calvin fayard

Transcription

calvin fayard

RE Ci:X·l;: D
FEDERAL ELECTION
COMMISSION
2012 JUN 18 PH if: 43
BEFORE THE FEDERAL ELECTION COMMISSION
CELA
In the Matter of
)
)
Calvin C. Fayard, Jr.; Cynthia Fayard;
) MUR 6519
Chalyn Fayard; Cathryn Caroline Fayard; · )
Calvin C. Fayard, lli; Frances Gray
)
Fayard; Carolyn Mistoler; D. Blayne
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Honeycutt; Valerie Honeycutt
)
CERTIFICATION
·I, Shawn Woodhead Werth, Secretary and Clerk of the Federal Election
Commission, do hereby certify that on June 18, 2012, the Commission decided
by a vote of 6-0 to take the following actions in MUR 6519:
1. Find no reason to believe that Chalyn Fayard violated 2 U.S.C.
§ 441for 11 C.F.R. § 110.4(b)(1).
2. Find no. reason to believe that Calvin C. Fayard, Jr. and Cynthia
Fayard violated 2 U.S.C. § 441for 11 C.F.R. § 110.4(b)(l).
3. Find no reason to believe that Cathryn Caroline Fayard, Calvin C.
Fayard, III, Frances Gray Fayard, D. Blayne Honeycutt, Valerie
Honeycutt, and Carolyn Mistoler violated 2 U.S.C. § 441for
11 C.F.R. § 110.4(b)(l).
4. Approve the Factual and Legal.Ana'llysis, as recommended in the
First General Counsel's Report dated May 21, 2012.
Federal Election Commission
MUR6519
June 18, 2012
5. Approve the appropriate letters.
6. Close the file.
Commissioners Bauerly, Hunter, McGahn II, Petersen, Walther, and
Weintraub voted affinnatively for the decision.
Attest:
~ /'{,30/~
Date
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J/nwtJnliuuJ
f1W
Shawn Woodhead Werth
Secretary and Clerk of the Commission
Page 2 of2
FEDERAl ElECTION COMMISSION
WASHINGTON, D.C. 20463
VIA FAX (504-680-6051) AND FIRST CLASS MAIL
JUN ·2 2 2012
William P. Gibbens, Esq.
Schonekas, Evans, McCoey & McEachin, LLC
650 Poydras Street, #21 SO
New Orleans, LA 70130
RE:
MUR6519
Calvin C. Fayard, Jr.
Dear Mr. Gibbens:
On December 23, 2011, the Federal Election Commission notified your client, Calvin C.
Fayard, Jr., of a complaint alleging violations of certain sections of the Federal Election
Campaign Act of 1971, as amended (''the Act"). On June 18, 2012, the Commission found; on
the basis of the infotmation in the complaint, and information providetl by you, that there is no
reason to believe Calvin C. Fayani, Jr. violated 2 U.S.C. § 44tf, a provision of the Act, or .
11 C.F.R. § 110.4(b)(l) of the Commission's regulations. Accordingly, the Commission closed
its file in this matte1·.
Documents related to the case will be placed on the p1ublic record within 30 days. See
Statement of Policy Regarding Disclosure of Closed Enforcement and Related Files,
68 Fed. Reg. 70,426 (Dec. 18, 2003) and Statement of Policy Regarding Placing First General
Counsel's Reports on the Public Record, 74 Fed. Reg. 66,132 {Dec. 14, 2009). The Factual and
Legal Analysis, which explains the Commission's fmdings, is enclosed for your information.
If you have any questions, please contact Kamau Philbert, the attorney assigned to this
matter, at (202) 694-1650.
SiiJ
IIA..oAII
Mark D. Shonkwiler
Assistant General Counsel
Enclosure
Factual and Legal Analysis
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FEDERAL ELECTION COMMISSION
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FACTUAL AND LEGAL ANALYSIS
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RESPONDENTS: Calvin C. Fayard, Jr.
Cynthia Fayard
Chalyn Fayard
Cathryn Caroline Fayard,
Calvin C. fayard, III
Frances Gray Fayard
Carolyn Mistoler
D. Blayne Honeycutt
Valerie Hou1eycutt
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I.
MUR: 6519
INTRODUCTION
Complainant alleges that Calvin C. Fayard, Jr. or Cynthia Fayard provided the funds that
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their daughter Chalyn Fayard used for a $10.000 contribution to the federal account of the
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Democratic State Central Committee of Louisiana ("DSCCL") in October 2010. Respondents
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maintain that Chalyn Fayard used her own funds for th~ contribution and provided information
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showing that she had sufficient personal funds to make the contribution. Complainant also
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generally alleges that additional contributions the DSCCL' s federal account reported as being
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made by Fayard family members and associates came from an unnamed source. Respondents
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deny these allegations.
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As disoussed below, the available infonruttion shows that Chalyn Fayard DUide the
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$10,000 federal contribution with her own funds. Further, the less specific allegations regarding
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additional federal contributions made in the names of various other Fayard family members and
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associates are based on speculation and have been denied. Therefore, the Commission fmds no
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reason to believe that respondents violated the Act or Commission regulations.
