UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

)

FEDERAL ELECTION COMMISSION, )

)

Plaintiff, )

)

v. ) No. __

)

DAVID RIVERA, ) COMPLAINT

)

Defendant. )

)

COMPLAINT 

1. During the 2011-2012 federal election cycle, then-U.S. Congressman David 

Rivera engaged in a scheme to secretly provide more than $69,000 in direct and in-kind 

contributions to the primary election campaign of Justin Lamar Sternad in Florida’s 26th

Congressional District, in violation of the Federal Election Campaign Act (“FECA” or “Act”).

Rivera directed an associate, Ana Sol Alliegro, to approach Sternad with the offer to help fund 

his campaign, to which Sternad agreed. At Rivera’s direction, Alliegro then delivered funds or 

arranged for them to be delivered to Sternad, his principal campaign committee, and vendors 

providing services to the committee. Rivera’s scheme involved concealing in-kind contributions 

by paying vendors mostly in cash to produce and distribute materials for Sternad’s campaign.

Sternad’s disclosure reports failed to disclose the true source of the contributions, instead falsely 

stating that the contributions were loans from Sternad’s personal funds. Rivera took several 

measures to conceal his involvement and the source of the contributions. The Rivera-supported 

Sternad campaign aided Rivera’s own election efforts by opposing Joe Garcia during his primary

election. Garcia was the candidate Rivera was likely to — and did — ultimately face in the 

general election. To remedy these violations, the Federal Election Commission (“Commission” 

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or “FEC”) seeks a declaration that Rivera violated 52 U.S.C. § 30122 and 11 C.F.R. § 110.4(b) 

by knowingly and willfully making contributions in the name of another to Sternad’s campaign,

an appropriate civil penalty against Rivera, and a permanent injunction against future similar 

violations by Rivera.

JURISDICTION AND VENUE

2. This action seeks civil penalties, declaratory, injunctive, and other appropriate 

relief pursuant to the authority granted by Congress to the Federal Election Commission in the 

Federal Election Campaign Act, codified at 52 U.S.C. §§ 30101-146 (formerly codified at 2 

U.S.C. §§ 431-457).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. 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), because 

defendant is found, resides, and transacts business in this district and a substantial part of the acts 

or omissions giving rise to this action occurred in this district.

THE PARTIES

5. Plaintiff Federal Election Commission 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, id. § 30109(a)(1)-(2), and 

 

1 On September 1, 2014, FECA’s provisions were moved from Title 2 of the United States 

Code to the newly created 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.

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to initiate civil actions in the United States district courts to obtain judicial enforcement of the 

Act, id. §§ 30107(e), 30109(a)(6).

6. Defendant David Rivera is a Florida resident and was a United States 

Congressman representing Florida’s 25th Congressional District from January 2011 through 

January 2013. In 2012, Rivera unsuccessfully ran for re-election as the Republican candidate to 

represent Florida’s redrawn 26th Congressional District. Rivera had served multiple terms as a 

Florida state legislator prior to his term as a Congressman. In March 2017, Rivera filed 

paperwork with the Florida Division of Elections as a candidate in 2018 for election to represent 

Florida’s 105th House District.

RELEVANT STATUTORY AND REGULATORY PROVISIONS

7. FECA provides that “[n]o person shall make a contribution in the name of another 

person.” 52 U.S.C. § 30122 (formerly 2 U.S.C. § 441f). The Act defines “contribution” to 

include “any gift, subscription, loan, advance, or deposit of money or anything of value made by 

any person for the purpose of influencing any election for Federal office” or “the payment by any 

person of compensation for the personal services of another person which are rendered to a 

political committee without charge for any purpose.” 52 U.S.C. § 30101(8)(A)(i)-(ii). 

8. Further, no person may “[k]nowingly help or assist” any person in contributing in 

the name of another. 11 C.F.R. § 110.4(b)(1)(iii). A person has knowingly helped or assisted a 

person to contribute in the name of another when he or she has “initiate[d] or instigate[d] or 

ha[d] some significant participation in a plan or scheme to make a contribution in the name of 

another.” Affiliated Committees, Transfers, Prohibited Contributions, Annual Contribution 

Limitations and Earmarked Contributions, 54 Fed. Reg. 34,098, 34,105 (Aug. 17, 1989) 

(Explanation and Justification for 11 C.F.R. § 110.4).

