D LAW OFFICE OF G , OMINGO ARCIA, P.C. 

ATTORNEYS AND COUNSELORS AT LAW 

400 S. ZANG BOULEY ARD SUTIE 600 

DALLAS, TEXAS 75208 

TELEPHONE (214) 941-8300 

FAX (214) 943-7536 

TOLL FREE (877) 794-6384 

garciadtx@aol.com 

June 25, 2013 

VIA CERTIFIED MAIL-RRR 

No. 7012 1010 0000 1956 1095 

Ellen C. Weinstraub, Chairman 

Federal Election Commission 

999 ESt., N.W. 

Washington, D.C. 20463 

Re: Garcia for Congress and Swati Patel v. Federal Election Commission; Civil 

Action No. 3:13-CV-02401-K; Pending in the United States District Court 

for the Northern District of Texas, Dallas Division 

Dear Ms. Weinstraub: 

Enclosed please find in connection with the above-referenced matter a Summons with an 

Original Complaint attached which is being served on you, as a representative of the Defendant, 

pursuant to Rule 4(c)(2) ofthe Federal Rules of Civil Procedure. 

Please call if you have any questions. 

:mJ 

Enclosures 

cc: Civil-Process Clerk 

Office of the United States Attorney 

For the Northern District of Texas 

1100 Commerce St., 3rct Floor 

Dallas, Texas 75242-1699 

(via certified mail-rrr no. 

7012 1010 0000 19561101)(wlencls.) 

Sincerely, 

if:lt~ y 0nij/~ Mona L. Jones 

Paralegal to Domingo Garcia 
Ellen C. Weinstraub, Chairman 

Federal Election Commission 

June 25, 2013 

Page2 

Mr. Eric H. Holder, Jr. 

Attorney General of the United States 

950 Pennsylvania Avenue, NW 

Washington, D.C. 20530-0001 

(via certified mail-rrr no. 

70121010 0000 19561118) (w/encls.) 
Case 3:13-cv-02401-K Document 3 Filed 06/24/13 Page 1 of 6 PageiD 13 

~ 

AO 440 (Rev. 12/09) Summons in a Civil Action NN' 

UNITED STATES DIS1RICT COURT 

Garcia For Congress 

Plaintiff 

v. 

Federal Election Commission 

Dt?fendant 

for the 

Northern District of Texas 

) 

) 

) Civil Action No. 3:13-cv-02401-K 

) 

) 

) 

) 

Summons in a Civil Action 

TO: Federal Election Commission 

A lawsuit has been filed against you. 

Within 21 days after service of this summons on you (not counting the day you received 

it)-- or 60 days if you are the United States or a United States agency, or an officer or 

employee of the United States described in Fed. R. Civ. P. 12(a)(2) or (3) --you must serve 

on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal 

Rules of Civil Procedure. The answer or motion must be served on the plaintiff or the 

plaintiff's attorney, whose name and address are: 

*NO ATTORNEY REPRESENTATION FOUND IN THIS CASE* 

If you fail to respond, judgment by default will be entered against you for the relief 

demanded in the complaint. You also must file your answer or motion with the court. 

CLERK OF COURT 

DATE: 06/24/2013 

t~~-------__.,_,,,..,,., "' »»-«- :::;: 

Signature of Clerk or Deputy Clerk 
Case 3:13-cv-02401-K Document 3 Filed 06/24113 Page 2 of 6 PageiD 14 

A0440 Summons in a Ci .. .;! 

Civil Action No. 3: 13-cv-0240 1-K 

PROOF OF SERVICE 

(This section should not be filed with the court unless required by Fed. R. Cil'. P. 4 (I)) 

This smnmons for (name of individual and title, if any) ------------------------

was received by me on (date) __________ . 

0 I personally served the summons on the individual at (place) --------------------

------------------------- on(date) ____________ ;, or 

0 I left the summons at the individual's residence or usual place of abode with (name) ------------

-----------------------' a person of suitable age and discretion who resides there, 

on (date) ------------------'and mailed a copy to the individual's last known address: or 

0 I served the smnmons on (name of individual) ------------------' \\.no is designated 

by law to accept service of process on behalf of (name of organization) ------------------

------------------------- on (date) _____________ ;or 

0 I returned the swnmons Wlexecuted because or 

0 other (specify) ---------------------------------

My fees are$ ______ _ for travel and$ _______ _ for services, for a total of$ _____ _ 

I declare under penalty of perjury that this information is true. 

Date:----------

Server's signature 

Printed name and title 

Server's address 

Additional information regarding attempted service, etc: 
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

GARCIA FOR CONGRESS AND SWATI PATEL, § 

Plaintiffs, § 

rHTTT A rTT{)l\.T 1\.TT T"t..A"ODD • _ ........... ~ .................. ..&. .... '-"..&., ..L ''--'..L.'f.L.LJ.L....i.l.'\... 

