UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

____________________________________ 

 ) 

COMBAT VETERANS FOR CONGRESS ) 

POLITICAL ACTION COMMITTEE and ) 

DAVID H. WIGGS, TREASURER ) 

264 South La Cienega Boulevard ) 

Suite 186 ) 

Beverly Hills, CA 90211 ) 

 ) 

 Plaintiffs, ) 

 ) 

v. ) Civil Case No. ________________ 

) 

FEDERAL ELECTION COMMISSION ) 

999 E Street, NW ) 

Washington, DC 20463, ) 

 ) 

 Defendant. ) 

____________________________________) 

____________________________________________ 

PETITION FOR REVIEW OF FEDERAL ELECTION COMMISSION 

DETERMINATION AND COMPLAINT FOR DECLARATORY 

AND INJUNCTIVE RELIEF 

____________________________________________ 

Plaintiffs Combat Veterans For Congress Political Action Committee (CVFC 

PAC) and Treasurer David H. Wiggs in his official capacity as Treasurer, by their 

undersigned attorney, hereby file this petition for review of a determination by defendant 

Federal Election Commission and complaint for declaratory and injunctive relief, and 

allege as follows: 

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 1 of 27
2

INTRODUCTION 

1. This is a civil action in which plaintiffs seek to modify or set aside the November 4, 

2011 Final Determination by the Federal Election Commission (“FEC” or 

“Commission”) which improperly imposed fines aggregating $8,690 upon plaintiffs 

for alleged violations of the Federal Election Campaign Act (“FECA” or “the Act”), 

and declaratory and injunctive relief declaring the Commission’s actions to be 

procedurally and substantively unlawful and enjoining the assessment of a civil 

money penalty against plaintiffs. 

2. The fines imposed relate to the knowing, willful, and/or reckless conduct of a 

malfeasant former Treasurer who violated the Act by failing to timely file certain 

reports and should be solely liable for such misconduct in his personal capacity. 

3. The Commission’s failure to impose these penalties and pursue such a flagrant 

malfeasant Treasurer violates the language and spirit of the Act and is contrary to the 

Commission’s regulations and Statement of Policy Regarding Treasurers Subject to 

Enforcement Proceedings, 70 Fed. Reg. 1 (Jan. 3, 2005). 

4. The Commission’s actions in finding liability and assessing the fine in this matter 

against the plaintiffs instead of the former treasurer, or at least mitigating the fine 

against the plaintiffs, is arbitrary, capricious, an abuse of discretion or a failure to 

exercise discretion and otherwise not in accordance with law; violates the procedural 

and due process rights of plaintiffs; and violates the plaintiffs’ First Amendment 

rights. 

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 2 of 27
3

JURISDICTION and VENUE 

5. This action arises under the Federal Election Campaign Act (“FECA” or “the Act”), 2 

U.S.C. §§ 431, et seq., the Declaratory Judgment Act, 28 U.S.C. §2201, and the 

Administrative Procedure Act, 5 U.S.C. 701-706. This Court has jurisdiction under 2 

U.S.C. §437g(a)(4)(C)(iii) and 28 U.S.C. §1331. This petition and complaint has 

been filed with this Court within 30 days of plaintiffs’ receipt of the notice of adverse 

determination as required by 2 U.S.C. §437g(a)(4)(C)(iii). 

6. This district has venue under 2 U.S.C. §437g(a)(4)(C)(iii) and 28 U.S.C. §§1391(b) 

and (e). Combat Veterans For Congress PAC transacts business in this District. 

PARTIES 

7. Plaintiff Combat Veterans For Congress PAC (“CVFC PAC”) is a non-partisan, nonconnected political action committee registered with the Federal Election 

Commission and is located in Beverly Hills, California, with legal and operational 

offices in Washington, D.C. 

8. David H. Wiggs is the current Treasurer of CVFC PAC, and is a party to this action 

in his official capacity as the substitute Treasurer. 

9. Defendant Federal Election Commission (“FEC”) is an independent administrative 

agency of the United States, created pursuant to 2 U.S.C. §437(c). It is responsible 

for enforcing the FECA, and is required to investigate alleged violations of the 

FECA. 

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 3 of 27
4

STATEMENT OF FACTS 

10. On October 19, 2009, CVFC PAC registered with the FEC as a non-connected 

political action committee by filing an FEC Form 1, Statement of Organization, 

pursuant to 11 CFR §102.1(d). CVFC PAC’s Statement of Organization named 

Michael Curry, an attorney, as both Treasurer and Custodian of Records. (Exhibit 1) 

11. Subsequent to its registration with the FEC, the Treasurer would have and is 

presumed to have received the standard “welcome” package of information and 

resources from the FEC mailed to all new registrants at that time, including separate 

copies of “Federal Election Campaign Laws” as compiled by the Commission and 

including all of FECA, Title 11 (Federal Election) of the Code of Federal 

Regulations, the Federal Election Commission Campaign Guide for Non-Connected 

Committees (“The Guide”), and various supplemental material for the benefit of the 

Treasurer in complying with his legal obligations as a Treasurer under FECA. 

12. On January 29, 2010, Mr. Curry filed CVFC PAC’s 2009 Year-End Report with the 

FEC pursuant to 2 U.S.C. §434. (Exhibit 2) 

13. On March 12, 2010, the FEC sent Mr. Curry a Request for Additional Information 

(RFAI) in order to clarify errors in the 2009 Year End Statement. (Exhibit 3) 

14. On April 5, 2010, Mr. Curry filed the amended 2009 Year End Report. (Exhibit 4) 

15. On April 15, 2010, Mr. Curry filed the April 2010 Quarterly Report. (Exhibit 5) 

16. On June 16, 2010, the FEC sent an RFAI in order to clarify errors in the April 2010 

Quarterly Report. (Exhibit 6) 

17. On July 14, 2011, Mr. Curry filed an amended April 2010 Quarterly Report. (Exhibit 

7) 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 4 of 27
5

18. On July 15, 2010, Mr. Curry filed the July 2010 Quarterly Report. (Exhibit 8) 

19. On August 4, 2010, the FEC sent an RFAI in order to clarify errors in the Amended 

April 2010 Quarterly Report. Mr. Curry did not submit a response to the August 4 

RFAI. (Exhibit 9) 

20. On October 12, 2010, three days before the October 2010 Quarterly Report was due 

and nine days before the FEC Pre-Election Report was due, Mr. Curry verbally 

communicated to CVFC PAC’s Chairman Capt. Joe John [USN Ret.’d] that he 

intended to resign as Treasurer, but that he would complete the necessary upcoming 

filings before doing so. (Exhibit 10) 

21. On October 14, 2010, legal counsel for CVFC PAC sent Mr. Curry an e-mail 

informing him of the steps to take in order to formally resign as Treasurer. (Exhibit 

10) 

22. On October 14, 2010, Capt. John forwarded an to Mr. Curry describing the potential 

consequences of failing to timely respond to an RFAI and included a reminder of the 

deadlines for the upcoming reports. (Exhibit 32) 

23. On October 15, 2010, legal counsel for CVFC PAC sent Mr. Curry an e-mail 

reminding him that the 2010 October Quarterly Report was due that day, and 

reminding Mr. Curry of the due dates and coverage dates for the pre- and postelection reports. (Exhibit 11) 

24. On October 15, 2010, the 2010 October Quarterly Report became due, and Mr. Curry 

did not timely file. Before the report became due, Mr. Curry took no steps to resign 

as Treasurer. Mr. Curry knowing and willfully or recklessly failed to file this report. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 5 of 27
6

25. On October 18, 2010, Mr. Curry sent to an e-mail to other members of CVFC PAC 

stating that he would complete the reports with the assistance of CVFC PAC 

accountant Ken Margala. (Exhibit 12) 

26. On October 19, 2010, Mr. Curry telephoned the FEC Reports Analysis Division 

(RAD) analyst assigned to CVFC PAC, James R. McAllister “to let [Mr. McAllister] 

know that the committee failed to get their 2010 [October Quarterly Report] in on 

time because the group was completely ‘swamped’. [Mr. McAllister] urged him to get 

[the report] in as soon as possible and [Mr. Curry] said it would be in by the end of 

the week.” (Exhibit 13) 

27. On October 21, 2010, the 12-Day Pre-General Election Report became due, and Mr. 

Curry did not timely file. Before the report became due, Mr. Curry took no steps to 

resign as Treasurer. Mr. Curry knowing and willfully or recklessly failed to file this 

report. 

28. On November 3, 2010, Mr. Curry telephoned Mr. McAllister to apologize for not 

submitting the 2010 October Quarterly Report on time. Mr. Curry said he “would try 

to get it in by the end of the week.” (Exhibit 13) 

29. On November 4, 2010, the FEC sent Mr. Curry a Notice of Failure to File regarding 

the October 2010 Quarterly Report. The notice states: “[t]he failure to timely file this 

report may result in civil money penalties, an audit or legal enforcement action.” 

(Exhibit 14) 

30. On November 7, 2010, CVFC PAC received for the first time from Mr. Curry the 

password for electronic filing that had not been previously shared. However, CVFC 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 6 of 27
7

PAC still had not been provided access to or copies of the financial and banking 

records in the exclusive possession of\ Mr. Curry. (Exhibit 34) 

31. On November 8, 2010, Mr. Curry telephoned Mr. McAllister “to say that he needed 

help itemizing activity [Mr. McAllister] talked [Mr. Curry] through creating a new 

report and itemizing an individual contribution to get him started. [Mr. Curry] said he 

would call back if he had any further questions.” (Exhibit 13) 

32. On November 8, 2010, CVFC PAC filed an amended Statement of Organization 

naming Mr. Backer as Assistant Treasurer, but still listing Mr. Curry as CVFC PAC’s 

Treasurer and Custodian of Records. (Exhibit 15) 

33. On November 19, 2010, Mr. Curry received an e-mail from counsel to CVFC PAC 

again informing Mr. Curry of the liability of the Treasurer to timely file reports, as 

well as reminding him that the Post General Election Report would be due December 

2, 2010. (Exhibit 16) 

34. On November 21, 2010, Mr. Curry electronically filed the 2010 October Quarterly 

Report, thirty seven (37) days after it became due. (Exhibit 17) 

35. On November 30, 2010, Mr. Backer e-mailed Mr. Curry and reminded him that the 

August 4 RFAI had yet to be responded to, that the Pre-General Election Report was 

overdue and that the Post-General Election Report was due on December 2, 2010. 

(Exhibit 18) 

36. On December 2, 2010, the 30-Day Post-General Election Report became due, and Mr. 

Curry did not timely file. Before the report became due, Mr. Curry took no steps to 

resign as Treasurer. Mr. Curry knowingly and willfully or recklessly failed to file 

this report. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 7 of 27
8

37. On December 2, 2010, Mr. Curry called Mr. McAllister “to get clarification for the 

coverage dates for the [Post-General Election Report]. (Exhibit 13) 

38. On December 2, 2010, Mr. Curry e-mailed Capt. John to say that “[he] spoke to [his] 

FEC contact [...] who said a post-election report is all that is needed. [The FEC RAD 

analyst] said the pre-election one was already due and a post-election report as a 

result would be sufficient.” (Exhibit 19) 

39. On December 8, 2010, Mr. Curry sent an e-mail to Capt. John and others at CVFC 

stating: “As you know I am no longer the Treasurer. My last conversation with the 

FEC they were reluctant to give me any information because I am no longer the 

Treasurer. My obligations were fulfilled with the 3rd Qtr. report which has been 

filed.” (Exhibit 20) 

40. On December 8, 2010, Capt. John sent an e-mail to Mr. Curry reminding Mr. Curry to 

make use of the bookkeeper that the PAC retained in October to assist with filings, 

continuing to demonstrate his ongoing performance as Treasurer. (Exhibit 42) 

41. On December 9, 2010, Mr. Curry replied to Capt. John’s e-mail by indicating that it 

could be useful to have the bookkeeper’s assistance, continuing to demonstrate his 

ongoing performance as Treasurer. (Exhibit 42) 

42. On December 10, 2010, Mr. Curry received an e-mail from Mr. Backer with detailed 

instructions on how to resign as treasurer. (Exhibit 43) 

43. On December 12, 2010, Mr. Curry sent Capt. John an e-mail stating, “When you 

speak to the FEC tomorrow find out how I need to resign.” (Exhibit 44)

44. On December 13, 2010, Capt. John, called Mr. McAllister because “Mr. Curry, was 

on his way out as the committee’s Treasurer and he wanted to know what he needed 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 8 of 27
9

to do to change the Treasurer. [Mr. McAllister] explained the committee needed to 

submit a [F1 Statement of Organization] that showed the new Treasurer once a new 

one was chosen. [Capt. John] then asked if the committee needed to file the [PreGeneral Election Report] and [Post-General Election Report] and [Mr. McAllister] 

said that committee definitely needed to file the [Post-General Election Report] and 

may need [emphasis added] to file the [Pre-General Election Report] based on 

whether the committee made expenditures to influence a federal election from 

10/2/10-10/13/10. [Mr. McAllister] told [Capt. John] that the reports would be late 

but that he should submit them as soon as possible in order to mitigate any fines or 

penalties. [Capt. John] then asked whether the reports needed to be filed 

electronically, and [Mr. McAllister] said that because the committee had filed 

electronically on previous records, they would need to keep filing electronically for 

future submissions. ” (Exhibit 13) 

45. On December 13, 2010, Capt. John circulated an e-mail containing an overview of his 

conversation with the RAD analyst. This e-mail provided yet another outline of the 

necessary steps to resign as treasurer, as well as a thorough inventory of the reporting 

requirements that the PAC needed to satisfy. (Exhibit 44) 

46. On December 15, 2010, Mr. Curry telephoned Mr. McAllister to “ask about resigning 

as Treasurer of the PAC. [Mr. McAllister] explained that as far as the FEC was 

concerned, Mr. Curry was still listed as the Treasurer for the PAC and would be 

considered the Treasurer until the committee submitted an [F1 Statement of 

Organization] that showed a new Treasurer. ...” (Exhibit 13)

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 9 of 27
10

47. On December 15, 2010, the FEC found Reason to Believe (“RTB”) that CVFC PAC 

violated 2 U.S.C. §434(a) by failing to timely file the October Quarterly Report by 

October 15, 2010. (Exhibit 21) 

48. On December 18, 2010, Capt. John sent an e-mail to Mr. Backer and others outlining 

the many steps that the PAC’s bookkeeper had taken in order to obtain accurate and 

sufficient records of the PACs funds. (Exhibit 44)

49. On December 18, 2010, Mr. Curry forwarded the August 4 RFAI to other members of 

the PAC for the first time. (Exhibit 45)

50. On December 20, 2010 the FEC sent a Notice of Failure to File regarding the PostGeneral Election Report. (Exhibit 22) 

51. On December 22, 2010, the FEC sent an RFAI regarding the October 2010 Quarterly 

Report. (Exhibit 23) 

52. On December 30, 2010, Mr. Curry forwarded the RTB regarding the October 

Quarterly Report to other PAC members via e-mail and merely stating “this related to 

the October report which you have already filed so it may be moot.” (Exhibit 46) 

53. On January 4, 2011, Mr. Backer in his capacity as assistant Treasurer called Mr. 

McAllister to “check in on the committee’s status with [RFAIs]. [Mr. Curry] had not 

responded to [RFAIs] regarding the 2010 [April] and [October] reports, dated 8/4/10 

and 12/22/10, respectively. Both reports had excessive individual contributions and 

omitted contributor information....” (Exhibit 13) 

54. On January 11, 2011, CVFC PAC filed the delinquent Pre-Election Report and PostElection Reports, which were due on October 25, 2010 and December 2, 2010, 

respectively. (Exhibits 24 & 25) 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 10 of 27
11

55. On January 12, 2011, an amended F1 Statement of Organization was filed that 

replaced Mr. Curry as Treasurer with David Wiggs. (Exhibit 26) 

56. On January 25, 2011, after identifying and correcting the gross errors in the 2010 

reports prepared by Mr. Curry, CVFC PAC filed amended versions of the April 2010 

Quarterly Report, the July 2010 Quarterly Report, the October 2010 Quarterly Report, 

the Pre-Election Report and the Post-Election Report. (Exhibit 27, 28, 29, 30 & 31) 

57. On January 25, 2011, Mr. Backer called Mr. McAllister “to let [Mr. McAllister] know 

that [Mr. Backer] had amended the 2009 [Year End Report] and all of the 2010 

reports and that they should all be okay and answer the [RFAIs] the FEC had sent the 

committee....” (Exhibit 13) 

58. On February 4, 2011, Mr. Backer returned a voice message left by Sari Pickerall, an 

FEC employee, regarding the [RTB] issued by the FEC that Mr. Backer was not 

previously aware of. “[Ms. Pickerall] stated that [the FEC] had no response from 

[CVFC PAC] regarding the fine. [Mr. Backer] wanted to know when the letter was 

delivered and [Ms. Pickerall] told him someone had signed for it on 12/28/2010. [Mr. 

Backer] stated that address was older and the Treasurer at the time, Michael Curry, 

must have received the letter and never told them about it. [Mr. Backer] wanted to 

know if it was posted on the [FEC] website and [Ms. Pickerall] stated that it was not” 

(Exhibit 13) 

59. On February 4, 2011 Capt. John called Ms. Pickerall and stated “Michael Curry 

walked out in October and did not file the reports. [Capt. John] stated that he is now 

aware that the reports were not filed timely that he believes Michael Curry (Treasurer 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 11 of 27
12

at the time) is responsible and gave [Ms. Pickerall] Mr. Curry’s telephone number 

and address...” (Exhibit 13) 

60. On February 16, 2011, Capt. John called Sari Pickerall and “stated that [Mr. Curry] 

walked out on them and did not share any of the fine information with them. The 

committee then hired an outside auditor and then filed reports. [Capt. John] 

questioned as to whether or not consideration was given to committees with situations 

like this. [Capt. John] was concerned as Mr. Curry was receiving the correspondence 

of the committee. [Ms. Pickerall] stated the correspondence will go to the current 

address on the committee’s Statement of Organization. (Exhibit 13)

61. On March 11, 2011, the FEC found reason to believe that CVFC PAC’s Pre-General 

Election Report was filed after the deadline of October 21, 2010. (Exhibit 32) 

62. On March 22, 2011, Mr. John sent a letter to the FEC to challenge the RTB finding 

with respect to the October 2010 Quarterly Report by asserting that the conduct of the 

former Treasurer, Mr. Curry, made it impossible for CVFC PAC to timely file and 

that the PAC exercised its best efforts. (Exhibit 10) 

63. On March 23, 2011, Capt. John sent a letter to the FEC to challenge the RTB finding 

with respect to the Pre General Election Report by asserting that the conduct of the 

former Treasurer, Mr. Curry, made it impossible for CVFC PAC to timely file and 

that the PAC exercised its best efforts to obtain the bank records and other 

information, retain a bookkeeper to conduct an audit, and take other steps necessary 

to file the three reports as soon as practicable under the circumstances. (Exhibit 33)

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 12 of 27
13

64. On March 25, 2011, the FEC found reason to believe that CVFC PAC’s 30 Day PostGeneral Election Report was filed after the deadline of December 2, 2010. (Exhibit

34) 

65. On March 31, 2011, Capt. John sent a letter to the FEC to challenge the RTB finding 

with respect to the Post General Election Report by asserting that the conduct of the 

former Treasurer, Mr. Curry, made it impossible for CVFC PAC to timely file and 

that the PAC exercised its best efforts. (Exhibit 35) 

66. On June 16, 2011, Dayna C. Brown, Reviewing Officer for the Office of 

Administrative Review (OAR) sent CVFC PAC the Recommendation of the 

Reviewing Officer regarding the RTB for the October 2010 Quarterly Report. 

(Exhibit 36)

67. On June 20, 2011, Dayna C. Brown, Reviewing Officer for the Office of 

Administrative Review (OAR) sent CVFC PAC the Recommendation of the 

Reviewing Officer regarding the RTB for both the Pre- and Post-General Election 

Reports. (Exhibit 37) 

68. On June 24, 2011, counsel for CVFC PAC filed a written response to the Reviewing 

Officer Recommendation regarding the October 2010 report, the Pre-General Election 

Report and the Post-General Election Report that clearly established the factual and 

legal basis why Mr. Curry was solely liable, in his personal capacity, for the knowing, 

willful, and reckless conduct that precipitated these fines. (Exhibit 38) 

69. On August 18, 2011, the Office of General Counsel (OGC) submitted a Memorandum 

to Dayna Brown providing legal guidance on the disposition of these actions. (Exhibit 

47). Notably, the OGC in Part III heading of its memorandum concluded that CVFC 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 13 of 27
14

PAC’s allegations “MIGHT JUSTIFY PURSUING [THE FORMER] 

TREASURER PERSONALLY.” (p.3) and that the “Commission could conclude 

that [Mr. Curry’s] actions constituted a reckless failure to fulfill his duties as 

treasurer.” (p. 4). More significantly, the OGC noted that the Commission “could 

consider Mr. Curry’s actions as possible mitigating factors in determining the civil 

penalty for the Committee’s violations.” Id. at 5. 

70. On October 12, 2011, the FEC’s Chief Compliance Officer, Patricia Carmona and 

Reviewing Officer Dayna Brown, made a Final Determination Recommendation to 

the Commission for all three late filings AF#s 2199, 2312, and 2355 that CVFC PAC 

and its new Treasurer David Wiggs violated 2 USC 434(a) and to assess respective 

penalties of $4,400, $3,300, and $990 against them for an aggregate of $8690. 

(Exhibit 39). Notably, Ms. Brown requested that “the Commission consider the issue 

of the [former] Treasurer’s personal responsibility in these matters.” Id. at3. 

