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      FEC v. Craig for U.S. Senate, et al.

FEC v. Craig for U.S. Senate, et al. 
 Summary
          
            Documents
 Summary

  
  
    On March 4, 2016, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the summary judgment issued by the U.S. District Court in FEC v. Craig for U.S. Senate, et al., finding that former Senator Larry Craig (Craig) and Craig for U.S. Senate (Craig Committee) unlawfully converted campaign funds to personal use. The Court of Appeals also affirmed the district court’s ruling that Craig must pay back the $197,935 he spent in violation of the law to the U.S. Treasury, and must also pay a $45,000 civil penalty.District court decisionThe Commission’s complaint alleged that Craig, the Craig Committee, and its treasurer violated the Federal Election Campaign Act’s (FECA) ban on converting campaign funds to personal use by spending approximately $200,000 on legal expenses related to Craig’s 2007 arrest at the Minneapolis-St. Paul International Airport. 52 U. S. C. §30114(b) (at the time 2 U.S.C. §439a(b)).The defendants moved to dismiss the suit, but the district court denied their motion. The Commission then moved for summary judgment, arguing that Craig's spending violated the FECA. The defendants responded by arguing that the use of campaign funds for the former Senator’s legal expenses was permissible under the FECA and not subject to the provisions banning personal use. The defendants further claimed that several FEC advisory opinions, including Advisory Opinion 2013-11 (Miller), approved the use of campaign funds for similar situations.The district court granted the Commission's motion for summary judgment, finding that the defendants violated the FECA when they used campaign funds to pay legal expenses that Craig incurred for personal criminal conduct, unrelated to his duties as a federal officeholder. The court concluded that the defendants converted $197,535 in campaign funds to personal use. The court ordered Craig to disgorge that $197,535 to the U.S. Treasury and to pay a $45,000 civil penalty.RulingThe appeals court agreed with the Commission that the criminal allegations that gave rise to Craig's guilty plea did not concern the Senator’s official duties. Therefore, the funds expended by the Craig Committee to defend against the charges were indeed "personal use." The court further concluded that the district court did not abuse its discretion in ordering Craig to disgorge $197,935 to the U.S. Treasury, nor in ordering a civil penalty of $45,000.Source:   FEC Record —March 2016; October 2014; April 2013; July 2012
 Documents

  
  
    Appeals Court (DC Circuit)Court decisions:Mandate (04/26/2016)Opinion (03/04/2016)Per Curiam Judgment (03/04/2016)Related documents:Reply Brief of Appellants (04/23/2015)Brief for the FEC (04/09/2015)Brief of Appellants (03/10/2015)District Court (DC)Court decisions:Order (09/30/2014)Memorandum Opinion (09/30/2014)Order (03/28/2013)Memorandum Opinion (03/28/2013)Related documents:Notice of Appeal (11/24/2014)Plaintiff FEC's Reply Memorandum in Support of its Motion for Summary Judgment (01/10/2014)Defendant's Opposition to FEC's Memorandum in Support of Motion for Summary Judgment (11/13/2013)FEC's Motion for Summary Judgment (09/30/2013)Defendant Craig for U.S. Senate's, Kaye O'Riordan's and Larry E. Craig's Answer (04/11/2013)Defendants' Reply to Commission's Memorandum in Opposition to Defendants' Motion to Dismiss (09/24/2012)FEC's Memorandum in Opposition to Defendant's Motion to Dismiss (09/04/2012)Defendants' Motion to Dismiss and Memorandum in Support (08/02/2012)Complaint for Civil Penalty, Declaratory, Injunctive and other Appropriate Relief (06/11/2012)


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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