Vs. 

FEDERAL ELECTION COMMISSION, 

Defendant. 

§ 

§ 

§ 

§ 

ORIGINAL COMPLAINT 

TO THE HONORABLE UNITED STATES DISTRICT JUDGE: 

COME NOW Plaintiffs GARCIA FOR CONGRESS and SW ATI PATEL, who file this their 

Original Complaint against Defendant FEDERAL ELECTION COMMISSION and respectfully 

show this Honorable Court as follows: 

1. Plaintiffs demand a jury trial on all issues triable to a jury. 

2. This is a proceeding to appeal the final determination of Defendant that Plaintiffs violated 

2 U.S.C. § 434(a) and assessing a civil money penalty of $15,220.00, a photocopy of which is 

attached hereto as Exhibit 1, and to request that this Court conduct a judicial review under the 

Administrative Procedure Act and set aside or modify that final determination. 

3. Plaintiffs have exhausted their administrative remedies prior to filing this complaint. Ex. 1 

at pp. 1-2. 

4. Plaintiffs' causes of action arise under 2 U.S.C. § 437g(a)(4)(C), for which this Court has 

original jurisdiction under the provisions of 5 U.S.C. §§ 702, 704, & 706. 

5. Venue is proper in this Court pursuant to 2 U.S.C. § 437g(a)(4)(C)(iii) and 5 U.S.C. § 703 

because Plaintiffs reside and/or transact business in the Northern District of Texas. 

ORIGINAL COMPLAINT/bn Page 1 
6. Summons is being issued for service upon Defendant's Chair Ellen C. Weintraub at 999 E 

St., N. W ., Washington, D. C. 20463 with a photocopy to the United States Attorney for theN orthern 

District of Texas in Dallas. 

7. Defendant's finding that Plaintiff" viol:::ttP.rl? T_T~ C_ § 4J4(E!) '.x.'E!S b::!.sed ~p8!l their f~il~r~ 

to timely file 48-Hour Notices for the 2012 Texas Primary Election. Ex. 1 at p. 1. Domingo A. 

Garcia was a candidate for District 33 of the United States House of Representatives, who was 

defeated in the 2012 runoff election. Swati Patel was his campaign treasurer. Even though Plaintiffs 

filed the required disclosures and responded in writing to Defendant's reason-to-believe finding set 

forth in its February 8, 2013 notice letter, Defendant refused to modify the finding or the original 

civil money penalty calculated in accordance with the schedule of penalties at 11 C.F.R. § 111.44. 

!d.; 11 C.F.R. §§ 111.8(c). Defendant has exclusive jurisdiction regarding civil enforcement of the 

Federal Election Campaign Act ("FECA"), as amended by the Bipartisan Campaign Reform Act. 2 

U.S.C. §§ 434 & 437c(b)(l). This Court has the right to review Defendant's action under the 

Administrative Review Act. 5 U.S.C. § 702. 

8. Defendant ignored that the FECA contains a safe harbor provision, which makes exceptions 

to FECA's restrictions on contributions and expenditures and record-keeping and disclosure/ 

reporting requirements in 2 U.S. C.§§ 432-34, including non-partisan activity designed to encourage 

individuals to vote or register to vote. 2 U.S.C. § 431(9)(B)(ii). 

9. Defendant also ignored that Plaintiffs challenged the reason-to-believe finding and the fine 

assessed by explaining in writing their best, good-faith efforts to file the requisite reports in a timely 

manner and how they were prevented from doing so by reasonably unforeseen circumstances that 

were beyond their control. 

ORIGINAL COMPLAINT/bn Page2 
10. In addition, the fine assessed as the remedy for the alleged statutory violation is grossly 

disproportionate to what Plaintiffs failed to timely disclose. 

11. Furthermore, incumbent United States Senators, Congressmen, and Congresswomen and 

or completely failed to file them, and Defendant has assessed a much smaller penalty or fine for 

those violations, even when the amount not disclosed or not timely disclosed greatly exceeded what 

Plaintiffs failed to timely report or disclose. One example is when former United States Attorney 

General John Ashcroft was a candidate for the United States Senate from Missouri in 2000, and 

neither his campaign nor his political action committee reported contributions to Defendant. 

Nonetheless, Defendant subsequently entered into a Conciliation Agreement with the respondents. 

