UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

)

FEDERAL ELECTION COMMISSION, )

999 E Street, N.W. )

Washington, DC 20463, )

)

Plaintiff, )

)

v. ) No. 15-cv-81732-KAM

)

EDWARD J. LYNCH, Sr., ) AMENDED COMPLAINT

10269 Trianon Pl. )

Wellington, FL 33449, )

)

LYNCH FOR CONGRESS, )

P.O. Box 210544, )

Royal Palm Beach, FL 33421, )

)

and )

)

EDWARD J. LYNCH, Sr., )

in his official capacity as Treasurer of )

Lynch for Congress, )

c/o Lynch for Congress )

P.O. Box 210544, )

Royal Palm Beach, FL 33421, )

)

Defendants. )

)

PLAINTIFF FEDERAL ELECTION COMMISSION’S 

AMENDED COMPLAINT FOR CIVIL PENALTY, DECLARATORY, 

INJUNCTIVE, AND OTHER APPROPRIATE RELIEF

Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), the Federal Election 

Commission hereby submits the following amended complaint.

1. Between 2008 and 2010, defendants converted as much as $53,500 of campaign 

contributions given to Lynch for Congress, the principal campaign committee for Edward J. 

Lynch, Sr. for his 2008 campaign for United States Congress to represent Florida’s 19th 

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 1 of 12
2

Congressional District in the United States House of Representatives and in his 2010 special 

election campaign for the same seat, for Mr. Lynch’s personal use. Mr. Lynch used campaign 

funds to pay for various personal expenses, including monthly gym membership dues, payments 

on a personal loan, various automobile expenses, and retail purchases. The Federal Election 

Commission seeks a declaration that defendants’ conversion of $1,374 of campaign funds for 

Mr. Lynch’s personal use on or after August 20, 2010 violated 52 U.S.C. § 30114(b), the 

assessment of a $7,500 civil penalty against Mr. Lynch in his personal capacity, the assessment 

of a $7,500 civil penalty against Lynch for Congress and Mr. Lynch in his official capacity as 

treasurer of that committee, an order requiring Mr. Lynch to disgorge the $1,374 of campaign 

funds converted to personal use on or after August 20, 2010, and a permanent injunction against 

future similar violations by defendants.

JURISDICTION AND VENUE

2. This action seeks declaratory, injunctive, and other appropriate relief pursuant to 

the express authority granted by Congress to the Federal Election Commission in the Federal 

Election Campaign Act (“Act” or “FECA”), codified at 52 U.S.C. §§ 30101-146.1

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

brought by an agency of the United States expressly authorized to sue by an act of Congress. 52 

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

4. A substantial part of the acts or omissions giving rise to this suit occurred in this 

district and venue is properly found in the United States District Court for the Southern District 

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

 1 Until recently, FECA’s provisions were found in Title 2 of the United States Code.

Those provisions have now been moved to new Title 52. The alleged violations and many of the

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

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

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 2 of 12
3

THE PARTIES

5. Plaintiff Federal Election Commission (“Commission” or “FEC”) is the 

independent agency of the United States government with exclusive jurisdiction over the 

administration, interpretation, and civil enforcement of FECA. See 52 U.S.C. §§ 30106(b)(1), 

30107(a), 30109. The Commission is authorized to institute investigations of possible violations 

of the Act, 52 U.S.C. § 30109(a)(1)-(2), and to initiate civil actions in the United States district 

courts to obtain judicial enforcement of the Act, 52 U.S.C. §§ 30107(e), 30109(a)(6).

6. Defendant Edward J. Lynch, Sr. was a candidate, within the meaning of 52 U.S.C. 

§ 30101(2), to represent Florida’s 19th Congressional District in the United States House of 

Representatives in 2008 and in a special election for the same congressional seat in 2010.

7. Defendant Lynch for Congress (“Lynch Committee”) was and is a political 

committee of Edward J. Lynch, Sr. within the meaning of 52 U.S.C. § 30101(4). Mr. Lynch 

designated the Lynch Committee as his authorized principal campaign committee, within the 

meaning of 52 U.S.C. § 30101(5)-(6), for the 2008 election to represent Florida’s 19th 

Congressional District in the United States House of Representatives and the 2010 special 

election for the same congressional seat. As such, the Lynch Committee was authorized to 

receive contributions and make expenditures on behalf of the candidate, Edward J. Lynch, Sr. 