71. On October 27, 2011, 125 days since CVC PAC’s response of June 24, the 

Commission by a notational vote without meeting and without providing plaintiffs 

with an opportunity to be heard, summarily adopted the Reviewing Officer’s 

recommendation and made a final determination that the CVFC PAC and Mr. Wiggs 

in his official capacity as the current treasurer violated 2 U.S.C. §434(a) for filing late 

the October Quarterly Report, the12 Day Pre-Election, and the 30 Day Post-Election 

Report, and assessing a civil monetary penalties or fines against them instead of the 

former Treasurer in his personal capacity for each such late filing in the amount of 

$4,400,$3,300, and $990, for an aggregate amount of $8690. (Exhibit 39). However, 

the Commission failed to address the request by its Reviewing Officer to consider the 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 14 of 27
15

issue of the former treasurer’s personal liability or whether his actions would be a 

mitigating factor in determining the civil penalties against CVFC PAC. The 

Commission also did not give CVFC PAC an opportunity to be heard before the full 

Commission before making its final determination.

72. On November 4, 2011, notice of the final determination was sent to CVFC PAC.

(Exhibit 40) by certified mail.. Notice was received by mail on November 10, 2011. 

73. On November 23, 2011, CVFC PAC sent a letter by courier to the Chair of the 

Commission requesting expedited action that the Commission vacate its final 

determination as being premature inasmuch as it did not give the respondents a 

hearing before the full Commission as required by 2 USC 437g(a)(C)(ii). 

Alternatively, the Commission was asked to reconsider the matter since it neglected 

to consider the personal liability of the former Treasurer as being solely liable for the 

fine or at a minimum to mitigate the penalty on CVFC PAC and its current Treasurer, 

and preserving its procedural and substantive rights, including its claim that its Due 

Process and First Amendment rights were violated. (Exhibit 41). To date, no 

response has been received from the FEC.

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 15 of 27
16

COUNT I 

THE COMMISSION’S FINAL ADVERSE DETERMINATION IS INVALID 

BECAUSE THE COMMISSION FAILED TO PROVIDE PLAINTIFFS WITH 

A HEARING 

74. Plaintiffs re-allege and incorporate by reference all of the allegations contained in all 

of the preceding paragraphs. 

75. Pursuant to 2 USC 437g(a)(C)(ii), “the Commission may not make any 

determination adverse to a person under clause (i) until the person has been 

given...an opportunity to be heard before the Commission.” 

76. On October 27, 2011, the Commission purported to make a final determination 

regarding liability and assessment of penalties against the plaintiffs without giving 

them an opportunity to be heard before the Commission. 

77. Congress was specific in other parts of 2 USC 437g affording respondents at earlier 

stages of the enforcement process with the opportunity to file written statements and 

briefs, e.g..2 USC 437g(a)(1) (respondent “shall have the opportunity to demonstrate 

in writing...that no action should be taken against such person”); 2 USC 

437g(a)(4)(A)(i) (respondent “may submit a brief” before Commission finds 

“probable cause” to believe a violation occurred). However, before a final 

determination is made, the respondents are required to be “heard before the 

Commission”, i.e., an in-person hearing before the Commission. 

78. Plaintiffs were not given an opportunity for a hearing, did not waive their right to a 

hearing, and specifically reminded the Commission of its non-discretionary duty to 

provide plaintiffs with a hearing in their November 23, 2011 letter to the FEC. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 16 of 27
17

79. Accordingly, the final determination by the Commission on October 27, 2011 was not 

issued in accordance with law and is therefore premature, null and void, of no legal 

effect, and should be set aside. The failure to provide plaintiffs with a hearing also 

violated their right to Due Process. 

COUNT II 

THE FORMER TREASURER OF CVFC PAC IS SOLELY LIABLE IN HIS 

PERSONAL CAPACITY FOR FAILING TO FILE THE REPORTS IN 

QUESTION 

A. TREASURERS’ PERSONAL LIABILITY UNDER FECA 

80. Plaintiffs re-allege and incorporate by reference all of the allegations contained in all 

of the preceding paragraphs. 

81. The Act clearly intends to impose any liability on the Treasurer as the only statutory 

officer required of political committees. “Treasurer of a political committee shall file 

reports of receipts and disbursements in accordance with the provisions of this 

subsection. The Treasurer shall sign each such report.” 2 USC 434(a)(1). 

82. 11 C.F.R. 104.1(a) provides as follows: “Who must report. Each treasurer of a 

political committee...shall report in accordance with 11 CFR part 104.” The 

regulations do not impose any duty on the political committee to file a report. 

Further, under 11 C.F.R. 104.14(d), “Each treasurer of a political committee... shall 

be personally responsible for the timely and complete filing of the report or statement 

and for the accuracy of any information or statement contained in it.” (Emphasis 

added). See also FEC v. Toledano, 317 F3d 939, 947 (9th Cir. 2002) (“Treasurers may 

be held personally liable for failing to fulfill their responsibilities under the Act and 

the Commission’s regulations.”). 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 17 of 27
18

83. The Act imposes legal obligations on Treasurers of political action committees, “the 

violation of which makes them personally liable.” 70 Fed. Reg. 1 at 5 (Jan., 3, 2005) 

(emphasis added), noting the absence of permissive language, such as “may”; See e.g.

2 U.S.C. 432(c); 2 U.S.C. 432(d); 

84. The Federal Election Commission Campaign Guide for Non-connected Committees 

(May, 2008), Chapter 2, Section 2, (Treasurer’s Duties) states “The Treasurer is 

responsible for filing complete and accurate reports and statements on time.” Id. at 3. 

The Guide further states that “a committee’s Treasurer is personally responsible for 

carrying out the duties listed above and should understand these responsibilities (as 

well as his or her personal liability for fulfilling them) before taking them on . . . 

Also, the treasurer can be named and found liable in his or her personal capacity if he 

or she knowingly and willfully violates the Act . . . .” Id. at 4. 

85. Despite the Commission’s own regulations unequivocally and unconditionally 

mandating that a treasurer “shall be personally liable” for failing to file the required 

reports in all cases, the Commission has articulated a discretionary enforcement 

policy that it will impose personal liability on a treasurer for a knowing, willful, or 

reckless failure to timely file reports: ”The Commission intends to consider a 

Treasurer the subject of an enforcement proceeding in his or her personal capacity 

only when available information (or inferences fairly derived therefrom) indicates 

that the Treasurer had knowledge that his or her conduct violated a duty imposed by 

law; or where the Treasurer recklessly failed to fulfill his or her duties under the Act 

and regulations; or intentionally deprived himself or herself of facts giving rise to the 

violations.” 70 Fed. Reg. 1 at 5(emphasis added). 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 18 of 27
19

86. Knowledge of a legal obligation can be found where the treasurer is expressly made 

aware of his responsibility by others in writing, and/or by the Commission staff, to 

timely file reports as required by 2 U.S.C. §434(a), and the deadlines and coverage 

dates therein. 

87. Willful conduct “must necessarily connote ‘defiance or such reckless disregard of the 

consequences as to be equivalent to a knowing, conscious, and deliberate flaunting of 

the Act.” AFL-CIO v. FEC, 628 F.2d 97, 110 (D.C. Cir. 1980). Willful conduct may 

be found where the Treasurer, having been made aware of his legal duties, chooses 

not to comply with them. 

88. Recklessness can be found where a Treasurer has knowledge of the duties imposed by 

law and negligently fails to fulfill them or intentionally remains ignorant of the facts 

necessary to prevent a violation of the law. Behaving in a reckless manner is, “more 

than mere negligence: it is a gross deviation from what a reasonable person would 

do.” Black’s Law Dictionary 1298 (Bryan A. Garner et al. eds., West Publishing 8th

ed. 2007). 

B. MR. CURRY’S KNOWING, WILLFUL, AND/OR RECKLESS FAILURE 

TO COMPLY WITH THE ACT. 

89. Plaintiffs re-allege and incorporate by reference all of the allegations contained in all 

of the preceding paragraphs. 

90. Mr. Curry’s conduct meets the standard of “knowing”, in that he received repeated 

written and oral communications, including materials provided to him by the FEC, 

expressly informing him of his responsibility as Treasurer. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 19 of 27
20

91. Pursuant to Paragraphs 15 and 18, Mr. Curry filed the April and June Quarterly 

Reports on or before the deadline of the 15th day of the month, demonstrating that he 

had knowledge of the deadline for filing quarterly reports. 

92. Pursuant to Paragraph 23, on October 15, 2010, legal counsel for CVFC PAC sent 

Mr. Curry an e-mail reminding him that the 2010 October Quarterly Report was due 

that day, and reminding Mr. Curry of the due dates and coverage dates for the Preand Post-General Election Reports. 

93. Mr. Curry’s conduct was willful in that he was clearly aware of, but made a decision 

not to fulfill, his legal obligation as Treasurer. 

94. Pursuant to Paragraph 28, Mr. Curry telephoned the FEC’s Mr. McAllister November 

3, 2010 to apologize for not submitting the 2010 October Quarterly Report on time, 

stating “that he was very busy and would try to get it in by the end of the week.” 

95. Pursuant to Paragraph 33 and 35, Mr. Curry understood his responsibility to complete 

the Pre and Post General Election Reports, yet declined assistance from the Assistant 

Treasurer and others in carrying out this obligation. 

96. Pursuant to Paragraph 29, on November 4, 2010, the FEC sent Mr. Curry a Notice of 

Failure to File regarding the October 2010 Quarterly Report. The notice states: “[t]he 

failure to timely file this report may result in civil money penalties, an audit or legal 

enforcement action.” 

97. Mr. Curry’s conduct was reckless in that he failed to meet his obligations and refused 

assistance despite the fact that he had full knowledge of the potential consequences of 

failing to timely file, and maintained sole possession of the electronic filing password 

and financial records, preventing CVFC PAC from otherwise filing. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 20 of 27
21

98. Pursuant to Paragraph 19, Mr. Curry failed to timely respond to the FEC’s August 4, 

2010, RFAI, even though he the RFAI explicitly states the serious consequences that 

could result from failure to respond. Further, Mr. Curry failed to timely file the 

October Quarterly Report despite clear notice that substantial penalties could result 

from failure to submit on time. 

99. Pursuant to Paragraph 25, Mr. Curry expressed his intention to complete the Pre- and 

Post-General Election Reports on time and discouraged the PAC from obtaining 

assistance in completing those reports 

100. Mr. Curry was particularly reckless in first indicating an interest in resigning as 

Treasurer, but then committing to complete the work of the Treasurer. Mr. Curry did 

not resign, despite repeated inquiries and having received information from CVFC 

PAC legal counsel (Paragraph 21) and the FEC (Paragraph 46) as to how to resign if 

he desired, and continuing to occupy the role and perform as Treasurer. 

101. Mr. Curry’s failure to timely file the required reports was a knowing, willful, 

and/or reckless violation of the reporting requirements and he is therefore personally 

liable for any fines imposed for the late reporting. The Commission failure to find 

that Mr. Curry was personally liable for the fines imposed for his misconduct was 

arbitrary, capricious, an abuse of discretion, and contrary to law. 

102. The Commission failure to consider the request by its Reviewing Officer that Mr. 

Curry may have personal liability and failure to consider the relevant facts was 

arbitrary, capricious, an abuse of discretion, a failure to exercise its discretion, and 

otherwise contrary to law. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 21 of 27
22

103. The Commission and its staff had “reason to believe” that Mr .Curry violated the 

law by failing to timely file reports based upon information that it ascertained in the 

normal course of carrying out its supervisory responsibilities but arbitrarily and 

capriciously failed to take any enforcement action against him for such violations 

under 2 USC 437g. 

COUNT III 

CVFC PAC AND ITS CURRENT TREASURER ARE NOT LIABLE FOR 

THE MALFEASANCE OF THE FORMER TREASURER, PARTICULARLY 

WHEN CVFC PAC USED ITS BEST EFFORTS TO CORRECT THE 

MISCONDUCT BY FILING THE REQUIRED REPORTS AS SOON AS WAS 

PRACTICABLE UNDER THE CIRCUMSTANCES

104. Plaintiffs re-allege and incorporate by reference all of the allegations contained in 

all of the preceding paragraphs. 

105. The FEC’s Reason To Believe finding did not identify any conduct on the part of 

CVFC PAC as an entity or its current Treasurer that, absent the specific misconduct 

of the former Treasurer for which he is personally liable, would cause or justify 

CVFC PAC or its current Treasurer in his official capacity to be liable. 

106. The CVFC PAC, its current Treasurer, Assistant Treasurer, and Chairman and 

other personnel used their best efforts to file the required reports as soon as 

practicable following the malfeasance of its former treasurer. The malfeasance of the 

treasurer was not reasonably foreseeable and was beyond the control of the plaintiffs 

and, therefore, liability should not have been imposed on the plaintiffs and/or the 

fines should have been remitted in whole or in part. 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 22 of 27
23

107. The FEC defines “best efforts” under 11 CFR 111.35(c) to “include, but are not 

limited to” certain computer breakdowns and severe weather as being reasonably 

unforeseen and beyond the control of the respondent, but does not include 

“negligence” or “illness, inexperience, or unavailability of the treasurer or other 

staff.” 

108. CVFC PAC provided clear evidence that the failure to file was not due to simple 

negligence of the former treasurer, but was knowing and willful or reckless. 

109. The Commission’s failure to consider these best efforts by plaintiffs to remedy the 

malfeasance of the former treasurer and the Commission’s failure to find that they 

serve as grounds for finding no liability on their part and/or a remission or reduction 

in the fines assessed were arbitrary, capricious, an abuse of discretion, contrary to 

law and a violation of Due Process. 

110. To the extent that plaintiffs’ best efforts to remedy the malfeasance of its former 

treasurer are not deemed to satisfy the “best efforts” described in 11 CFR 111.35, 

plaintiffs submit that regulation is arbitrary, capricious, unreasonably narrow, 

contrary to law and a violation of Due Process. 

111. To hold CVFC PAC and its current treasurer solely liable for the malfeasance of 

its former treasurer violates Due Process and would allow treasurers to violate and 

evade their statutory responsibilities, resign from the committee, and unfairly leave 

the innocent PAC and substitute treasurer with liability and civil penalties. This 

unreasonable practice would undermine compliance with the law. 

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 23 of 27
24

COUNT IV 

THE COMMISSION UNLAWFULLY FAILED TO MITIGATE THE FINES 

IMPOSED ON CVFC PAC AND ITS CURRENT TREASURER 

112. Plaintiffs re-allege and incorporate by reference all of the allegations contained in 

all of the preceding paragraphs. 

113. Both the Office of General Counsel in their August 18, 2011 memo (Para. 69) and 

the Reviewing Officer in her October 11, 2011 Final Determination Recommendation 

to the Commission (Para. 70) indicated that the personal liability of the former 

treasurer could serve to mitigate the fine against the PAC and its current treasurer. 

114. Assuming, arguendo, that the plaintiffs are liable for the former treasurer’s failure 

to file timely reports, the Commission failed to exercise its discretion or abused its 

discretion in failing to mitigate or reduce the fine in whole or in part due to the 

misconduct and personal liability of the former treasurer. 

115. The fines imposed on plaintiffs aggregating $8,690.00 for filing its reports late are 

unreasonable and are greater than fines that the FEC has imposed on other political 

and candidate committees who are found to violate more serious substantive 

provisions of the law, such as receiving and failing to cure excessive contributions, or 

receiving prohibited contributions from corporations or foreign nationals. 

 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 24 of 27
25

COUNT V 

THE COMMISSION’S FINDING OF LIABILITY AND IMPOSITION OF 

SUBSTANTIAL FINES ON PLAINTIFFS RATHER THAN ON ITS 

CULPABLE FORMER TREASURER VIOLATES DUE PROCESS AND THE 

FIRST AMENDMENT

116. Plaintiffs re-allege and incorporate by reference all of the allegations contained in 

all of the preceding paragraphs. 

117. The Commission’s final determination that the CVFC PAC and its current 

treasurer are liable for the malfeasance of its former treasurer and subject to 

substantial fines violates their right to Due Process. 

118. The unlawful finding of liability and imposition of fines totaling $8,690 on the 

plaintiffs is a significant sum that would have a negative impact on the exercise of 

CVPC PAC’s political speech under the First Amendment. The mere finding that the 

plaintiffs are guilty of violating federal election laws stigmatizes the PAC and its 

current treasurer as a lawbreaker and would likely discourage donors from making 

contributions to the PAC or otherwise volunteering or associating with the PAC, its 

treasurer, and employees. Furthermore, the imposition of the unlawful and excessive 

fines would substantially reduce the amount of funds otherwise available to the PAC 

to make campaign contributions and expenditures in the exercise of its First 

Amendment rights. 

119. Currently, the CVPC PAC has less than $2,000 cash on hand. Its financial 

situation has worsened due to the expenditure of human and monetary resources to 

defend itself in this unreasonable enforcement action. Furthermore, the uncertainty 

during the inordinate delay by the Commission to decide whether the PAC would be 

held liable and subject to heavy fines hampered its fundraising efforts and thus further 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 25 of 27
26

infringed on the PAC’s First Amendment rights and violated due process. 

Accordingly, the civil penalties in this case are excessive and unreasonable in 

comparison to the PAC’s ability to pay, a factor which the Commission should have 

but failed to consider, and which penalties would effectively bankrupt the PAC and 

force it to disband. 

PRAYER FOR RELIEF 

 WHEREFORE, Plaintiffs pray this Court issue: 

120. A declaratory judgment that the Commission’s November 4, 2011 Final 

Determination is null and void because the plaintiffs were not given an opportunity to 

be heard which was a statutory prerequisite to a final determination and violated due 

process and enjoin its enforcement. 

121. A declaratory judgment that the Commission’s Final Determination is arbitrary, 

capricious, an abuse of discretion, a failure to exercise discretion, a violation of Due 

Process and the First Amendment and otherwise not in accordance with law and 

enjoin its enforcement. 

122. A declaratory judgment that CVFC PAC and its current Treasurer are not liable 

for the reporting violations as determined by the Commission and are not subject to 

any civil penalties under FECA or FEC regulations, or alternatively, that the 

Commission’s failure to consider plaintiffs’ best efforts as opposed to that of the 

former Treasurer and mitigation of the fine due to the malfeasance of the former 

Treasurer was arbitrary, capricious, an abuse of discretion, a failure to exercise 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 26 of 27
27

discretion and otherwise contrary to law, and/or that the “best efforts” regulation, 11 

CFR 111.35. 

123. A declaratory judgment that the former Treasurer is personally liable for any fines 

imposed by the Commission under FECA and FEC regulations or alternatively, that 

the Commission’s failure to consider whether he was liable was arbitrary, capricious, 

an abuse of discretion, a failure to exercise discretion and otherwise contrary to law, 

and remand this matter to the Commission for further proceedings consistent with 

this Court’s order. 

124. A declaratory judgment that the Commission’s finding of liability and the 

imposition of the excessive fines on the plaintiffs violates their First Amendment 

rights of Association and Speech and Due Process. 

125. Award costs and attorney’s fees pursuant to any applicable statute or authority; 

126. Award any other relief that the Court deems just and appropriate. 

Dated this 7th day of December, 2011. 

 Respectfully submitted, 

 _________________________________ 

Dan Backer (DC Bar No. 996641) 

 209 Pennsylvania Avenue SE 

 Suite 2109 

 Washington, DC 20003 

 (202) 210-5431 

 dbacker@dbcapitolstrategies.com 

Case 1:11-cv-02168-CKK Document 1 Filed 12/07/11 Page 27 of 27
TABLE OF EXHIBITS

Please note that for the convenience of the Court and Defendants, only the first page of FEC 

Reports have been included. The full reports are available at the FEC website at: 

http://query.nictusa.com/cgi-bin/fecimg/?C00469239

Exhibit 1 10/19/2009 F1 Statement of Organization 

Exhibit 2 11/29/2010 2009 Year End Report 

Exhibit 3 03/12/2010 Request for Additional Information 

Exhibit 4 04/05/2010 Amended 2009 Year End Report 

Exhibit 5 04/15/2010 April 2010 Quarterly Report 

Exhibit 6 06/16/2010 Request for Additional Information 

Exhibit 7 07/14/2010 Amended April 2010 Quarterly Report 

Exhibit 8 07/15/2010 July 2010 Quarterly Report 

Exhibit 9 08/04/2010 Request for Additional Information Re: 

Exhibit 10 03/22/2011 Best Efforts Challenge letter 

Exhibit 11 10/15/2010 E- mail from Backer to Curry 

Exhibit 12 10/18/2010 E- mail from Curry to CVFC 

Exhibit 11 FEC Communications log 

Exhibit 14 11/04/2010 Failure to File Notice 

Exhibit 15 11/08/2010 Amended F l Statement of Organization 

Exhibit 16 11/19/2010 E-mail from Backer to Curry 

Exhibit 17 11/21/2010 October 2010 Quarterly Report 

Exhibit 18 11/30/2010 E- mail from Backer to Curry 

Exhibit 19 12/02/2010 E-mail from Curry to John 

Exhibit 20 12/08/2010 E- mail from Curry to John and CVFC 

Exhibit 21 12/21/2010 RTB re: October 2010 Quarterly Report 

Exhibit 22 12/20/2010 Failure to File Notice 

Exhibit 23 12/22/2010 RFAI re: October 2010 Quarterly Report 

Exhibit 24 01/11/2011 Pre-General Election Report 

Exhibit 25 01/11/2011 Post-General Election Report 

Exhibit 26 01/12/2011 Amended Statement of Organization 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 1 of 155
Exhibit 27 01/25/2011 Amended April 2010 Quarterly Report 

Exhibit 28 01/25/2011 Amended July 2010 Quarterly Report 

Exhibit 29 01/25/2011 Amended October 2010 Quarterly Report 

Exhibit 30 01/25/2011 Amended Pre- General Election Report 

Exhibit 31 01/25/2011 Amended Post- General Election Report 

Exhibit 32 10/14/2010 E-mail regarding filing deadline 

Exhibit 33 03/23/2011 Best Efforts Challenge to Pre- General 

Exhibit 34 11/07/2010 Password e-mail 

Exhibit 35 03/31/2011 Best Efforts Challenge to Post- General 

Exhibit 36 06/16/2011 Recommendation of the Reviewing Officer 

Exhibit 37 06/20/2011 Recommendation of the Reviewing Officer 

Exhibit 38 06/24/2011 Letter from Counsel to FEC 

Exhibit 39 10/12/2011 FEC Memo - Final Recommendation 

Exhibit 40 11/04/2011 FEC sends notice of the final determination 

Exhibit 41 11/23/2011 Letter to FEC from Plaintiff 

Exhibit 42 12/09/2010 E- mail regarding bookkeeper assistance 

Exhibit 43 12/10/2010 E-mails regarding resignation and filing 

Exhibit 44 12/18/2010 Further E- mails regarding filing 

Exhibit 45 12/18/2010 Curry forwards 8/4/2010 RFAI 

Exhibit 46 12/30/2010 Curry forwards RTB 

Exhibit 47 08/18/2011 FEC Memo from OGC 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 2 of 155
EXHIBIT 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 3 of 155
r

FEC

FORM 1

STATEMENT OF

ORGANIZATION

RECEIVED

FEC MAIL CENTER

20090CT26 AH 7= 39

"I

" Oftee U» Only

1. NAME OF

COMMITTEE (in full)

(Check If name

Is changed)

Example: If typing, type

over the lines.

