Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Litigation
- ›
      Combat Veterans for Congress PAC v. FEC (District court)

FEC Record: Litigation*Combat Veterans for Congress PAC v. FEC* (District court)November 5, 2013 On September 30, 2013, the U.S. District Court for the District of Columbia granted the FEC’s Motion for Summary Judgment in *Combat Veterans for Congress  PAC v. FEC*.  **Background** Combat Veterans for Congress PAC (“CVCP”) is a nonconnected federal PAC. On October 19, 2009, CVCP registered with the FEC and named Michael Curry as both Treasurer and Custodian of Records.  Around the time of the 2010 general election, CVCP submitted three reports to the FEC after the filing deadlines. As a result, the Commission began administrative enforcement proceedings against CVCP and found reason to believe that CVCP and its treasurer,
    in his official capacity, violated 2 U.S.C. § 434(a) by failing to file the reports on time. The Commission proposed fines totaling $8,690 for the violations. Captain Joseph John, Chairman of CVCP, challenged the Commission’s findings by asserting that the conduct of Mr. Curry, who had since resigned as treasurer, made it impossible for CVCP to file its reports on time. CVCP also argued that the penalties should
    not be imposed because Mr. Curry was solely liable in his personal capacity for the conduct that resulted in the fines.  The Commission confirmed the penalties against CVCP and its successor treasurer David Wiggs, in his official capacity, in
    a Final Determination dated October 27, 2011. CVCP and Mr.Wiggs filed a Petition for Review with the district court on December 7, 2011 arguing, among other things, that Mr. Curry was solely liable in his personal capacity for failing to file the reports on time; that the Commission’s failure to
    mitigate the penalties was an abuse of discretion; that the regulations limiting the acceptable excuses for failure to file a report are unnecessarily narrow; and that the Commission failed to provide CVCP an in-person hearing.  **Court decision** In rejecting CVCP’s first argument, the court found no evidence that Congress intended to impose liability on treasurers in their personal capacity to the exclusion of committees and treasurers in their official capacity. The court noted that the clear
    text of the Federal Election Campaign Act (the “Act”) and Commission regulations require political committees *and* treasurers to file periodic reports of receipts and disbursements. See 2 U.S.C. §434(a)(1)
    and (4); 11 CFR 104.5(c). The court also noted the Commission’s policy and practice is to name as respondents in enforcement matters the political committee and its current treasurer, in his or her official capacity as treasurer and agent of the committee.
    Although the Commission could find a treasurer personally liable due to willful or reckless acts, the court concluded that FECA would not prohibit simultaneous liability for committees and treasurers in their official capacity.  The court also deferred to the FEC’s decision not to prosecute Mr. Curry in his personal capacity citing the Commission’s considerable prosecutorial discretion and no evidence that the Commission abused its discretion. The court noted that the case before
    it was not the proper vehicle for CVCP to challenge the Commission’s failure to take action against Mr. Curry because such challenges were available only under 2 U.S.C. § 437g(a)(8)(A). But even if such a challenge were proper here, the FEC held broad
    discretionary power in deciding whether to investigate and pursue a claim under the Act. The court also rejected CVCP’s arguments that the FEC failed to mitigate the CVCP fines, finding the fines compliant with statutory guidelines, and similarly
    rejected CVCP’s argument that the FEC’s best efforts regulations are arbitrary and capricious. Finally, the court rejected CVCP’s various claims of Constitutional violations, finding them undeveloped and unsupported. It also rejected CVCP’s claim that it was unlawful for the Commission to decline to grant an in-person hearing, finding that the
    phrase “opportunity to be heard” can be interpreted to include not merely oral, but written advocacy, and that a decision regarding the need for an in-person hearing is properly left to the agency. Date issued: 9/30/2013; 30 pages
     U.S. District Court for the District of Columbia: Case 11-2168 (CKK) **Resources:** District Court opinion (9/30/2013) [PDF]
    *Combat Veterans for Congress PAC v. FEC*litigation page
    Statement of Policy (1/30/2005): Naming treasurers in enforcement matters [PDF]
    Administrative Fine program
 Author
          Zainab  SmithCommunications Specialist


Read next: Updated program for requesting consideration of legal questions by the Commission (2013)
 Related: Explore campaign finance data »


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.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms