crew: federal election commission (fec): fiesta bowl complaint: 04/05/11

8/7/2019 CREW: Federal Election Commission (FEC): Fiesta Bowl Complaint: 04/05/11

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FEDERAL ELECTION COMMISSIONIn the matter of:

The Arizona Sports Foundation(dba "the Fiesta Bowl")John H. JunkerSusan JunkerNatalie Aguilar WisneskiRichard WisneskiAnthony AguilarJay FieldsJamie FieldsShawn SchoefflerPeggy EyansonLee EyansonMary McGlynnMonica SimentalScot Asher

MURNo.

COMPLAINT1. Citizens for Responsibility and Ethics in Washington ("CREW") and Melanie

Sloan bring this complaint before the Federal Election Commission ("FEC") seeking animmediate investigation and enforcement action against the Arizona Sports Foundation (dba "theFiesta 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, Monica Simental and Scot Asher for direct and serious violations of the FederalElection Campaign Act ("FECA").

Complainants2. Complainant CREW is a non-profit corporation, organized under section

501(c)(3) of the Internal Revenue Code. CREW is committed to protecting the right of citizensto be informed about the activities of government officials and to ensuring the integrity of

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government officials. CREW is dedicated to empowering citizens to have an influential voice ingovernment decisions and in the governmental decision-making process. CREW uses acombination of research, litigation, and advocacy to advance its mission.

3. In furtherance of its mission, CREW seeks to expose unethical and illegal conductof those involved in government. One way CREW does this is by educating citizens regardingthe integrity of the electoral process and our system of government. Toward this end, CREWmonitors the campaign finance activities of those who run for federal office and publicizes thosewho violate federal campaign finance laws. Through its website, press releases and othermethods of distribution, CREW also files complaints with the FEC when it discovers violationsof the FECA. Publicizing campaign finance violators and filing complaints with the FEC servesCREW's mission of keeping the public informed about individuals and entities that violatecampaign finance laws and deterring future violations of campaign finance law.

4. In order to assess whether an individual, candidate, political committee or otherregulated entity is complying with federal campaign finance law, CREW needs the informationcontained in receipts and disbursements reports that political committees must file pursuant tothe FECA, 2 U.S.C. 434(a)(2); 11 C.F.R. 104.1. CREW is hindered in its programmaticactivity when an individual, candidate, political committee or other regulated entity fails todisclose campaign finance information in reports of receipts and disbursements required by theFECA.

5. CREW relies on the FEC's proper administration of the FECA's reportingrequirements because the FECA-mandated reports of receipts and disbursements are the onlysource of information CREW can use to determine if a candidate, political committee or otherregulated entity is complying with the FECA. The proper administration of the FECA's

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reporting requirements includes mandating that all reports of receipts and disbursements requiredby the FECA are properly and timely filed with the FEC. CREW is hindered in its programmaticactivity when the FEC fails to properly administer the FECA's reporting requirements.

6. Complainant Melanie Sloan is the executive director of Citizens forResponsibility and Ethics in Washington, a citizen of the United States and a registered voter andresident of the District of Columbia. As a registered voter, Ms. Sloan is entitled to receiveinformation contained in reports of receipts and disbursements required by the FECA, 2 U.S.C. 434(a)(2); 11 C.F.R. 104.1. Ms. Sloan is harmed when a candidate, political committee or otherregulated entity fails to report campaign finance activity as required by the FECA. See FEC v.Akins, 524 U.S. 11, 19 (1998), quoting Buckley v. Valeo, 424 U.S. 1, 66-67 (1976) (politicalcommittees must disclose contributors and disbursements to help voters understand whoprovides which candidates with financial support). Ms. Sloan is further harmed when the FECfails to properly administer the FECA's reporting requirements, limiting her ability to reviewcampaign finance information.

Respondents7. 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 former President and Chief Executive Officer of the Fiesta

Bowl. Susan Junker is the spouse of John H. Junker.9. Natalie Aguilar Wisneski is the former Chief Operating Officer of the Fiesta

Bowl. Richard Wisneski is the spouse of Natalie Aguilar Wisneski. Anthony Aguilar is theformer Director of Community and Corporate Relations for the Fiesta Bowl and the brother ofNatalie Aguilar Wisneski.

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10. Jay Fields is the former Senior Vice President of Marketing for the Fiesta Bowl.Jamie Fields is the spouse of Jay Fields.

11. Shawn Schoeffler is the former Vice President of Media Relations for the FiestaBowl.

12. Peggy Eyanson is the former Director of Business Operations for the FiestaBowl. 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 the former Executive Assistant to Natalie Aguilar Wisneski.15. Scot Asher was a former volunteer at the Fiesta Bowl.