12FE4M5

ADDRESS (number and street)

(Check if address

is changed) ,

CITY

COMMITTEE'S E-MAIL ADDRESS (Please provide only one e-mail address)

jJifrlJ'»iOli€i§iO,i€lj?KM-3i mini I 11 ifl i (& > i (Check If address — u '

Is changed) i

STATE ZIP CODE

i i i i i i

COMMITTEE'S WEB PAGE ADDRESS (URL)

(Check If

Is changed)

2. DATE

3. FEC IDENTIFICATION NUMBER

4. IS THIS STATEMENT NEW (N) AMENDED (A)

I certify that I have examined this Statement and to the best ol my knowledge and belief It Is true, correct and complete.

Type or Print Name o, Usurer M$&,'<MM}t . _ .

/ /T/Q

Signature of Treasurer ',Sj*J&Af_*JAM< Date OCfflftfe^ 11

/

>jM^

NOTE: Submission of false, erroneous, or Incomplete Information may subjecTft/person signing this Statement to the penalties of 2 U.S.C. §437g.

ANY CHANGE IN INFORMATION SHOULD BE REPORTED WITHIN 10 DAYS.

L

Office

Use

Only > '

Feiwral Election Commission

 FEC

 rUnM I

Toll me 800-424-9530 (Revised 02/2009) 1

Local 202-694-1100 • — — «

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 4 of 155
r n

FEC Form 1 (Revised 02/2009) page 2

5. TYPE OF COMMITTEE

Candidate Committee:

(a) This committee is a principal campaign committee. (Complete the candidate Information below.)

(b) This committee is an authorized committee, and Is NOT a principal campaign committee. (Complete the candidate

Information below.)

Name of

Candidate I I I I I I I—LI i i i i i i i i .1 i i i i i i i i i i i i i ; . ._ ,_J

Candidate Office State

Party Affiliation Sought: House . Senate President

District

(c) This committee supports/opposes only one candidate, and Is NOT an authorized committee.

Name of

Candidate | I

Party Committee:

(National, State (Democratic,

(d) This committee is a or subordinate) committee of the ' Republican, etc.) Party.

Political Action Committee (PAC):

(e) This committee Is a separate segregated fund. (Identify connected organization on line 6.) Its connected organization is a:

Corporation w/b Capital Stock Labor Organization

Membershiptftganizatlon \ Trade Association Cooperative

In addition, this committee Is a Lobbyist/Registrant PAC.

4

This committee supports/opposes more than one Federal candidate, and Is NOT a separate segregated fund or party

committee. (I.e.. nonconnected committee)

In addition, this committee Is a Lobbyist/Registrant PAC.

In addition, this committee is a Leadership PAC. (Identify sponsor on line 6.)

•»

Joint Fundralslng Representative:

(g) This committee collects contributions, pays fundralsfng expenses and disburses net proceeds for two or more political

committees/organizations, at least one of which Is an authorized committee of a federal candidate.

(h) This committee collects contributions, pays fundralslng expenses and disburses net proceeds for two. or more political

committees/organizations,, none of which Is an authorized committee of a federal candidate.

Committees Participating in Joint Fundraiser

1. !! I ! I I I I I I I I I I I I i I I I M IFECID "umber C

2. •! I i I I I I I I I I I I ! I I I I I I i I I FEC <D number C

3. J i ! ! | | |- M I I I I M I I M I i I I FEC D number Q

4

- : ' .' i I J i { .I ! ! I I i M i H i : I IFECID numbw C

L J

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 5 of 155
r

FEC Form 1 (Revised 02/2009) Page 3

Write or Type Committee Name

VETERANS flu £o/u<3ft.E& P&c.

6. Name of Any Connected Organization, Affiliated Committee, Joint Fundmlalng Representative, or Leadership PAC Sponsor

Mailing Address I I I I I I I I I II i I ! I I I I I 1 I ! I I I I i : I : j Ml

\ I I I I I- I I I I I I I I i i I I I I I I I I I i ! i ____ [ ........ .' ....... _.i_ J

I I I I I i I I I I I I I i i I I i I I i I I . . . . i-! • : . ;

CITY STATE ZIP CODE

Relationship: Connected Organization Affiliated Committee Joint Fundralslng Representative Leadership PAC Sponsor

on

tf'

H

l 7

 -

. Custodian of Records: Identify by name

 i

, address (phone number - optional) and position of the person In possessio

 -

n of committee

<;O books and records.

§ Fu n Name it .-§ffftJU^ . QU A ft.? , ...... .

§ Mailing Address ' " 1\ A3>& .C.f.^.a.O. V. t*.A.JU ,&Af STT. ..&.U .1 H"! 2.J2.Q i

I

I i i i i i . l i i i i i . . i . i i i I . I . I i i ;. ; | CM i ! :

Title or Position CITY STATE ZIP CODE

. . : ....... I Te^phone number &LQ}- \13&~&~ 'lij

8. Treasurer: List the name and address (phone number - optional) of the treasurer of the committee; and the name and address of

any designated agent (e.g., assistant treasurer).

El t.^.^.L ,CU K. K V . . . i . , i i i i

Mailing Address .E.k .fe.frfe.r. .S.U.I

' I I I I i I ! I I i L.

CITY STATE ZIP CODE

Title or Position

L ' -I

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 6 of 155
••'I

r n

FEC Form 1 (Revised 02/2009) Page 4

Full Name of

Desigi

Agent

Mailing Address I^<6i/Ti i "3 ihr>i A V, fcMg^, AI |fe|liVJV|\i |Q|U|f|l|p ,l

J

i :._jj

Designated lUQSll l ft i

K.I il*i i

V.

CITY STATE ZIP CODE

Title or Position

I ^pnonenumber l^JjOj - gJ^J - j8 T 7

9. Banks or Other Depositories: List all banks or other depositories In which the committee deposits funds, holds accounts, rents

safety deposit boxes or maintains funds.

t>, . Name of Bank, Depository, etc.

on

,_| Mailing

P

I I I I I I I I I I I ! I I ! I I I ! I I I I I I i I

_ i ._ r ---- i .1TM .---- _ • i i i ^ J ---- ----- 1._ -

....... . i

rsi

CITY STATE ZIP CODE

Name of Bank, Depository, etc. . -

Mailing Address

>•

I I I

r iCAj

CITY STATE ZIP CODE

L - - - • -I

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 7 of 155
Federal Election Commission

ENVELOPE REPLACEMENT PAGE FOR INCOMING DOCUMENTS

The FEC added this page to the end of this filing to indicate how it was received.

Hand Delivered

S

]/ USPS First Class Mail

USPS Registered/Certified

USPS Priority Mail

Date of Receipt

Postmarked

Postmarke

i*l*>U

d (R/C)

Postmarked

Delivery ConfirmationTM or Signature ConfirmationTM Label

USPS Express Mail

Postmark Illegible

No Postmark

Overnight Delivery Service (Specify):

Postmarked

Shipping Date

Next Business Day Delivery

Received from House Records & Registration Office

Received from Senate Public Records Office

Received from Electronic Filing Office

Date

Other (Specify):

PREPARE ^R

Date of Receipt

Date of Receipt

Date of Receipt

of Receipt or Postmarked

/o/T^

DATE PREPARED

(3/2005)

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 8 of 155
EXHIBIT 2

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 9 of 155
r

FEC

FORM 3X

REPORT OF RECEIPTS

AND DISBURSEMENTS

For Other Than An Authorized Committee

RECEIVED

;7.r, ;-iA!L ceiTE3

2010 JAN 29 AM 9: 36~l

Office Use Only

1. NAME OF

COMMITTEE (in full)

TYPE OR PRINT V Example: If typing, type

over the lines.

I I I I I I I I I I I I I I

ADDRESS (number and street)

rr-'.l Check if different

i i i

2. FEC IDENTIFICATION NUMBER CITY A STATE A ZIP CODE A

3. IS THIS

REPORT f

NEW

(N) OR

[•-" AMENDED

- (A)

4. TYPE OF REPORT (b) Monthly |pl Feb 2o (M2)

(Choose One) Report iWJ

(a) Quarterly Reports:

,=..;

L.J!

i !•

: • :

L'.-:-:i

^0

D

April 15

Quarterly Report (Q1)

July 15

Quarterly Report (Q2)

October 15

Quarterly Report (Q3)

January 31

Year-End Report (YE)

July 31 Mid-Year

Report (Non-election

Year Only) (MY)

Termination Report

(TER)

ji l! Mar 20 (M3)

[•rri

JrJ Apr20(M4)

(c) 12-Day if"

PRE-Election '~

Report for the: !j !i

LI-^-J

Election on

(d) 30-Day

POST-Election [H]

Report for the:

Election on

ii'l! May20(M5) [["!' Aug 20 (MB) if!: Nov20_(M11)

. - -' i 1 1 — • • i •• -

1

 1 {Non-Eloction

•" Year Only)

'M; Jun20(M6) !;"!. Sep 20 (M9) If',! g^^, io

M1 2)

—' -"'' YearOnM""1

ij"";i Jul20(M7) ••,']• Oct20(M10) [ :\ Jan 31 (YE)

Primary (12P) |" General (12G) ] "j! Runoff (12R)

Convention (12C) -\~ Special (12S)

••— •

|pi-j-H-jj / M--D-U-T)-: / p-v-u V-U-Y-U-Y-II jn the [i -"" )!

JL_ .. .j! ji ^._!j H_,._.^. ..-_...! State of :! ..... j!

General (30G) !| _•; Runoff (30R) ;]" ";: Special (SOS)

FM'^-SV / i/TT-T.-o-V / fr Y^-~Yr'.i-V~~¥:",l in the -:.---•-•••

!

... ....... !: |L ..-._!'• '! , ^ .. ii State of ,! .. .

5. Covering Period through f^|j ' ji^J; ' \^§&!

I certify that I have examined this Re

Type or Print Name of Ti

Signature of Treasurer

knowledge and belief it is true, correct and complete.

'"•"•rB-i1 / D''-"D" / Y"-' Y .Y' . Y •.

7

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C. §437g.

L

Office

Use

Only

FEC FORM 3X

Rev. 12/2004 1

FE6AN026

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 10 of 155
Federal Election Commission

ENVELOPE REPLACEMENT PAGE FOR INCOMING DOCUMENTS

The FEC added this page to the end of this filing to indicate how it was received.

Hand Delivered

Date of Receipt

Postmarked

USPS First Class Mail

USPS Registered/Certified

Postmarked (R/C)

Postmarked

USPS Priority Mail

Delivery ConfirmationTM or Signature ConfirmationTM Label

Postmarked

USPS Express Mail

Postmark Illegible

No Postmark

/ •

\A Overnight Delivery Service (Specify):

Shipping Date

Next Business Day Delivery

Received from House Records & Registration Office

Date of Receipt

Received from Senate Public Records Office

Date of Receipt

Received from Electronic Filing Office

Date of Receipt

Other (Specify):

Date of Receipt or Postmarked

PREPARER DATE PREPARED

(3/2005)

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 11 of 155
EXHIBIT 3

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 12 of 155
RQ-2

FEDERAL ELECTION COMMISSION

WASHINGTON, D.C 20463

March 12, 2010

Response Due Date:

April 16, 2010

Michael Curry, Treasurer

Combat Veterans for Congress PAC

1425 Century Park East, Suite 2120

Los Angeles, CA 90067

Identification Number: C00469239

Reference: Year-End Report (10/26/09-12/31 /09)

Dear Treasurer:

This letter is prompted by the Commission's preliminary review of the report(s)

referenced above. This notice requests information essential to full public disclosure of

your federal election campaign finances. Failure to adequately respond by the

response date noted above could result in an audit or enforcement action. Additional

information is needed for the following item:

-Line 1 la(i) of the Detailed Summary Page of your report discloses a total

of $16.25 in individual contributions. The sum of the entries itemized on

Schedule A, however, indicates the total to be $1625.00. Please amend

your report to clarify the discrepancy.

Please note, you will not receive an additional notice from the Commission on

this matter. Adequate responses must be received by the Commission on or before the

due date noted above to be taken into consideration in determining whether audit action

will be initiated. Failure to comply with the provisions of the Act may also result in an

enforcement action against the committee. Any response submitted by your committee

will be placed on the public record and will be considered by the Commission prior to

taking enforcement action. Requests for extensions of time in which to respond will

not be considered.

Electronic filers must file amendments (to include statements, designations and

reports) in an electronic format and must submit an amended report in its entirety, rather

than just those portions of the report that are being amended. If you should have any

questions regarding this matter or wish to verify the adequacy of your response, please

contact me on our toll-free number (800) 424-9530 (at the prompt press 5 to reach the

Reports Analysis Division) or my local number (202) 694-1140.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 13 of 155
319

Q

o

Wl

o

O

HI

icerely,

ics McAllister

Campaign Finance Analyst

Reports Analysis Division

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 14 of 155
EXHIBIT 4

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 15 of 155
r

FEC Form 3X (Rev. 06/2004)

DETAILED SUMMARY PAGE

of Receipts

~l

Page 3

Writer Type Committee Nama /

n?

Report Covering the Period: From:

I], U .

)Q 2

0-0- 1 Y • Y Y Y

7-00

'M M ' / ' 0 D / ' Y Y Y • Y

T

°

:

 ••/,£•• ''•'St..

I. Receipts

COLUMN A

Total This Period

11. Contributions (other than loans) From:

(a) Individuals/Persons Other

Than Political Committees

(i) Itemized (use Schedule A)

- COLUMN B

Calendar Year-to-Date

.;/..

(ii) UnBemized..... ..-..- , (>(/j£_x-~- . • -.•• . ,

(iii) TOTAL (add '

Lines 11 (a)(i) and (ii) > ' . ? -/* fo Z5>- Q'& „.;,.. ».

(b) Political Party Committees .,.... , ... i] . , . . ,

(c) Other Political Committees ... ..

(such as PACs) . • , .. ..,.•• . • . :. > i

(d) Total Contributions (add Lines .

11 (a)(iii), (b), and (c)) (Carry

Totals to Line 33, page 5) ^ ..... . , .. ... j- ....».. -

12. Transfers From Affiliated/Other . . •• - . • .. • . . -.-..?. " .

Party Committees .,,'. . , . ,. 5 . ., .

13. All Loans Received r • i • 3

- . . • .. . •••-.•• ••• . •• • •. ...• . • ......... ... . cn - j—i

14. Loan Repayments Received ... . ••"">'

15. Offsets To Operating Expenditures

(Refunds, Rebates, etc.) . . :•••• •• ... •- ... g . TJH

(Carry Totals to Line 37, page 5) . ? . -......' "..... , .,. . 1L '^}

16. Refunds of Contributions Made • .. • . ^

to Federal Candidates and Other .... ••••-. •

 :

 ....... .

Political Committees ' , . ., , . . . ..... .

17. Other Federal Receipts \ .

?

/ .......'.; . : ' .: . :'..:..',.. .

(Dividends, Interest, etc.)

18. Transfers from Non-Federal and Levin Funds -

(a) Non-Federal Account •• . • - . - - •

(from Schedule H3) , , . . . .-,. , •

(b) Levin Funds (from Schedule H5) . , ,. -.-.: . . > - ,. . . -.

(c) Total Transfers (add 18(a) and 18(b))..

19. Total Receipts (add Lines 11(d), .... .

12, 13, 14, 15, 16, 17. and 18(c)) * ^ I

. : • ' •:. - • • If •

20. Total Federal Receipts ••-.-••- .

(subtract Line 18(c) from Line 19)...: >

L

FE6AN026

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 16 of 155
Federal Election Commission

ENVELOPE REPLACEMENT PAGE FOR INCOMING DOCUMENTS

The FEC added this page to the end of this filing to indicate how it was received.

Hand Delivered

Date of Receipt

USPS First Class Mail

Postmarked

3 A oL

USPS Registered/Certified

Postmarked (R/C)

Postmarked

USPS Priority Mail

Delivery ConfirmationTM or Signature ConfirmationTM Label

Postmarked

USPS Express Mail

Postmark Illegible

No Postmark

Overnight Delivery Service (Specify):

Shipping Date

Next Business Day Delivery

Received from House Records & Registration Office

Date of Receipt

Received from Senate Public Records Office

Date of Receipt

Received from Electronic Filing Office

Date of Receipt

Other (Specify):

Date of Receipt or Postmarked

PREPARER DATE PREPARED

(3/2005)

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 17 of 155
EXHIBIT 5

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 18 of 155
r

FEC

FORM 3X

REPORT OF RECEIPTS

AND DISBURSEMENTS

For Other Than An Authorized Committee

Office Use Only

1. NAME OF

COMMITTEE (in full)

TYPE OR PRINT T Example: If typing, type ;i'12FE4M5'1

over the lines. "... r* _ n. _«._. •

ADDRESS (number and street)

7

7

'

1

 Check if different

/ X

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I

i i i i i i

2. FEC IDENTIFICATION NUMBER T CITY A STATE A ZIP CODE A

3. IS THIS \?f NEW :,-:! AMENDED

REPORT /BJi (N) OR !Ui (A)

4. TYPE OF REPORT (b) Monthly r=jj Feb 20 (M2)

(Choose One) Report -~-

(a) Quarterly Reports:

. XVr April 15

if*, Quarterly Report (Q1)

:; ;.: July 15

•.!-_- .: Quarterly Report (Q2)

''":| October 15

i.-.. l! Quarterly Report (Q3)

"HJ January 31

,:..!i Year-End Report (YE)

irji July 31 Mid-Year

L'-.-'J Report (Non-election

Year Only) (MY)

|!~1J Termination Report

LL-JI (TER)

Due On: .--v,

hi Mar20(M3)

L'-.Tia

JH Apr 20 (M4)

L---.J

(c) 12-Day ![j]

PRE-Election ~

Report for the: jj~jl

L~J

Election on

(d) 30-Day

POST-Election ,;"]j

Report for the:

ifl May20(M5) il";

U-..7-I J= ..

Aug 20 (MB) ifl]

Lr.-L!

il'l Jun 20 (M6) |~!j Sep 20 (M9) jH

iT7! Jul 20 (M7) j"!

Lrz-'i Ji-.-.

Oct 20 (M10) p',

CT— j

Primary (12P) |["|i General (12G) [i""ji

-•— -i_J

Nov20(M11)

YaBrOn!v?0n

Dec 20 (M1 2)

Ye» Onry)'""

Jan 31 (YE)

Runoff (12R)

Convention (12C) ''•'"}( Special (12S)

_•=: .

||-M-U-M-j| / jp>- --"-]] '!j-Y---^ rr~-r ij in the

..,_.!] State

General (30G) :.~ ji Runoff (30R) •; ]'

Of | . ._•!._!

 :

Special (30S)

FM---M-|1 / i.-D-u- D- ,} 1 rrT-..-Y V Y-, -y ; jn fog - , • -.

Election on 'i !' ' I: il

.,._..._.: State of ;;.._••-.=:.•

5. Covering Period

-

I

 •..- '

|^| ]£0J.O\ through

I certify that I have examined this Report and to^^ best/f my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer _ /^"-

Signature of Treasurer Date

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C. §437g.

'••'«!', I i!'D"u"D' I' / , "Y •• Y Y -'Y',1

L

Office

Use

Only

FEC FORM 3X

Rev. 12/2004 1

FE6AN026

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 19 of 155
Federal Election Commission

ENVELOPE REPLACEMENT PAGE FOR INCOMING DOCUMENTS

The FEC added this page to the end of this filing to indicate how it was received.

