The U.S. Federal Court in a case known as the “Super PAC” suit on June 18th, 2012 extended for 60 days the discovery hearing. To date, no attorneys for the Defendants have filed notice of appearance to defend as Class counsels. Attorneys wishing to represent the various Classes must file their notice of appearances and meet with the Plaintiff to prepare and submit documents before August 21, 2012.
Background: This action seeks to charges individuals and persons that have made, received, or benefited from excessive or prohibited individual campaign contributions in Federal elections.
It is a legal impossibility, under common law, for contributions limits to exist that effect the outcome of Federal elections, and at the same time permit “unlimited” contributions to third parties that has the same outcome.
The suit contends the U.S. Court system has not invalidated Federal Election Campaign Law and the will of the U.S. Congress remains in tact and individual campaign contributions are limited. The general public is reminded that the U.S. Federal Election Commission is not a Court of law and any advisories they issue do not represent a ruling of the U.S. Federal Courts.
Detail: Details of the case can be found on the Notice of the case found at this link. Please note the corrected dates above for the new hearing date and deadline to provide documents to the Court. The consequence of failing to defend against this action may include default judgment against you and/or a binding settlement agreement.
Defendants: Initially, the Plaintiff did not name the Defendants and described them as members of various Classes. Since anyone checking FEC filings can also identify these same individuals, essentially, the Defendants were named. No Defendants to date have taken sufficient notice of the action to understand that they are party to a lawsuit for their actions. Therefore, in the interest of clarity and to give Defendants the chance to mount an effective and strong defense against the charges against them as a Class, the Plaintiff has decided to announce the names of some of the members of the main Classes.
Please note that the appearance of your name in the lists below does not constitute a guilty verdict against you, however, it does inform you there is an action currently pending against you. Further the list is only a sample of names, and final definition of the various Classes as not been approved by the Court and subject to change.
Class I Defendants:
Political action committees or other organizations that retained excessive or prohibited individual campaign contributions within the past 5 years that were intended to support or contest against candidates and political parties for Federal office. To be in this Class a group needs to have had the appearance of retaining at least $30,400 from a member of Class II Defendants.
Class I Defendants are being requested as part of this action to comply with FEC directives 11 CFR 103.3(a) or (b). This action disputes the legality of funds from Class II Defendants and reminds Class I Defendants that according to the FEC “If a committee finds that a contribution is prohibited based on evidence not available when the contribution was deposited, the committee must refund the contribution within 30 days of discovery. 11 CFR 103.3(b)(2)”. Treasurers of Class I Defendants are advised to build reserve funds to refund Class II Defendants should the Court rule in favor of the Plaintiff. Proposed defendants include:
American Crossroads
Citizens for a Working America
Club for Growth Action
EMILY's List
Endorse Liberty
Freedom Works for America
House Majority PAC
Liberty for All Super PAC
Make Us Great Again
Majority PAC
National Organization for Marriage
Our Destiny PAC
Priorities USA Action
Red White and Blue Fund
Restore our Future
Revolution PAC
Santa Rita Super PAC
Strong America Now
Texas Conservative Fund
Winning our Future
Women Vote!
Class II Defendants: Individuals, and non-individuals that acted on the behalf of individuals, are Defendants that made, within the past 5 years of the filing date of the Complaint, contributions intended to effect the results of a Federal election that were prohibited or excessive. This Class is divided into sub-classes as follows:
Class II(a) Defendants: Individuals who, within the past 5 years of this filing, made contributions that were prohibited or exceeded the annual or biennial limits, as set by the FEC, by $75,000 or more. The list is subject to change based upon new contributions made and a more detailed examination of prior contributions. See Notice is you are the partner of an individual that made a contribution and did not intend to make the contribution yourself. If you obtain a refund of an excessive contribution as recommended by the FEC notify the Plaintiff and be certain that the refund is reported to the FEC. Members of this Class included at time of filing the following:
ADELSON, MIRIAM DR LAS VEGAS, NV 89109
ADELSON, SHELDON LAS VEGAS, NV 89109
AINSLIE, LEE NEW YORK, NY 10153
ANWAR, S JAVAID MIDLAND, TX 79701
ARNOTT, ROBERT NEWPORT BEACH, CA 92660
BACON, LOUIS MOORE NEW YORK, NY 10020
BARNES, DEBORAH DOVER, MA 02030
BARNES, STEVEN DOVER, DE 02030
BEEUWKES, NANCY CONCORD, MA
BEEUWKES, REINIER III CONCORD, MA
BERTHIAUME, DOUGLAS ANDOVER, MA 01810
BING, STEPHEN L ENCINO, CA 91436
BLOOM, BRADLEY WELLESLEY, MA 02481
BONDERMAN, DAVID FORT WORTH, TX
BOYCE, RICHARD PORTOLA VALLEY, CA 94028
BULLOCK, DAVID HIGHLAND, UT 84003
BUZBEE, TONY MR HOUSTON, TX 77002
CARSEY, MARCIA L. LOS ANGELES, CA
CARTER, DONALD MR ADDISON, TX 75001
CAVENEY, MARGARET C NORTH PALM BEACH, FL 33408
CHAZEN, STEPHEN I MR PACIFIC PALISADES, CA 90272
CHILDS, MARLENE I. VERO BEACH, FL
CHILDS, JOHN VERO BEACH, FL 32963
CLOOBECK, STEPHEN J LAS VEGAS, NV 89135
COLLIER, MILES C. NAPLES, FL
COLLIER, PARKER J. NAPLES, FL
CONARD, EDWARD NEW YORK, NY 10028
CONNAUGHTON, JOHN WEST NEWTON, MA 02465
COX, HOWARD E JR PALM BEACH, FL 33480
COX, HOWARD STATESBORO, GA 30458
CRAFT, JOSEPH W TULSA, OK 74119
CROW, HARLAN R DALLAS, TX 75219
CUSHMAN, JOHN C III LOS ANGELES, CA 90017
DALTON, MARK GARDEN CITY, NY 11530
DAVIS, JAMES S BOSTON, MA 02135
DEASON, DARWIN A DALLAS, TX 75204
DEBONIS, LAURA BOSTON, MA
DODGE, STEVEN MANCHESTER, MA 01944
DONAVAN, JAMES UPPERVILLE, VA 20184
DORE, WILLIAM J LAKE CHARLES, LA 70605
DUCHOSSOIS, JANET J OAK BROOK, IL 60523
DUNN, TIM MIDLAND, TX 79710
EARHART, ANNE G. CORONA DEL MAR, CA
EDGERLY, PAUL BROOKLINE, MA 02445
EDGERLY, SANDRA BROOKLINE, MA 02445
EGERMAN, JOANNE H. WESTON, MA
EGERMAN, PAUL WESTON, MA
ESHELMAN, FRED WILMINGTON, NC
EYCHANER, FRED CHICAGO, IL
EYCHANER, FRED CHICAGO, IL 60614
FAULKNER, GORDON T. MADISON, WI