Factual Allegations16. On October 8, 2010, the Board of Directors of the Fiesta Bowl authorized a

Special Committee of the Board of Directors to conduct an investigation of allegations that theFiesta Bowl had reimbursed employees for campaign contributions made to Arizona politicians.The Special Committee retained the firm of Robins, Kaplan, Miller & Ciresi LLP to conduct theinvestigation. 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 theFiesta Bowl (attached as Exhibit A). The Final Report concluded that, under the direction ofPresident and Chief Executive Officer John H. Junker, the Fiesta Bowl had used corporate fundsto reimburse twenty-one individuals for at least $46,539 in campaign contributions to Arizonapoliticians 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, theFinal Report found evidence that the Fiesta Bowl, under the direction of President and Chief

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Executive Officer John H. Junker, had used corporate funds to reimburse thirteen individuals forthe following campaign contributions to federal candidates and committee since January 1,2006:Name Date Amount RecipientJohn H. Junker 4/28/06 $1,000 Straight Talk AmericaJohn H. Junker 3/8/07 $2,100 John McCainJohn H. Junker 6/30/09 $1,000 John McCainSusan Junker 6116/06 $500 Jon KylSusan Junker 10/18/06 $1,500 J.D. HayworthSusan Junker 3/8/07 $2,100 John McCainNatalie Aguilar Wisneski 4/28/06 $1,000 Straight Talk AmericaNatalie Aguilar Wisneski 3/8/07 $2,100 John McCainNatalie Aguilar Wisneski 6/30/09 $1,000 John McCainRichard Wisneski 3/8/07 $2,100 John McCainAnthony Aguilar 2/23/06 $500 Jon KylAnthony Aguilar 5/3/06 $250 John ShadeggJay Fields 10/18/06 $600 J.D. HayworthJay Fields 3/28/08 $1,000 John McCainJamie Fields 4/28/06 $1,000 Straight Talk AmericaShawn Schoeffler 10118/06 $600 J.D. HayworthShawn Schoeffler 3/28/08 $1,000 John McCainShawn Schoeffler 6/30/09 $1,000 John McCainPeggy Eyanson 6/16/06 $1,500 Jon KylPeggy Eyanson 10118/06 $1,250 J.D. Hayworth

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Lee Eyanson 5/6/06 $500 John ShadeggLee Eyanson 3/28/08 $1,000 John McCainMay McGlynn 4/28/06 $1,000 Straight Talk AmericaMonica Simental 10/18/06 $300 J.D. HayworthMonica Simental 3/8/07 $2,100 John McCainScot Asher 2/23/06 $500 Jon KylId.

18. The Final Report also found that the Fiesta Bowl used corporate resources andfacilities to host fundraising events for federal candidates and committees. Specifically, theFinal Report found that Fiesta Bowl employees organized fundraising events for federalcandidates and committees at the Fiesta Bowl Museum, coordinated invitation lists, set up theMuseum, attended and helped out during the events, and provided contributions that were laterreimbursed by the Fiesta Bowl. See Exhibit A at 183-186.

19. The Final Report found that the Fiesta Bowl used corporate resources andfacilities to host a fundraising event for Rep. J.D. Hayworth (R-AZ) on or about October 18,2006. See Exhibit A at 185-186. On information and belief, the Fiesta Bowl also used corporateresources to organize a fundraising events for Straight Talk America on or about April 28, 2006and two fundraising events for Senator John McCain (R-AZ) on or about March 8, 2007 andMarch 28,2008. See Exhibit A at 185, n. 974.

COUNT I20. 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.F.R. 110.4(b)(1)(i).

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21. By reimbursing employees for contributions made to federal candidates andcommittees, the respondents violated 2 U.S.C. 44lf and 11 C.F.R. 110.4(b)(I)(i).

COUNT II22. FECA and FEC regulations prohibit corporations from making contributions in

connection with any federal election. 2 U.S.C. 441b(a) and 11 C.F.R. 114.2(a). FECregulations also specifically prohibit the use of corporate resources or facilities to engage infundraising activities for federal candidates and committees. 11 C.F.R. 114.2().

23. By reimbursing employees and others with corporate funds for contributionsmade to federal candidates and committees and by using corporate resources and facilities toraise funds for federal candidates and committees, the respondents violated 2 U.S.C. 441b(a),11 C.F.R. 114.2(a) and 11 C.F.R. 114.2().

CONCLUSIONWHEREFORE, Citizens for Responsibility and Ethics in Washington and Melanie Sloan

request that the Federal Election Commission conduct an investigation into these allegations,declare the respondents to have violated the Federal Election Campaign Act and applicable FECregulations, and impose sanctions appropriate to these violations and take such further action asmay be appropriate, including referring this case to the Justice Department for criminalprosecution of any violations of2 U.S.C. 441b(a)~

M d S k a l lExecutive DirectorCitizens for Responsibility and Ethicsin Washington1400 Eye Street, N.W.Suite 450Washington, DC 20005(202) 408-5565 (phone)(202) 588-5020 (fax)

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Verification

Citizens for Responsibility and Ethics in Washington and Melanie Sloan hereby verifythat the statements made in the attached Complaint are, upon information and belief, true.

01.

Melanie Sloan

Sworn to and subscribed before me this 5th day of April, 2011.

L Is a D rewDistrict of Columbia, Notary PublieMy Commission ExpiresJuly 31. 2014N0t8X1"Publ ic

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crew: federal election commission (fec): fiesta bowl complaint: 04/05/11

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