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OFFICE of Gfnfpal COUNSEL COMiMlSSION Kevin P. LeMaire Ptairieville, LA 70769 ' OFFICE OF GfNFPAl COUNSEL December 7,2011 Office of General Counsel Federal Election Commission 999 E Street, N.W. Washington, DC 20463 Re: Enclosed S^m Complaint MUR^. Calvin C. Fayard, Jr. Cynthia Fayard Chalyn Fayard Carolyn Mistoler Dear Ma'am/Sir: Enclosed please find my Sworn CQnq)Iaint regarding tfae individuals referenced above. Should you find this matter wanants investigation, please take into consideration that Calvin Fayard, Jr., his law firm of Fayard & Honeycutt, and Ids law partner, D. Blayne Honeycutt, made campaign contributions to the US Attorney for tfae Middle District of Louisiana, Donald Cazayoux, in 2008 when Mr. Cazayoux was seeking a congressional seat In order to avoid even tfae ayppearance of impropriety, it may be prudent to have a different office conduct the investigation. Thank you for your attention to this matter. Respectfully, Kevin LeMaire Enclosures FEHERAL ELECTION COMHISSION SWORN COMPLAINT 20IIOEC2I AHII: 28 STATE OF LOUISIANA OFFICE OF GENERAl PARISH OF EAST BATON COUNSEL BEFORE ME, the undersigned autfaonty, personally came and appeared, KEVINP.LeMAIRE />, <^/^ CComplainant**) herein, who, after being duly sworn, did dqxise and state: Complainant resides at , PrairieviUe, Louisiana.. Complainant's telephone number is Complainant submits tfais Swom Complaint base^ upon fais personal knowledge, fais oral and written communications with others, documents attached as exhibits, and tfae existence of documentary evidence in fhe possession of otfaers. For tfae reasons that follow. Complainant reasonably believes violations of tfae Federal Election Campaign Laws or Commission Regulations faave been committed by: 1. Calvin C. Fayard, Jr. wfao presently resides at. New Orleans, Louisiana; 2. Cynthia Fayard, wfao lists faer addresses as'. Wilson, Wyoming and Post Office Box 968, Denfaam Springs, Louisiani^ and, 3. Chalyn Fayard who lists her address as Post Office Box 968, Denfaam Springs, Louisiana; Complainant also reasonably believes tfaat Carolyn A. Mistoler (hereafter "MistoleiO* wfao once resided at . Hammond, Louisiana, but may now reside at Walker, LA 7078S I knowingly and willfully. assisted tfae Fayards with the acts described faereui. At various material and relevant times herem. Page lof 4 Mistoler was the personal and business bookkeeper and office manager for Calvin Fayard and the law firms known as Calvin C. Fayard, Jr., APC; Fayard & Fayard Law Fum; and Fayard & Honeycutt, APC, and in such capacity, conducted or participated in tfae conduct oftfae affairs of tfae firms. Mistoler is also identified as tfae manager of several Louisiana limited liability companies. Complainant was employed as a paralegal by Fayard in tfae law offices of Fayard & Honeycutt, APC, and Calvin Fayard, Jr., APC fiom January 3, 1996 tfarough November 13, 2003. Complainant assisted Mistoler and other Fayard staff prepaie for political fund raisers held by Fayard for candidates seeking or holding national and state offices. The violations suspected by Complainant involve a $10,000 contribution made on October 26, 2010 in tfae name of Chalyn Fayard to the Democratic State Central Committee of Louisiana ("DSCCLA**) wfaile tfae actual source of tfae funds used for