FAULKNER, JUDITH R. MADISON, WI
FERNANDEZ, MIGUEL MIAMI, FL 33134
FERRANTE, DOMENIC NAPLES, FL 34108
FINDLATER, CHRISTOPHER MIAMI BEACH, FL
FIREMAN, PAUL BOSTON, MA 02110
FISCHER, DAVID TROY, MI 48084
FLAUM, DAVID ROCHESTER, NY 14610
FLEISCHMAN, WILLIAM O LOS ANGELES, CA 90067
FORST, EDWARD C BRONXVILLE, NY 10708
FOSTER, PAUL L MR EL PASO, TX 79901
FOX, JEFFREY ST. LOUIS, MO 63105
FOX, SAM ST. LOUIS, MO 63105
FRANTZ, L SCOTT RIVERSIDE, CT 06878
FRIESS, FOSTER JACKSON, WY 83002
GEIER, PHILIP H NEW YORK, NY 10022
GILLIAM, LESLIE F. KESWICK, VA
GILLIAM, RICHARD BAXTER KESWICK, VA 22947
GORDY, GLENDA J. HOUSTON, TX
GORDY, RUSSELL D. HOUSTON, TX
GRIFFIN, ANNE D. CHICAGO, IL
GRIFFIN, JOHN A TARRYTOWN, FL 10591
GRIFFIN, KENNETH C CHICAGO, IL 60611
GROFF, HOWARD NORTHRIDGE, CA 91324
GROFF, SUSAN NORTHRIDGE, CA 91324
GUNDLACH, GUY D LAS VEGAS, NV 89109
HARRIS, JOHN A. IV BERWYN, PA
HAUG, DAVID L MR HOUSTON, TX 77056
HAYDEN, MARILYN J. BARRINGTON, IL
HAYDEN, JERRY L. BARRINGTON, IL
HERRO, DAVID G. CHICAGO, IL
HERTEL, KRISTEN H WINNETKA, IL 60093
HILES, MARCUS D MR GRAND PRAIRIE, TX 75050
HUBBARD, RANDALL D MR RUIDOSO, NM 88345
HUGHES, B. WAYNE SR. LEXINGTON, KY
HUNTER, RACHEL HOUSTON, TX
HUNTER, MICHAEL HOUSTON, TX
HUNTING, JOHN R. GRAND RAPIDS, MI
HUNTSMAN, JON M SR SALT LAKE CITY, UT 84108
JACOBS, JOAN K. LA JOLLA, CA
JACOBS, IRWIN M. LA JOLLA, CA
JAMES, VIRGINIA LAMBERTVILLE, NJ
JOHNSON, FRANKLIN P. JR. PALO ALTO, CA
JONES, PAUL TUDOR II GREENWICH, CT 06830
KAPLAN, THOMAS NEW YORK, NY 10022
KATZENBERG, JEFFREY UNIVERSAL CITY, CA 91608
KELLETT, SAMUEL PINETTA, FL 32350
KENNEDY, JOHN KENTWOOD, MI 49512
KOCH, WILLIAM WEST PALM BEACH, FL 33401
KOVNER, BRUCE NEW YORK, NY 10022
KROUSE, RODGER BOCA RATON, FL 33496
LAVERACK, WILLIAM, NEW YORK
LEACH, HOWARD SAN FRANCISCO, CA 94111
LEDER, MARC BOCA RATON, FL 33496
LEMELSON, ERIC SHERWOOD, OR
LINBECK, LEO III HOUSTON, TX 77227
LISONBEE, DAVID SANDY, UT 85070
LITTLE, WILLIAM E JR NEW YORK, NY 10128
LUKATZ, OREN LAS VEGAS, NV 89109
LUKATZ, YASMIN LAS VEGAS, NV 89109
MAFFEI, GREGORY CHERRY HILLS VILLA, CO 80113
MARCUS, JUDITH PALO ALTO, CA
MARCUS, GEORGE M. PALO ALTO, CA
MARKSTEINER, GUNTER PALM CITY, FL 34990
MARRIOTT, JW JR BETHESDA, MD 20817
MARRIOTT, RICHARD POTOMAC, MD 20854
MARTINO, MICHAEL E NEW CANAAN, CT 06840
MATTHEWS, JJ ABILENE, TX 79604
MCBARRY, RAY MCDONOUGH, GA 30253
MCCORMACK, WIN PORTLAND, OR 97219
MCKNIGHT, ROSS MR THROCKMORTON, TX 76483
MCLANE, P ANDREWS WESTON, MA 02493
MCLANE, ROBERT DRAYTON MR JR TEMPLE, TX 76504
MCNAIR, ROBERT C MR HOUSTON, TX 77054
MELWANI, PRAKASH NEW YORK, NY 10154
MERCER, DIANA EAST SETAUKET, NY
MERCER, ROBERT EAST SETAUKET, NY 11733
MICHAELS, LAURIE F. FORT WORTH, TX
MORSE, H. GARY THE VILLAGES, FL 32162
MORSE, RENEE B THE VILLAGES, FL 32162