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Factual And Legal Analysis
MUR 6519 (Calvin C. Fayard, Jr. et al)
Page 2 of6
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II.
FACTS
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A.
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The DSCCL is a state political party committee of the Louisiana Democratic Party that
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s
Background
is registered with the Commission and maintains a federal account.
Calvin Fayard, Jr. is a Louisiana attorney and one of two named partners of the law finn
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Fayard & Honeycutt, APC.. Cynthia Fayard is his ex-wife and the mother of his three adult
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children: Chalyn Cynthia Fayard, a veterinarian~ Cathryn "Caroline" Fayard, zn attorney; and
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Calvin C. Fayard, III, an atto1·n.ey. Frances Gray Fayani is C~yin Fayum, Jr.'s cmrcnrt wife nnd
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is al10 an att~y. D. Blayne Honeycutt is Calvin FayamJ Jr.'s law partner at Fayard &
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Honeycutt, APC, and Valerie Honeycutt is his wife. Carolyn Mistoler allegedly was Calvin
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Fayard, Jr.'s personal and business bookkeeper during the relevant period. See Complaint at 2.
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Disclosure reports filed with the Commission show that the Fayard family members
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contributed over $655,000 to various federal candidates and committees since 1997. Calvin
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Fayard, Jr. has contributed over $280,000; Cynthia Fayard, who is retired, has contributed over
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$84,000; Chalyn Fayard has contributed over $45,000; Caroline Fayard has contributed over
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$45 ,ooo; Calvin C. Fayard, m, has contributed over $51 ,000; and Frances Gray Fayard has
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contributed over $149,000.
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B.
2010 Fedenl Contributions
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On October 26,2010, Chalyn Fayard contributed $10,000 to the federal account of the
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DSCCL. Commission disclosure reports show that other Fayard family members contributed an
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additional $55,000 to the federal account of the DSCCL in October 2010. Calvin C. Fayard, Jr.,
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Cynthia Fayard, and D. Blayne Honeycutt each contributed $10,000 on October 19,2010, and
MUR 65 19 (Calvin C. Fayard, Jr. et al)
Page 3 of6
Frances Gray Fayard contributed $5,000 on the same date. Caroline Fayard and Valerie
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Honeycutt each contributed S10,000 on October 26, 20 I 0. 1
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Complainant, a fonner paralegal at Fayard and Honeycutt, APC, alleges that Chalyn
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Fayard's $10,000 contribution was made with funds that her parents transferred into her bank
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account. See Complaint at 2-3. Complainant does not claim to have any direct knowledge of
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such a reimbursement, but alleges that Chalyn Fayard could not have afforded the S16,000
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contribution because site was a· veterinary doctoral student in Scotland and was unemployed at
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the time. See Complaint at 3.
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Chalyn Fayard asserts that, although she was a full-time graduate veterinary student at
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the time of her contributions, she had substantial personal assets and investments with which to
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make the contribution. See Response at 2. She submitted an affidavit stating that the $10,000
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contribution was made with personal funds, and was not reimbursed. ld She also provided
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infonnation showing that she received significant income from wages _and investments during
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2010. Chalyn Fayard further provided bank records showing the source of the funds used to
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make the $10,000 contribution. 2 See Supplemental Response dated April19, 2012 at 1.
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According to the bank records, Chalyn Fayard made the $10,000 federal contribution with
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check No. 846 dated October 26, 2010 fro1n her Ohase checking account. The check was
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The Commission's disclosure reports show that Caroline Fayard previously contributed $5,000 to the DSCCL's
federal account on July 13,2010 and that Frances Gray Fayard contributed $2,950 in August 2010. Although
Complainant alleged that Calvin Fayard lll's contributions to the DSCCL were alsp reimbursed, the committee's
reports show no federal contributions ftom Calvin Fayard III in 2010.
2
On Aprill9 and May 11, 2012, Chalyn Fayard voluntarily provided relevant bank records and a copy of a
personal financial statement.
MUR 6519 (Calvin C. Fayard, ·Jr. et al)
Page4 of6
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cashed on October 28, 2010 from equivalent funds Chalyn Fayard transferred from her Chase
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savings account.
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Without providing any details, Complainant also alleges that the $55,000 in federal
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contributions to the DSCCL reported as being made by various other Fayard family members
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and associates came from an unnamed source. Complainant provided no factual basis for the
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allegations. Those respondents assert that they made their contributions with personal funds,
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but they did not provide persenal finaneial information. See Response at 2.
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C.
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Fayard family members also made substantial non-federal contributions in 2010.
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2010 Nonfederal Contributions
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Complainant alleges that on January, 20,2011, the Louisiana Board of Ethics commenced an
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investigation into whether Calvin Fayard, Jr., Cynthia Fayard, and Caroline Fayard violated the
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Louisiana Campaign Finance Disclosure Act by making contributions in the name of another to
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evade Louisiana's $5,000 individual contribution limit to state candidates. See Complaint at 3.