Hand Delivered

Date of Receipt

Postmarked

USPS First Class Mail

4il*

USPS Registered/Certified

Postmarked (R/C)

Postmarked

USPS Priority Mail

Delivery ConfirmationTM or Signature ConfirmationTM Label

Postmarked

USPS Express Mail

Postmark Illegible

No Postmark

Overnight Delivery Service (Specify):

Shipping Date

Next Business Day Delivery

Received from House Records & Registration Office

Date of Receipt

Received from Senate Public Records Office

Date of Receipt

Received from Electronic Filing Office

Date of Receipt

Other (Specify):

Date of Receipt or Postmarked

PREPARER DATE PREPARED

(3/2005)

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 20 of 155
EXHIBIT 6

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 21 of 155
RQ-2

FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

June 16, 2010

Michael Curry, Treasurer Response Due Date:

Combat Veterans for Congress PAC July 21,2010

1425 Century Park East, Suite 2120

Los Angeles, CA 90067

Identification Number: C00469239

Reference: April Quarterly Report (1/1/10-3/31/10)

Dear Treasurer:

O

N.

,H This letter is prompted by the Commission's preliminary review of the report(s)

*-' referenced above. This notice requests information essential to full public disclosure of

^ your federal election campaign finances. Failure to adequately respond by the

O response date noted above could result in an audit or enforcement action. Additional

w

 information is needed for the following 5 items:

O

r* 1. Your report includes computer produced formats of Schedules A and B.

Computer produced formats may only be used upon prior approval of the

Commission. You should submit a separate sample format with a cover

letter requesting approval. Until your format has been approved, FEC

forms must be used. 11 CFR § 104.2(d)

If the software your committee is using to produce the Schedules of the

FEC FORM 3X does not allow you to electronically file your report, you

may want to call the vendor who produced your software to inquire about -

the availability of a software upgrade that includes electronic filing. A

number of commercial software companies have added electronic filing

capability to their products. A list of these companies is available on the

FEC web site, http://www.fec.gov.

Alternatively, freeware (FECfile) available from the FEC, can help you

complete and file your reports electronically. It installs easily,

computerizes every schedule in the FEC FORM 3X, contains features to

help you avoid common errors, allows you to file electronically, and has

free technical support for your questions. You may obtain your free copy

by downloading FECfile from our web site, http://www.fec.gov, or by

calling the Electronic Filing Office at (202) 694-1307.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 22 of 155
COMBAT VETERANS FOR COMBAT PAC

Page 2

2. Please provide the total(s) for Line 21(c), Column A of the Detailed

Summary Page. Note that changes in your figures may affect your Column

B totals on this report and/or on subsequent reports.

3. The beginning cash balance of this report should equal the ending

balance of your 2009 Year-End Report. Please clarify this discrepancy and

amend any subsequent report(s) that may be affected by this correction.

4. Please provide a Schedule A to support the entry disclosed on Line

ll(a)(i) of the Detailed Summary Page. All contributions from

individuals/persons other than political committees aggregating in excess of

$200 per year must be itemized on Schedule A. 11 CFR § 104.3(a)(2)

5. Line 21(b) of the Detailed Summary Page discloses operating

expenditures during the reporting period. Please amend your report to

""' clarify whether this figure includes any disbursements to payees that

_i aggregate greater than $200 in the calendar year. If this is the case, itemize

-H the expenditures on Schedule B. 11 CFR § 104.3(b)(3)

LA

£) -Line 21 (a) of the Detailed Summary Page should only be used to report the

OT federal and non-federal shares of allocable activities. If your committee has

® only one account, the total federal operating expenditures (administrative

,H expenses) should be reported on Line 21(b). Please amend your report to

confirm the nature of your expenditures and to provide the total on the

appropriate line.

-For future filings, please note that your committee need only file the pages

on which you have itemized activity. Schedules with no activity may be

omitted.

Please note, you will not receive an additional notice from the Commission on

this matter. Adequate responses must be received by the Commission on or before the

due date noted above to be taken into consideration in determining whether audit action

will be initiated. Failure to comply with the provisions of the Act may also result in an

enforcement action against the committee. Any response submitted by your committee

will be placed on the public record and will be considered by the Commission prior to

taking enforcement action. Requests for extensions of time in which to respond will

not be considered.

Electronic filers must file amendments (to include statements, designations and

reports) in an electronic format and must submit an amended report in its entirety, rather

than just those portions of the report that are being amended. If you should have any

questions regarding this matter or wish to verify the adequacy of your response, please

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 23 of 155
rs

LA

©

O

COMBAT VETERANS FOR COMBAT PAC

Page 3

contact me on our toll-free number (800) 424-9530 (at the prompt press 5 to reach the

Reports Analysis Division) or my local number (202) 694-1140.

Sincerely,

319

bs McAlW

ipaign Finance Analyst

sports Analysis Division

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 24 of 155
EXHIBIT 7

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 25 of 155
07/14/2010 21 : 43

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 10930955459

C00469239 X

1425 CENTURY PARK EAST SUITE 2120

LOS ANGELES CA 90067

X

0 1 0 1 2 0 1 0 0 3 3 1 2 0 1 0

F. Michael Curry

F. Michael Curry 0 7 1 5 2 0 1 0

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 26 of 155
EXHIBIT 8

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 27 of 155
07/15/2010 13 : 15

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 10990880268

C00469239 X

1425 CENTURY PARK EAST SUITE 2120

LOS ANGELES CA 90067

X

0 4 0 1 2 0 1 0 0 6 3 0 2 0 1 0

F. Michael Curry

F. Michael Curry 0 7 1 5 2 0 1 0

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 28 of 155
EXHIBIT 9

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 29 of 155
RQ-2

FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

August 4, 2010

Michael Curry, Treasurer Response Due Date:

Combat Veterans for Congress PAC September 8,2010

1425 Century Park East, Suite 2120

Los Angeles, CA 90067

Identification Number: C00469239

Reference: Amended April Quarterly Report (1/1/10 - 3/31/10), received 7/14/10

Dear Treasurer:

wi

HI

go This letter is prompted by the Commission's preliminary review of the report(s)

^ referenced above. This notice requests information essential to full public disclosure of

^ your federal election campaign finances. Failure to adequately respond by the

O response date noted above could result in an audit or enforcement action. Additional

M|

 information is needed for the following 4 items:

e>

HI 1. Schedule A of your report (see attached) discloses one or more

contributions which appear to exceed the limits set forth in the Act. 2

U.S.C. §441a(f) and 11 CFR §§ 110.1(d) and 110.2(d) prohibit a committee

and its affiliates from receiving any contribution from another political

committee or person in excess of $5,000 per calendar year.

If any apparently excessive contribution in question was incompletely or

incorrectly disclosed, you must amend your original report with the

clarifying information.

If any contribution you received exceeds the limits, you may have to

refund the excessive amount. The funds can be retained if within 60 days

of receipt, (1) the excessive amount was properly reattributed to another

person, such as a joint account holder, by obtaining signed written

authorizations from each person making the contribution pursuant to 11

CFR 110.1(k)(3), and (2) the treasurer informs the person making the

contribution that he or she may request the return of the excessive portion

of the contribution if it is not intended to be a joint contribution. Any

request from a donor for a refund must be honored.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 30 of 155
COMBAT VETERANS FOR CONGRESS PAC

Page 2

Alternatively, the funds can be retained if within 60 days of receipt you (1)

transferred the excessive amount to an account not used to influence federal

elections, and (2) provided written notice to the person making the

contribution of the option of receiving a refund. Any request from a donor

for a refund must be honored.

If the foregoing conditions for reattributions or transfers to a non-federal

account were not met within 60 days of receipt, the excessive amount must

be refunded.

Please inform the Commission of your corrective action promptly in

writing and provide a photocopy of your check for any transfer-out or

refund. In addition, any reattributions should be reported as memo entries

on Schedule A of the report covering the period during which the

authorization for the reattribution is received. Any transfers-out or refunds

should be disclosed on Schedule B supporting Line 22 or 28 of the report

during which the transaction was made.

Although the Commission may take further legal action regarding the

acceptance of an excessive contribution(s), prompt action by your

committee to seek reattribution, transfer-out or refund the excessive amount

will be taken into consideration.

2. Commission Regulations require that a committee discloses the

identification of all individuals who contribute in excess of $200 in a

calendar year. (11 CFR § 104.3(a)(4)(i)) Identification for an individual is

defined as the full name (first name, middle name or initial, if available,

and last name; initials for first and last name are not acceptable), complete

mailing address, occupation, and name of employer. (11 CFR § 100.12)

Your report discloses contributions from individuals for which the

identification is not complete.

You must provide the missing information, or you are unable to do so, you

must demonstrate that "best efforts" have been used to obtain the

information. To establish "best efforts," you must provide the Commission

with a detailed description of your procedures for requesting the

information. Establishing "best efforts" is a three-fold process.

First, your original solicitation must include a clear and conspicuous

request for the contributor information and must inform the contributor of

the requirements of federal law for the reporting of such information. (11

CFR § 104.7(b)(l)) See 11 CFR § 104.7(b)(l)(B) for examples of

acceptable statements regarding the requirements of federal law.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 31 of 155
COMBAT VETERANS FOR CONGRESS PAC

Page3

Second, if the information is not provided, you must make one follow-up,

stand alone effort to obtain this information, regardless of whether the

contribution(s) was solicited or not. This effort must occur no later than 30

days after receipt of the contribution and may be in the form of a written

request or an oral request documented in writing. (11 CFR § 104.7(b)(2))

The requests must:

• clearly ask for the missing information, without soliciting a

contribution;

• inform the contributor of the requirements of federal law for the

reporting of such information, and

• if the request is written, include a pre-addressed post card or return

envelope.

Third, if you receive contributor information after the contribution(s) has

been reported, you should either a) file with your next regularly scheduled

report, an amended memo Schedule A listing all the contributions for which

additional information was received; or b) file on or before your next

regularly scheduled reporting date, amendments to the report(s) originally

disclosing the contribution(s). (11 CFR § 104.7(b)(4))

Please amend your report to provide the missing information or a detailed

description of your procedures for requesting the information. For more

information on demonstrating "best efforts," please refer to the Campaign

Guide.

3. Please amend your report by providing the address and purpose for each

disbursement itemized on Schedule(s) H4 supporting Line(s) 21 (a).

4. Please clarify all expenditures made for "Printed invitations," "music for

fundraiser" and "liability insurance for fundraiser" on Schedule H4. If a

portion or all of these expenditures were made on behalf of specifically

identified federal candidates, this amount should be disclosed on Schedules

B or E supporting Lines 23 or 24 and include the amount, name, address

and office sought by each candidate. 11 CFR §§104.3(b) and 106.1

Alternatively, if the payment(s) on Schedule H4 is associated with

fundraising activity conducted for your committee's federal and non-federal

accounts, it must be allocated according to the funds received method and

the ratio reflected on Schedule H2. Further, it must be categorized as a

fundraising activity on Schedule H4. Please provide clarifying information

regarding the nature of this transaction(s) and amend your report(s) as

appropriate.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 32 of 155
(0

HI

CO

iN

CD

T

O

tf[

O

COMBAT VETERANS FOR CONGRESS PAC

Page 4

-Schedule H4 of your report discloses activity which is 100% federal. For

future reporting, please be advised that any activity which is financed

entirely by the federal account (including administrative expenses), should

be reported on Schedule B supporting Line 21(b).

Please note, you will not receive an additional notice from the Commission on

this matter. Adequate responses must be received by the Commission on or before the

due date noted above to be taken into consideration in determining whether audit action

will be initiated. Failure to comply with the provisions of the Act may also result in an

enforcement action against the committee. Any response submitted by your committee

will be placed on the public record and will be considered by the Commission prior to

taking enforcement action. Requests for extensions of time in which to respond will

not be considered.

Electronic filers must file amendments (to include statements, designations and

reports) in an electronic format and must submit an amended report in its entirety, rather

than just those portions of the report that are being amended. If you should have any

questions regarding this matter or wish to verify the adequacy of your response, please

contact me on our toll-free number (800) 424-9530 (at the prompt press 5 to reach the

Reports Analysis Division) or my local number (202) 694-1140.

Sine

319

McAllister

.paign Finance Analyst

sports Analysis Division

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 33 of 155
•-I

CO

<N

O

«J

O

v\

O

O

COMBAT VETERANS FOR CONGRESS PAC

PageS

Contributor Name

Kazanjian, Michael

Date Amount Report

2/15/10 | $8,300.00 I 2010 April Quarterly

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 34 of 155
EXHIBIT 10

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 35 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 36 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 37 of 155
EXHIBIT 11

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 38 of 155
1

Dan Backer

From: Dan Backer <DBacker@DBCapitolStrategies.com>

Sent: Friday, October 15, 2010 10:35 AM

To: 'crryco@aol.com'

Subject: CVFC PAC reporting

Dear Mr. Curry,

I hope you are doing well and catching your breath from the successful Patriotic Gala!

I wanted to see if I could be of any assistance to you with questions you may have regarding the PAC’s filings.

I realize that there’s a lot coming at you all at once: the Q2 reporting issues & missed deadline to respond to the FEC’s

Request for Additional Information(RAI), the Q3 report due today, the pre‐election report due on 10/21 (covering 10/1 –

10/13), and the post‐election (due 12/2, covering 10/14 – 11/22) & year‐end (1/31) reports as well.  In particular, the

potential penalties related to not responding to the RAI on your Q2 and working closely with the FEC can be

significant.  Your analyst, James McAllister, is a very reasonable fellow with whom I’ve worked on similar client issues in

the past, but at some point his hands are tied by the process.

If you have any questions on this, I am available to discuss.

Regards,

Dan Backer, Esq.

202‐210‐5431

DB Capitol Strategies

PAC * GRASSROOTS * ADVOCACY * NONPROFIT

Home of The Strategist, a monthly PAC update

www.DBCapitolStrategies.com

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 39 of 155
EXHIBIT 12

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 40 of 155
1

Dan Backer

From: crryco@aol.com

Sent: Monday, October 18, 2010 12:15 PM

To: jrjassoc@earthlink.net; DBacker@DBCapitolStrategies.com

Cc: drdekcombatvet@yahoo.com; tony12pm@yahoo.com; bgoldwaterjr@cox.net; 

mjk@raregems.net; Jakre@andersonlawcal.com; kenneth.margala@gmail.com

Subject: Re: CVFC PAC Reporting issues

Joe 

while I thought you had someone else to do the accounting and reporting, the fact that it will cost the PAC over $5000 is 

ridiculous. Ken Margala and I will do it. I have a call in to the FEC. Call me Joe 

Mike 

-----Original Message----- 

From: Joseph R. John <jrjassoc@earthlink.net> 

To: 'Dan Backer' <DBacker@DBCapitolStrategies.com> 

Cc: 'Capt Frank Drdek' <drdekcombatvet@yahoo.com>; 'Michael Curry' <crryco@aol.com>; 'Reverge C. Anselmo,USMC' 

<tony12pm@yahoo.com>; 'Cong Barry M. Goldwater' <bgoldwaterjr@cox.net>; 'Michael J. Kazanjian(USN)' 

<mjk@raregems.net>; 'Jan Akre, Esq, USMC ' <Jakre@andersonlawcal.com>; 'Kenneth Margala' 

<kenneth.margala@gmail.com> 

Sent: Mon, Oct 18, 2010 1:00 am 

Subject: CVFC PAC Reporting issues 

Dan,

 Mike mentioned to me quite sometime back, that he had to correct an Q1 FEC report. That $8300 was from Michael 

Kazanjian and his wife, so it should have been $4150 each, I have no idea what is missing but Mike can clarify that, Mike 

has the check book and bills, so he knows what was paid for. So you will charge us $200o to correct that Q1 FEC report..

 You will review and correct the 2Q report for a charge of $75. It would be helpful if you could tell Mike I wrong with the

2Q Report so he could provide you with the missing information. 

 I understand from your E-mail that the 3Q FEC Report was due on Friday, and was not submitted. So you would 

charge us $1500 to work with Mike to use the information he has to file it.

 To file the 10/1-10/3 report you say would require a charge of $1500. So your total charge to accomplish the above 

will be $5075. As we want to distribute as much to the Combat Veterans For Congress for the election in two weeks, 

would you consider doing the above work, while obtaining the information from Mike going back to the first quarter for a 

reduced fee?

 Have you previously discussed the above information on the three quarterly reports with Mike Curry? We would like 

you to help bring us in compliance to protect the Treasurer, I feel certain he has the information you need. Thank you for 

looking out for our welfare Dan.

Respectfully,

Joe 

Joseph R. John

Combat Veterans For Congress PAC

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 41 of 155
EXHIBIT 13

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 42 of 155
Communications Log 

Committee ID: C00469239 Multi-Candidate Status/Date: No 

Committee Name: COMBAT VETERANS FOR CONGRESS PAC Date Effective: 

Committee Designation: UNAUTHORIZED Committee Type: NON-PARTY NON-QUAUFIED 

Filing Frequency: QUARTERLY ALER Treasurer Name: WIGGS, DAVID H. MR. 

264 SOUTH LA CIENEGA BLV 

Candidate ID: Not Available Committee Address: SUITE 186 

BEVERLY HILLS,CA 90211 

Candidate Name: Not Available Analyst Assigned: James McAllister 

Special Interest Group: Not Available Analyst Extension: 1140 

" , 

:: ", > L,;,< » . 

Michael Curry 10/19/2010 11:00 AM James R McAllister Phone Call 

, Mr. Curry called to let me know the committee failed to get their 2010 Q3 report in on time because the group was 

, Icompletely "swamped". I urged him to get it in as soon as possible and he said it would be in by the end of the week. 

" "'",, 't\; . J}} ,:n:>, .\.', '~~ ......"'.,.. " "'",' 

Michael Curry 11/03/2010 11:05 AM James R McAllister Phone Call 

Mr. Curry called to apologize for not getting his 2010 Q3 report in on time. He said he was very busy and would try to 

get It in by the end of the week. 

"j' ,', 

.' .:':.' S', ",.:} 

. "

, 

• .:"~:" j. 

Michael Curry 

I "",." , 

Phone Call 

I 

Mr. Curry called to say that he needed help itemizing activity in FECfile. I explained that he needed to make sure he 

opened the same .dcf file so his YTD totals would be accurate. I talked him through creating a new report and itemizing 

',. 

11/08/201011:40 AM !James R McAllister 

an individual contribution to get him started. He said he would call back if he had any further questions. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 43 of 155
Icc .<' , . , , 

;, ',.: "', :., ; . 

Michael Curry 12/02/2010 10:30 AM James R McAllister Phone call 

Mr. Curry called to get clarification for the coverage dates for the 30G report. I told him because his committee didn't file a .... 12G, the coverage dates were 10/1/10-11/22/10. He said he would call back with any further reporting questions. 

" 

.: .,/. .. '. .: ; 

' . 

'. 

Joe John 12/13/2010 03:50 PM James R McAllister Phone call 

Mr. John called because his committee's treasurer, Mr. Curry, was on his way out as the committee's treasurer and he 

wanted to know what he needed to do to change the treasurer. I explained the committee needed to submit an F1A that 

showed the new treasurer once a new one was chosen. He then asked if the committee needed to file the 12G and 30G, 

and I said the committee definitely needed to file the 30G and may need to file the 12G based on whether the committee 

made expenditures to influence a federal election from 10/1/10-10/13/10. I told him the coverage dates for the 12G and 

30G (1O/1/1O-1O/13/1O and 10/14/10-11/22/10, respectively) and told him that the reports would be late but that he 

should submit them as soon as possible in order to mitigate any fines or penalties. He then asked whether the reports 

needed to be filed electronically, and I said that because the committee had filed electronically on previous reports, they 

would need to keep filing electronically for future submissions. He finally asked the coverage dates for the YE report, which 

I said were 11/23/10-12/31/10, with a due date of 1/31/11. He said he understood and that he would call me back with 

any further questions. 

'. .' . ; "':;;::,";,' . ;':';~';~: ;''~.:\:: :'~~~;;;i~t~~~}[~I'~~~~: ';'1, ;":i~ •• :;:;~:;}:' '; .;' . 

Michael Curry 12/15/2010 10:05 AM James R McAllister Phone call 

. 

Mr. Curry called to ask about resigning as treasurer of the PAC. I explained that as far as the FEC was concerned, he was 

still listed as the treasurer for the PAC and would be considered the treasurer until the committee submitted a FIA that 

showed a new treasurer. He asked if he needed to submit a letter of resignation and I told him he could if he wanted to 

but that all that is required is a F1A that showed a new treasurer. He said he would call back if more questions arose. 

Mr. Backer called to check in on the committee's status with RQ-2s. The committee had not responded to RQ-2s regarding 

.'., 	the 2010 QIA and Q3 reports, dated 8/4/10 and 12/22/10, respectively. Both reports had excessive individual contributions 

and omitted contributor information, which Mr. Backer said was a result of poor record management which was being 

addressed by the committee. The Q1A report also had omitted information on H4, which Mr. Backer said would be 

addressed on the amendment. He then said the committee was aware it had failed to file the 2010 30G report and that it 

would be considered late, and that they would get it in as soon as possible. He then asked about a cash contribution the 

committee had received of over $2000. I explained that any cash contribution over $100 was impermissible and advised 

the committee to refund the cash and request a check from that donor. He said he would continue to work on the reports 

•in question and call back with any further questions. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 44 of 155
'. 

.. 

Dan Backer 01/11/2011 02:20 PM James R McAllister Phone Call 

Mr. Backer called me to give an update on him fixing the committee's reports. He said he rebuilt the 2010 Ql, Q2 and Q3 

reports to get accurate YTD values. He said he was almost done with the late 2010 12G and 30G reports and that he would 

turn those in today or tomorrow. He said he would call back if he had problems with the upload. 

>: ...' "> •. .....•.••. ..~.\'./' ... "<' ". . .'. >i ... ;, :.'~."." ..... .... 