MUGAR, DAVID BOSTON, MA 02116
MUMFORD, JOHN MR PORTOLA VALLEY, CA 94028
NATHAN, SCOTT A. BOSTON, MA
NAU, JOHN L III HOUSTON, TX 77219
NAVAB, ALEXANDER NEW YORK, NY 10022
O'KEEFE, ERIC SPRING GREEN, WI 53588
OCHSHORN, SIVAN LAS VEGAS, NV 89109
OETERS, DONALD CINCINNATI, OH 45249
OSKOUI, STEPHEN AUSTIN, TX 78701
PALMER, GEOFF LOS ANGELES, CA 90049
PAULSON, JOHN NEW YORK, NY 10020
PEARSON, THOMAS L. BIXBY, OK
PENCE, ROBERT WASHINGTON, DC 20007
PERENCHIO, A. JERROLD LOS ANGELES, CA
PERENCHIO, A. MARGARET LOS ANGELES, CA
PERRY, DOYLENE HOUSTON, TX
PERRY, ROBERT J. HOUSTON, TX
PETERSON, JOEL SALT LAKE CITY, UT 84121
PLUMERI, JOSEPH SARATOGA SPRINGS, NY 12866
PROPST, WS HUNSTVILLE, AL 35801
PUZDER, ANDREW CARPINTERIA, CA 93013
REES-JONES, JAN DALLAS, TX
REES-JONES, TREVOR , TX
REYNOLDS, ROBERT CONCORD, MA 01742
RICKETTS, J JOE DENVER, CO 80223
RICKETTS, JOHN J. OMAHA, NE
RICKETTS, MARLENE M. OMAHA, NE
ROBERTSON, JULIAN LOCUST VALLEY, NY 11560
ROLLINS, KEVIN DOVER, MA 02030
ROSS, STEPHEN NEW YORK, NY 10023
ROTH, STEVEN NEW YORK, NY 10106
ROWLING, ROBERT B IRVING, TX 75039
ROWLING, TERRY H. DALLAS, TX
RYAN, BRINT MR DALLAS, TX 75240
RYAN, VINCENT J. BOSTON, MA
SATTER, MUNEER CHICAGO, IL 60606
SCHORR, PAUL C IV NEW YORK, NY 10022
SCHWARTZ, BERNARD L NEW YORK, NY 10021
SEIU COPE WASHINGTON, DC 20036
SHUMWAY, CHRIS W GREENWICH, CT 06830
SIEBEL, STACEY PALO ALTO, CA
SIEBEL, THOMAS PALO ALTO, CA
SILBERSTEIN, STEPHEN M. BELVEDERE, CA
SIMMONS, HAROLD C DALLAS, TX 75240
SIMONS, JAMES H NEW YORK, NY 10022
SINGER, PAUL NEW YORK, NY 10019
SMITH, EDWARD D LAS VEGAS, NV 89145
SMITH, STUART H. MIAMI, FL
SOROS, GEORGE NEW YORK, NY 10106
SPRECHER, JEFFREY ATLANTA, GA 30328
STEPHENS, JACKSON T JR LITTLE ROCK, AR 72201
STRYKER, PATRICIA FORT COLLINS, CO
SUDLER, PETER TEQUESTA, FL 33469
SUSSMAN, S. DONALD GREENWICH, CT
TEECE, DAVID J. EMERYVILLE, CA
TEECE, LEIGH G. EMERYVILLE, CA
TEMPLETON, ANN J SARASOTA, FL 34236
TEMPLETON, JOHN M DR JR BRYN MAWR, PA 19010
TEPPER, DAVID LIVINGSTON, NJ 07078
THIEL, PETER SAN FRANCISCO, CA 94129
TOOMEY, MIKE MR AUSTIN, TX 78701
TROUTT, KENNY A DALLAS, TX 75225
UIHLEIN, LYNDE B. MILWAUKEE, WI
UIHLEIN, RICHARD PLEASANT PRAIRIE, WI 53142
VARVEL, ERIC GREENWICH, CT 06831
WALTON, ALICE BENTONVILLE, AR 72712
WALTON, JIM BENTONVILLE, AR 72712
WARREN, KELCY L DALLAS, TX 75219
WEBSTER, STEVEN HOUSTON, TX 77002
WETENHALL, ROBERT C NEW YORK, NY 10022
WHALING, R GRAHAM HOUSTON, TX 77019
WHITMAN, MEG ATHERTON, CA 94027
WILSON, DAVID LAGUNA BEACH, CA 92651
ZELL, SAMUEL CHICAGO, IL 60606
ZIDE, STEPHEN OLD GREENWICH, CT 06870
Class II(b) Defendants: Individuals who, within the past 5 years of this filing, made contributions that were prohibited or exceeded the annual or biennial limits, as set by the FEC, by more than $10,000 but less than $75,000.