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Complainant suggests that the Louisiana Board of Ethics investigation into nonfederal
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contributions indicates that Chalyn Fayard's $10,000 federal contribution to the DSCCL was
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part of a broader reimbursement scheme to support Caroline Fayard's 2010 candidacy for
Page 5 of6
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Lieutenant Governor of Louisiana. 4 See Complaint at 2-3. Respondents deny the allegations.
2
See Response.
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III.
ANALYSIS
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The Federal Election Campaign Act of 1971, as amended (''the Act''), prohibits a person
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from making a contribution in the name of another person, knowingly permitting one's name to
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be used to effect such a contribution, or knowingly accepting a contribution made by one person
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in the name of another. 2 U.S.C. § 441f; 11 C.F.R. § 110.4(b)(1). The Commission's
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regulations p~ahibit knowingly helping or assisting any person in making a coatribution ia the
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name ofsncther. 11 C.F.R. § 110.4(bXl)(iii). Contributions made to the DSCCL's federal
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account are subject to the limits and prohibitions of the Act. See 11 C.F.R. § 102.5(a).
Complainant alleges that the Fayards reimbursed. various contributions, including
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Chalyn Fayard's $10,000 contribution. Complainant's allegation regarding Chalyn Fayard
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relies on the premise that as a full-time student she would not have the funds to make a S10,000
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contribution. The available evidence does not support the allegation. Chalyn Fayard provided a
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sworn affidavit declaring that she made the S10,000 contribution with personal funds, and that
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she was not reimbursed. She also provided bank records showing that she had sufficient
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existing fimds in her bank accounts to fund the contribution, and that the contribution was made
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with fuadtt sha transferred from bar savings ac11ount. There iB no available information that
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casts any doubt as to the ver&:ity of the statements in Chalyn Fayud's sworn affidavit.
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During the 2010 eleetion cycle. Caroline Fayard was a fU"St-time ciiBdidate for Lie'Uienant Governor Ia the state
of Louisiana. She received sufficient votes in an October 2.2010 special election to run against Louisiana's
Secretary of State Jay Dardenne in a November 2.2010 runoff election. The special election followed the
resignation of fonner Lieutenant Governor. Mitch Landrieu, who became Mayor ofNew Orleans. See Ed
Anderson, Race for Louisiana'a [sic] Next Lieutenant Governor Heats Up, Times-Picayune (Oct. 21. 2010).
Page 6 of6
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Therefore, the Commission finds no reason to believe Chalyn Fayard, Calvin F~yard, Jr., or
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Cynthia Fayard violated 2 U.S.C. § 441for 11 C.F.R. § 110.4(b)(l) with regard to the $10,000
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federal contribution reported as having been made by Chalyn ~ayard.
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Complainant further alleges that various other federal contributions the DSCCL reported
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as being made by Chalyn Fayard's parents, siblings, and the Honeycutts in 20_10 were
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reimbursed. Complainant provided no infonnation to support the allegations, hc.wcver, and
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respondents have denied the allegations.
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believe Calvin Fayard, Jr., Cynthia Fay111:l, Caroline Fayard, Calvin C. Fayard, lll, Frances
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Gray Fayard, D. Blayne Honeycutt, and Valerie Honeycutt violated 2 U.S.C. § 441for
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the Commission also fmds.no Juason to
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11 C.F.R. § 110.4(b)(1) in connection with federal contributions to the DSCCL reported as
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having been made in their names.
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Finally, Complainant alleges that Carolyn Mistoler, the Fayard and Honeycutt law finn's
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bookkeeper, helped or assisted the family with the purported reimbursement scheme. Based on
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the above discussion, the Commission further finds no reason to believe Ms. Mistoler violated
IS
2 U.S.C. § 44lfor 11 C.F.R. § 110.4(b)(1).
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JUN'2 2 2012
Ravi K. Sangisetty, Esq.
Sangisetty & Samuels, LLC
610 Baronne Street, 3rd Floor
RE:
MUR6519
Cynthia Fayard
Dear Mr. Sangisetty:
On December 23,2011, the Federal Election Commission notified your client, Cynthia
Fayard, of a complaint alleging violations of certain sections of the Federal Election Campaign
Act of 1971, as amended ("the Ac\''). On June 18,2012, the Commission found, on the basis of
the information in the complaint, and information provided by you, that there is no reason to
believe Cynthia Fayard violated 2 U.S.C. § 441f, a provision oftlle Act, or 11 C.F.R.
§ ll0.4(b)(l) ofthe Commission's regulations. Accordingly, the Commission closed its file in
this m~tter.
Document& related to the cae will be plaeed on the public record within 30 days. See
Counsel's Reports on the Public Record, 74 Fed. Reg. 66,132 (Dec. 14, 2009). The Factual and
Legal Analysis, which explains the Commission's findings, is enclosed for your information.
matter, at (202) 694-1650.
Enclosure
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Cynthia Fayard
Chalyn Fayard
Calvin C. Fayard, 1!1
Frances Gray Fayard
Carolyn Mistoler
D. Blayne Honeycutt
Valerie Honeycutt
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I.
