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      FEC Record: Litigation
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      FEC v. Johnson, Case 2:15-cv-00439 (D. Utah, 6/19/2015) (New)

FEC Record: Litigation*FEC v. Johnson*, Case 2:15-cv-00439 (D. Utah, 6/19/2015) (New)July 1, 2015 On June 19, 2015, the Commission filed suit against Utah  businessman Jeremy Johnson alleging that he knowingly and willfully violated  the Federal Election Campaign Act (the Act) by using straw donors to exceed the  contribution limits. The FEC seeks declaratory and injunctive relief, as well  as appropriate civil penalties against Mr. Johnson. **Background** The Commission's complaint alleges that during the 2009-2010  election cycle, Jeremy Johnson made contributions to three federal candidates  that exceeded applicable limits and were made in the names of other persons.  Over the course of the election cycle, Johnson contributed through straw donors  approximately $100,000 to Mark Shurtleff's United States Senate campaign, about  $50,000 to Mike Lee's Senate campaign, and about $20,000 to then-Senate  Majority Leader Harry Reid's re-election campaign. In the process, he advanced or  reimbursed approximately $170,000 to the straw donors he recruited to contribute  to the campaigns. In 2009, Johnson met with John Swallow, Utah's Chief Deputy  Attorney General and a fundraiser for the Shurtleff campaign. Johnson offered  to write a check for Shurtleff's campaign in an amount that would exceed the  Act's limits. Mr. Swallow explained the statutory contribution limit that  applied to federal campaigns. Johnson then entered into arrangements or  understandings with friends, family members, and business associates that they  would contribute funds to Shurtleff's campaign and that he would supply them  with the funds for those contributions, which collectively amounted to  approximately $100,000. In 2010, Johnson used a similar arrangement to contribute  approximately $50,000 to Mike Lee's Senate campaign, and approximately $20,000  to Reid's campaign. Johnson made these contributions voluntarily and with an  awareness that they were unlawful. **Administrative  complaint** The Act and Commission regulations limit the amount  individuals can contribute to federal candidates and further state that “no  person shall make a contribution in the name of another person,” nor may any  person “knowingly help or assist” any person in making a contribution in the  name of another. 52 U.S.C. §§ 30116(a)(1)(A) and 30122, 11 CFR 110.1(b)  and 110.4(b)(iii). During the 2009-10 election cycle, the limit on an  individual's contributions to a federal candidate was $2,400 per election. On June 30, 2014, the Commission received an administrative  complaint alleging, among other things, that Johnson used the names of others  to contribute $50,000 to the Lee Senate campaign. The complaint provided the  names of straw donors as well as the details of Mr. Swallow's discussions with  Johnson. After investigation, the FEC found reason to believe that Johnson had knowingly  and willfully violated 52 U.S.C. § 30116(a)(1)(A) and §  30122 by making excessive contributions in the names of others. The FEC notified Mr. Johnson of its findings and endeavored  to correct his violations through informal methods of conference, conciliation,  and persuasion. Unable to secure an acceptable conciliation agreement, the FEC  authorized filing suit against Johnson. The Commission seeks a declaration that  Johnson's contributions were violations of 52 U.S.C. § 30116(a)(1)(A) and § 30122.  The FEC further seeks a permanent injunction against similar future violations  by Mr. Johnson, and appropriate civil penalties. **Resources:** *FEC v. Johnson*litigation page
 Author
          Christopher BergCommunications Specialist


Read next: Pending AORs as of June 30, 2015
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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