Cfaalyn Fayard's contribution was Calvin Fayard and/or Cyntfaia Fayard. Exhibit 1, Schedule A (FEC Form 3JQ. Accordmg to Louisiana campaign finance reports filed by tfae Louisiana DEMOPAC ("tfae DEMOPAC"), contributions in tfae name of Cfaalyn Fayard were also made to tfae DEMOPAC in October 2011. On or about October 19, 2010, a contribution in tfae amount of $50,000 was made in the name of Chalyn Fayazd. Exhibit 2, Camadnee's S^cud Report No. 22495, with Schedule A. On October 28,2010, another contribution, this time in tfae amonm of $30,000, was made m the name of Chalyn Fayard. E^ibit 3, Committee *s Specitd Report No. 22496, with Schedule A. Chalyn Fayard, as well as Calvin Fayard, Cynthia Fayard and otfaer Fayard fiunily membera and fiiends, are being investigated by tfae Louisiana Board of Etfaics for possible violations of the Louisiana Campaign Finance Disclosure Act, including possible violations of Page 2 of4 making contributions tfarough or in the name of another wfaicfa were used to support Caroline Fayard, a candidate for Lieutenant Govemor in the October 2,2010 election. Exhibit 4, June 16, 2011 Certificates of Vote and Explanatioih Docket No. 2011-140. Complainant attests that fae obtained the documents attacfaed hereto as Exhibit 4 fiom the public suit record of Louisiana Democrats fikfa DEMOPAC, et aL v. The Louisiana Board of Ethics, et al., civil action number 603,810 in the 19"* Judicial District Court for the Parish of East Baton Rouge, Louisiana. Mrs. Kathleen Allen, Esq. and Mr. Aaron Brooks, Esq. (1-800-842-6630) are managing the investigptmn and related litigation for tfae Louisiana Board of Ethics. HI ^ Based upon infiuxnation and belief. Complainant reasonably believes tfae contributions to Q the DSCCLA by Cfaalyn Fayard in 2010 were impermissibly funded by Calvin C. Fayard, Jr. HI and/or Cynthia Fayard, directly or through anotfaer entity or uidividual actii^ at tfaeir dusction, instmction, permission and/or autfaority. Complainant reasonably believes tfaat a transfer of funds was made into an account bearing tfae name of Cfaalyn Fayard finm accounts controlled by Calvin C. Fayard, Jr. and/or Cyntfaia Fayard, directly or tfarough anotfaer entity or individual acting pursuant to tfaeir direction, instruction, permission and/or authority. According to her own writings and personal infomiation published on the Internet, Cfaalyn Fayard was unemployed in 2010 and several years prior as sfae was atteudmg veterinary scfaool in Glasgow, Scotland, UK. Sfae graduated finm veterinary scfaool in or about August 2011 and is still seeking employment Attacfaed as Exhibit S are copies of several 2011 Twitter messages fix>m Chalyn Fayard publicly available througfa a name searcfa on Google. In tfaose "tweets", Cfaalyn Fayard repeatedly indicates sfae is unemployed througfaout 2011. Twitter messages by Cfaalyn Fayard Page 3 of 4 fiom 2010 also publicly available on Google indicate she was outside tfae United States at the tune of the contributions made in her name to the DSCCLA. ^ Compkiinant reasonably believes tfaat Caroline A. Mistoler faas knowledge and infonnation regarding tfae identity of tfae actual source of tfae fimds contributed to tfae DSCCLA in 2010 in tfae names of Chalyn Fayard, Calvin C. Fayard, Jr., and Cynthia F. Fayard, including knowledge and infonnation regarding the existence, identity