MUR: 6519
INTRODUCTION
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their daughter Chalyn Fayard used for a $10,000 contribution to the fede.ral account of the
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maintain that Chalyn Fayard used her own funds for the contribution and provided information
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generally alleges that additional contributions the DSCCL's federal account reported as being
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As discussed below, the available information shows that Chalyn Fayard made the
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additional federal contributions made in tbe names ofvario.us other Fayard family members and
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associates are based on speculation and have been denied. Therefore, the Commission finds no
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Page 2 of6
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A.
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FACTS
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II.
Background
Calvin Fayard, Jr. is a Louisiana attorney and one of two named partners of the law finn
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Fayard & Honeycutt, APC. Cynthia Fayard is his ex-wife and the mother of his three adult
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children: Chalp1 Cynthia Fayard, a veterinarian; Cathryn "Caroline" Fayard, arr attorney; and
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Calvin C. Fayard, lll, an attomey. Frances Gray Fayard is Calvin Faynrd, Jr.'s cummt wife nnd
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is also an attomey. D. Blayne Honeycutt is Calvin Fayard, Jr.'s law partner a! Fayard &
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$45,000; Calvin C. Fayard, ni, has contributed over $51,000; and Frances Gray Fayard has
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contributed over $149,000l
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B.
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On October 26, 2010, Chalyn Fayard contributed $10,000 to the federal account of the
2010 Federal Contribution
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Page 3 of6
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Honeycutt each contributed $10,000 on October 26, 2010. 1
Complainant, a former paralegal at Fayard and Ho~eycutt, APC, alleges that Chalyn
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such a reintbursement, but alleges that Chalyn Fayard could not have afforded the S10,000
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contribution becaDJc slm was a vetariuury dnctortd studdllt in Scotland and wall unemployed at
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the tim.e. See Compktint at 3.
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make the contribution. See Response at 2. She submitted an affidavit stating that the SI 0,000
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contribution was made with personal funds, and was not reimbursed. Id She also provided
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information showing that she received significant income from wages and investments during
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make the S10,000 contribution. 2 See Supplemental Response dated April 19, 2012 at 1.
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According to the bank reconis, Chalyn Fayard made the $10,000 federal COlltrlbution with
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check No. 846 dated October 26, 2010 frllll[l hCII Chase chcckiq accmmt. The check was
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The Commission's disclosure reports show that Caroline Fayard previously contributed SS,OOO to the DSCCL's
Complainant alleged that Calvin Fayard Ill's contributions to the DSCCL were also reimbuned, the committee's
reports show no federal contributions from Calvin Fayard III in 2010.
2
On April 19 and May 11, 2012, Chalyn Fayard voluntarily provided relevant bank records and a copy of a
personalfinanalal at11.emant.
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MUR 6S 19 (Calvin C. Fayard, Jr. et al)
Page 4 of6
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cashed on October 28, 201 0 from equivalent funds Chalyn Fayard transfeiTed from her Chase
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savings account.
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but they did DDt provide personal financial infonnation. See Response at 2.
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Complainant alleges that on January, 20,2011, the Louisia."la Board of Ethics commenced an
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p~ of a broader reimbursement schemr. to
support Caroline Fayard's 2010 candidacy for
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See Response.
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III.
ANALYSIS
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The Federal Election Campaign Act of 1971, as amended ("the Act"), prohibits a person
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from making a contribution in the name of another person, knowingiy permitting one's name to
6
be used to eftect sueh a contl'ibotion, or knowingly accepting a cm1tribution made by one person
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in tlie nwne ofanuthcr. 2 U.S.C. § 441f; 11 C.P.R.§ 110.4(b)(l). The Commission'!!
8
regulations ptobibit knowingly helping or assisting any person in making a contribution in the
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name, of another. 11 C.F.R. § ll0.4{b)(l)(iii). Con,tribut.ions made to the DSCCL's federal
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account are subject to the limits and prohibitions ofthe Act. See 11 C.F.R. § 102.S(a).
Complainant alleges that the Fayards reimbursed various contributions, including
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relies on the premise that as a full-time student she would not have the funds to make a $10,000
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IS
sworn affidavit declaring that she made the $10,000 contribution with personal funds, and that
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she was not 1eimbursed. She also provided bank ~cords showing that sh~ 118d sufficient
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existing fimds in her bank 8lJCOunts to fund the contribution, and that the contribution was made
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wi1:h fuads she traftsferred :ii10m her savings am.onot. There is no available informatiall 'iitat
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casts any doubt as to the veracity of the statements in Chalyn Fayard's sworn affidavit.
4
During tha 2U I0 election cycle, CarOline Fayard 'W98 a rust-timo candidate for Liautenant Governor ia the statt
of Louisiana. She received sufficient votes in an October 2, 2010 special election to run against Louisiana's
Secmtary of State Jay Dardenne in a November 2, 2010 nmeft' election. The special election followed the
resignation of former Lieutenant Governor, Mitch Landrieu, who became Mayor of New Orleans. See Ed
Anderson, Race for Louisiana'a {sic] NeJ&t Lieutenant Governor Heats Up, Times-Picayune (Oct. 21, 2010).
