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OFFICE of GENERAL COUNSEL the Arizona Sports Foundation (Dba "The Fiesta Bowl") John H

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OFFICE of GENERAL COUNSEL the Arizona Sports Foundation (Dba RECiljVED FEDERAL ELECTION COMMISSION FEDERAL ELECTION COMMISSION 2011 APR-5 AH 11:1,5 In the matter of: OFFICE OF GENERAL COUNSEL The Arizona Sports Foundation (dba "the Fiesta Bowl") John H. Junker Susan Junker Natalie Aguilar Wisneski Richard Wisneski Anthony Aguilar Jay Fields MURNo. Jamie Fields Shawn Schoeffler Peggy Eyanson . LeeEyanson Mary McGlynn Monica Simental Scot Asher COMPLAINT 1. Citizens for Re^onsibility and Ethics in Washington ("CREW") and Melanie Sloan bring this complaint before the Federal Election Commission ("FEC") seeking an immediate investig^on and enforcement action against the Arizona Sports Foundation (dba "the Fiesta Bowl"). John H. Junker, Susan Junker, Natalie Aguilar Wisneski, Richard Wisneski, Anthony Aguilar, Jay Fields, Jamie Fields, Shawn Schoeffler, Peggy Eyanson, Lee Eyanson, Mary McGlynn, Modica Simental and Scot Asher for direct and serious violations of die Feder^ Election Campaign Act ("FECA"). Complainants 2. Complainant CREW is a non-profit corporation, organized under section S01(c)(3) of the Internal Revenue Code. CREW is committed to protecting the rigjht of citizens to be informed about the activities of government officials and to ensuring the integrity of GENBUS/797504.1 government officials. CREW is dedicated to empowering citizens to have an influential voice in government decisions and in the governmental decision-making process. CREW uses a combination of research, litigation, and advocacy to advance its mission. 3. In furtherance of ite mission, CREW seeks to expose unethical arid illegal conduct of those involved in government. One way CREW does this is by educating citizens regarding the integrity of the electoral process and our system of government Toward this end, CREW monitors the campaign finance activities of those who run for federal office and publicizes fimse I who violate federal campaign finance laws. Through its website, press releases and other methods of distributioh, CREW also files complaints with the FEC wlien it discovers violations 8 of the FECA. Publicizing campaign finance violators and filing complaints with the FEC serves 4 CREW'S mission of keeping the public informed about individuals and entities that violate campaign finance laws and deterring future violations of campaign finance law. 4. In order to assess whether an individual, candidate, political committee or other regulated entity is complying with federal campaign finance law, CREW needs the information contained in receipts and disbursements reports that political committees must file pursuant to the FECA, 2 U.S.C. § 434(a)(2); 11 C.F.R. § 104.1. CREW is hindered in its programmatic activity when an individual, candidate, political committee or other regulated enthy Ms to disclose campaign finance information in reports of receipts and disbursements requiied by the FECA. 5. CREW relies on the FEC's proper administration of the FECA's repotting requirements because the FECA-mandated reports of receipts and disbursements are the only source of information CREW can use to determine if a candidate, political committee or other regulated entity is complying wift the FECA. The proper administration of the FECA's GENBUS/797S04.I reporting requirements includes mandating that all rq)orts of receipts and disbursements required by the FECA are properly and timely iSled with the FEC. CREW is hindered in its programmatic activity when the fails to properly administer the FECA's reporting requirements. 6. Complainant Melanie Sloan is the executive director of Citizens for Responsibility iuid Ethics in Washington, a citizen of the United States and a registered voter and resident of the District of Columbia. As a registered voter, Ms. Sloan is entitled to receive information contained in reports of receipts and disbursements required by the FECA, 2 U.S.C. § 434(a)(2); 11 C.F Jl. § 104.1. Ms. Sloan is harmed whtin a candidate, political committee or other regulated entity fails to report campaign finance activity as required by the FECA. See FEC v. Akins. 524 U.S. 11,19 (1998), Quoting Bucklev v. Valeo. 424 U.S. 1,66-67 (1976) (political committees must disclose contributors and disbursements to help voters understand who provides which candidates with financial support). Ms. Sloan is further harmed when the FEC &ils to properly administer the FECA's reporting requirements, limiting her ability to review campaign finance information. 7. The Arizona Sports Foundation (dba "the Fiesta Bowl") is a 501 (c)(3) organization with its principal place of business in Arizona. 8. John H. Junker is the fonner President and Chief Executive Officer of the Fiesta Bowl. Susan Junker is the spouse of John H. Junlcer. 