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OLDAKER. BELAIR & WITTIE. LLP 

ATTORNEY S A T LA W 

8 1 8 CONNECTICU T AVENUE , N.W. 

SUITE 1100 

WASHINGTON . D.C. 20006 

(202)72&-1010 

FACSIMILE (202) 464-0669 

February 1,2010 

DELIVERED BY MESSENGER 

Joseph F. Stoltz, Assistant StaffDirector, 

Audit Division 

Federal Election Commission 

999 E Street, NW 

Washington, D.C. 20463 

Re: Repdrt of tfae Audit Division 

on Biden for President, Inc. 

Dear Mr. Stoltz: 

We are coimsel to Biden for President, Inc. (the "Committee"). Pursuant to the 

Commission's notices regarding procedural mles for audit hearings, see 74 Fed. Reg. 

33,140 (July 10, 2009) and 74 Fed. Reg. 39,535 (Aug. 7, 2009), we hereby request the 

opportunity to present oral arguments to the Commission directly and to give the 

Commission the opportunity to ask relevant questions prior to it adopting the abovecaptioned Final Audit Report ("FAR"). 

The hearing is being requested in order to allow the Committee to address that 

portion of the FAR which finds that the Committee failed to resolve $1,092,899 in 

excessive contributions in a timely manner. In particular, as explained in prior 

submissions, a file containing the Committee's "presumptive re-designation notices" was 

lost when the Committee moved offices after the campaign concluded, and pertinent 

electronic records contained on a Committee computer were deleted in preparing the 

computer for sale in the course of the Committee's v\rind-up. The Coinmittee cited 

circumstantial evidence and provided declarations obtained from a number of 

contributors and a campaign staff member to demonstrate that the notices were sent, but 

the Audit Division considered the evidence insufficient. We contend that inadequate 

weight has been afforded to the Committee's circumstantial evidence and declarations 

and seek the opportunity to address these and other issues relating to burden of proof. 
We look forward to receiving a response to this request at your earliest 

convenience. 

uynh 
04/08/2010 12:07 huynh <FAX)2024640669 

OLDAKER. BELAIR & WITTIE, LLP 

ArroNNLVti At LA W 

H1HCUNNLC1K.UI AVfcNIII>. N.W. 

KUnr t KK) 

WAbHINOTON. O.C. JtVKXm 

(202)720-1010 

FATISIMIU! (202) 404-066!) 

April 8,2010 

SENT BY FACSIMILE 

Joseph F. Stoltz, Assistant StaffDirector 

Audit Division 

Federal Election Cominission 

999 E Street, NW 

Washmgton, D.C. 20463 

Re; Report ofthe AvditDiviaion 

on Biden for President^ Ihe. 

Dear Mr. Stoltz: 

Biden for President, Inc. (the "Committee") hereby withdraws its request to 

present oral, arguments to the Commission prior to the adoption of the above-captioned 

Fmal Audit Report (**FAR"). The hearing had been scheduled for April 14, 2010. 

Thank you for granting our earlier request. 

Willi^J.Fanih 

Phu D. Huynh 
04/12/2010 11:55 farah (FAX)2024640669 

OLDAKER. BELAIR & WITTIE. LLP 

ATTORNEYS AT LA W 

B l 8 CONNECTICU T AVENUE . N.W. 

SUITE 1100 

WASHINGTON , D.C. 20006 

C202) 728-1 QIC • 

FACSIMILE (202) 4640669 

April 12,2010 

SENT BY MESSENGER/FACSIMILE 

Joseph F. Stoltz 

Assistant StaffDirector 

Audit Division 

Federal Election Commission 

999 E Street, NW 

Washington, D.C. 20463 

Re: Report oftfae Audit Division 

on Biden for President^ Inc. 

Dear Mr. Stoltz: 

In response to the draft final audit report provided to Biden for President (tfae 

"Conunittee*^, please find enclosed a more precise declaration from Mr. Michael 

Clifford, who had previously submitted a declaration, dated July 11,2009, as part oftfae 

Committee's response to the preliminary audit report. 

Should you have any questions concerning this matter, please do not hesitate to 

contact us. 

cc: Mr. Alex Boniewicz 

Ms. Paula Nurthen