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9. The Act authorizes a United States district court to order a defendant who has 

knowingly and willfully made contributions in the name of another in violation of 52 U.S.C. 

§ 30122 to pay a civil penalty. During the 2011-2012 election cycle, the Act provided that the 

civil penalty for such a violation may not be less than 300% of the contributions involved in the 

violation and may not be more than the greater of $60,000 or 1,000% of the contributions 

involved in the violation. 52 U.S.C. § 30109(a)(6)(C); 11 C.F.R. § 111.24(a)(2)(ii).

10. The Act also authorizes a United States district court to order a defendant who has 

violated FECA, but has not done so knowingly and willfully, to pay a civil penalty. During the 

2012 election cycle, the Act provided that the civil penalty for such a violation shall not exceed 

the greater of $7,500 or an amount equal to any contribution involved in the violation. 52 U.S.C. 

§ 30109(a)(6)(B); 11 C.F.R. § 111.24(a)(1).

11. In addition to imposing civil penalties, FECA authorizes a United States district 

court to “grant a permanent or temporary injunction, restraining order, or other order” against 

any defendant who has violated the Act. 52 U.S.C. § 30109(a)(6)(B).

FACTUAL BACKGROUND

12. David Rivera was a Congressman representing Florida’s 25th Congressional 

District from January 2011 through January 2013. In 2012, Rivera ran for reelection as the 

Republican candidate to represent Florida’s redrawn 26th Congressional District and lost to

Democrat Joe Garcia. Garcia became the Democratic candidate in the 2012 general election 

after defeating three other candidates in the Democratic primary, including Justin Lamar Sternad. 

13. During the Democratic primary, Rivera carried out a scheme to secretly provide 

funds to Sternad’s primary campaign. Between July and August 2012, Sternad and his principal 

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campaign committee (the “Sternad Committee”),2 received the following contributions through 

Rivera’s scheme: 

Approximate Date of 

Contribution

Amount of 

Contribution Form of Payment Payment Recipient

July 14-15, 2012 $2,600 Currency Graphic Designer 

July 23, 2012 $10,000 Currency Expert Printing

July 17-24, 2012 $15,901.35 Currency Rapid Mail

August 2, 2012 $5,000 Currency Expert Printing

August 2-8, 2012 $22,100 Currency Rapid Mail

August 9, 2012 $13,824.85 Check Expert Printing 

and Rapid Mail

Total $69,426.20

14. Rivera initiated his scheme in April 2012, when he met with Ana Sol Alliegro to 

discuss providing financial support to Sternad’s primary campaign. Rivera directed Alliegro to 

approach Sternad with the offer to help fund his campaign. 

15. On or about April 24, 2012, Alliegro spoke with Sternad and offered to provide 

funds for his campaign, to which Sternad agreed. At Rivera’s direction, Alliegro then spent the 

next few months serving as an intermediary transmitting funds to Sternad, the Sternad 

Committee, and the vendors providing services to the Committee.

16. Rivera’s scheme included concealing in-kind contributions to the Sternad 

Committee by delivering payments directly to vendors providing services to the Committee. To 

further his scheme, with Alliegro’s help, Rivera hired vendors for the Sternad Committee that he 

had used for his previous campaigns. This included Inkpressions, Inc., d/b/a Expert Printing & 

Graphics (“Expert Printing”) for designing the flyers, Campaign Data, Inc. for demographics 

research, and Rapid Mail & Computer Services (“Rapid Mail”) for mailing the flyers. 

 

2 On or about July 10, 2012, Sternad re-designated his principal campaign committee from 

“Justin Sternad for Congress” to “Lamar Sternad for Congress.” This complaint refers to both as 

the Sternad Committee. 