MUR 6S 19 (Calvin C. Fayard, Jr. et al)
Page 6 of6
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Therefore, the Commission finds no reason to believe Chalyn Fayard, Calvin Fayard, Jr., or
2
Cynthia Fayard violated 2 U.S.C. § 44lf or 11 C.F.R. § 110.4(b)(l) with regard to the $10,000
3
federal contribution reported as having been made by Chalyn Fayard.
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as being made by Chaiyn Fayard's parents, siblings, and the Honeycutts in 2010 were
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reimbW'Sed. Con1plainant provided no information to support the allegatioJJ.s, however, and
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respondents have denied the allegations. Therafm·e, the Connnission also finds no mason ID
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believe Calvin Fayard, Jr., Cynthia Fayard, Caroline Fayard, Cnlvin C. Fayard, III, Frances
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Gray Fayard, D. Blayne Honeycutt, and Valerie Honeycutt violated 2 U.S.C. § 44lfor
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11 C.F.R. § 110.4(b)(1) in connection with federal contributions to the DSCCL reported as
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2 U.S.C. § 441for I 1 C.F.R. § 110.4(b)(l).
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VIA FAX CS04-SS8-9482l AND FIRST CLASS MAIL
JUN··2 2 2012
.Kara Hadican Samuels, Esq.
Sangisetty & Samuels, LLC
610 Baronne Street, 3rd Floor
RE:
MUR6519
Caroline Fayard
Dear Ms. Samuels:
On DecembeJi 23,2011, the Federal Election Commission notified your client, Caroline
Fayard, of a complaint alleging violations of certain sections of the Federal Election Campaign
Act of 1971, as amended ("the Act"). On June 18,2012, the Commission found, on the basis of
the infonnation in the complaint, and information provided by you, that there is no reason to
believe Caroline Fayard violated 2 U.S.C. § 441f, a provision of the Act, or 11 C.F.R.
§ 110.4(b)(l) of the Commission's regulations. Accordingly, the Cmnmissioaclosed its file in
this matter.
Documents related to the case will be pl~ on the public record within 30 days. See
· Statement of Policy Regarding Disclosure of Closed Enforcement and Related Files,
Legal Analysis, which explains the Commission's findings, is enclosed for your information.
If you have any questions, please contact Katnau Philbert, the attorney assigned to this
·
matter, at (202) 694.. 1650.
Enclosure
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Cynthia Fayard·
Chalyn Fayard
Calvin C. Fayard, III
Frances Gray Fayard
Carolyn Mistoler
D. Blayne Honeycutt
Valerie Honeycutt
I.
MUR: 6519
INTRODUCTION
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their daughter Chalyn Fayard used for a $10,000 contribution to the federal account of the
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Democratic State Central Committee of Louisiana ("DSCCL'') in October 2010. Respondents
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As disouased helow, the available infal'mation shows that Chalyn Fayard made the
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$10,000 fedeml contribution with her own funds. Further, the less specific allegations regarding
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additional federal contributions made in the names of Various other Fayard family members and
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MUR 65 19 (Calvin C. Fayard, Jr. et a()
Page 2 of6
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FACTS
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II.
Background
Calvin Fayard, Jr. is a Louisiana attorney and one of two named partners of the law firm
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children: Chalyn Cynthia Fayard, a veterinarian; Cathryn "Caroline" Fayard, au1 attorney; and
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Calvln C. Fayard, HI, an attmuey. Frances Gray F11yani is Calvin Fayard, Jr.'s cmnmt wife and
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is aiS[I on. attorney. D. Blayne Honeycutt is Calvin Fayud, Jr.'s law partner at Fayard &
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$45,000; Calvin C. Fayard, III, has contributed over $51,000; and Frances Gray Fayard has
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B.
1010 Feder'81 Contributions
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On October 26, 2010, Chalyn Fayard contributed S10,000 to the federal account of the
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DSCCL. Commission disclosure reports show that other Fayard family members contributed~
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Page 3 of6
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2
Honeycutt each contributed $10,000 on October 26, 20 I 0. 1
Complainant, a former paralegal at Fayard and Honeycutt, APC, alleges that Chalyn
3
q"
'q'
till
4
5
6
such a reimbursement, but alleges that Chalyn Fayard could not have afforded the S10,000
7
contribution because she was a veterinary doctoral student in Sootland and wu unempbJycd at
8
qo
\""1
lil
q·
q"
0
N
9
Chalyn Faya..rd asserts that, although she was a full-time graduate veterinary student at
10
11
make the contribution. See Response at 2. She submitted an affidavit stating that the $10,000
12
contribution was made with personal funds, and was not reimbursed. Id. She also provided
13
14
15
make the $10,000 contribution.2 See Supplemental Response dated April19, 2012 at 1.
16
According to the bank records, Chalyn Fayard nUlde the $10,000 federal contribution ·with
17
check No. 846 dated October 26, 2010 ftom her Chase checking account. The check was
.....
