FEDERAL ELECTION COMMISSION — m In the matter of: ^ ^i'^m Robert E. Andrews cjjp I;-r-< Rob Andrews U.S. House Committee and MUR No. r-5 =f S?o>^ Maureen Doherty, in her official r-l — — :H :"3 o capacity as treasurer > ^ MOR# COMPLAINT 00 Q 1. Citizens for Responsibility and Ethics in Washington C'CREW*) and Melanie m Kl Sloan bring this complaint before the FedemI Election Commission (*'FEC'*) seeking an ^ immediate investigation and enforcement action against Robert E. Andrews, his principal ^ campaign committee, the Rob Andrews U.S. House Committee, and Maureen Doherty, in her • official capacity as treasurer, fbr direct and serious violations of the Federal Election Campaign ActCTECA''). Complainants 2. Complainant CREW is. a non-profit corporation, organized under section SO 1(c)(3) of the Intemal Revenue Code. CREW is committed to protecting the right of citizens to be informed about the activities of government officials and to ensuring the integrity of govemment officials. CREW is dedicated tp empowering citizens to have an influential voice in government decisions and in t)ie governmental decision-making process. CREW uses a combination of research, litigation, and advocacy to advance its mission. 3. In furtherance of its mission, CREW seeks to expose unethical and illegal conduct of those involved in govemment. One way CREW does this is by educating citizens regarding the integrity of the electoral process and our system of govemment Toward this end, CREW monitors the campaign finance activities of those who run for federal office and publicizes those who violate federal campaign finance laws. Through its website, press releases and other methods of distribution, CREW also files complaints with the FEC when it discovers violations of the FECA. Publicizing campaign finance violators and filing complaints with the FEC serves 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 lundered in its programmatic activity when an individual, candidate, political committee or other regulated entity fiuls to disclose campaign finance information in reports of receipts and disbursements required by the FECA. 5. CREW relies on the FEC's proper administration of the FECA's reporting 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 with the FECA. The proper administration of the FECA's reporting requirements includes mandating that all reports of receipts and disbursements required by the FECA are properly and timely filed with the .FEC. CREW is hindered in its programmatic activity when the FEC fails to properly administer the FECA's reporting requirements. 6. Complainant Melanie Sloan is the executive director of Citizens for Responsibility and 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 infbrmation contained in reports of receipts and disbursements required by the FECA, 2 U.S.C. § 434(a)(2); 11 CF.R. § 104.1. Ms. Sloan is harmed when a candidate, political conunittee or other regulated entity fails to report campaign finance activity as required by the FECA. See FECv.Aldns,524U.S. 11,19 (199S), quotmg Buckley v. ^a/eo, 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. Respondents 7. Robert E. Andrews is the United States Representative for the First Congressional District of New Jersey. 8. The Rob Andrews U.S. House Committee is the principal campaign committee of Robert E. Andrews. Maureen Doherty is the treasurer of the Rob Andrews U.S. House Committee. Fnfttiml Allegations 9. In MUR 6140, the FEC found that Robert E. Andrews, his principal campaign conunittee, then known as the Andrews for Congress Conunittee, and Maureen Doherty, in her official capacity as treasurer ofthe conunittee, had violated the prohibition on converting campaign funds to personal use contained in 2 U.S.C. § 439a(b) by using $954 in campaign funds to purchase personal elothing for Robert E. Andrews. The FEC specifically directed Robert E. Andrews, his principal campaign committee and Maureen Doherty, in her official capacity as treasurer, to "take steps to ensure that this activity does not occur in the future." MUR 6140, Notifications with Factual and Legal Analysis to the Honorable Robert E. Andrews and Maureen Doherty, Treasurer, Andrews for Congress Committee at 1 (July 14,2009) (attached hereto as Exhibit A). 