Dan Backer 01/25/2011 10:55 AM James R McAllister Phone Call 

.... " Mr. Backer called to let me know he had amended the 2009 YE and all the 2010 reports and that they should ali be okay 

and answer the RFAls the FEC had sent the committee. He said that he would call back if anything else arose with the 

committee. 

Dan Backer 02/04/2011 03:05 PM Sari Pickeral! Phone Call 

Mr. Backer returned my call regarding AF 2199. I stated we had no response from the committee regarding the fine. He 

wanted to know when the letter was delivered and I told him someone had signed for it on 12/28/2010. He stated that 

address was older and the treasurer at the time, Michael Curry, must have received the letter and never told them about it. 

He wanted to know if it was posted on the website and I stated it was not. We went over the reason late filing of the 

2010 October Quarterly report and the amount. $4,400. Mr. Backer stated the treasurer disappeared and didn't disclose to 

the committee that the reports were filed late and the fine was due. He stated they have updated their Form 1 on 1/28/11. 

However, he stated he filed the reports that were due and also filed an amendment to the 2010 October Quarterly report. I 

stated at FD the amounts would be recalculated and the fine would be assessed on the amended amount. I guided him to 

the website for further information. I offered to fax Mr. Backer a copy of the AF letter. He gave me his fax number and I 

faxed him the letter. He wanted to know if he could dispute it as the treasurer did not let them know what was gOing on 

and if the treasurer at the time of the violation would be held responsible. I guided him to the challenge portion of the 

letter and informed him that the reasons he stated were not "challengeable". I also stated that the challenge deadline was 

over. He stated he understood and then stated there were some reports following after that were filed late as well. I told 

him that fines were assessed on a report by report basis. I told him that the FD letter would be sent to the current address 

of the committee and if he had any further questions he could call me. He wanted to know what would happen if the 

treasurer doesn't pay. I stated that after FD, there is a time frame to pay, however, it would be best to pay the fine at the 

FD level to avoid transfer to Treasury and a high interest rate. He stated he understood. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 45 of 155
, ': 
 , 
 : 'c;.~: <•. '.• ::" . \,',; ' .... :"" . 

Joe John 02/04/2011 05:56 PM Sari Pickeral! Phone Call 

'.' I received a call from Mr. Johns stating that the treasurer Michael Curry walked out in October and did not file the required 

reports. The committee then hired an attorney, Mr. Backer, to file the reports not filed and amend others to correct the 

situation. He stated that he is now aware that the reports were not filed timely and he believes Michael Curry (treasurer at 

the time) is responsible and gave me Mr. Curry's telephone number and address. He stated they filed an amended 

Statement of Organization in January of 2011 with a new treasurer and address. 

.i 

Joe John 02/16/201111:18 AM 

I spoke to Mr. John regarding a letter he sent to me regarding AF#2199. He stated they did n

public as he did not want to hurt the treasurer. He stated the treasurer walked out on them a

fine information with them. The committee hired an outside auditor and then filed reports. He 

2010 12G and 30G reports being late as well. He stated the committee called their analyst and was told not to file the 12G 

ot want the letter made 

nd did not share any of the 

was concerned about the 

report, just to file the 30G report, however, Mr. John said he believed this Information was incorrect and filed a 12G and 

30G. He questioned as to whether or not consideration was given to committees with situations like this. I explained the 

at there is a challenge 

derstood and that it was 

elp. I confirmed the new 

1. Mr. John was concerned 

e will go to the current 

, inistrative Fine process and the criteria that goes into the fine calculation. I also stated th

. process, but situations like this normally do not fit into the challenge process. He stated he un

pretty cut and dry. I guided him to the website for the AF calculator. He thanked me for my h

address for the committee with a new Statement of Organization being filed in January of 201

as Mr. Curry was receiving the correspondence for the committee. I stated the correspondenc

address on the committee's Statement of Organization. 

Sari Pickerall Phone Call 

Mr. John called me regarding AF 2355 and stated that he received the RTB Letter; however, the committee is sending a 

challenge. I advised him to read the challenge section. He stated it is the same scenario with the treasurer resigning and 

I explained that normally the scenario he is describing does not fall within the challenge guidelines. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 46 of 155
EXHIBIT 14

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 47 of 155
FEDERAL ELECTION COMMISSION November 4, 2010 

WASHINGTON, D.C. 20463 

RQ-7 

MICHAEL CURRY, TREASURER 

COMBAT VETERANS FOR CONGRESS PAC 

1425 CENTURY PARK EAST SUITE 2120 

LOS ANGELES, CA 90067 

IDENTIFICATION NUMBER: C00469239 

REFERENCE: OCTOBER QUARTERLY REPORT 7/1/2010 - 9/30/2010 

DEAR TREASURER: 

IT HAS COME TO THE ATTENTION OP THE FEDERAL ELECTION COMMISSION THAT YOU MAY 

HAVE FAILED TO FILE THE ABOVE REFERENCED REPORT OP RECEIPTS AND EXPENDITURES AS 

REQUIRED BY THE FEDERAL ELECTION CAMPAIGN ACT, AS AMENDED. 

IT IS IMPORTANT THAT YOU FILE THIS REPORT IMMEDIATELY WITH THE PEDERAL ELECTION 

COMMISSION, 999 E STREET, N.W., WASHINGTON, D.C, 20463. PLEASE NOTE THAT 

ELECTRONIC FILERS MUST SUBMIT THEIR REPORTS ELECTRONICALLY, AS PER 11 CFR §104.18. 

A COPY OF THE REPORT OR RELEVANT PORTIONS MUST ALSO BE FILED WITH THE SECRETARY OF 

THE STATE OR EQUIVALENT STATE OFFICER UNLESS THE STATE IS EXEMPT FROM THE FEDERAL 

REQUIREMENT TO RECEIVE AND MAINTAIN PAPER COPIES. YOU CAN VERIFY THE COMMISSION'S 

RECEIPT OP ANY DOCUMENTS SUBMITTED BY YOUR COMMITTEE ON THE FEC WEBSITE AT 

WWW.FEC.GOV. 

THE FAILURE TO TIMELY PILE THIS REPORT MAY RESULT IN CIVIL MONEY PENALTIES, AN 

AUDIT OR LEGAL ENFORCEMENT ACTION. THE CIVIL MONEY PENALTY CALCULATION FOR LATE 

REPORTS DOES NOT INCLUDE A GRACE PERIOD AND BEGINS ON THE DAY FOLLOWING THE DUE 

DATE FOR THE REPORT. DUE TO HEIGHTENED SECURITY SCREENING MEASURES, DELIVERY OP 

MAIL BY THE US POSTAL SERVICE MAY BE DELAYED. THE COMMISSION RECOMMENDS THAT YOU 

SUBMIT YOUR REPORT VIA OVERNIGHT DELIVERY OR COURIER SERVICE. 

IP YOU HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT SARI PICKERALL 

AT OUR TOLL FREE NUMBER (800)424-9530. OUR DIRECT LOCAL NUMBER IS (202)694-113 0. 

SINCERELY, 

^[^iiilLiiCliacana, 

DEBBIE CHACONA 

ASSISTANT STAFF DIRECTOR 

REPORTS ANALYSIS DIVISION (RAD) 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 48 of 155
EXHIBIT 15

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 49 of 155
11/08/2010 12 : 16

STATEMENT OF FEC ORGANIZATION FORM 1

(See instructions)

Office use only

1. NAME OF (Check if name Example: If typying, type

COMMITTEE (in full) is changed) over the lines 12FE4M5

ADDRESS (number and street)

(Check if address

is changed)

_

CITY STATE ZIP CODE

COMMITTEE'S E-MAIL ADDRESS (Please provide only one e-mail address)

(Check if address

is changed)

COMMITTEE'S WEB PAGE ADDRESS (URL)

(Check if address

is changed)

2. DATE M M / / D D Y Y Y Y

3. FEC IDENTIFICATION NUMBER C

4. IS THIS STATEMENT NEW (N) OR AMENDED (A)

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete

Type or Print Name of Treasurer

M M / D D / Y Y Y Y

Electronically Filed by Signature of Treasurer Date

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to the penalties of 2 U.S.C. §437g.

ANY CHANGE IN INFORMATION SHOULD BE REPORTED WITHIN 10 DAYS

Use

Office

Only

For further information contact:

Federal Election Commission FEC FORM 1

Toll Free 800-424-9530 (Revised 02/2009)

Local 202-694-1100

Image# 10931783382

X

C00469239

COMBAT VETERANS FOR CONGRESS PAC

X

1925 CENTURY PARK EAST SUITE 2120

LOS ANGELES CA 90067

jrjassoc@earthlink.net

X

www.combatveteransforcongress.org

1 1 0 7 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 1 1 0 8 2 0 1 0

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 50 of 155
FEC Form 1 (Revised 02/2009) Page 2

5. TYPE OF COMMITTEE (Check One)

This committee is a principal campaign committee. (Complete the candidate information below.)

Candidate Committee:

(a)

(b) This committee is an authorized committee, and is NOT a principal campaign committee. (Complete the candidate

information below.)

Name of

Candidate

Candidate Office State

Party Affiliation Sought: House Senate President

District

(c) This committee supports/opposes only one candidate, and is NOT an authorized committee.

Name of

Candidate

Party Committee:

(Democratic, (National, State

(d) This committee is a (or subordinate) committee of the Republican,etc.) Party.

(e) This committee is a separate segregated fund. (Identify connected organization on line 6.) Its connected organization is a:

Political Action Committee (PAC):

Corporation Corporation w/o Capital Stock Labor Organization

Membership Organization Trade Association Cooperative

(f) This committee supports/opposes more than one Federal candidate, and is NOT a separate segregated fund or party

In addition, this committee is a Lobbyist/Registrant PAC.

committee. (i.e., nonconnected committee)

In addition, this committee is a Lobbyist/Registrant PAC.

In addition, this committee is a Leadership PAC. (Identify sponsor on line 6.)

Joint Fundraising Representative:

(g) This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political

committees/organizations, at least one of which is an authorized committee of a federal candidate.

This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political (h) committees/organizations, none of which is an authorized committee of a federal candidate.

Committees Participating in Joint Fundraiser

1. FEC ID number C

2. FEC ID number C

FEC ID number C 3.

FEC ID number C 4.

Image# 10931783383

X

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 51 of 155
FEC Form 1 (Revised 02/2009) Page 3

Write or Type Committee Name

6. Name of Any Connected Organization, Affiliated Committee, Joint Fundraising Representative, or Leadership PAC Sponsor

Mailing Address

CITY STATE ZIP CODE . . .

Relationship:

Connected Organization Affiliated Committee Joint Fundraising Representative Leadership PAC Sponsor

7. Custodian of Records: Identify by name, address, (phone number -- optional), and position of the person in

possession of Committee books and records.

Full Name

Mailing Address

_

Title or Position . CITY . STATE. ZIP CODE .

_ _

Telephone number

name and address of any designated agent (e.g., assistant treasurer).

8. Treasurer: List the name and address (phone number -- optional) of the treasurer of the committee; and the

Full Name

of Treasurer

Mailing Address

_

Title or Position . CITY . STATE ZIP CODE . .

_ _ Telephone number

Image# 10931783384

COMBAT VETERANS FOR CONGRESS PAC

NONE

Mr. Michael Curry, Esq.

1925 Century Park East

Suite 2120

Century City CA 90067

Treasurer 310 890 3231

Mr. Michael Curry, Esq.

1925 Century Park East

Suite 2120

Century City CA 90067

Treasurer 310 890 3231

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 52 of 155
FEC Form 1 (Revised 02/2009) Page 4

Full Name of

Designated

Agent

Mailing Address

_

Title or Position . CITY. STATE. ZIP CODE .

_ _

Telephone number

9. Banks or Other Depositories: List all banks or other depositories in which the committee deposits funds, holds accounts, rents

safety deposit boxes or maintains funds.

Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Image# 10931783385

Mr. Dan Backer, Esq.

PO BOX 75021

Washington DC 20013

Asst. Treasurer 202 210 5431

CitiBank

1801 Avenue of the Stars

Los Angeles CA 90067

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 53 of 155
FEC Form 1 (Revised 02/2009) Page

Banks or Other Depositories: List all banks or other depositories in which the committee deposits funds, holds accounts, rents

safety deposit boxes or maintains funds.

[ ADDITIONAL ] Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Name of Any Connected Organization, Affiliated Committee, Joint Fundraising Representative, or Leadership PAC Sponsor

[ ADDITIONAL ]

Mailing Address

CITY. STATE. ZIP CODE . Relationship:

Connected Organization Affiliated Committee Joint Fundraising Representative Leadership PAC Sponsor

[ ADDITIONAL ]

Designated Agent

Full Name

Mailing Address

_

Title or Position . CITY . STATE. ZIP CODE .

_ _

Telephone number

[ ADDITIONAL ] Joint Fundraiser Participant

FEC ID number C

Image# 10931783386

5

Mr. Joseph R John

264 S. La Cienega Blvd.

Sutie 186

Beverly hills CA 90211

President 310 989 8778

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 54 of 155
EXHIBIT 16

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 55 of 155
1

Dan Backer

From: Dan Backer <DBacker@DBCapitolStrategies.com>

Sent: Friday, November 19, 2010 12:45 PM

To: 'crryco@aol.com'

Cc: 'Joseph R. John'

Subject: CVFC PAC compliance concern

Dear Mr. Curry,

In a recent correspondence with Captain John, he asked that I reach out to you and see if there were any questions you

had about the FEC reporting for CFVC PAC.

I saw that the PAC has received a “Notice of Failure to File” from the FEC for the Q3 report.  Failure to file can result in a

significant fine levied against the PAC and its treasurer who bears personal responsibility for timely reporting.  For

example, if net receipts and expenditures for that particular report (an “election sensitive report”) is $10,000, the fine is

approx. $990.  If the net receipts and expenditures is $100,000, the fine is approximately $6875.

Additionally, the PAC did not file a pre‐election report (due 10/21) and will likely face additional and potentially larger

penalties related to that, and any repercussions related to the failure to respond to the earlier “Request For Additional

Information” (RFAI) on an earlier report.  This coming Monday is also the closing day for the post‐election report due

12/2.

In all, there are a number of significant FEC compliance issues for which the FEC holds the Treasurer accountable and

which can lead to very negative outcomes for the PAC and yourself as Treasurer at the time of each issue.

Without the records on receipts, disbursements, and bank activity for the relevant time period(s), there’s nothing I can

do to directly address these issues, but if there are any specific questions you have, please feel free to ask – hopefully I

can help.

Regards,

Dan Backer, Esq.

202‐210‐5431

DB Capitol Strategies

PAC * GRASSROOTS * ADVOCACY * NONPROFIT

Home of The Strategist, a monthly PAC update

www.DBCapitolStrategies.com

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 56 of 155
EXHIBIT 17

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 57 of 155
11/21/2010 21 : 32

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 10931821080

C00469239 X

1425 CENTURY PARK EAST SUITE 2120

LOS ANGELES CA 90067

X

0 7 0 1 2 0 1 0 0 9 3 0 2 0 1 0

F. Michael Curry

F. Michael Curry 1 0 1 5 2 0 1 0

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 58 of 155
EXHIBIT 18

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 59 of 155
1

Dan Backer

From: Dan Backer <DBacker@DBCapitolStrategies.com>

Sent: Tuesday, November 30, 2010 5:49 PM

To: 'crryco@aol.com'

Cc: 'jrjassoc@earthlink.net'

Subject: RE: CVFC PAC compliance concern

Dear Mr. Curry,

I was glad to see that the Q3 report was filed for CVFC PAC.  As a (hopefully helpful) reminder:

1. You still need to respond to the RFAI (08‐04‐2010) regarding the amended Q1 report (likely re‐amending that

report).

2. The Pre‐election report covering 10/01 – 10/13 was due on 10/21 and still needs to be filed.

3. The Post‐election report covering 10/14 – 11/22 is due on 12/02 (this coming Thursday).

Hope that helps with your compliance needs.

Regards,

Dan Backer, Esq.

202‐210‐5431

DB Capitol Strategies

PAC * GRASSROOTS * ADVOCACY * NONPROFIT

Home of The Strategist, a monthly PAC update

www.DBCapitolStrategies.com

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Friday, November 19, 2010 12:53 PM 

To: DBacker@DBCapitolStrategies.com 

Cc: jrjassoc@earthlink.net 

Subject: Re: CVFC PAC compliance concern 

Thanks Dan for your concern - but I have been out of town and back yesterday - it will be filed this weekend 

-----Original Message----- 

From: Dan Backer <DBacker@DBCapitolStrategies.com> 

To: crryco@aol.com 

Cc: 'Joseph R. John' <jrjassoc@earthlink.net> 

Sent: Fri, Nov 19, 2010 9:45 am 

Subject: CVFC PAC compliance concern 

Dear Mr. Curry, 

 

In a recent correspondence with Captain John, he asked that I reach out to you and see if there were any questions you 

had about the FEC reporting for CFVC PAC. 

 

I saw that the PAC has received a “Notice of Failure to File” from the FEC for the Q3 report. Failure to file can result in a 

significant fine levied against the PAC and its treasurer who bears personal responsibility for timely reporting. For 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 60 of 155
EXHIBIT 19

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 61 of 155
"Joseph R. John" <jrjassoc@earthlink.net>

FEC Reports

November 29, 2011 6:12:19 AM EST

"'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>



(&

)62

 

, -

&  

264
(	"(&
! 186

"%&90211

',310-859+0800

$',310-859+0811

',310-989+8778

 '**###(  (

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Thursday, December 02, 2010 9:31 PM

To: 'Michael Curry' (crryco@aol.com)

Subject: FEC Reports

Mike,

 Can you please provide me with a copy of the Quarterly Report you just submitted to the FEC for our files? Can you also provide us

with the corrections to the two previous quarterly for our files (those are the two FEC Quarterly Reports Dan Becker keeps warning us we

will be fined in excess of $6000 unless we corrected them). I have no idea what is wrong with those two previous Quarterly Reports, nor

have I got copies of them.

Respectfully,

Joe

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Thursday, December 02, 2010 5:52 PM

To: 'crryco@aol.com'

Cc: 'Dan Backer Esq.' (dbacker@dbcapitolstrategies.com)

Subject: FEC

Thanks Mike. I’m in the middle of transferring our Web site to a new host—very time consuming and tedious. I’ve had my corporation

donate $8000 to the 501 to get it started.

Respectfully,

Joe

Joseph R. John

President and CEO

JRJ And Associates, Inc.

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Thursday, December 02, 2010 4:57 PM

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 62 of 155
To: jrjassoc@earthlink.net

Subject: FEC

Joe 

I spoke to my FEC contact today, who said a post election report is all that is needed. He said the pre-election one was already due and

a post election report as a result would be sufficient. It is required because money was given to candidates. 

Mike 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 63 of 155
EXHIBIT 20

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 64 of 155
1

Dan Backer

From: crryco@aol.com

Sent: Wednesday, December 08, 2010 7:06 PM

To: jrjassoc@earthlink.net; DBacker@DBCapitolStrategies.com

Cc: kenneth.margala@gmail.com; Jakre@andersonlawcal.com

Subject: Re: FEC

Follow Up Flag: Follow up

Flag Status: Completed

Joe 

as you know I am no longer the Treasurer. My last conversation with the FEC they were reluctant to give me any 

information because I am no longer the Treasurer. My obligations were fulfilled with the 3rd Qtr. report which has been 

filed. 

Mike 

-----Original Message----- 

From: Joseph R. John <jrjassoc@earthlink.net> 

To: 'Dan Backer' <DBacker@DBCapitolStrategies.com> 

Cc: 'Michael Curry' <crryco@aol.com>; 'Kenneth Margala' <kenneth.margala@gmail.com>; 'Jan Akre, Esq, USMC ' 

<Jakre@andersonlawcal.com> 

Sent: Wed, Dec 8, 2010 3:03 pm 

Subject: FEC 

Dan,

 I appreciate your continued support and caution to protect us from monetary penalties (possibly up to $6000) you have 

repeatedly outlined since October 5th. I’m very much involved in transferring hosting of our Web site at the present time; it 

is time consuming and tedious. You are correct; I am relying on Mike Curry, because I do not have the background 

information, the ability to audit 12 months of the Xeroxed checks/completed donation forms received, audit the details in 

our Wells Fargo account, nor do I have knowledge of what information is missing or was improperly submitted in the 

subject reports. I was not aware that we still have not met our reporting obligations concerning candidates. Of course I 

believe you when you say the FEC does not waive reporting requirements, and that the pre-election report must still be 

filled. Are the other issues you referred to in your below listed E-mail, those that you previously identified as still needing 

action, i. e. corrections are still being required to the Q1 and Q2 FEC Quarterly Reports? I have no information on those 

errors and believed that they had already been previously corrected. 

 It is virtually impossible for me to determine everything that has gone on in our Wells Fargo checking accounts over the 

last 12 months, with receipts and expenditure of funds over the last year, to understand the details in the 3 submitted 

Quarterly FEC Reports, to review the trail of communications that have gone on between you or the Treasurer and the 

FEC on errors that need correcting, and all other financial matters over the last 112 months (I do not have the ability to do 

an audit on documents or matters I have not been seen or been involved in). If you could deal with Mike in correcting 

those reports and filing the Post-election Report which is now also past due I would appreciate it, please speak to Mike at 

(310) 890-3231 and let me know how much you would charge us to help correct those issues? I just don’t have the ability 

at all to make the necessary corrections and reports, but will endeavor to get involved in those type financial details in the 

future. I am reviewing information on the possibility of engaging one of 4 potential Treasurers.