1
federal aceount on July 13,2010 and that Frances Gray Fayard contributed S2,9SO in August 2010. Although
Complainant alleged that Calvin Fayard Ill's contributions to the DSCCL were also reimbursed, the committee's
reports show no federal contributions fi'om Calvin Fayard III in 20 10.
2
On Aprill9 and May 11,2012, Chalyn Fayard voluntarily provided relevant bank records and a copy of a
personal financial satumcmt.
Page 4 of6
cashed on October 28, 20 I 0 from equivalent funds Chalyn Fayard transferred from her Chase
2
3
savings account.
4
5
6
N1l
q·
7
but they did not provide perse:u.al finaneiad infonnation. See Response at 2.
.-u
8
C.
9
Lnl
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s
N
.....
10
11
12
13
14
15
16
17
· Complainant suggests that the Louisi~ Board of Ethics investigation into nonfederal
18
19
MUR 6S 19 (Calvin C. Fayard, lr. et al)
PageS of6
t.O
'q'
,....
1
2
See Response.
3
III.
ANALYSIS
4
s
6
be used to e:ffect such- a contribution, or knowingly accepting a contribution made by one person
7
in the name ofarlOthcu·. 2 U.S.C. § 44lf; 11 C.F.R. § 110.4{b)(l). The Couunission's
8
regulatioftS prohibit knowingly helping or assisting any person in making a contribution in the
9
name of another. 11 C.F.R.. § J 10.4(b)(l)(iii). Contributions made to the DSCCI..'s federal
q'
....
Nl!
~3"
q'
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N
.....
10
11
12
13
14
15
16
she was not n:imbursed. She also provided bank records showing that she had sufficient
17
existing funds in her bank accounts to fund the contribution, and that the contribution was made
18
with fuads she transferred from her savings account. There is no available infonnation that
19
ca~s
aRY doubt as to the veracity of the statements in Chalyn Fayard's swom affidavit.
4 During the 2010 election cycle, Caroline Fayard was a fLrat-time candidate for Licutoll8llt Governor in the state
Secretary of State Jay Darden-ne in a November 2, 20 1D runoff election. The special election followed the
resignation offonner Ueutenant Governor, Mitch Landrieu, who became Mayor ofNew Orleans. See Ed
Anderson, Race for Louisiana'a [sic] Next Lieutenant Governor Heats Up, Times-Picayune (Oct 21, 2010).
Page 6 of6
1
2
Cynthia Fayard violated 2 U.S.C. § 441for 11 C.F.R. § 110.4(b)(l) with regard to the $10,000
3
4
s
as being made by Chalyn Fayard's parents, siblings, and the Honeycutts in 2010 were
q·
6
reimbursed. COiltplainant provided no information to support the allegations, however, and
q'
7
respondents have mmiad t.Be allegntioas. Therefore, the CoDlmissiou also finds no reason to
Nll
8
believe Calvin Fayard, Jr., Cynthia Fay&rGI. Caroline Fayard, Calvin C. Fayard, III, .frances
C)
9
Gray Fayard, .D. Blayne Honeycutt, and Valerie Honeycutt violated 2 U.S.C. § 441for
~.
.....
f"i
q·
q·
N
..-1
10
11 C.F.R. § 110.4(b)(l) in connection with federal contributions to the DSCCL reported as
11
12
Finally, Complainant alleges that Carolyn Mistoler, the Fayard and Honeycutt law firm's
13
14
15
2 U.S.C. § 44lfor 11 C.F.R. § ll0.4(b)(l).
16
100
lq
JUN·2 2 2012
Jennifer Thornton, Esq.
Stanley, Reuter, Ross, Thornton & Alford, LLC
909 Poydras Street, #2500
1'111
RE:
lq'
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.-11
MUR6519
Chalyn Fayard
Frances Gray Fayard
D. Blayne Honeycutt
Valerie Honeycutt
Carolyn Mistoler
Dear Ms. Thornton:
On December 23,2011, the Federal Election Commission notified your clients, Chalyn
Fayard, Calvin C. Fayard, Ill, Frances Gray Fayard, D. Blayne Honeycutt, Valerie Honeycutt, and
Carolyn Mistoler, of a complaint alleging violations of certain sections of the Federal Election
Campaign Act of 1971, as amended ("the Act''). On June 18, 2012, the Commission found, on
the ba.~s of the information in the complaint, and information provided by you, that there is no
reason to believe your clients violated 2 U.S.C. § 44lf, a provision of the Act, or 11 C.F.R.
§ 110.4(b)(l) ofthe Commission's regulations. Accordingly, the Commission closed its file in
this matter.
Doc~e11ts related to the case will be placed on the public record within 30 days. See
Statemant of Policy Regarding DisclosW'e of Closed Enforcemeul and Related Files,
Legal Analysis, which explains the Commission's findings, is enclosed for your infonnation.
JeMifer Thornton, Esq.
MUR 6519 {Fayard, eta/.)
Page2
matter at (202) 694-1650.
