EFTA00618045.pdf

DARREN K. INDYKE DARREN K. INDYKE, PLLC 575 Lexington Avenue, 4th Floor New York, New York 10022 Telephone: Telecopier: Email: April 30, 2015 BY HAND AND 11 _1121 1 Assistant General Counsel Office of Complaints Examination and Legal Administration Federal Election Commission 999 E Street, NW Washington DC 20436 Attention: eCEIV 11 C;F:14 tit fi tA Pti 3: 13 Re: Response of Jeffrey Epstein to Federal Election Commission Complaint Number - Dear I 'tan behalf of my client, Jeffrey Epstein, in response to allegations of Mr. in the above referenced complaint, filed with the Federal Election Commission (the "Commission') on March 2, 2015 (the "Complaint"), that Mr. Epstein and others may have violated the Federal Election Campaign Act of 1971, as amended (the "Act"). For the reasons provided below and in his attached statement, Mr. Epstein respectfully maintains that his contributions complied with the contribution limits imposed under the Act, and denies that he engaged in any violation of the Act. Mr. Epstein also wishes to Inform the Commission that upon learning of the allegations made in the Complaint, Mr. Epstein promptly secured the refund of all of his committee contributions alleged to have been used to exceed the contribution limits imposed under the Act EFTA00618045 Response of Jeffrey Epstein to Federal Election Commission Complaint Number- Page 2 of 3 m ill, , her associate , and alleged in his Coal , established and controlled two political action committees, called Coalition of Independent Voices in Congress ("CIVIC) and Eagles Party PAC ("EPP" and together with CIVIC, the "PACs"), and that these PACs were financed almost entirely by Mr. Epstein and one other contributor. Mr. at Mr. Epstein and each of the PACs separate) contributed $2,600 to campaign committee, the Committee to Elect (the 'Campaign Committee"), and the other contributor contributed an additional $2,500 to the Campaign Committee, making total alleged contributions to the Campaign Committee from these four sources $10,300. He further claims that Mr. Epstein and the other contributor, w r knowingly or unknowingly, through the management of the PACs by Ms. _e xceeded the contribution limits under the Act Based on his allegations, Mr. believes the PACs should be viewed as affiliated committees so that the $5,200 in combined contributions of the PACs to the Campaign Committee should be determined to have exceeded the $2,600 contribution limit for affiliated committees. Alternatively, he claims that the contributions by the PACs should be viewed as contributions made by Mr. Epstein and the other contributor through "straw donors" in an attempt to circumvent their respective individual campaign limits, so that combined contributions to the Campaign Committee from all four sources are determined to be "well in excess of the $5,200 that would result from each [of Mr. Epstein and the other contributor] contributing the $2,600 allowed by law." These allegations attribute to Mr. Epstein knowledge of and control over the organization, management, fundraising, expenditures and other activities of the PACs that Mr. Epstein simply does not and did not ever possess. As to each PAC, Mr. Epstein confirms in his attached statement that until recently Mr. Epstein was unaware of its management and control structure, the number or identities of or amounts donated by its contributors, the amount of funds it held, its financial needs, plans or projects, the campaigns which it did or expected to support or the nature or amount of such support. This includes Mr. Epstein having no knowledge of whether, when and how much each of the PACs contributed to the Campaign Committee. Each of Mr. Epstein's personal contributions to the Campaign Committee, CIVIC, and EPP were within the contribution limits specified in 2 U.S.C. §§441a(a)(1)(A) and 441a a 1 (C) and was thus lawful under the Act. Until he first became aware of Mr. allegations in late March 2015, Mr. Epstein had no knowledge of anything to cause him to believe otherwise. EFTA00618046 Response ofleffrey Epstein to Feder Commission Complaint Number Page 3 of3 When Mr. Epstein made his contributions to each of the PACs, he had no knowledge of whether the PACs were "established, financed, maintained or controlled by ... the same person or group of persons." 