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17. Rivera worked with the vendors, separately and with Alliegro, to design and 

distribute materials for the Sternad campaign. Rivera attempted to conceal his involvement in 

the scheme to provide undisclosed funds to the vendors. In one instance, Expert Printing put 

Rivera’s name on an invoice for services it provided to the Sternad Committee. In response, 

Rivera insisted that the vendor not use his name on the invoices.

18. Rivera arranged for at least five of the contributions involved in the scheme to be 

delivered in cash. Some of the funds were hand-delivered by Rivera’s co-conspirator Alliegro, 

and others were delivered in cash to vendors by a courier service, Sunshine State Messenger 

Service. 

19. On or about August 9, 2012, Rivera personally delivered a check in the amount of 

$13,824.85 to Expert Printing as payment for its services to the Sternad Campaign. Evidence 

obtained by the Commission indicates that the check was drawn on an account belonging to the 

Florida Action Network (“FAN”), a non-profit organization that Rivera helped found in early 

April 2012. The check was signed by Ivette Pinto, an individual who served as an aide to 

Rivera’s congressional office. 

20. The same day he delivered the FAN check to Expert Printing, Rivera directed 

Expert Printing to issue a check in the amount of $9,000 payable to Rapid Mail to cover mailing 

costs for the Sternad Campaign. The check was subsequently delivered to Rapid Mail. 

21. In or about July 2012, the owner of Rapid Mail asked Rivera about an outstanding 

payment for services Rapid Mail had performed for the Sternad Committee. Rivera instructed 

the owner to check his company mailbox, where the owner found an envelope containing several 

thousand dollars in cash.

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22. Between May 2012 and August 2012, Sternad signed and mailed multiple

disclosure reports to the FEC as the treasurer of the Sternad Committee. The reports failed to 

accurately disclose the source of the contributions described in paragraphs 13 to 21. Rather, 

upon Alliegro’s instructions, Sternad concealed the source of the contributions by falsely 

reporting them as loans from his personal funds to the Sternad Committee.

23. Sternad was criminally prosecuted for his role in the scheme described in this 

complaint. United States v. Sternad, Case No. 1:13-CR-20108 (S.D. Fla). On March 15, 2013, 

Sternad pled guilty to the criminal charges. 

24. After Sternad’s guilty plea, the Sternad Committee filed amended disclosure 

reports with the Commission, stating that $81,438 in contributions came from “Unknown 

Contributors.” The amended reports included cover letters stating that both Alliegro and Rivera 

were involved in providing funds to Sternad’s campaign. The letters stated that “deposit[s] 

[were] coordinated,” and payments were made directly to vendors, by “Ana Alliegro and/or 

David Rivera.”

25. Alliegro was also criminally prosecuted for her role in the scheme described in 

this complaint. United States v. Alliegro, 14-20102-CR (S.D. Fla.). Court records in that case 

indicate that, during the criminal investigation, Rivera helped Alliegro flee the country, but she 

was arrested in Nicaragua and brought back to Florida. Alliegro pled guilty on August 19, 2014.

26. Rivera made the contributions described in paragraphs 13 to 22 for the purpose of 

influencing the 2012 Democratic primary election for Florida’s 26th Congressional District and 

ultimately enhancing his own prospects in the 2012 general election.

27. Rivera made the contributions described in paragraphs 13 to 22 voluntarily and 

with an awareness that they were unlawful. 

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ADMINISTRATIVE PROCEEDINGS

28. On April 26, 2013, the Commission notified David Rivera that it had received 

information in the normal course of carrying out its supervisory responsibilities indicating that 

Rivera may have violated provisions of the Act. The Commission’s letter provided Rivera with 

factual information known at the time and gave him the opportunity to respond. Rivera did not 

submit a written response.

29. On September 10, 2013, the Commission decided by a vote of 5-0 to find reason 

to believe that Rivera had knowingly and willfully violated 2 U.S.C. § 441f (now 52 U.S.C. 

§ 30122) by making contributions in the name of another to Sternad’s primary campaign. The 

Commission notified Rivera of its reason-to-believe findings in a letter dated September 11, 

2013, which attached the factual and legal analysis supporting the Commission’s determination.