Sincerely,
cpU
Mark D. Shonkwiler
Assistant General Counsel
0)
q'
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;qq'
(;)
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'""'
Enclosure
1
2
3
4
5
6
Cynthia Fayard
Chalyn Fayard
Frances Gray Fayard
Carolyn Mistoler
D. Blayne Honeycutt
Valerie Honeycutt
7
8
9
10
11
12
13
MUR: 6519
14
15
16
17
I.
INTRODUCTION
18
19
Democratic State Central Committee of Louisiana (''DSCCL") in October 2010. Respondents
20
21
22
23
24
25
As discussed ~low, the available information shows that Chalyn Fayard mmie the
26
27
additional federal contributions made L'l the names of v.arlous other Fayard family members and
28
29
30
MUR 65 19 (Calvin C. Fayard, Jr. eJ al)
Page 2 of6
1
A.
3
5
~I
FACfS
2
4
.-a
II.
Backg,ound
Calvin Fayard, Jr. is a Louisiana attorney and one of two named partners of the law fmn
and the mother of his three adult
6
Fayard & Honeycutt, APC. Cynthia Fayard is his ex-wife
7
children: ChalJll Cynthia Fayard, a veterinadan; Cathryn "Caroline" Fayard, an attorney; and
8
Calvin C. Fayard, Ill, an attorney. Frances Gray Fayard is Calvin Fayard, Jr.'s cl.H11Hlt wife and
9
is also an attorney. D. Blayne Honeycutt is Cal'".n Fayard, Jr.'s lsw pa.rtllcr at Fayard &
till
q·
I~q·
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~
N
r-11
10
11
12
13
14
15
$84,000; Chalyn Fayard has contributed over $45,000; Caroiine Fayard has contributed over
16
$45,000; Calvin C. Fayard, IH, has contributed over $51,000; and Frances Gray Fayard has
17
18
B.
19
On October 26, 2010, Chalyn Fayard contributed $10,000 to the federal account of the
2010 Federal Contributions
20
21
22
Cynthia Fayard, and D. Blayne Honeycutt each contributed $10,000 on October 19, 2010, and
Page 3 of6
1
2
Honeycutt each contributed $10,000 on October 26,2010. 1
3
Complainant, a fonner paralegal at Fayard and Honeycutt, APC, alleges that Chalyn
4
5
6
such a reimbursement, but 'alleges that Chalyn Fayard could r:tot have afforded the $10,000
7
contribution because she was a veterinmy doctoml student in Scadand and was unemployed at
~
,....
8
q'
q"
9
N
Ll"11
"'11
q'
Chalyn Fayard asserts ~ltat, although she was a full-time graduate veterinary student at
0)
N
10
11
make the contribution. See Response at 2. She submitted an affidavit stating that the $1 0,000
12
13
14
15
make the $10,000 contribution.2 See Supplemental Response dated April19, 2012 at 1.
16
According to the bank records, Chalyn Fayard made the S10,000 federal contribution with
17
check No. 846 dated October 26, 2010 from her Chase Clbecking account. The check was
11"'1
1
The Commission's disclosure reports show that Caroline Fayard previously Qantributed SS,OOO to the DSCCL's
federal account on July 13,2010 and that Frances Gray Fayard wntributed S2,9SO in August 2010. Although
Complainant alleged that Calvin Fayard 111•s contributions to the DSCCL were also reimbursed, the committee•s
reports show no federal contributions from Calvin Fayard Ill in 2010.
2
On April 19 and May 11, 2012, Chalyn Fayard voluntarily provided relevant bank records and a copy of a
personal financial statement.
Page4 of6
I
cashed on October 28, 201 0 from equivalent funds Chalyn Fayard transferred from her Chase
2
savings account.
3
til
a.n
I'll!
4
s
6
7
but they did not provide personal finaneial information. See Response at 2.
q'
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,q'
q'
8
C.
9
a
N
f'"'1l
10
11
12
13
14
15
16
17
18
19
PageS o£6
See Response.
3
IlL
ANALYSIS
4
The Federal Election Campaign Act of 1971, as amended (''the Act"), prohibits a person
5
6
be used to effect ~11ch a contribution, or knowingly accepting a contribution made by one person
a.n
7
in the name of another. 2 U.S.C. § 441f; 11 C.F.R. § 110.4(b)(l). The Commission's
till
q·
8
regulations prcmibit knowingly helping or assisting any person in makiag a coatribution in the
9
name of another. 11 C.F.R.. § l10.4(bXl)(iii). Contributions made to the DSCC!. .'s federal
q
I
2
....
til
1:0
10
account are subject to the limits and prohibitions of the Act See 11 C.F.R. § 102.5(a).