Class II(c) Defendants: Individuals who, within the past 5 years of this filing, made contributions that were prohibited or exceeded the annual or biennial limits, as set by the FEC, by $10,000 or less.
Class II(d) Defendants: Non-individuals such as corporations, LLCs, foundations, or similar entity that were utilized by an individual(s) as an intermediary, within the past 5 years of this filing, to make contributions to a campaign for Federal Office that exceeded a category limit or the biennial limit for an individual(s), as set by the FEC, by $25,000 or more. Individuals who have the power to direct funds spent by non-individual entities are cautioned that they may be found guilty of two infractions of law. Firstly the contribution may be ascribed as being an excessive individual contribution, and secondly it may be ascribed to having been made in the name of another. Defendants in this class include:
2GIG TECHNOLOGIES LEHI, UT 84043
ALLIANCE MANAGEMENT HOLDINGS TULSA, OK 74121
ALPHA NATURAL RESOURCES LLC ABINGDON, VA 24212
BLUE RIDGE CAPITAL LLC NEW YORK, NY 10065
CONSOL ENERGY, INC CANONSBURG, PA 15317
CONTRAN CORPORATION DALLAS, TX 75240
CROW HOLDINGS LLC - DISTRIBUTIO DALLAS, TX 75219
ELAINE MCKAY FAMILY INV LP LAGUNA BEACH, CA 92651
ELI PUBLISHING INC PROVO, UT 84601
F8 LLC PROVO, UT 84601
FORESIGHT MANAGEMENT LLC BECKLEY, WV 25801
G H PALMER ASSOCIATES LOS ANGELES, CA 90049
GLENBROOK LLC REDWOOD CITY, CA 94065
HERITAGE BAG COMPANY CARROLLTON, TX 75006
HUBBARD BROADCASTING INC ST. PAUL, MN 55114
JERRY PERENCHIO LIVING TRUST LOS ANGELES, CA 90067
JET SET SPORTS HOLDINGS, LP FAR HILLS, NJ 07931
JHJM NEVADA I, LLC LAS VEGAS, NV 89109
KIMBER MANUFACTURING INC YONKERS, NY 10705
LARRY H MILLER GROUP OF COMPANIES SANDY, UT 84070
MBF FAMILY INVESTMENTS MIAMI, FL 33134
OXBOW CARBON, LLC WEST PALM BEACH, FL 33401
PAUMANOK PARTNERS LLC NEW CANAAN, CT 06840
ROONEY HOLDINGS, INC TULSA, OK 74146
RTTTA, LLC PROVO, UT 84604
SCHWERTNER FARMS, INC SCHWERTNER, TX 76573
SCI EXECUTIVE SERVICES, INC HOUSTON, TX 77019
SELECT MANAGEMENT RESOURCES, LLC ALPHARETTA, GA 30005
SERVICE EMPLOYEES INTERNATIONAL UN WASHINGTON, DC 20036
SLOCUM AND ASSOCIATES SALT LAKE CITY, UT 84111
THE VILLAGES OF LAKE SUMTER, INC THE VILLAGES, FL 32162
TROTT AND TROTT PC FARMINGTON HILLS, MI 48334
W/F INVESTMENT CORP LOS ANGELES, CA 90067
WEAVER POPCORN COMPANY INC INDIANAPOLIS, IN 46256
WHITECO INDUSTRIES INC MERRILLVILLE, IN 46410
Class II(e) Defendants: Individuals that made excessive or prohibited contributions to organizations that purportedly support a cause or special interest that ultimately has an effect on the election of candidates for Federal office. Included in this Class are those that made contributions to groups like the National Organization for Marriage and similar issue related groups that are issue oriented and generally supported by candidates for Federal office along partisan lines. This is specifically intended to close a loop-hole wherein individuals that want to support a specific party give money to groups that support issues that fall generally according to party lines. Please note this is different than in the Notice. The Notice describes groups that received the funds and not donors to the groups. Groups that receive the funds are Class I Defendants.