Respectfully,

Joe 

Joseph R. John

Combat Veterans For Congress PAC

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 65 of 155
EXHIBIT 21

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 66 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 67 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 68 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 69 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 70 of 155
EXHIBIT 22

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 71 of 155
FEDERAL ELECTION COMMISSION December 20, 2010 

WASHINGTON, D.C. 20463 

RQ-7 

BACKER, DAN MR. ESQ., TREASURER 

COMBAT VETERANS POR CONGRESS PAC 

1925 CENTURY PARK EAST SUITE 2120 

LOS ANGELES, CA 90067 

IDENTIFICATION NUMBER: C00469239 

REFERENCE: POST-GENERAL REPORT 10/1/2010 - 11/22/2010 

DEAR TREASURER: 

IT HAS COME TO THE ATTENTION OF THE FEDERAL ELECTION COMMISSION THAT YOU MAY 

HAVE FAILED TO FILE THE ABOVE REFERENCED REPORT OF RECEIPTS AND EXPENDITURES AS 

REQUIRED BY THE FEDERAL ELECTION CAMPAIGN ACT, AS AMENDED. 

IT IS IMPORTANT THAT YOU FILE THIS REPORT IMMEDIATELY WITH THE FEDERAL ELECTION 

COMMISSION, 999 E STREET, N.W., WASHINGTON, D.C, 20463. PLEASE NOTE THAT 

ELECTRONIC FILERS MUST SUBMIT THEIR REPORTS ELECTRONICALLY, AS PER 11 CFR §104.18. 

A COPY OP THE REPORT OR RELEVANT PORTIONS MUST ALSO BE PILED WITH THE SECRETARY OF 

THE STATE OR EQUIVALENT STATE OFFICER UNLESS THE STATE IS EXEMPT FROM THE FEDERAL 

REQUIREMENT TO RECEIVE AND MAINTAIN PAPER COPIES. YOU CAN VERIFY THE COMMISSION'S 

RECEIPT OP ANY DOCUMENTS SUBMITTED BY YOUR COMMITTEE ON THE FEC WEBSITE AT 

WWW.FEC.GOV. 

THE FAILURE TO TIMELY PILE THIS REPORT MAY RESULT IN CIVIL MONEY PENALTIES, AN 

AUDIT OR LEGAL ENFORCEMENT ACTION. THE CIVIL MONEY PENALTY CALCULATION FOR LATE 

REPORTS DOES NOT INCLUDE A GRACE PERIOD AND BEGINS ON THE DAY FOLLOWING THE DUE 

DATE FOR THE REPORT. DUE TO HEIGHTENED SECURITY SCREENING MEASURES, DELIVERY OP 

MAIL BY THE US POSTAL SERVICE MAY BE DELAYED. THE COMMISSION RECOMMENDS THAT YOU 

SUBMIT YOUR -REPORT VIA OVERNIGHT DELIVERY OR COURIER SERVICE. 

IP YOU HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT IAN WANDNER AT 

OUR TOLL FREE NUMBER (800)424-9530. OUR DIRECT LOCAL NUMBER IS (202)694-1130. 

SINCERELY, 

,|^LblkQ'^acanci, 

DEBBIE CHACONA 

ASSISTANT STAFF DIRECTOR 

REPORTS ANALYSIS DIVISION (RAD) 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 72 of 155
EXHIBIT 23

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 73 of 155
RQ-2 

FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

December 22, 2010 

Dan Backer, Treasurer Response Due Date: 

Combat Veterans for Congress PAC January 26, 2011 

1925 Century Park East, Suite 2120 

Los Angeles, CA 90067 

Identification Number: C00469239 

Reference: October Quarteriy Report (7/1/10-9/30/10) 

Dear Treasurer: 

This letter is prompted by the Commission's preliminary review of the report(s) 

referenced above. This notice requests information essential to full public disclosure of 

your federal election campaign finances. Failure to adequately respond by the 

response date noted above could result in an audit or enforcement action. Additional 

information is needed for the following 2 items: 

1. Schedule A of your report (see attached) discloses one or more 

contributions which appear to exceed the limits set forth in the Act. 2 

U.S.C. §441a(f) and 11 CFR §§110.1(d) and 110.2(d) prohibit a committee 

and its affiliates from receiving any contribution from another political 

committee or person in excess of $5,000 per calendar year. 

If any apparentiy excessive contribution in question was incompletely or 

incorrectly disclosed, you must amend your original report with the 

clarifying information. 

If any contribution you received exceeds the limits, you may have to 

reftind the excessive amount. The ftinds can be retained if within 60 days 

of receipt, (1) the excessive amount was properly reattributed to another 

person, such as a joint account holder, by obtaining signed written 

authorizations from each person making the contribution pursuant to 11 

CFR 110.1(k)(3), and (2) the treasurer informs the person making the 

contribution that he or she may request the retum of the excessive portion 

of the contribution if it is not intended to be a joint contribution. Any 

request from a donor for a reftind must be honored. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 74 of 155
COMBAT VETERANS FOR CONGRESS PAC 

Page 2 

Altematively, the funds can be retained if within 60 days of receipt you (1) 

transferred the excessive amount to an account not used to influence federal 

elections, and (2) provided written notice to the person making the 

contribution of the option of receiving a reftind. Any request from a donor 

for a refund must be honored. 

If the foregoing conditions for reattributions or transfers to a non-federal 

account were not met within 60 days of receipt, the excessive amount must 

be refunded. 

Please inform the Commission of your corrective action promptly in 

writing and provide a photocopy of your check for any transfer-out or 

refund. In addition, any reattributions should be reported as memo entries 

on Schedule A of the report covering the period during which the 

authorization for the reattribution is received. Any transfers-out or refunds 

should be disclosed on Schedule B supporting Line 22 or 28 of the report 

during which the transaction was made. 

Although the Commission may take further legal action regarding the 

acceptance of an excessive contribution(s), prompt action by your 

committee to seek reattribution, transfer-out or refund the excessive amount 

will be taken into consideration. 

2. Commission Regulations require that a committee discloses the 

identification of all individuals who contribute in excess of $200 in a 

calendar year. (11 CFR § 104.3(a)(4)(i)) Identification for an individual is 

defined as the ftill name (first name, middle name or initial, if available, 

and last name; initials for first and last name are not acceptable), complete 

mailing address, occupation, and name of employer. (11 CFR § 100.12) 

Your report discloses contributions from individuals for which the 

identification is not complete. 

You must provide the missing information, or you are unable to do so, you 

must demonstrate that "best efforts" have been used to obtain the 

information. To establish "best efforts," you must provide the Commission 

with a detailed description of your procedures for requesting the 

information. Establishing "best efforts" is a three-fold process. 

First, your original solicitation must include a clear and conspicuous 

request for the contributor information and must inform the contributor of 

the requirements of federal law for the reporting of such information. (11 

CFR § 104.7(b)(1)) See 11 CFR § 104.7(b)(1)(B) for examples of 

acceptable statements regarding the requirements of federal law. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 75 of 155
COMBAT VETERANS FOR CONGRESS PAC 

Page 3 

Second, if the information is not provided, you must make one follow-up, 

stand alone effort to obtain this information, regardless of whether the 

contribution(s) was solicited or not. This effort must occur no later than 30 

davs after receipt of the contribution and may be in the form of a written 

request or an oral request documented in writing. (11 CFR § 104.7(b)(2)) 

The requests must: 

• clearly ask for the missing information, witiiout soliciting a 

contribution; 

• inform the contributor of the requirements of federal law for the 

reporting of such information, and 

• if the request is written, include a pre-addressed post card or retum 

envelope. 

Third, if you receive contributor information after the contribution(s) has 

been reported, you should either a) file with your next regularly scheduled 

report, an amended memo Schedule A listing all the contributions for which 

additional information was received; or b) file on or before your next 

regularly scheduled reporting date, amendments to the report(s) originally 

disclosing tiie contribution(s). (11 CFR § 104.7(b)(4)) 

Please amend your report to provide the missing information or a detailed 

description of your procedures for requesting the information. For more 

information on demonstrating "best efforts," please refer to the Campaign 

Guide. 

Please note, you will not receive an additional notice from the Commission on 

this matter. Adequate responses must be received by the Commission on or before the 

due date noted above to be taken into consideration in determining whether audit action 

will be initiated. Failure to comply with the provisions of the Act may also result in an 

enforcement action against the committee. Any response submitted by your committee 

will be placed on the public record and will be considered by the Commission prior to 

taking enforcement action. Requests for extensions of time in which to respond will 

not be considered. 

Electronic filers must file amendments (to include statements, designations and 

reports) in an electronic format and must submit an amended report in its entiretv, rather 

than just those portions of the report that are being amended. If you should have any 

questions regarding this matter or wish to verify the adequacy of your response, please 

contact me on our toll-free number (800) 424-9530 (at the prompt press 5 to reach the 

Reports Analysis Division) or my local number (202) 694-1140. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 76 of 155
U) 

K 

rsi 

rsi 

Ul 

0 

th 

0 

COMBAT VETERANS FOR CONGRESS PAC 

Page 4 

319 

cAllister 

ign Finance Analyst 

Analysis Division 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 77 of 155
w 

K 

rsi 

rs,i 

Ul 

0 

tn 

0 

0 

COMBAT VETERANS FOR CONGRESS PAC 

Page 5 

Contributor Name Date Amount Report 

Lichter, Robert 9/14/10 $5,000.00 2010 October Quarteriy 

Lichter, Robert 9/14/10 $5,000.00 2010 October Quarterly 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 78 of 155
EXHIBIT 24

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 79 of 155
01/11/2011 14 : 28

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11930057051

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

1 1 0 2 2 0 1 0

1 0 0 1 2 0 1 0 1 0 1 3 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 1 0 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 80 of 155
EXHIBIT 25

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 81 of 155
01/11/2011 14 : 29

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11930057076

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

1 1 0 2 2 0 1 0

1 0 1 4 2 0 1 0 1 1 2 2 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 1 0 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 82 of 155
EXHIBIT 26

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 83 of 155
01/12/2011 11 : 50

STATEMENT OF FEC ORGANIZATION FORM 1

(See instructions)

Office use only

1. NAME OF (Check if name Example: If typying, type

COMMITTEE (in full) is changed) over the lines 12FE4M5

ADDRESS (number and street)

(Check if address

is changed)

_

CITY STATE ZIP CODE

COMMITTEE'S E-MAIL ADDRESS (Please provide only one e-mail address)

(Check if address

is changed)

COMMITTEE'S WEB PAGE ADDRESS (URL)

(Check if address

is changed)

2. DATE M M / / D D Y Y Y Y

3. FEC IDENTIFICATION NUMBER C

4. IS THIS STATEMENT NEW (N) OR AMENDED (A)

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete

Type or Print Name of Treasurer

M M / D D / Y Y Y Y

Electronically Filed by Signature of Treasurer Date

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to the penalties of 2 U.S.C. §437g.

ANY CHANGE IN INFORMATION SHOULD BE REPORTED WITHIN 10 DAYS

Use

Office

Only

For further information contact:

Federal Election Commission FEC FORM 1

Toll Free 800-424-9530 (Revised 02/2009)

Local 202-694-1100

Image# 11930063665

X

C00469239

COMBAT VETERANS FOR CONGRESS PAC

X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

jrjassoc@earthlink.net

www.combatveteransforcongress.org

0 1 1 0 2 0 1 1

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 1 2 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 84 of 155
FEC Form 1 (Revised 02/2009) Page 2

5. TYPE OF COMMITTEE (Check One)

This committee is a principal campaign committee. (Complete the candidate information below.)

Candidate Committee:

(a)

(b) This committee is an authorized committee, and is NOT a principal campaign committee. (Complete the candidate

information below.)

Name of

Candidate

Candidate Office State

Party Affiliation Sought: House Senate President

District

(c) This committee supports/opposes only one candidate, and is NOT an authorized committee.

Name of

Candidate

Party Committee:

(Democratic, (National, State

(d) This committee is a (or subordinate) committee of the Republican,etc.) Party.

(e) This committee is a separate segregated fund. (Identify connected organization on line 6.) Its connected organization is a:

Political Action Committee (PAC):

Corporation Corporation w/o Capital Stock Labor Organization

Membership Organization Trade Association Cooperative

(f) This committee supports/opposes more than one Federal candidate, and is NOT a separate segregated fund or party

In addition, this committee is a Lobbyist/Registrant PAC.

committee. (i.e., nonconnected committee)

In addition, this committee is a Lobbyist/Registrant PAC.

In addition, this committee is a Leadership PAC. (Identify sponsor on line 6.)

Joint Fundraising Representative:

(g) This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political

committees/organizations, at least one of which is an authorized committee of a federal candidate.

This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political (h) committees/organizations, none of which is an authorized committee of a federal candidate.

Committees Participating in Joint Fundraiser

1. FEC ID number C

2. FEC ID number C

FEC ID number C 3.

FEC ID number C 4.

Image# 11930063666

X

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 85 of 155
FEC Form 1 (Revised 02/2009) Page 3

Write or Type Committee Name

6. Name of Any Connected Organization, Affiliated Committee, Joint Fundraising Representative, or Leadership PAC Sponsor

Mailing Address

CITY STATE ZIP CODE . . .

Relationship:

Connected Organization Affiliated Committee Joint Fundraising Representative Leadership PAC Sponsor

7. Custodian of Records: Identify by name, address, (phone number -- optional), and position of the person in

possession of Committee books and records.

Full Name

Mailing Address

_

Title or Position . CITY . STATE. ZIP CODE .

_ _

Telephone number

name and address of any designated agent (e.g., assistant treasurer).

8. Treasurer: List the name and address (phone number -- optional) of the treasurer of the committee; and the

Full Name

of Treasurer

Mailing Address

_

Title or Position . CITY . STATE ZIP CODE . .

_ _ Telephone number

Image# 11930063667

COMBAT VETERANS FOR CONGRESS PAC

NONE

Capt. Joseph R John, USNR (Ret)

264 S. La Cienega Blvd.

Sutie 186

Beverly Hills CA 90211

Chairman 310 989 8778

Mr. David H. Wiggs

22 Belmont Avenue

Newport Beach CA 92660

Treasurer 949 887 3911

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 86 of 155
FEC Form 1 (Revised 02/2009) Page 4

Full Name of

Designated

Agent

Mailing Address

_

Title or Position . CITY. STATE. ZIP CODE .

_ _

Telephone number

9. Banks or Other Depositories: List all banks or other depositories in which the committee deposits funds, holds accounts, rents

safety deposit boxes or maintains funds.

Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Image# 11930063668

Capt. Joseph R John, USNR (Ret)

264 S. La Cienega Blvd.

Sutie 186

Beverly Hills CA 90211

Chairman 310 989 8778

Wells Fargo Bank N.A. (114)

1801 Avenue of the Stars

Los Angeles CA 90067

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 87 of 155
FEC Form 1 (Revised 02/2009) Page

Banks or Other Depositories: List all banks or other depositories in which the committee deposits funds, holds accounts, rents

safety deposit boxes or maintains funds.

[ ADDITIONAL ] Name of Bank, Depository, etc.

Mailing Address

CITY STATE ZIP CODE

Name of Any Connected Organization, Affiliated Committee, Joint Fundraising Representative, or Leadership PAC Sponsor

[ ADDITIONAL ]

Mailing Address

CITY. STATE. ZIP CODE . Relationship:

Connected Organization Affiliated Committee Joint Fundraising Representative Leadership PAC Sponsor

[ ADDITIONAL ]

Designated Agent

Full Name

Mailing Address

_

Title or Position . CITY . STATE. ZIP CODE .

_ _

Telephone number

[ ADDITIONAL ] Joint Fundraiser Participant

FEC ID number C

Image# 11930063669

5

Mr. Dan Backer, Esq.

PO BOX 75021

Washington DC 20013

Assistant Treasurer 202 210 5431

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 88 of 155
EXHIBIT 27

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 89 of 155
01/25/2011 10 : 43

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11990080383

C00469239 X

X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

0 1 0 1 2 0 1 0 0 3 3 1 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 2 5 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 90 of 155
EXHIBIT 28

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 91 of 155
01/25/2011 10 : 47

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11990080747

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

0 4 0 1 2 0 1 0 0 6 3 0 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 2 5 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 92 of 155
EXHIBIT 29

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 93 of 155
01/25/2011 10 : 49

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11990080838

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

0 7 0 1 2 0 1 0 0 9 3 0 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 2 5 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 94 of 155
EXHIBIT 30

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 95 of 155
01/25/2011 10 : 56

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11990080867

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

1 1 0 2 2 0 1 0

1 0 0 1 2 0 1 0 1 0 1 3 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 2 5 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 96 of 155
EXHIBIT 31

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 97 of 155
01/25/2011 10 : 57

REPORT OF RECEIPTS FEC

AND DISBURSEMENTS FORM 3X For Other Than An Authorized Committee

Office Use Only

1. NAME OF USE FEC MAILING LABEL

COMMITTEE (in full) OR TYPE OR PRINT.

Example:If typing, type

over the lines

ADDRESS .(number and street)

Check if different

than previously

reported. (ACC)

2. FEC IDENTIFICATION NUMBER . CITY STATE ZIPCODE . . .

3. IS THIS NEW AMENDED

REPORT (N) (A) OR

4. TYPE OF REPORT Monthly Nov 20 (M11) Feb 20 (M2) May 20 (M5) Aug 20 (M8) Report (Non-Election (Choose One) Year Only)

Due On: Dec 20 (M12) Mar 20 (M3) Jun 20 (M6) Sep 20 (M9) (Non-Election (a) Quarterly Reports: Year Only)

Apr 20 (M4) Jul 20 (M7) Oct 20 (M10) Jan 31 (YE) April 15

Quarterly Report(Q1)

(c) 12-Day Primary (12P) General (12G) Runoff (12R) July 15

PRE-Election Quarterly Report(Q2)

(b)

Report for the: Convention (12C) Special (12S) October 15

Quarterly Report(Q3)

January 31 in the

Quarterly Report(YE) Election on State of

July 31 Mid-Year

Report(Non-election (d) 30-Day

Year Only) (MY) Post -Election General (30G) Runoff (30R) Special (30S)

Report for the: Termination Report

(TER) in the

Election on State of

5. Covering Period through

I certify that I have examined this Report and to the best of my knowledge and belief it is true, correct and complete.

Type or Print Name of Treasurer

Signature of Treasurer Electronically Filed by Date

NOTE : Submission of false, erroneous, or incomplete information may subject the person signing this Report to the penalties of 2 U.S.C 437g.

Office FEC FORM 3X Use (Rev. 12/2004) Only

FE6AN026

COMBAT VETERANS FOR CONGRESS PAC

Image# 11990080891

C00469239 X

264 South La Cienega Blvd.

Suite 186

Beverly Hills CA 90211

X

1 1 0 2 2 0 1 0

1 0 1 4 2 0 1 0 1 1 2 2 2 0 1 0

Mr. Dan Backer, Esq.

Mr. Dan Backer, Esq. 0 1 2 5 2 0 1 1

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 98 of 155
EXHIBIT 32

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 99 of 155
"Joseph R. John" <jrjassoc@earthlink.net>

FW: CVFC PAC Reporting issues

December 5, 2011 7:21:47 PM EST

"'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>

	#&+&-#)& #+ '(8! (#)&&-0(-	#((2


#'$2
#"0
3D@

$(
:(;

&!"0#!((&"'#&#"&''

@DB2" *20)(?FD

*& - '0G>@??

 1:A?>;FCG8>F>>

,1:A?>;FCG8>F??

 1:A?>;GFG8FEEF

(($177+++2#!((&"'#&#"&''2#&

From: Dan Backer [mailto:DBacker@DBCapitolStrategies.com] 

Sent: Thursday, October 14, 2010 9:46 PM

To: 'Joseph R. John'

Subject: CVFC PAC Reporting issues

$("0

	+'#)((#'"%)"#((#&2)&&-0"&!!&((	4!"(#"(#-#)'#!(!#9#)(+"+&'(

'(&('$"9(($""5%)'(#&(#" 	"#&!(#"6:	;(>F7>B7?>((+''"((#(

2	4! 	:+'('(&$#&(-#)")(/;2	(##%) ##"((	0+&%)&&'$#"'-

>G7>F7?>'"#(-("# -&'$#"(##:(+#) $#'(#" ";2

	$#"(#)('#!'&#)''')'+((@&$#&(((#)  (#")("7#&$" (':" )"#"(&)(#"'

&*",''#( !(';2	#"4(+"((#("(! #-#)&& (#"'$+(&2)&&-+#'$&# -##&"

#-#)&'"",$(#"  +-&2)(0$&# -#'"4(# #(#+#&"('&"0"(("$&# !(:	&(" -

+#) "4(&!-' (##$("($&#')(#"#&&!" "';2

	*"#(& "(+#'" -'('('!'-#)&'9
!''(&9"	4*#)"!*&-&'#" '# #"'

("#&&! (#"+'&#"."'($'(#&!(("2"( $'0'"'&((#'"(#

"#&!"(9'#!("((" )'!"(#&-"'2

	#"4(+"((#'! &!'(0"$&$'&2)&&-'#"(#$#(:(#)&'$#"''!#"( ((('$#"(;0)((''

$&# -'#!("-#)+"((#(,0(&+(&2)&&-#&-&(""!#&"#(&$&#''#" "('$&() &

 (# +(($&# !:'$ -'"-#)*(#" &$#&(')(#!#&&#+""" ''("+;2

&'0

"&0'%2

@>@8@?>8CBA?

	

	


		
		
	


#!#(&('(0!#"( -)$(

+++2$(# (&('2#!