See 52 U.S.C. § 30102(e)(1)-(2). No expenditure by or on behalf of the Lynch Committee could 

or can be made without the authorization of the Committee’s treasurer or his or her agent. See 

52 U.S.C. §§ 30102(a), 30103(b)(4).

8. In addition to being a candidate, Mr. Lynch has served as the treasurer and 

custodian of records for the Lynch Committee since February 28, 2008.

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 3 of 12
4

RELEVANT STATUTORY AND REGULATORY PROVISIONS

9. FECA provides that contributions accepted by a candidate may be used by the 

candidate for, inter alia, “otherwise authorized expenditures in connection with the campaign for 

Federal office of the candidate.” 52 U.S.C. § 30114(a)(1).

10. The Act provides that contributions or donations described in 52 U.S.C. 

§ 30114(a) “shall not be converted by any person to personal use.” 52 U.S.C. § 30114(b)(1).

11. The Act defines “personal use” as the use of a contribution or donation “to fulfill 

any commitment, obligation, or expense of a person that would exist irrespective of the 

candidate’s election campaign or individual’s duties as a holder of Federal office.” 52 U.S.C. 

§ 30114(b)(2).

12. Personal use includes, inter alia, payments of home mortgages, rent, or utilities; 

clothing purchases; non-campaign related automobile expenses; and health club dues, among 

other payments. 52 U.S.C. § 30114(b)(2); 11 C.F.R. § 113.1(g).

13. In enforcement actions instituted by the Commission, courts are authorized to 

grant injunctions or other orders, including assessing civil penalties that do not exceed the 

greater of $7500 or an amount equal to any contribution or expenditure involved, for each 

violation of the Act. 52 U.S.C. § 30109(a)(6)(B); 11 C.F.R. § 11.24(a)(1) (providing the 

inflation-adjusted statutory penalty amount). 

14. Actions “for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or 

otherwise,” including for violations of the personal use prohibition, are subject to a five-year 

statute of limitations. 28 U.S.C. § 2462. 

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 4 of 12
5

FACTUAL BACKGROUND

15. Edward J. Lynch, Sr. was an unsuccessful candidate in the 2008 election to 

represent Florida’s 19th Congressional District in the United States House of Representatives 

and again in the 2010 special election for the same congressional seat.

16. During his first campaign, Mr. Lynch filed a Statement of Candidacy and 

Statement of Organization designating himself as treasurer and custodian of records for the 

Lynch Committee. He filed a new Statement of Candidacy when he decided to participate in the 

2010 special election to fill a vacancy resulting from Representative Robert Wexler’s retirement 

and did not change his designation as the Lynch Committee’s treasurer.

17. Evidence obtained by the Commission indicates that during each campaign, Mr. 

Lynch exercised nearly exclusive oversight of the Lynch Committee’s funds and bank records 

and that he restricted his staff’s access to records reflecting the Lynch Committee’s financial 

activities and status.

18. Evidence obtained by the Commission further indicates that between 2008 and 

2010, as much as $53,500 in campaign contributions to the Lynch Committee were used to pay 

Mr. Lynch’s personal expenses.

19. Mr. Lynch has admitted that he spent “over $5,000” in campaign funds for 

personal expenses, including seven months of a recurring gym membership fee, a home utility 

bill payment, an emergency room visit, a driver’s license fee, payment on a personal loan, 

purchase of a gun holster, shooting range fees, and retail and clothing purchases.

20. Mr. Lynch has also admitted that he spent campaign funds on expenses that were 

for a mixture of campaign and personal use, including vehicle expenses, cell phone payments, 

meals, and cash withdrawals, and he has stated that he failed to document such expenditures.

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 5 of 12
6

21. Bank records subpoenaed by the Commission reflect $30,530 in cash withdrawals 

through ATM and bank teller withdrawals for which there is no documentation reflecting how 

the withdrawn fund were used or by whom.

22. This complaint seeks relief for each of the following expenditures, made on or 

after August 20, 2010 — months after Mr. Lynch lost the April 2010 special election for 

Florida’s 19th Congressional District in the United States House of Representatives — of 

personal expenses of Mr. Lynch with the Lynch Committee’s campaign funds:

Date Amount of 

disbursement

Description of Payment in Bank 

Statement

8/20/2010 $59.22 Chevron

8/30/2010 $69.00 Shell Oil

8/30/2010 $35.00 The Ladders

9/2/2010 $82.72 ER Bradley's Saloon

9/3/2010 $42.00 Lake Point BP

9/7/2010 $17.36 Publix

9/16/2010 $500.00 Over the Counter W/D

9/16/2010 $52.77 On the Border Royal

9/16/2010 $64.18 Shell Oil 

9/16/2010 $286.42 Kohl’s

9/17/2010 $10.65 PF Royal Palm

9/20/2010 $52.61 Shell Oil 

9/27/2010 $62.54 Exxon Mobil

10/10/2010 $29.00 PF Royal Palm

11/17/2010 $10.65 PLA FIT RPB member pay

TOTAL $1,374.12

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 6 of 12
7

ADMINISTRATIVE PROCEEDINGS

23. The underlying administrative enforcement matter, Matter Under Review 

(“MUR”) 6498, was internally generated as a result of the Commission’s review of information 

in the normal course of carrying out its supervisory responsibilities indicating that Mr. Lynch 

and his principal authorized campaign committee may have violated, inter alia, FECA’s personal 

use provisions. 

24. On or about June 14, 2010, the Commission sent defendants Mr. Lynch and the 

Lynch Committee a letter notifying them that the Commission had ascertained information in the 

normal course of carrying out its supervisory responsibilities indicating that the Lynch 

Committee and Mr. Lynch, personally and in his official capacity as treasurer of the Lynch 

Committee, may have violated FECA by, inter alia, using campaign funds for personal expenses 

and that the matter had been referred to the Commission’s Office of General Counsel for 

possible enforcement action. The letter further informed defendants that the Commission’s 

Office of General Counsel was reviewing the information in connection with making a 

recommendation to the Commission as to whether there is reason to believe that defendants 

violated the Act, and that before the General Counsel makes such a recommendation, defendants 

may provide in writing any factual or legal materials that they believe are relevant to the matter, 

including any related documents.

25. On July 6, 2010, the Commission received a letter from Mr. Lynch responding to 

the Commission’s June 14 notification letter. 

26. After reviewing the available information, on November 1, 2011, the FEC voted 

6-0 to find reason to believe that Mr. Lynch violated, inter alia, 2 U.S.C. § 439a(b) [now 52 

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 7 of 12
8

U.S.C. § 30114(b)] by using campaign funds for personal expenses, that the Lynch Committee 

and Mr. Lynch, in his official capacity as treasurer of the Lynch Committee, violated, inter alia, 

2 U.S.C. § 439a(b) [now 52 U.S.C. 30114(b)] by disbursing campaign funds for Mr. Lynch’s 

personal expenses, and open an investigation. The Commission notified defendants of its 

reason-to-believe determination by letter sent on or about November 7, 2011. 

27. During the course of the Commission’s investigation of MUR 6498, the parties 

executed two tolling agreements, first on April 1, 2013, and second on May 28, 2013, each time 

allowing defendants additional time to respond to a letter and subpoena from the Commission 

and extending the Commission’s time to institute a civil law enforcement suit by a period of 60 

calendar days from the expiration date of the five-year statute of limitations found at 28 U.S.C. 

§ 2462.

28. On or about July 1, 2015, the Commission’s Office of General Counsel notified 

defendants that the Office of General Counsel was prepared to recommend that the Commission 

find “probable cause” to believe that the defendants had violated, inter alia, 2 U.S.C. § 439a(b) 

[now 52 U.S.C. § 30114(b)]. See 52 U.S.C. § 30109(a)(3). The Office of General Counsel also 

enclosed with its July 1 notification a brief stating the position of the Office on the legal and 

factual issues of the matter, and informed defendants that they may file a brief stating their 

position on the issues and replying to the brief of the Office of General Counsel. Defendants did 

not file a response to the General Counsel’s brief.

29. On or about September 10, 2015, the Commission sent Mr. Lynch a letter 

referencing its July 1, 2015 notification and enclosed brief and the lack of any timely reply to 

that brief by defendants. The letter further referenced the Commission’s receipt on August 5, 

2015, of a notification from the defendants’ former counsel that he had withdrawn from further 

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 8 of 12
9

representation of the defendants. The letter advised Mr. Lynch of the Office General Counsel’s 

intent to proceed with recommending that the Commission find probable cause to believe that 

defendants had violated, inter alia, 52 U.S.C. § 30114(b) based on the factual and legal analysis 

set forth in the Office of General Counsel’s brief.

30. After reviewing the information available, on October 1, 2015, the Commission 

voted 6-0 to find probable cause to believe that Lynch for Congress and Mr. Lynch, personally 

and in his official capacity as treasurer violated, inter alia, 52 U.S.C. § 30114(b). The 

Commission further authorized the Office of General Counsel to attempt to correct the 

defendants’ violations through informal methods of conference, conciliation, and persuasion.