9. Natalie Aguilar Wisneski is the former Chief Operatii^ Officer of the Fiesta Bowl. Richard Wisneski is the spouse of Natalie Aguilar Wisneski. Anthony Aguilar is the former Director of Community and Corporate Relations for the Fiesta Bowl and the brother of Natalie Aguilar Wisneski. GENBUS/797504.1 10. Jay Fields is the fonner Senior Vice President of Mailceting for the Fiesta Bowl. Jamie Fields is the spouse of Jay Fields. 11. Shawn SchoefSer is the fonner Vice President of Media Relations for the Fiesta Bowl. 12. Peggy Eyanson is the former Director of Business Operations for the Fiesta Bowl. Lee Eyanson is the spouse of Peggy Eyanson. 13. Mary McGlynn is the former Director of Ticket Operations for the Fiesta Bowl. 14. Monica Simental is tlie former Executive Assistant to Natalie Aguilar Wisneski. 15. Scot Asher was a former voluateer at the Fiesta Bowl. Factual Allegations 16. On October 8,2010, the Board ofDirectoisofthe Fiesta Bowl authorized a Special Committee of the Board of Directors to conduct an investigation of allegations that the Fiesta Bowl had reimbursed employees for campaign contributions made to Arizona politicians. The Special Committee retained the iBrm of Robins, Kaplan, Miller & Ciresi LLP to conduct the investigation. On March 21,2011, after a comprehensive investigation, Robins, Kaplan Miller & Ciresi LLP released its Final Report to the Special Committee of the Board of Directors of the Fiesta Bowl (attached as Exhibit A). The Final Report concluded that, under the direction of President and Chief Executive Officer John H. Junker, the Fiesta Bowl had used coipoiate funds to reimburse twenty-one individuals for at least $46,539 in campaign contrihutions tD Arizona politicians since 2000. See Exhibit A at 25-67. 17. The Final Report demonstrated that a majority of these contributions ($28,500) had been made to federal candidates and committees since January 1,2006. Specifically, the Final Report found evidence that the Fiesta Bowl, under the direction of President and Chief GENBUS/797504.1 Executive OfGcer John H. Junker, had used corporate funds to reimburse thirteen individuals for the following campaign contributions to federal candidates and committee since January 1,2006: Name Date Recipient John H. Junker 4/28/06 $1,000 Straight Talk America John H. Junker 3/8/07 $2,100 John McCain John H. Junker 6/30/09 $1,000 John McCain Susan Junker 6/16/06 $500 Jon Kyi Susan Junker 10/18/06 $1,500 J.D. Hayworth Susan Junker 3/8/07 $2,100 John McCain Natalie Aguilar Wisneski 4/28/06 $1,000 Straight Talk America Natalie Aguilar Wisneski 3/8/07 $2,100 John McCain Natalie Aguilar Wisneski 6/30/09 $1,000 John McCain Richard Wisneski 3/8/07 $2,100 John McCain Anthony Aguilar 2/23/06 $500 Jon Kyi Anthony Aguilar 5/3/06 $250 John Shadegg Jay Fields 10/18/06 $600 J.D. Hayworth Jay Fields 3/28/08 $1,000 John McCain Jamie Fields 4/28/06 $1,000 Straight Talk America Shawn SchoefQer 10/18/06 $600 J.D. Hayworth Shawn SchoefQer 3/28/08 $1,000 John McCain Shawn SchoefQer 6/30/09 $1,000 John McCain Peggy Eyanson 6/16/06 $1,500 Jon Kyi Peggy Eyanson 10/18/06 $1,250 J.D. Hayworth GENBUSn97504.1 LeeEyanson 5/6/06 $500 John Shadegg Lee Eyanson 3/28/08 $1,000 John McCain May McGlynn 4/28/06 $1,000 Straight Talk America Monica Simental 10/18/06 $300 J.D. Hayworth Monica Simental 3/8/07 $2,100 John McCain Scot Asher 2/23/06 $500 Jon Kyi Id. I 18. The Final Report also found that the Fiesta Bowl used corporate resources and facilities to host iundraising events for federal candidates and committees. Specifically, the Final Report found that Fiesta Bowl employees organized fimdraising events for federal candidates and committees at the Fiesta Bowl Museum, coordinated invitation lists, set up the Museum, attended and helped out during the events, and provided contributions that were later reimbursed by the Fiesta Bowl. See Exhibit A at 183-186. 19. The Final Report found that the Fiesta Bowl used corporate resources and facilities to host a fimdraising event for Rep. J.D. Hayworth (R-AZ) on or about October 18, 2006. ^Exhibit A at 185-186. On information and belief, the Fiesta Bowl also used corporate resources to organize a fimdraising events for Straight Talk America on or about April 28,2006 and two fimdraising events for Senator John McCaiii (R-AZ) on or about March 8,2007 and March 28,2008. See Exhibit A at 185, n. 974. COUNTI 20. FECA and FEC regulations prohibit the making of a contribution in the name of a person other than the true source of the contribution. 2 U.S.C. § 441f; 11 C.FJI. § 110.4(b)(l)(i). GENBUS/797504.I 21. By reimbursing employees for contributions made to federal candidates and committees, the respondents violated 2 U.S.C. § 441f and 11 C.F.R. § 110.4(b)(l)(i). COUNTU 22. FECA and FEC regulations prohibit corporations from making contributions in connection with any federal election.
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