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 100 of 155
EXHIBIT 33

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 101 of 155
 March 23, 2011 

Ms. Debbie Chacona 

Assistant Staff Director 

Reports Analysis Division (RAD) 

Federal Election Commission (FEC) 

999 E. Street, N. W. 

Washington, D. C. 20463 

Coo469239 

AF#: 2312 

Dear Ms. Chacona: 

 In response to your letter of March 14, 2011 concerning the late submission of the 

FEC Pre-Election Report for the period October 1-13, 2010, we choose to respectfully 

challenge the RTB finding and Civil Monetary Penalty. We will demonstrate that we 

employed our best effort to file in a timely manner, but we were prevented from doing so 

by unforeseen circumstances beyond our control as outlined in 11 C. F. R., 111.35 (b). 

 On October 12, 2010, nine days before the FEC Pre-Election Report was due, the 

Treasurer, Michael Curry, notified the PAC that he was quitting as Treasurer. What was 

not said, but what was implied, was that he would not be submitting the FEC 2010 PreElection and Post-Election Reports. It was an impossible position to put the PAC in, 

since no one else had the ten months of records, bank deposit slips, the bank 

statements, personal information on Web site donors, the personal records on each of 

the estimated 210 donors, the password to make electronic reports, and the knowledge 

of how to electronically submit FEC Reports. 

 Our Washington D. C. attorney, Dan Backer, informed Mike Curry on October 14, 

2010 that he had an obligation to inform the FEC of his desire to change his status by 

submitting a written letter stating the effective date of his resignation, and that he must 

file an Amended Form 1 listing his replacement. Mike Curry never filed the amended 

Form 1 or a letter of resignation to the FEC. We immediately appointed Dan Backer, as 

Assistant Treasurer, so he could help facilitate the filing of the FEC 2010 Pre-Election 

and Post-Election Reports. In addition we engaged a California Bookkeeper, Amy 

South, to do a thorough audit and move as quickly as possible to transfer the copious 

records. We were not given any bank statements, or bank deposit slips; we were 

required to order them from the bank. It required several weeks to obtain hard copies of 

the requested information before we could reconcile deposits with bank statements and 

put names to each deposit. It appeared a number of donors had not provided the PAC 

with their job titles and employers, so letters were sent to the donors if we did not have a 

record of their whose phone numbers, in order to obtain the required information. This 

required many additional weeks of waiting to obtain the necessary information. 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 102 of 155
Page 2, FEC ltr. of 3/23/11 

 In the period while waiting for the bank documents and response from donors, a full 

audit was commenced by Amy South to reconcile information that Mike Curry turned 

over. We contacted our Web hosting company, in order to rebuild data previously 

captured, and used that to then reach out to online donors to capture their information, 

which took additional weeks of effort. Every time Amy had a question of Mike Curry, 

that would have helped her speed up the process, she was informed by E-mail that he no 

longer had the time to work on PAC matters. James McAllister, the PAC’s FEC RAD 

Analyst, was informed of Mike Curry’s actions by me and by Dan Backer, and that the 

pending FEC Pre-Election 2010 and FEC Post-Election Report 2010 would be submitted 

late, because we were awaiting missing information which we were assembling as 

quickly as possible. Dan Backer obtained the detailed donor information from Amy 

South, obtained the password from Mike Curry, and electronically submitted the 2010 

FEC Pre-Election and Post-Election Reports. 

 I respectfully request that the FEC consider that we employed our best efforts to 

obtain substantial missing information as quickly as humanely possible, assembled and 

audited that information in a timely manner, expending approximately 600 man hours 

of work, reconstructed the donor information in the proper electronic format, and fully 

complied with FEC Reporting requirements. We had been prevented from submitting 

the 2010 FEC Pre-Election and Post-Election Reports by unforeseen abrupt work 

stoppage of the Treasurer, who at the time was Michael Curry, his actions were 

completely out of our control; we had to wait for hard copies of bank documents, obtain 

back end donor information from the Web site hosting company, and had to await for 

letter responses from donors to obtain their employer information before we could 

complete the audit and submit the reports. We expended substantial legal and 

accounting expenses to create and submit the 2010 FEC Pre-Election and Post-Election 

Reports. To fine the PAC on top of those heavy expenses would be a punitive action 

against a group of well-meaning volunteers who were blindsided by a Treasurer who 

abruptly ceased working; we are choosing not to pay the fine on Mr. Curry’s behalf, it is 

his responsibility. We subsequently filed the FEC End of Year Report 2010, appointed a 

new Treasurer in January 2011, and will fully comply with FEC reporting procedures 

going forward and into 2012. Thank you for your kind consideration. 

Respectfully, 

 

 

Joseph R. John, USNA ‘62 

Capt USN (Ret) 

Chairman, Combat Veterans For Congress PAC 

Former FBI/Former DHS Federal Law Enforcement Officer 

 264 S. La Cienega Blvd., Suite 186, Beverly Hills, CA 90211 (310) 859-0800 

 

 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 103 of 155
EXHIBIT 34

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 104 of 155
From: Joseph R. John [mailto:jrjassoc@earthlink.net] Sent: Sunday, 

November 07, 2010 3:05 PM To: 'Dan Backer' Subject: CVFC 501C4 IE 

report, other items

The password is Kenneth 22

Respectfully,

Joe

Joseph R. John

President and CEO

JRJ And Associates, Inc.

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

From: Dan Backer [mailto:DBacker@DBCapitolStrategies.com] Sent:

Saturday, November 06, 2010 9:34 AM To: 'Joseph R. John' Subject:

CVFC 501C4 IE report, other items

Captain John,

Please find attached the following:

1. In MS Word, a notice to the FEC clarifying the duplicate filings 

of the IE report data.  Unless you have any requested changes, 

I will fax to the FEC on Monday morning.

2. In PDF, a copy of the most recent CVFC 501C4 invoice marked 

paid for your records (for this IE reporting process).

As for CVFC PAC, I have not received the FEC File password (or a new 

password received using the draft request letter I sent last week).  I 

can’t file the multi‐candidate status filing – or any other filing –

without the password.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 105 of 155
EXHIBIT 35

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 106 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 107 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 108 of 155
EXHIBIT 36

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 109 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 110 of 155
EXHIBIT 37

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 111 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 112 of 155
EXHIBIT 38

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 113 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 114 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 115 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 116 of 155
EXHIBIT 39

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 117 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 118 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 119 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 120 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 121 of 155
EXHIBIT 40

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 122 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 123 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 124 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 125 of 155
EXHIBIT 41

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 126 of 155
PAC ● GRASSROOTS ● ADVOCACY ● NON-PROFIT 

November 23, 2011 

VIA COURIER - EXPEDITED REQUEST 

The Honorable Cynthia L. Bauerly, Chair 

Federal Election Commission 

c/o Commission Secretary 

999 E Street, NW 

Washington, DC 20063 

Re: Request for Hearing: Combat Veterans for Congress PAC; AF#s 2199, 2312, 2355 

Committee ID# C00469239

Dear Chair Bauerly: 

As counsel for Combat Veterans For Congress PAC (CVFC PAC) and its current Treasurer, 

David H. Wiggs, I received by facsimile on November 7, 2011 your three letters dated 

November 4, 2011 and sent certified mail to David H. Wiggs in his official capacity as Treasurer 

of the PAC that Mr. Wiggs and CVFC PAC were found by the Commission to have violated 2 

U.S.C. §434(a) on three separate occasions for late-filing the 2010 October Quarterly Report, the 

2010 12 Day Pre-General Report and the 2010 30 Day Post-General Report. 

Those letters note that on October 27, 2011 the Commission “made a final determination that the 

[PAC] and [current] Treasurer” violated 2 U.S.C. §434(a) with regard to the late filings, and 

assessed civil penalties aggregating $8,690.00. As we noted in writing in our responses, and as 

evidenced by the Commissions own records, those violations were committed by the prior 

Treasurer, Michael Curry, who knowing and willfully failed to file the reports and/or acted 

recklessly in doing so, and should be held liable in his personal capacity rather than CVFC PAC 

or the current Treasurer. 

However, according to 2 U.S.C. §437g(C)(ii), the Commission was precluded from making its 

October 27 determination against us “until the person has been given written notice and an 

opportunity to be heard before the Commission.” (emphasis added). While we did receive 

written notice that the Commission was considering making a final determination, and the 

Commission took in excess of 120 days to do so, we were “not given...an opportunity to be 

heard by the Commission.” Id. The law does not require that the respondent first request such a 

hearing or else it is considered waived; rather, the law clearly precludes the Commission from 

making its final determination until the respondent is first “given an opportunity to be heard by 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 127 of 155
PAC ● GRASSROOTS ● ADVOCACY ● NON-PROFIT 

2 

209 Pennsylvania Avenue SE ● Suite 2109 ● Washington, DC 20003 

202-210-5431(direct) ● 202-478-0750(fax) 

www.DBCapitolStrategies.com

the Commission” as a condition precedent. In short, the finding by the Commission was 

premature, procedurally defective, and therefore null and void and should be immediately 

vacated and reconsidered. 

 

We therefore request that the Commission withdraw its final determination and give CVFC PAC 

and its current Treasurer “an opportunity to be heard by the Commission” on this matter. We 

note that when Congress believed that written submissions were only required, it clearly said so. 

For example, before the Commission finds “reason to believe” that a violation of the law has 

occurred, 2 U.S.C. §437g(a)(1) states that the respondent “shall have an opportunity to 

demonstrate in writing” (emphasis added) why no action should be taken. And if the 

Commission is proceeding to a “probable cause” stage, 2 U.S.C. §437g(a)(3), the law specifies 

the right to “submit a brief.” Here, however, Congress specified that before a final 

determination is made for late or non-filers, the Commission must give the respondent an 

opportunity for a hearing. The respondent was never given this opportunity, nor did they waive 

it. I further note that the Commission also gives respondents in non-filer cases the opportunity to 

be heard. We also submit that the Due Process rights of CVFC PAC and Mr. Wiggs requires 

such a hearing. 

We further note that a hearing in this matter would not be a pro forma exercise in that there are 

disputed issues of fact and law, including the personal liability of the former Treasurer, Mr. 

Curry, and concomitantly, the liability of CVFC PAC and its current Treasurer. Even if the 

Commission properly determines after a hearing that CVFC PAC and the current Treasurer are 

liable, which we deny, there is nevertheless a major issue of mitigation of the fine due to the 

actions of the former Treasurer, as well as the extensive remedial efforts and expense CVFC 

PAC incurred to remedy his misconduct. While we recognize that these efforts do not satisfy the 

“best efforts” defense with respect to the past Treasurer, though not necessarily with respect to 

CVFC PAC, as arbitrarily defined and unlawfully and unreasonably limited in scope by the 

FEC’s regulation, 11 C.F.R. §111.35(b)(3), those efforts nevertheless should have been 

considered by the Commission both as a matter of law and equity. 

Indeed, we note that the Final Determination Recommendations from the Chief Compliance 

Officer, each dated October 12, 2011, on each page 3, states, “The Reviewing Officer requests 

that the Commission consider the issues of the Treasurer’s personal liability in these matters.” 

However, from your letter dated November 4, it does not appear that the Commission did in fact 

consider this important issue. If the Commission were to consider this issue, we would argue at 

the hearing that neither CVFC PAC nor the current Treasurer should be liable and, in the 

alternative, the fine should be remitted or substantially reduced. As it stands, the pending fine of 

$8,690 to be imposed upon CVFC PAC is a significant sum that has already, and if levied would 

further, have an impact on the exercise of the CVPC PAC’s political speech under the First 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 128 of 155
PAC ● GRASSROOTS ● ADVOCACY ● NON-PROFIT 

3 

209 Pennsylvania Avenue SE ● Suite 2109 ● Washington, DC 20003 

202-210-5431(direct) ● 202-478-0750(fax) 

www.DBCapitolStrategies.com

Amendment. Furthermore, the Commissions’ finding and imposition of a fine stigmatizes CVFC 

PAC as a law breaker, thereby further inhibiting contributions. 

As a final matter, I note that at the end of your November 4 letter, you state that “the 

confidentiality provisions of 2 U.S.C. §437g(a)(12) no longer apply and this matter is now 

public.” That is not correct. 2 U.S.C. §437g(a)(12)(A) states that the notification and 

investigation “shall not be made public by the Commission or by any person without the written 

consent” of the respondent. We have not given the Commission our written consent; 

accordingly, this matter is confidential and please be advised that any violation of that 

confidentiality by the Commission or its staff subjects them to fines for releasing such 

information, and for increased fines if done “knowingly and willfully.” 2 U.S.C. 437g(a)(12)(B). 

Conclusion 

For all these reasons, we again request that the Commission withdraw its premature 

determination of October 27, 2011, provide CVFC PAC with an opportunity to be heard on this 

matter before the full Commission as required by law, and reconsider this matter. We further 

ask that this request be acted upon on an expedited basis inasmuch as the statutory 30-day period 

for seeking court review will end on December 7, 2011. In that regard, please notify me by 

phone and email at the below email address that the Commission received this letter and further 

notify me of its response to this request. 

We hereby expressly reserve all our procedural and substantive rights in this matter and do not 

waive any of them. 

Thank you for your prompt attention to this matter. If you or the Commission staff have any 

questions about this matter, please contact me at 202-210-5431 or via the below email address. 

Respectfully submitted, 

Dan Backer, Esq. 

Counsel, 

Combat Veterans For Congress PAC 

DBacker@DBCapitolStrategies.com 

202-210-5431 email 

202-478-0750 fax 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 129 of 155
EXHIBIT 42

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 130 of 155
"Joseph R. John" <jrjassoc@earthlink.net>

FW: FEC

December 5, 2011 8:32:15 PM EST

"'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>



(&

)62

 

, -

&  

264
(	"(&
! 186

"%&90211

',310-859+0800

$',310-859+0811

',310-989+8778

 '**###(  (

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Thursday, December 09, 2010 5:35 AM

To: jrjassoc@earthlink.net

Cc: kenneth.margala@gmail.com

Subject: Re: FEC

Joe

we corrected one report but then they want more - the corrections seem endless - I will speak to Ken about it. Not sure if Amy can help -

but if you could send me her phone number it would help. The FEC told me we can send in a post election report which is detail about

the contributions I believe.

Mike

-----Original Message-----

From: Joseph R. John <jrjassoc@earthlink.net>

To: crryco@aol.com

Sent: Wed, Dec 8, 2010 11:43 pm

Subject: FEC

Mike,

 I hired and paid Amy to work with you to help you correct the two FEC Quarterly reports, and I just need to know if you submitted the

corrections. The two quarterly reports were sent in long before you resigned, and I have no idea what the problems are. I don’t think

either of us want to see the PAC get fined because of failure to correct those reports. Dan Backer has been bugging me about them for

nearly three months. I’ll deal with the rest of it somehow, after even though I don’t have the information, even if I have to personally pay

Dan; I am in the dark about all the reports he keeps referring to.

Respectfully,

Joe

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Wednesday, December 08, 2010 5:11 PM

To: jrjassoc@earthlink.net

Subject: Fwd: FEC

bounced back - hope this goes through

-----Original Message-----

From: crryco@aol.com

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 131 of 155
EXHIBIT 43

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 132 of 155
"Joseph R. John" <jrjassoc@earthlink.net>

FW: FEC

December 5, 2011 8:05:07 PM EST

"'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>

(("%$')#)0,'()!!( #")$'(#$#"'?>)2


$(%2
$#0
3D@

%)
9):

'"#0$"))'#($'$#'((

@DB2#!+20*)?FD

+'!.!!(0G>@??

!19A?>:FCG8>F>>

-19A?>:FCG8>F??

!!19A?>:GFG8FEEF

))%177,,,2$"))'#($'$#'((2$'

From: Dan Backer [mailto:DBacker@DBCapitolStrategies.com] 

Sent: Friday, December 10, 2010 1:11 PM

To: crryco@aol.com; jrjassoc@earthlink.net

Cc: kenneth.margala@gmail.com; Jakre@andersonlawcal.com

Subject: RE: FEC

!!0

'()0$''2*''.4(#)0'(#)$#('(*''$'&*'(,'))##$))$)0#'!!.#)$'"$9:!))'

'$".$*)$)"0$'9:#"#$'"?!#!()##,'(*''9$)$,,$*!%$()$#),():2

'(#4)!))'$#!,7)($#$,0#)"#$'"?))	!#$)'"$+.$*('(*''9	#4) #$,

.$*'(##)),(#4)%')$".#()'*)$#(:0)"'!."(((()#)'(*''$')%*'%$($#!)$

" $)'!#(9)$'"?:2#)!,'))##$)('+.)0).,!!$#('.$*)'(*''0#)'%$')#

$!)$#(#'(*''(!!).,$*!()!!!!$#.$*2$'$+$*('($#(0.$*4'#$!$#')'(*''0.$*4,#))$)

))#$)!(($$#(%$((!2+#($0))$(#$)#(('!.'!+.$*$!!%$)#)!!!).,)'(%))$'%$')#

((*(%'$')$)'(#)$#9(*()%'8!)$#'%$'):2
$'$()!%(*'#,'(*''(#))%'($#".

#"('(%$##)##."))''(#$*)$'%$')#((*())%')($'')#*'2

$#0	#)(#$'(*''0".#$)'($'(%#*#(2	)(#$)#(('!.5*)$")6))#)(#$

)'(*''0)(()2'(*''()%(#)$)'(*''('$!$')(%*'%$(0)$*)!).)$$#)#*,)'&*'

'%$')#(%'$+$'2(0)!()0.$*%'$!.$#4)#)$,$''.$*)))"$"#)*#!((.$*'" #)

')'"#)$#)'*)$#()$#)(2

	#)'"($5-#6)(()*)$#0.$*$#!.#,)#())$+')%'$()((*9#)((%'))."*!!.':1

?2 !()$$#!#$#)'*)$#(,))))),(%)*'2

@2 !()$$!#$#)'*)$#(9 (:0)',))(")$' "(2'#$'")$#

9"%!$.'7$*%)$#:("((#0,#" 5()$')(6)$$)#)#$,2

A2 !()$!!-%#)*'(0)$,$""0#)%.'((2

B2 $%($.$*'# ())"#)()$'$#!!!)(2

	.$*+$$  %'$'($"$#!(,$*(&* $$ ($'("!'($),'0!$)$)#$,!!$#)##)'2

#.# (#%'$+.$*,)$%($%$() (.$*( 2$*'$#!#+#$',!!!)$-%$'))))

%)*'(2

	%'$+)',#$'")$#$+0#*)$'/)$(% )$)# ;+#$'(#(('.0	#1

?2 (%$#)$)4(*##(,'	;$''))?'%$')

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 133 of 155
9- &&)!%%$"!$&%1"$0&!  "!%&0&! 

:-  * %%$*!$$&! %&!&9 :

;- &($*& %!%&!%#'$)*%"!%%%!*!'  &*$)&$&(* %&, &$0

 $"!$&-

<-  $*,!' &)&%%&$&&2*!'$ *%&,)!
( !&$
 &)&,& '*3&!

&$*  + *"$!%-

=- &&%!  $, "$!*$*#'*! 
(($*& %  ! !*!&$
 &%(

$"!$&%' !)-

&.%;$"!$&   &%"'% * %%$*  &%, &$&! , !&!&$'  -
.$&%$&


#'!&%($! &%!2&!(&%!$&*!($'3,58<77/$"!$&!$5=,777!$& &$& 

2 ' &$&)!$&!&&! 3-
 !)&&%%!&,'&
."$&&*$%! !$%!! )!!%&%

(!)!$&*!'$(!!$ +&! , &%% !)$%%&!%&$& !'&-
&
!% .&(&& !

(%!  ,
.) &!)!$%!& !'&1
('*$&! %")&
 
.&!%&%'-


%& !)-

$%,

 $,%#-

97909870<;:8

	

	


		
		
	


	!!&$&%&,! &*
'"&

)))-"&!&$&%-!

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Wednesday, December 08, 2010 7:06 PM

To: jrjassoc@earthlink.net; DBacker@DBCapitolStrategies.com

Cc: kenneth.margala@gmail.com; Jakre@andersonlawcal.com

Subject: Re: FEC

Joe

as you know I am no longer the Treasurer. My last conversation with the FEC they were reluctant to give me any information because I

am no longer the Treasurer. My obligations were fulfilled with the 3rd Qtr. report which has been filed.

Mike 

-----Original Message-----

From: Joseph R. John <jrjassoc@earthlink.net>

To: 'Dan Backer' <DBacker@DBCapitolStrategies.com>

Cc: 'Michael Curry' <crryco@aol.com>; 'Kenneth Margala' <kenneth.margala@gmail.com>; 'Jan Akre, Esq, USMC '

<Jakre@andersonlawcal.com>

Sent: Wed, Dec 8, 2010 3:03 pm

Subject: FEC

Dan,

 I appreciate your continued support and caution to protect us from monetary penalties (possibly up to $6000) you have repeatedly

outlined since October 5th. I’m very much involved in transferring hosting of our Web site at the present time; it is time consuming and

tedious. You are correct; I am relying on Mike Curry, because I do not have the background information, the ability to audit 12 months of

the Xeroxed checks/completed donation forms received, audit the details in our Wells Fargo account, nor do I have knowledge of what

information is missing or was improperly submitted in the subject reports. I was not aware that we still have not met our reporting

obligations concerning candidates. Of course I believe you when you say the FEC does not waive reporting requirements, and that the

pre-election report must still be filled. Are the other issues you referred to in your below listed E-mail, those that you previously identified

as still needing action, i. e. corrections are still being required to the Q1 and Q2 FEC Quarterly Reports? I have no information on those

errors and believed that they had already been previously corrected.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 134 of 155
EXHIBIT 44

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 135 of 155
"Joseph R. John" <jrjassoc@earthlink.net>

FEC Reports and Treasurer's Resignation

December 5, 2011 8:12:47 PM EST

"'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>


!"!'##  !%  6%!" '"$ ' "!# '%" !"