10. On November 20,2011, the Newark Star Ledger reported that Rep. Andrews' campaign conunittee had spent over $9,000 in campaign funds to pay for Rep. Andrews, his wife and their two teenage daughters to attend a wedding in Edinburgh, Scotland during the summer of 2011. See Matt Friedman. South Jersey congressman spent $9.000 &om campaign funds on donor's wedding. Newark Star Ledger (Nov. 20,2011) (attached hereto as Exhibit B). The Star Ledger reported that the Rob Andrews for U.S. House Committee spent $7,725 for two rooms for three nights atthe five-star Balmoral Hotel for Rep. Andrews, his wife and their daughters. Id The paper also reported that the campaign conunittee spent an additional $953 on meals, tips and airline baggage fees for the Andrews fiimily during their stay in Edinburgh. Id See also Rob Andrews U.S. House Committee, 2011 October 15th (Quarterly Report at 115,117,118, 135,137 & 143 (attached hereto as Exhibit C). The campaign conmiittee even paid $88 for newspapers for the Andrews fiunily to read while in Edinburg. See Exhibit C at 139. In addition, the Star Ledger reported that the campaign conunittee also paid $463 to Bloomingdales for a wedding gift for the bride and groom. See Exhibh B. See also Rob Andrews U.S. House Committee, 2011 July 15tfa Quarterly Report at 130 (attached hereto as Exhibit D). 11. The Star Ledger also reported that in Jane 2011, the Rob Andrews for U.S. House Committee paid more than $10,000 to pay for a party held at Rep. Andrews' home in Haddon Heights, New Jersey "as a celebration both of his 20 years in the House and his daughter Jacqueline's graduation from the Baldwin School, a prep school on Philadelphia's Main Lme." See Exhibit B. See also Exhibit D at 62,139. 12. The Star Ledger reported that the Rob Andrews for U.S. Conunittee spent tens of thousands of dollars in campaign funds to subsidize **the fledgling career of his daughter Josie, an aspiring actress and pop singer." See Exhibit B. "In February, Andrews' campaign made a $12,500 donation to the Walnut Street Theater in Philadelphia for its gala. Andrews' [daughter] Josie is listed on the theater's website as a performer in the gala, which was held in May. Andrews even expensed $15 for parking there to his campaign account." Id. See also Rob Andrews for U.S. House Conunittee, 2011 April 15th Quarterly Report at 132 (attached hereto as Exhibit E); Exhibit D at 125. The paper reported that "[tjhere are several more examples of Andrews donating thousands [of dollars in campaign funds] to theaters within months of his daughter performing, a role in one of their productions...." See Exhibit B. See also Exhibit E at 114,115 & 131. 13. Finally, the Star Ledger reported that Rep. Andrews also admitted using campaign funds to pay for his daughter Josie to travel to Los Angeles for "auditions and other activities related to her show business career." See Exhibit B. The Rob Andrews for U.S. Congress Conmiittee's 2011 July 15th (Quarterly Report discloses thousands of dollars in campaign expenditures to pay for hotel rooms at the Beverly Hills Plaza Hotel and for the use of limousines while in Beverly Hills. See Exhibit D at 75,76,149,182 & 183. COUNT I 14. FECA specifically prohibits a candidate for federal office from using campaign funds to pay the personal obligations of the candidate. The Act states that "a contribution or donation... shall not be converted by any person to personal use." 2 U.S.C. § 439a(b)(l). The Act further specifies that "a contribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office, including... a vacation or other noncampaign- related trip." 2 U.S.C. § 439a(b)(2)(A). See also 11 C.F.R. § 113.1(g)(lXi)(J). 15. By using campaign funds to pay for Rep. Andrews, his wife and their two daughters to attend a wedding in Edinburgh, Scotland, Robert E. Andrews, the Rob Andrews for U.S. House Committee, and Maureen Doherty, in her official capacity as treasurer, knowingly and willfiilly violated 2 U.S.C. § 439a(b)(2)(A) and 11 C.F.R. § 113.1(g)(l)(i)(J). COUNT II 16.