11 CFR §110.3(a). Until the allegations in the Complaint were first brought to his attention in late March 2015, Mr. Epstein was unaware of any issue with his contributions on the basis of any such common affiliation. In fact, as soon as Mr. Epstein was informed of the issue, he took immediate steps to secure from each of the PACs the return of the full amount of his contribution. Copies of the refund checks from each PAC for the full amount of Mr. Epstein's contribution are attached hereto. Having caused each PAC to refund the full amount of Mr. Epstein's contra u the aggregate contribution that Mr. Epstein can be said to have made to campaign, whether directly or indirectly, is $2,600 which is undeniably within his individual contribution limits under the Act. In view of the fact that each of Mr. Epstein's contributions were separately lawful under the Act and that at the time he made those contributions, Mr. Epstein had no knowledge of any facts or allegations which would cause him to reach a contrary conclusion, we respectfully submit that there is no basis to assert a violation of the st Mr. Epstein. Moreover, the total amount of contributions alleged by Mr. t t eed the applicable limits was $5,100, and promptly after learning of Mr. allegations, Mr. Epstein secured from the PACs the full return of contributions equaling twice the amount alleged to have been contributed to violation of the Act. And, In any event, as a result of the PACs' re ail Epstein's contributions, Mr. Epstein's remaining $2,600 contribution to IN campaign is dearly within specified contribution limits. Under the circumstances, we would respectfully request that the Commission exercise its prosecutorial discretion to decline further action against Mr. Epstein in this matter. Thank you for your consideration. Respectfully, CIOVV9—c&- akkqe -C Darren K. Indyke EFTA00618047 STATEMENT OF JEFFREY EPSTEIN IN RESPONSE TO FEDERAL EL MISION COMPLAINT NUMBER The undeaed, Jeffrey Epstein, in connection with the response to Complaint to be submitted by my attorney, Darren IC Indyke, to the Federal Election Commission on the date hereof, hereby states the following: 1. The undersigned made three separate contributions to the Committee to Elect III (the "Campaign Committee"], Coalition of Independent Voices in Congress ("CIVIC") and Eagles Party MC (-EPP' and together with CIVIC, the "PACs") as follows: pAu RECIPIENT AMOUNT 4/22/14 Campaign Committee $2,600 7/11/14 CIVIC $5,000 4/17/14 EPP $5,000 2. At the times I made these contributions, it was my general understanding and belief that each of these contributions was within the contribution limits specified under Federal law. 3. At the times I made these contributions to each of EPP and CIVIC, I was unaware of its management and control structure, the number or identities of or amounts donated by its contributors, the amount of funds it held, its financial needs, plans or projects, the campaigns which it did or expected to support or the nature or amount of such support Nor did I know whether, when or how much each of the PACs had then previously contributed or expected • contribute to the Campaign Committee or the election campaign of 4. At the times I made these contributions, I also had no knowledge of whether the PACs were established, financed, maintained or controlled by the same person or group of persons. 5. Until the allegations in the Complaint were brought to my attention for the first time in late March 2015, I was unaware of any issue with any of my contributions on the basis of any common affiliation with respect to the PACs, whether due to common organization, management, control or financing. Nor was I aware that my $5,000 contribution to CIVIC was or would be the sole contribution to CIVIC or that my $5,000 contribution to EPP was or would constitute nearly 50% of the total contributions to EPP. EFTA00618048 Statement ofJeffrey Epstein in Responseteral Election Commission Complaint Numbe Page Z oft 6. Promptly after 1 learned for the first time in late March 2015 of the allegations with respect to the PACs and resulting claims with respect to my contributions to the PACs, I demanded that the PACs return the full $5,000 I contributed to each of them. Dated: April 30, 2015 Jeffrey Epstein EFTA00618049 84209 morn. CIVIC PAC rotund of 7/11/14 NW &nation PAY S ,14fIroy ipota1114• 7 EAGLEBANK yrinv:4404benkCoriloorn PIVE 711COSAND DOMANI AND 23110 \ C7&.173 CASHIER'S CHECK A el ONE April 07, 2015 oaf II I $ ,00O O0 DOLLAIIS 8 EFTA00618050 64210 angina fwd.. Party LLC PAC refund of 4/17/14 PAC donation PAY Ton OROPROP *Jeffrey Epstein*** IE#CLEBANK aWAROIlbankE0fp.COM k DATE Apriio7, 2015 PIPS ricommon DOLLRES INC Immo cmtn CASHIER'S CHECK Roe OS AM S,d0o.0oi DOLLARS IkutivkaC_) Amore soWswe EFTA00618051 A refft Fox Asent Fox L1 P /1717 K Streal, NW / Washington, DC 20008.5344 Darren K. Indyke Darren K. Indyke, PLLC 575 Lexington Avenue, 4th Floor New York, New York 10022 Hasler -.35,0" 2C15 US POSTAGE $00 7P :.0(.136 011D12.602764 EFTA00618052