 #!"!  "*

!*(	+84

"	."/

 ("" !  !!


486*$*(#"3:8

$ '!(;2433


).532/:7;-2:22

&).532/:7;-2:33

).532/;:;-:99:

""),,%%%*"" !  !!* 

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Saturday, December 18, 2010 11:56 PM

To: 'Dan Backer'

Cc: 'Ryan Merritt' (ryimerritt@gmail.com); 'Amy R. South' (south.amy@gmail.com); 'Nicole V. Parsons' (nviolet6186@gmail.com)

Subject: FEC Reports and Treasurer's Resignation

Dan,

 I would like to work with you and have been trying to figure out a mutually acceptable formula going forward, but under guidelines the

Board would like me to follow. They do not want us to lose complete control on submission of FEC reports. I have been trying for nearly

a month to work out some formula to work with you that is acceptable to you and the Board. You expressed that you are interested, but

the only option you seem to give us is that you prefer to do the FEC reports without the Treasure doing it. We do not currently have the

funds to pay you to do everything with little help from our staff; we are willing to participate to try to keep the cost down. At some point

next year the PAC will have substantial funds, we expect to raise in excess of $127,000 we raised this year, and we wouldn’t be so

conservative on paying fees at that time. In the New Year we will start the process of raising funds for thru the 501, we will have regional

representatives nationally with the goal of raising very substantial funds from corporations; we expect to raise much more than we will be

raising for the PAC. 

 The Board would like our new Treasurer, the new bookkeeper, and me to be involved in screening the FEC reports (the Pre-election,

the Post-Election, and the End of year Report), and to have you check the inputs, as if you were a stand alone entity like the FEC. 

Currently, the FEC receives our reports and checks our inputs, without seeing Xerox copies of each check, without reviewing every bank

statement, and without preventing our staff from filing their reports. We “need” to be involved in the FEC reports, and would “like” you to

be involved in supporting us. When I told every Board member you said it would be as much work to check our input as it would be to do

the actual report, I was close to being ridiculed. You know are Board members; they are supportive on most issues, but do not want me

to pass on responsibility to someone on the East Coast. We could easily send you the underlying information, copies of every check, from

donors, every bank statements, list of expenditures, and the Excel spread sheet our bookkeeper prepared. You could easily spot check

randomly to make sure we were providing the FEC with accurate information.

 Our new bookkeeper has been working for four weeks to verify the accuracy of information for the three reports (Pre-Election, Post

Election, and End of Year Reports), including writing 4 letters and sending 10 E-mails to donors who donated $200 or more to get

information on who their employers are, because she determined that information was not provided to us when they donated. The

bookkeeper went thru Mike’s Excel spread sheet to make sure all donors of on line Internet donations were included in his quarterly

reports, and verified that information agreed with the bank statements. The new Treasure who is Internet savvy will prepare that

information from detailed information the bookkeeper compiled for submission to the FEC, but will initially need your guidance; we will pay

you for that support. Please consider working with our two staff personnel going forward; they can work with your pdf file.

 With regard to the problem on the Michael Kazanjian donation it was not a check; Mike and his wife donated jewelry for a Silent

Auction for our February Fundraising Event in Malibu. They put a value on the donated jewelry of $8300. We announced the Silent

auction at the fundraiser and asked the attendees to write down their bids on bid sheets next to each piece of jewelry; I wrote the starting

bid price for every piece in the Silent Auction to get the bidding started. I brought cash to the fundraiser in the event no one else did bid

in the Silent auction to purchase each item (we didn’t have the ability to accept master card or visa card charges at the event). At the

end of the night the final bids on each piece generated only about half the Kazanjian’s estimated value for the jewelry pieces, and some of

the pieces never had any of the bids beyond the starting bid price I placed on each piece at the beginning of the night (it wasn’t a very

successful Silent Auction). Attendees at the fundraising event actually paid for the various items they bid on at the end of the Silent

Auction, their donations were recorded by Mike in the Quarterly Report. I had to purchase the pieces I put the starting bid on, and no one

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 136 of 155
else bid on; the total amount of all the staring bids for the jewelry no one else bid on was $3400. My purchase of the jewelry was listed

as donating $3400 on the first FEC Quarterly Report. Mike submitted the dollar amount the Kazanjian’s estimated the value of their

jewelry as their donation, but should have said that both Mr. & Mrs. Kazanjian donated the jewelry. I wanted to submit a simple letter

saying Mr & Mrs Kazanjian jointly donated the jewelry for the Silent Auction. I will cal Jim McAllister. I got a response from Michael Curry

that he would correct any defuicencies in the Q1 or Q3 FEC Reports---I am unfamiliar with the rtwo reports he submitted.

 We are already planning our next national event for Orlando in October 2011 with the Tea Party Patriots in Florida and the 10/11

Project in Florida (However it will be billed as a Combat Veterans For Congress event). We have no steady cash flow before that date,

and would not be able to pay off a $6000 bill until October. We have to pay a $2600 bill remaining from the $8700 bill we were hit with

after the election by the Internet hosting company. We hope to pay off that bill by the end of December with donations we are soliciting. 

Your offer of a monthly fee is fair, except that we only have $1300 in our treasury. We need to raise funds to be able to do that, or

engage you with the 501. I would be happy to discuss thee issues by phone to come to a mutually acceptable resolution. 

Joseph R. John

Chairman, Combat Veterans For Congress PAC

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

From: Dan Backer [mailto:DBacker@DBCapitolStrategies.com] 

Sent: Thursday, December 16, 2010 10:28 AM

To: 'Joseph R. John'

Subject: RE: FEC Reports and Treasurer's Resignation

!%	 ,

7
69@  (8

=/ %# &$% &$%# $ %(#, %!*$ #/$ %(#78$' ##

 ( %%%!.44(((// '44%# /$%/! #%%$$$%#** &1# %#(% #%5

$''*6%1$0!#%$*$% %'#*%&%',&%%#$ ( $%#&% &/! %

&# %#$% ,%*$#7% &# #% $&8% '&*%#

 %#&% 4)!%&#/

>/ !  + # %##6$!#* &#$%#&% $,%( &( &!#!#%$#"&$%(4(

#$&##$ %$ % &%#%#7  (8%% %1$/$ , %78%%

!#!#%  %$(78%&*%#%#$&##$ (%#$&%%% 

=>4?=( &  ##$%#( &%'#* / %%  '*%%( &%&*% #

%$(-!  + # %##*&#$% * &#$%#&% $/

?/ !# (%*#'(%$&$$ $$%%( &$%%&#* #% 6# #$ #!%$,

)!$$,$%%%$% '#*&#* $&%%%/%1$%&*$$% $&% #%%#! #%$

%% $!*'#*%,$ %#! #%%#$% $#%&*%#! #%/ &( &#! #%7%#% 

8 %#&% $)!%&#$% %,&%%!#%#! #% *% $%#%%#$ $

!!#,$ #'(%% %#! #%$ %%'/1%#'(%%%#% %#%$ %

%#% *!!% - $ %&! %,& %$2%'3 % !&%##&%$ %(#/

)! #%% * &%2/3#% #* &% &! % * &# !&%#!#!#%#! #%,* &$%

%  %%$%#,&%%1$&$*%$  %$/


.1%

%'*#'(%&#* %#! #%$ 1%#%%*$,$ !*%  $  #$ '&% * &/

 %&$&$$ $'#*! #%%% 6* &#'&!#%#% ! #%% #+% 

% #(%'/(%% $* &$&, ( (! #%%&#%9%*#! #%$% %%!# $$6

 #  %##$ %%$ # &$# * &#%$%# %$ #%% ($% %$!&#! $/
#$

$ &, %%  (7$$#*&%% &$8$%#'/

% #$7* &!# '%&#*% #!%$,)!%&#$9$%%%$# * &# !#8%  

%( # (,* &$2 %*%3 #;A<<4 % #%*#/)%*#,* & *'>#! #%$&7!# '* &

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 137 of 155
 /%%' '*$!% $6-%3*##! #%%;9::*#3#! #%, % (	/&%%%!#

5,$$& $!% %'%*(( &#"&#% #! #%6.* !#$ ,	#8:>992 %% *

#&#%$5 #( 	$  3 &$6.

%(*,* &$%#%* $% &%$ %/$ #%!# $%#$$!# $$ (*. #,	%% 

* &$%! %%
( %&% $%# !*# #;9:;.% %#,# (%	 

* &#!$# $,	%(#& !%#* #%$%%('#*&%&*%&%(/#$$

 &$ &#$ # &' &%#% %( #6.

	%%/$!%,!$% (.

>9:=-%$%	/## %	$%%%*# % !* $#%%% % =/$%%0! %

%'%*1.	%%(! #%% #>9:=%  $%#%%/$ 3! %%'%$5'%#$&% 2 #% ,

%.6% !# %%%# *! $$#$.

4	 %%)%% #* /% #%)',%= $%#%*$% $  %)#%&#%$*#.	

/% % #* &,&%* &$ &!%%. %%$* &&%$%#%%2 2!# !#$+

#$,

#,$".

;9;3;:93>=<:

	

	


		
		
	


  %#%$%, %*
&!%

(((.!% %#%$. 

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Thursday, December 16, 2010 3:55 AM

To: 'Dan Backer'

Subject: FEC Reports and Treasurer's Resignation

Dan,

 I would like to get off the electronic submissions as you suggested, how do I do that? I will be working with my bookkeeper to prepare

the FEC Pre-Election and the FEC Post-Election report this weekend. I need to know how to get the blank forms. I would prefer not to

do this, but must get it done, since Mike Curry did not file them. Mike said he will make the Q! and Q3 corrections

 I do not want to submit the Amendment for the address change and the new treasure’s name, until I have a firm commitment from the

new treasurer to replace Mike Curry, so please do not make that submission over the weekend as you indicated you would do in your Email, kindly follow my requests in my previous E-mail, and wait until I ask you to do so. I want the date of that Amendment to be

December 31st, as I previously requested.

 Unfortunately Dan, we do not have the funds to hire you to do the submissions; we will prepare the reports and will ask you to review

them if you can quote us a fee to do so. Maybe that will result in a much more acceptable fee to members of the Board. As you know,

we can’t afford to pay you $6000; in the future we be in a much more secure financial position.

Respectfully,

Joe 

Joseph R. John

Chairman, Combat Veterans For Congress PAC

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 138 of 155
From: Dan Backer [mailto:DBacker@DBCapitolStrategies.com] 

Sent: Wednesday, December 15, 2010 5:30 AM

To: 'Joseph R. John'; 'Michael Curry'

Cc: 'Jan Akre, Esq, USMC '; 'Kenneth Margala'; 'Cong Barry M. Goldwater'; 'Capt Frank Drdek'; 'Amy R. South'

Subject: RE: FEC Reports and Treasurer's Resignation

#$'")$#'1'%$')#;'(#)$#$'(*''")(".*#'()##/(%'+$*(!.$""*#))$.$*2

$*$#3)## ())"#)(;$%($ ()$+)$)/*)).'-)'"!.*(*!#%'$%'!.'%$')#.$*'

)'#()$#($'))%'$#	#'$#!#)# )#))#'%$')2	)(#-#!.

$""$#$*''#))"() (,!!'%#))(%$#)8("!!)'#()$#()"((/)(#)'#$'')!./)2)3(

,.,$"+'%'%'()'%$')(($*!'$#!))#())# ())"#)(2 $%('*(*!)$%)*')

'(($$#$'())".#$)+#%'+$*(!.'$'9#$)'+'.$""$#''$':/#))#)*'#(#(('..$*

#)$$#*)4()$')(59(#.):)$#&*'()$$*%)$##"%!$.'$'')#$#$'($',$"))

#$'")$##()$'%$')#".#$)+#%)*'2)3(,.	8$'#.$"%!#%'$(($#!,$ #$,(,)

($#8,$*!,#))")$%'%')'%$')(2

	)$#!.#()'(*''(#$#)#,$'((/#(#)3(#$))"(#()+6#$#$+'), #/

))) (#$)")!!#	3!!$),)$*)'2

)'(%))$'2*''.3(((')$#(/)'%$')##$#%'$%'!.#+#8(	'%)!.,'#$')

!#($')?/#$'$))%'7#%$()7!)$#'%$')(8)',$*!#3)#.#)$-)#$,9%'$(())(

(* #*%!!$.$*')"))(%'$!.))'(%#)!(,':2$'$+'/)))$#!.$('+!''$'(#)

'%$')#9')$$,)$#!#'%$')#:$(
"#)''#$)"$'('$*(/(*()#)+''$'(#)$('%$')(2'

)'(("$ /)'(*(*!!.'8#)3(+'.(.)$#+')#)!."('%$')##$) #$,)2*)/##*)/),!!

($+'#')"*"$',$' $# .'()$)###-)''$'(/#')'%$)#)!#(2'%$')#

($*!$#')#$#)"2

(#$)("!!8)3(!'.(##)%$!)!$%')$#,))'"#$*(%$)#)!##)$><=>/#),!!

#'(#!.#)%*!.2((*/.$*($!*)!.($*!+%'$(($#!"#"#)$.$*'$"%!#)+)(2$*

$#3)+)$'"9#	*#'()#)).$*".#$)+)*))$$($#$,:/$''#.$###()'!.$#

+$!*#)'(2*)/#$)+#%'$(($#!"#)+)($#)(!+!(+'.(##)'( 2#)'*()#))$$+$!*#)'8$'

#.$#7,)$*)(*()#)+-%'##)('(!"$()')#!.$#)$$" )$*#).$*2	)3('))')$$)')

'$"))7$2

	,$*!')#!.! (!#)8	3+(($(#,'()(%$ 2)'$'#$).$*'"$(#3)#))

)))('%$')#$!)$#())#)$) #('$*(!.#$#')0)3('!!,#(*)()8#

%')*!'!.)'(*''9$'%*'%$(($!!)("(('%$')(/'2*''.:8)$%$)#)!!!).$'$#),'$#2	#$*'

.$*)$'%'$(($#!)$$)')/"$'($"$#!(2

'(/

# '/(&2

><>7>=<7A@?=

	

	


		
		
	


$"$)')()/"$#)!.*%)

,,,2%)$!)')(2$"

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Monday, December 13, 2010 5:39 PM

To: 'Michael Curry'

Cc: 'Dan Backer Esq.'; 'Jan Akre, Esq, USMC '; 'Kenneth Margala'; 'Cong Barry M. Goldwater'; 'Capt Frank Drdek'; 'Amy R. South'

Subject: FEC Reports and Treasurer's Resignation

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 139 of 155
Mike,

 I had a long and cordial discussion with James McAllister at the FEC this afternoon, and my understanding of various issues are listed:

Q1 FEC Quarterly Report- they have received your corrections to that report, sent a follow up E-mail or letter, and are awaiting your

response to that letter.

Q2 FEC Quarterly Report---that is clear, no corrections are required.

Q3 FEC Quarterly Report—that report was received and had some corrections required; the request for corrections will be sent to you by

the FEC next week.

The Pre-election Report (1-13 October); that report is still required to document expenditures made and donations received from 1

October thru 13 October

The Post–election Report (14 October-22 November); that report is still required to document expenditure and donations made from 14

October thru 22 November.

End of Year Report (23 November thru 31 December); that report will be due in January 2011

All reports and corrections must be filed electronically.

What is required for resignation of a PAC Treasurer:

 The filing of an Amendment to the Statement of Organization by Dan (office addresses will also have to be changed in that filing)

 Letter of Resignation to the Board of Directors from Mike

 No copies of bank statements are required to be submitted to the FEC (Jim said we should retain them to deal with possible future

audits).

 No copies of all checks received are required to be submitted the FEC (Jim said we should retain them to deal with possible future

audits)

Following your assurance in our conversation, I expect that you will correct the Q1 and Q3 FEC Quarterly Reports as you volunteered you

would do.

I request that you work with me and Amy to help “us” submit the Pre-election Report (we need guidance on how to file electronically and

must pick up where you left off with the Q3 report)

We will file the Post Election Report without your involvement

We will file the End of Year Report without your involvement

Since you’ve retained the copies of all checks you received, can we have copies for our records, in accordance with Jim’s

recommendation; we will get the copies of bank statement from the Wells Fargo if you no longer have those as well.

I would like to get all of this done, by the end of the month (literally two weeks and a few days away). I am expecting that one of the 4

potential candidates for Treasurers we are speaking to will accept the position as the new Treasurer by the 31st (I am tentatively

considering an MBA candidate with financial experience, Ryan Merritt, whom I will meet for lunch on Friday). Mike, can you submit a

letter of resignation to me dated December 31st; and Dan, can you please prepare an Amendment to the Statement of Organization dated

December 31st, we will include the new Treasurer’s name in that Amendment (leave that space blank for the time being); the Amendment

should also have my offices addresses (so the FEC won’t bother Mike with correspondence in the future)? Dan, will you be charging the

same fee you charged for filing the last Amendment when you were appointed Assistant Treasurer?

Respectfully,

Joe

Joseph R. John

Chairman, Combat Veterans For Congress PAC.

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net

From: crryco@aol.com [mailto:crryco@aol.com] 

Sent: Sunday, December 12, 2010 6:15 PM

To: jrjassoc@earthlink.net

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 140 of 155
Subject:

when you speak to the FEC tomorrow find out how I need to resign. Also Joe, I think Dan wants to create work for himself so if you push

the FEC they will say yes to everything probably. When I spoke to him all he said was we needed to send in the post election report and

that there were some minor corrections on the Q 3 report.

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 141 of 155
EXHIBIT 45

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 142 of 155
From: "Joseph R. John" <jrjassoc@earthlink.net>

Date: December 5, 2011 8:09:34 PM EST

To: "'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>

Subject: FEC.August 4th ltr.

FYI, on this date Mike said he could not respond to the FEC letter and still

had not resigned. 

Joseph R. John, USNA '62

Capt USN (Ret)

Chairman, Combat Veterans For Congress PAC 

264 S. La Cienega Blvd., Suite 186

Beverly Hills, CA 90211 

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

http://www.CombatVeteransForCongress.org 

-----Original Message-----

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Saturday, December 18, 2010 11:17 AM

To: 'Dan Backer Esq.'

Cc: 'Amy R. South'

Subject: FEC.August 4th ltr.

Dan,

Michael Kazanjian and his wife Virginia donated the $8,300.00; that

donation was below the $10,000 joint donation limit that is acceptable for

husbands and wives. Mike simply misreported the donation in the Q1 FEC

Report as a donation from Michael Kazanjian. I would like to simply write a

one line letter to explain that this was a joint donation and should have

been reported as a donation from Mr & Mrs. Michael Kazanjian; 

I received the attachment from Mike Curry yesterday for the first time.

To summarize the FEC letter to Mike dated August 4th, the due date for a

response concerning Michael Kazanjian's donation was September 8th, with the

threat of an audit if a response was not received by September 8th. The

response is over 3 months past due; I can respond to it today, if you

provide me with some guidance. 

Mike informed me today that he cannot respond to the attached letter.

Respectfully,

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 143 of 155
Joe

Joseph R. John

Chairman, Combat Veterans For Congress PAC

264 S. La Cienega Blvd., Suite 186

Beverly Hills, California 90211, USA

Tel: (310) 859-0800

Fax: (310) 859-0811

Cell: (310) 989-8778

jrjassoc@earthlink.net 

_____ 

From: crryco@aol.com [mailto:crryco@aol.com]

Sent: Saturday, December 18, 2010 8:12 AM

To: jrjassoc@earthlink.net

Cc: south.amy@gmail.com; CrryCo@aol.com

Subject: FEC.August 4th ltr.

Joe and Amy - see attached letter from the FEC. We need to deal with this

a) if a refund is due Mike K - where are we going to get that money b) the

donors employers seems hard to come by and I believe Amy you have some of

that information ?? 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 144 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 145 of 155
EXHIBIT 46

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 146 of 155
From: "Joseph R. John" <jrjassoc@earthlink.net>

Date: December 5, 2011 8:16:58 PM EST

To: "'Dan Backer Esq.'" <dbacker@dbcapitolstrategies.com>

Subject: FW: 



)'

*73

 

- .

'  

375
)	#)'
" 297

#&':1322

(-421.96:,1911

%(-421.96:,1922

(-421.:9:,9889

!(++$$$)  )

From: Joseph R. John [mailto:jrjassoc@earthlink.net] 

Sent: Saturday, January 01, 2011 2:23 PM

To: Joseph R. John

Subject: Fw:

-----Forwarded Message----- 

From: " Joseph R. John" 

Sent: Dec 31, 2010 10:03 PM 

To: "Joseph R. John" 

Subject: Fw: 

-----Forwarded Message----- 

From: crryco@aol.com

Sent: Dec 30, 2010 6:40 AM 

To: jrjassoc@earthlink.net

Cc: south.amy@gmail.com

Subject: 

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 147 of 155
Joe and Amy

Please find attached a letter just received from FEC. This relates to the 

October report which you have already filed so it may be moot. Also, I have 

other mail here addressed to you Joe and Dan Backer which I am forwarding 

on to you.

Mike

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 148 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 149 of 155
EXHIBIT 47

Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 150 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 151 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 152 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 153 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 154 of 155
Case 1:11-cv-02168-CKK Document 1-1 Filed 12/07/11 Page 155 of 155
Case 1:11-cv-02168-CKK Document 1-2 Filed 12/07/11 Page 1 of 2
Case 1:11-cv-02168-CKK Document 1-2 Filed 12/07/11 Page 2 of 2