C. 

§ 30109(a)(6)(C), 11 C.F.R. § 111.24(a)(2)(ii) (2010); here, the Commission requests 700%, or 

$389,209; and

2. for each violation of 52 U.S.C. § 30122 that the Court may find to be not 

knowing and willful, a civil penalty not to exceed the greater of $7,500 or the amount of any 

contributions or expenditures involved, see 52 U.S.C. § 30109(a)(6)(B), 11 C.F.R. § 111.24(a)(1) 

(2010).

D. Award plaintiff Federal Election Commission its costs in this action; and 

E. Grant plaintiff Federal Election Commission such other relief as may be 

appropriate. 

 Respectfully submitted, 

Lisa J. Stevenson (Special Bar No. A5502354) 

Acting General Counsel 

lstevenson@fec.gov 

Kevin Deeley (Special Bar No. A5502355) 

Associate General Counsel 

kdeeley@fec.gov 

Charles Kitcher (Special Bar No. A5502431) 

Acting Assistant General Counsel 

ckitcher@fec.gov 

/s/ Greg J. Mueller 

Greg J. Mueller (Special Bar No. A5502376) 

Attorney 

gmueller@fec.gov 

FOR THE PLAINTIFF 

FEDERAL ELECTION COMMISSION 

1050 First Street, NE 

Washington, D.C. 20463 

(202) 694-1650 

 

January 15, 2019 

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