Legal commentators have noted that the vast majority ofDefendant's sanctions punish rather trivial 

violations ofFECA technicalities and that the penalties imposed by Defendant often vary greatly and 

fail to differentiate between the seriousness of the violations involved. The inconsistency of 

Defendant's conduct between those precedents and this case is a factor for this Court to assess in 

weighing the deference due to the final determination in this case, as that inconsistency indicates 

unreasonableness. Ifthis Court finds that Defendant's constructions of the relevant statutes and 

regulations was inconsistent with the statutory mandate or frustrates the policy which Congress 

sought to implement, that is yet another reason for this Court to reject Defendant's final 

deterrhination in this case for being contrary to the law. Ex. 1 at pp. 1-2. Consequently, this Court 

should find that there was factual or legal error in Defendant's finding and/ or a miscalculation of the 

fine assessed by Defendant against Plaintiffs. 

12. Plaintiffs are entitled to judicial review of the final determination by Defendant because they 

ORIGINAL COMPLAINT/bn Page 3 
have identified some agency action which negatively affects them. 5 U.S.C. § 702. This Court 

should not assume that an adequate explanation exists for the final determination by Defendant and 

insist that Defendant prove that. This Court should also review the record and find that no reliable 

and substantial evidence with ration::1l prohMivP f0rc::-~ sEpp0!"!S Defe!ld~:!lt'8 ::!:!l::!ly~i~ XJ.d fi~u.l 

determination and that Defendant has not articulated a satisfactory explanation and a rational 

connection between the facts found and the choice made. This Court, accordingly, should conclude 

that Defendant's findings and fine assessed were arbitrary or capricious or that Defendant abused 

its discretion with regard to Plaintiffs because Defendant has not shown a coherent and reasonable 

explanation for its exercise of that discretion and that its final determination is, therefore, contrary 

to law. 

13. Plaintiffs, accordingly, request that this Court set aside or modify the final determination set 

forth in the attached Exhibit 1. Alternatively, Plaintiffs request that this Court set aside that final 

determination and remand the case for a new determination. 

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be summoned 

to appear and answer in this cause and that, after a trial by jury, Plaintiff be awarded a Final 

Judgment against Defendant, which sets aside or modifies the final determination set forth in the 

attached Exhibit 1. 

Plaintiffs alternatively pray that this Court set aside that final determination and remand the 

case for a new determination by Defendant. -

Plaintiffs further pray for such other and further relief to which they may be justly entitled 

ORIGINAL COMPLAINT/bn Page4 
at law or in equity, specific or general. 

Dated: June 24, 2013. 

ORIGINAL COMPLAINT Ibn 

Respectfully submitted, 

T,AW OFFTC:F~ OF DOMINGO ~11-· GARCIA, P.C. 

By: /s/ Domingo A. Garcia 

Domingo A. Garcia 

State Bar No. 07631950 

600 Bank of America Tower - Oak Cliff 

400 S. Zang Blvd. 

Dallas, Texas 75208 

Telephone: (214) 941-8300 

Facsimile: (214) 943-7536 

ATTORNEYS FOR PLAINTIFFS_ 

Page 5 
Exhibit "1" 
FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

VIA OVERNIGHT DELIVERY 

Swati Patel, in official capacity as Treasurer 

Garcia for Congress 

400 South Zang Boulevard, Suite 600 

Dallas, TX 75208 

C00515114 

AF#: 2636 

Dear Ms. Patel: 

May 23, 2013 

On February 7, 2013, the Federal Election Commission ("the Commission") found reason 

to believe ("RTB ") that Garcia for Congress and you, in your official capacity as Treasurer, 

violated 2 U.S.C. § 434(a) for failing to file 48-Hour Notices for the 2012 Texas Primary 

Election. By letter dated February 8, 2013, the Commission sent notification of the RTB finding 

that included a civil money penalty calculated at RTB of $15,220 in accordance with the 

schedule of penalties at 11 C.F.R. § 111.44. On March 1, 2013, the Office of Administrative 

Review received your written response, challenging the R TB finding. 

The Reviewing Officer reviewed the Commission's RTB finding with its supporting 

documentation and the written response. Based on this review, the Reviewing Officer 

recommended that the Commission make a final determination that Garcia for Congress and you, 

in your official capacity as Treasurer, violated 2 U.S.C. § 434(a) and assess a civil money 

penalty in the amount of $15,220 in accordance with 11 C.F.R. § 111.44. A copy of the 

Reviewing Officer Recommendation (ROR) was sent to you on March 11, 2013. 

On May 20, 2013, the Commission adopted the Reviewing Officer's recommendation and 

made a final determination that Garcia for Congress and you, in your official capacity as 

==-c::_-===~Ir~£SJl~I.-Yigla~ci~TJ.S._G-.=B~~~(gd~aud~s_s_ess~d=a=£iNil=mcen~y~_eng1t~·ef~$l~,-2;2J±-3t::is:::hased== 

'---_- -~_c· __ ____:orii:he~sa:me=fudorsLis-ea-to·calcti1Ktecl:l:1~-'civtl---fll.oneypenalfy-ar"RTB~~A copy of the final 

determination recommendation is attached. 

1 
At this juncture, the following courses of action are available to you: 

1. If You Choose to Appeal the Final Determination and/or Civil Money Penalty 

If you choose to appeal the final determination, you should submit a written petition, 

within 30 days of receipt of this letter, to the district court of the United States for the district in 

which the committee or you reside, or transact business, requesting that the final determination 

be modified or set aside. See 2 U.S.C. 8 4:17eill)(4)(1')(iii) Yo,_~: f2.ih.!:~ t0 :2~~e 2~ 2:c;~-:;;~~f i~ 

a timely fashion during the administrative process shall be deemed a waiver of the respondents' 

right to present such argument in a petition to the district court under 2 U.S.C. § 437g. 

11 CFR § 111.3 8. 

2. If You Choose Not to Pay the Civil :Money Penalty and Not to Appeal 

Unpaid civil money penalties assessed through the Administrative Fine regulations will 

be subject to the Debt Collection Act of 1982 ("DCA") as amended by the Debt Collection 

Improvement Act of 1996 ("DCIA"), 31 U.S.C. § 3701 et seq. If you do not pay this debt within 

30 days (or file a written petition to a federal district court- see below), the Commission will 

transfer the debt to the U.S. Department of the Treasury ("Treasury") for collection. Within 5 

days of the transfer to Treasury, Treasury will contact you to request payment. Treasury 

currently charges a fee of28% of the civil money penalty amount for its collection services. The 

fee will be added to the amount of the civil money penalty that you owe. Should Treasury's 

attempts fail, Treasury will refer the debt to a private collection agency ("PCA"). If the debt 

remains unpaid, Treasury may recommend that the Commission refer the matter to the 

Department of Justice for litigation. 

Actions which may be taken to enforce recovery of a delinquent debt by Treasury may 

also include: (1) offset of any payments, which the debtor is due, including tax refunds and 

salary; (2) referral of the debt to agency counsel for litigation; (3) reporting of the debt to a credit 

bureau; ( 4) administrative wage garnishment; and (5) reporting of the debt, if discharged, to the 

IRS as potential taxable income. In addition, under the provisions of DCIA and other statutes 

applicable to the FEC, the debtor may be subject to the assessment of other statutory interest, 

penalties, and administrative costs. 

In accordance with the DCIA, at your request, the agency will offer you the opportunity 

to inspect and copy records relating to the debt, the opportunity for a review of the debt, and the 

opportunity to enter into a written repayment agreement. 

~-----: -c---_ -3..!.:~---- _ lf¥otk:G.hoQ~:::-i!!~:J~:ay=the:::-Givil-=-Mo:ney.=P~ena1ty-'---=- ==--=--==~ -:~=-='-=--=c=-=-=--=-:--:===-==- ------- --- - --:-~= = = ~-- ... Ifyo-uslioulcraeciae topay tliecivir monefpenalty,-sena the enclosed~rem.Ittance form,--

along with your payment, to the address on page 4 within 30 days of receipt of this letter. 

NOTICE REGARDING PARTIAL PAYMENTS AND SETTLEMENT OFFERS 

4. Partial Payments 

If you make a payment in an amount less than the civil money penalty, the amount of 

your partial payment will be credited towards the full civil money penalty that the Commission 

.as.s.esseJJ_upon m a.king.a.lina.Ld.eter.mination_ .. __ _ 

2 
5. Settlement Offers 

If you make a payment in an amount less than the civil money penalty as an offer to settle 

or compromise a debt owed to the Commission, the offer is herewith rejected despite any 

restrictive endorsements contained on your check or money order or proposed in correspondence 

transmitted with your check or money order. Acceptance and deposit or cashing of such a 

restricted payment does not constitute acceptance of the settlement offer. Payments containing 

restrictive encinrsP.mP.Dts: 'xri!l be dep0~ited 8-:;;1 t-:-~~f::-:d c._~ 3. p~.:.t~d p:::.y::~~;:::.t iG'vV~d:; the C:i-v':il 

money penalty that the Commission assessed upon making a final determination. All unpaid 

civil money penalty amounts remaining will be subject to the debt collection procedures set forth 

in Section 2, above. 

The confidentiality provisions at 2 U.S. C. § 437g(a)(l2) no longer apply and this matter 

is now public. The file will be made a part of the public record pursuant to 11 CPR § 111.42(b ). 

Although the file must be placed on the public record within thirty (30) days from the date of the 

Commission's notification, this could occur at anytime following certification of the 

Commission's vote. 

If you have any questions regarding the payment of the civil money penalty, please 

contact Rhiannon Magruder on our toll free number (800) 424-9530 (press 0, then ext. 1660) or 

(202) 694-1660. 

3 

On behalf of the Commission, 

Ellen L. Weintraub 

Chair 

===.~==-= ---- ·-