Final Class definition is subject to approval of the Court.
Class III(a) Defendants: Individuals or organizations that conspired with Class II Defendants to disguise contributions, and/or frustrate the intent of FECA to either limit or disclose funds used in Federal elections. This class specifically includes any attorneys who assisted their client to commit actions that are illegal according to FECL. This class was prompted in part from Court documents that were revealed in another case. That case demonstrated some organizations anticipate legal fees as the cost of doing business and violating the law and that the purpose of the funds were to help donors evade the law.
Class III(b) Defendants: Individuals or organizations that received payments in excess of $50,000 in a single year that originated from campaign contributions that were excessive or prohibited for salaries, bonus, rewards, kickbacks, consulting fees, or commissions etc. The intention of the limit is to exclude the majority of workers for organizations that may have had no idea the funds they were receiving were illegal. Further, this excludes individuals that may have earned more from organizations where the bulk of their monies received are not from illegal funds.
Class III(c) Defendants: Individuals or organizations that received payments in excess of $250,000 in a single year that originated from campaign contributions that were excessive or prohibited in exchange for services rendered such as consulting, advertising, telephone campaigns, and voter mailings. Since the Plaintiff doesn't know without discovery requests the exact amounts that Class III(c) Defendants have received the appearance of an organizations name below means only that it is suspected to have received more than $250,000 in total payments. Further this list is not comprehensive and only a sample:
Amazon.com
Apple
Begala, Paul
Blakemore & Assoc
Burkett, Rebecca
Cablevision Systems
CBS
CC Media Holdings
Clark Hill PLC
Comcast
Crossroads Media
DISH Network
Gannett Company, Inc
General Electric
Google
GSG Communications
Hubbard Communications (Also appears as Class II defendant)
Journal Communications
Lee Enterprises
Liberty Media Revenue
MSN
Mundy Katowitz Media
National Public Radio
News Corp.
Nmb Research
Perry, Bob
Podium Capital Group
Target Point Consulting
The Denver Post
The E.W. Scripps Company
The McClatchy Company
The Minneapolis Star Tribune
The New York Times Company
The Washington Post
Time Warner Cable
Viacom
Virgin Media
Walt Disney
Yahoo
What to do if you are named or believe you will be named:
If you were named in the lawsuit, or believe you may be a member of a Class according to the definitions. Be certain to read the
Notice prepared for Defendants. The Notice contains links to on-line documents you can review. Documents are also available on a system called
PACER that provides public access to official Court documents.
Defendants are encouraged to work together to mount a strong defense against the action and identify qualified attorneys to represent them in their defense.
Contact information for the Plaintiff can be found in the Notice.
Philip B. Maise
Plaintiff and citizen attorney general of the United States acting on the behalf of the U.S. Federal Election Commission