and location of corroborating ^ written and electronic documents and records. ^ Complainant also reasonably believes tfaat Caroline A. Mistoler faas knowledge and HI information regarding the identity of tfae actual touroe(s) of tfae fimds contributed to the DSCCLA in 2010 in tfae names of Catfaryn Caroline Fayard, Calvin C. Fayard, m, D. Blayne O ^ Honeycutt, Valerie Honeycutt, and Francis Gray Fayard. FURTHER COMPLAINANT S A YETH NAUGHT. Kevin LeMaire Swom to and subscribed before me this day of December, 2011. BairRcAlNo. Page 4 of 4 FOR UNE NUMBER: PAGE 8/1009 SCHEDULE A (FEC Form 3X) Use separate schedule(s) (check only one) ITEMIZED RECEIPTS fiv 6Bch cflteyy ^ 1^ iia n lib n 11c n 12 DstaHed Summfeiy Paso H13 rii4 riis Iiie ni7 Any Infumiidlon ocpiBd hon such Reports snd SMtaiiowfei nwy no! be sold cf used hy any petson fcf the puipoee ci tdUUn^ ooiiMjUtfons Of formnwioitiil puiposaBi itfiw Mii usinQ Ihe name and adtfcsss ol any poBBcal COIIWIIUBB ID scBdi cut toiBows frooi euch ooiiiniiBoB. NAME OF GOMMmEE (In Rd) DEMOCRATIC STATE CENTRAL COMMITTEE OF LA Rd Name (LBSt.-Rrst. Middle InWal) CaMnCFayawl.Jr. Date of Reoeipt POBOXII8O I I V t V » V I V I 91 1 i cay Z^Code TraneeeaonlD: C6371525 Denham Snrinns LA Amount of Each Rem^il this Period FEG ID nunber of conbRiulIng 10000.00 leoBrai poDQcai oonaninae. JU-JL I I > Name of Employer OuBniaBon Sdf Attorney ReoaHHFor 2010 AflBraBateYeer4D4)8lB • Primary • General r I 'I 10000.00 Q Othsr (specHy) T I I I I I Fid Name (Laat. Rrst, MUdto MBaO Cslhiyii rayiBd DateofReodpl MMinoAddress POBox 13731 / I BB >> Bff'l I ff IV»V*V<VI I 2el I . 20IX) I CHy Z^Oode ID: G63B7612 NawfOriaang LA Toias Amount of Eech Reoe^ Uris Period I I I ' I I » t FECID number of oonUbuHng 10000.00 tedsral poMcsl oommMee. III I .1.1 III I I I I 1 I I Nmn^ Employer Homemaker RecelxFtar. aOlO AggraBSte Yeer-lo43ale • n Primaiy • General 10000.00 [XJ Olher (epecHMv J. •i I Rd Name (Last. Fbst. MMdto lidtaQ Chalyii Fejfswl DateofRsos^ Maffing Address P OBox-968 nrrani nmni i v > v • v • v i MP I I 26l I .2D1JP I cay ZpCods iD: C6387617 Danham SnrinoB •LA 70727 -Amount of Each Reoe^tMs Period I' 1 I I I I FEG ID iwinbsr of oonMMhg t • • r 10000.00 fodoral poBBod oomrwiBoB IIIIII I I "h^ine of Employer ^OooupdSon Student Student Reoe^Por. 2010 AyyivyMe Yev-lD^MB • Primary Q General attwr(epecilM^ 10000.00 a I ll. SUBTOTAL si Receip Thb PaoB (opHonal), 30000i)0 TOTAL THs Period (tast pege INs flne number only). FecSehadutoA< FamiaX) (pis«toed0»2i»9 COMMITTEE'S SPECIAL REPORT (Bled by oonwlMees that support or oppose one or wore csndlJBlBs andtof piopoeilions and that aie not cmdldalB This Ibmi is filed during the 20 day period immediately preceding an election to report (1) al receipte ftom a aingto souioe in < of $1,000 by oommiltees supputtingtopposing mejor qlBoe candidates; In exoess of $500 by oemmiltoes sepporiing/bpposing district office candaUtes; er, ineaoess of $250by eonmttees suppodingtopposing eny edier offioe candidalBS, aodte (2) any payments esoeediBg S200 to any peiBcin who endoiees oondidBtBe end<who is raQuind In fBe cempiign finance dtodosan reporte. Aif otminfltees wAo ite¥e ited ery auoh CnmsscObris MfA^ etocltaw are reQBB'edte report ary sucft taneaeftan on tfito Arm within 48 houn of Ihe Itev Ibe Iraaeaclion oeu 1.
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