See 52 U.S.C. § 30109(a)(2). 

30. On September 25, 2013, Rivera’s counsel responded to the Commission’s reasonto-believe letter, stating that Rivera denied violating the Act as alleged by the Commission.

31. Following an investigation, the Commission’s General Counsel notified Rivera on 

April 28, 2017 that it was prepared to recommend that the Commission find probable cause to 

believe that Rivera knowingly and willfully violated 52 U.S.C. § 30122 and 11 C.F.R. § 

110.4(b). The General Counsel also provided Rivera with a brief stating its position on the legal 

and factual issues of the matter, and it informed Rivera that he may file a brief stating his 

position on the issues and replying to the General Counsel’s brief. See 52 U.S.C. § 30109(a)(3).

Rivera did not submit a written response.

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32. After reviewing the available information, on June 1, 2017 the Commission voted 

5-0 to find probable cause to believe that Rivera had knowingly and willfully violated 52 U.S.C. 

§ 30122 and 11 C.F.R. § 110.4(b). See 52 U.S.C. § 30109(a)(3).

33. The Commission notified Rivera of its probable cause findings against him by 

letter dated June 2, 2017, which also enclosed a proposed conciliation agreement. The 

Commission then endeavored, for a period of not less than 30 days, to correct the violations 

through informal methods of conference, conciliation, and persuasion. See 52 U.S.C. 

§ 30109(a)(4)(A).

34. After the Commission was unable to secure an acceptable conciliation agreement

with Rivera, on July 11, 2017 the Commission voted 5-0 to authorize filing this civil lawsuit 

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

35. The Commission has satisfied all of the jurisdictional requirements in FECA that 

are prerequisites to filing this action.

FIRST CAUSE OF ACTION

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

37. Defendant David Rivera knowingly and willfully violated 52 U.S.C. § 30122 and 

11 C.F.R. § 110.4(b)(1)(iii) by making contributions in the name of another when he caused, 

directed, and assisted in the making of contributions in the name of others to Justin Lamar 

Sternad’s 2012 primary campaign in Florida’s 26th U.S. Congressional District.

PRAYER FOR RELIEF

WHEREFORE, plaintiff Federal Election Commission prays that this Court:

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A. Declare that defendant David Rivera knowingly and willfully violated 52 U.S.C. 

§ 30122 and 11 C.F.R. § 110.4(b)(1)(iii) by making more than $69,000 in contributions in the 

names of others;

B. Permanently enjoin defendant David Rivera from making contributions in the 

names of others to federal candidates;

C. Assess an appropriate civil penalty against defendant David Rivera for each 

violation that he is found to have committed:

1. for each knowing and willful violation of 52 U.S.C. § 30122, a civil 

penalty that is not less than 300% of the amount involved in the violation and is not more than 

the greater of $60,000 or 1,000% of the amount involved in the violation, see 52 U.S.C. § 

30109(a)(6)(C), 11 C.F.R. § 111.24(a)(2)(ii) (2010); here, the Commission requests 700%, or

$486,000; and

2. for each violation of 52 U.S.C. § 30122 that the Court may find to be not 

knowing and willful, a civil penalty not to exceed the greater of $7,500 or the amount of any 

contributions or expenditures involved, see 52 U.S.C. § 30109(a)(6)(B), 11 C.F.R. § 111.24(a)(1)

(2010).

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

E. Grant plaintiff Federal Election such other relief as may be appropriate.

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Respectfully submitted,

Lisa J. Stevenson 

Acting General Counsel

lstevenson@fec.gov

Kevin Deeley

Associate General Counsel

kdeeley@fec.gov

Harry J. Summers 

Assistant General Counsel

hsummers@fec.gov

/s/ Sana Chaudhry 

Sana Chaudhry 

Attorney

schaudhry@fec.gov

FOR THE PLAINTIFF

FEDERAL ELECTION COMMISSION

999 E Street, N.W.

Washington, D.C. 20463

(202) 694-1650

July 14, 2017

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