31. The Commission notified the defendants on or about October 14, 2015, of the 

Commission’s October 1, 2015 findings, and, for a period of not less than 30 days, endeavored to 

correct the violations through informal methods of conference, conciliation, and persuasion. See 

52 U.S.C. § 30109(a)(4)(A). 

32. Unable to secure acceptable conciliation agreements with defendants, on 

December 10, 2015, the Commission voted 6-0 to authorize filing this civil lawsuit against 

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

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

are prerequisites to filing this action.

FIRST CAUSE OF ACTION

34. Paragraphs 1 through 35, inclusive, are incorporated herein by reference.

35. On or after August 20, 2010, Edward J. Lynch, Sr. converted a total of 

approximately $1,374 of the Lynch Committee’s campaign funds to his personal use, including 

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 9 of 12
10

for monthly gym membership dues, a cash withdrawal, various automobile expenses, and retail 

purchases.

36. By converting those Lynch Committee campaign funds to his own personal use, 

defendant Edward J. Lynch, Sr. violated 52 U.S.C. § 30114(b).

SECOND CAUSE OF ACTION

37. Paragraphs 1 through 38, inclusive, are incorporated herein by reference.

38. On or after August 20, 2010, the Lynch Committee and Edward J. Lynch, Sr., in 

his official capacity as treasurer for the Lynch Committee, disbursed approximately $1,374 in the 

Lynch Committee’s campaign funds for Mr. Lynch’s personal expenses, including for monthly 

gym membership dues, a cash withdrawal, various automobile expenses, and retail purchases.

39. By disbursing those Lynch Committee campaign funds for Mr. Lynch’s personal 

use, the Lynch Committee and Edward J. Lynch, Sr., in his official capacity as treasurer for the 

Lynch Committee, violated 52 U.S.C. § 30114(b).

PRAYER FOR RELIEF

WHEREFORE, plaintiff Federal Election Commission prays that this Court:

A. Declare that the Lynch Committee and Edward J. Lynch, Sr., personally and in 

his official capacity as treasurer of the Lynch Committee, violated 52 U.S.C. § 30114(b) by 

converting approximately $1,374 in the Lynch Committee’s campaign funds to the personal use 

of Mr. Lynch on or after August 20, 2010;

B. Assess a $7,500 civil penalty against Edward Lynch, Sr. in his personal capacity 

and a $7,500 civil penalty against the Lynch Committee and Mr. Lynch in his official capacity as 

treasurer. 52 U.S.C. § 30109(a)(6)(B); 11 C.F.R. § 111.24(a)(1).

C. Order defendant Edward J. Lynch, Sr. to disgorge the $1,374 in the Lynch 

Committee’s campaign funds that he converted for his personal use on or after August 20, 2010;

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 10 of 12
11

D. Permanently enjoin the Lynch Committee and Edward J. Lynch, Sr., personally 

and in his official capacity as treasurer of the Lynch Committee, from converting campaign

funds to the personal use of Mr. Lynch;

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

F. Grant plaintiff Federal Election any other relief to which the Commission may be 

entitled.

Respectfully submitted,

Daniel A. Petalas 

Acting General Counsel

dpetalas@fec.gov

Lisa J. Stevenson 

Deputy General Counsel

lstevenson@fec.gov

Kevin Deeley

Acting Associate General Counsel

kdeeley@fec.gov

March 7, 2016

s/ Benjamin A. Streeter III

Benjamin A. Streeter III 

Attorney

bstreeter@fec.gov

Erin Chlopak 

Acting Assistant General Counsel

echlopak@fec.gov

COUNSEL FOR DEFENDANT

FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington, DC 20463

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 11 of 12
1

CERTIFICATE OF SERVICE

I, Benjamin A. Streeter III, an attorney of record in this case, certify that I served 

on March 7, 2016 a copy of the foregoing Federal Election Commission’s Amended Complaint 

to Edward J. Lynch, Sr., individually and in his official capacity as treasurer and as custodian of 

record for Lynch for Congress, via first class mail addressed to Mr. Lynch in each of his 

capacities at his address of record, 10269 Trianon Place, Wellington, FL 33449, and via this

Court’s Electronic Case Filing System. 

s/ Benjamin A. Streeter III

Case 9:15-cv-81732-KAM Document 14 Entered on FLSD Docket 03/07/2016 Page 12 of 12