N
~
11
Complainant alleges that the Fayards reimbursed various· contributions, including
12
13
14
15
sworn affidavit declaring that she made the $10,000 contribution with personal funds, and that
16
she was not reimbursed. She also provided bank records showing that she had sufficient
17
existing fimds in her bank accounts to fund the oontribution, and that the contllibution was made
11
with funds shr. transferred from her savings accQUilt. Their. is no available inform.ation that
19
casts any doubt as to the veracity of the statements in Chalyn Fayatd's swom affidavit
4
During the 2010 election cycle:. Caroline Fayard was a first-time candidate for Li=utenant Governor iR the state
Secretary of State Jay Dardenne in a November2. 2010 runoff election. The special election followed the
resignation offonner Lieutenant Governor, Mitch Landrieu. who became Mayor of New Orleans. See Ed
Anderson, Race for Loulsiana'a {sic} Nezt Lieutenanl Governor Heals Up. Times-Picayune (Oct. 21. 2010).
Page6of6
1
2
Cynthia Fayard violated 2 U.S.C. § 44lfor 11 C.F.R. § 110.4(b)(l) with regard to the $10,000
3
4
s
6
reimbw'Sed. Complainant provided no infonnation to support the allegations, however, and
q"
7
respondents lmve diJnied tile allegntioDJs. Therefore, tbe Commission also finds no Jeason to
""''
8
believe Cnlvin Fayard, Jr., Cynthia Fayard, Caroline Fayard, Calvin C. Fayard, Ill, Frances
0
9
Gray Fayard, 04 Blayne Honeycutt, and Valerie Honeycutt violated 2 U.S ..C. § 441for
Ln
1.1'11
til
rf1l
q'
q'
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"""
10
11 C.F.R. § 110.4(bXl) in connection with federal contributions to the DSCCL reported as
11
12
13
14
the above discussion, the Commission further fmds no reason to believe Ms. Mistoler violated
15
2 U.S.C. § 441f or 11 C.F.R. § 110.4(b)(l).
16
JUN·2 2 2012
CERTIFIED MAIL
RE'IURN RECEI~ REQUESTED
Kevin P. LeMaire
Prairieville, LA 70769
RE:
MUR6519
Dear Mr. LeMaire:
On June 18, 2012, the Federal Election Commission reviewed the allegations in your
complaint dated December 7, 2011, and found that on the basis of the infonnation provided in
your complaint, and information provided by the Respondents, there is no reason to believe
Chalyn Fayard, Calvin C. Fayard, Jr., Cynthia Fayard, Cathryn Caroline Fayard, Calvin C.
Fayard, ill, Frances Gray Fayard, D. Blayne Honeycutt, Valerie Honeycutt, and Carolyn Mistoler,
violated 2 U.S.C. § 441f, a provision of the Federal Election Campai~-t. Act of 1971, as atntmded,
or 11 C.F.R. § 110.4(b)(l) of the Commission's regolations~. Acoordingly, on June 18, 201.2, the
Co01mission cloaed the file in this :r.BBtter.
Documents related to the case will be plaGcd on. the public record within 30 days. See
68 Fed. Reg. 70,426 (Dec. 18, 2003) and Statem~nt of Policy Regarding Placing First General
Legal Analysis, which more fully explains the Commission's findings, is enclosed.
The Federal Election Campaign Act of 1971, as a!nended, allo\vs a complainant to seek
judicial roview of the Commission's dismissal of this action. See 2 U.S.C. § 437g(a)(8).
Sincerely,
BY:
Enclosure
1
2
3
4
5
Cynthia Fayard
Chalyn Fayard
Frances Gray Fayard
Carolyn Mistoler
D. Blayne Honeycutt
Valerie Houeycutt
6
7
8
9
10
11
12
13
14
IS
16
17
N
t-11
I.
MUR: 6519
INTRODUCTION
18
19
20
21
22
generally alleges that additional contributions the DSCCL 's federal account reported as being
23
made by Fayard family members and associates came from an wmamed source. Respondents
24
25
As disoussed below, the availElble infatmation ahows that Chalyn. Fayard made the
26
S10,000 fedetal contribution with her own funds. Further, the less specific allegations regarding
27
additional federal contributions made in the names of various other Fayard family members and
28
29
30
.
.
.
.
....
--.- .........
~.
. ....
. . "' .
Page 2 of6
1
II.
FACTS
2
A.
3
4
5
Background
Calvin Fayard, Jr. is a Louisiana attorney and one of two named partners of the law firm
6
(Jll
7
children: Chalyn Cynthia Fayard, a veterinarian; Cathryn "Caroline" Fayard, m attorney; and
till
8
Calvin C. Fayard, III, an attorney. Fnmces Gray Fayard is Calvin Faynrd, Jr.'s cm'lllltt wife nnd
9
is also an attorney. D. Blayne Honeycutt is Calvin Fayard, Jr.'s law parbler at Fayard &
...,,
'q'
.-il
""'
q
q
10
11
0
N
1""11
12
13
14
15
$84,000; Chalyn Fayard has contributed over $45,000; Caroline Fayard ~ contributed over
16
$45,000; Caivin C. Fayard, III, has contributed over $Sl,OOO; and Frances Gray Fayard has
17
18
B.
2010 Federal Coutribmtions
19
On October 26,2010, Chalyn Fayard contributed $10,000 to the federal account of the
20
21
additional SSS,OOO to the federal account of the DSCCL in October 2010. Calvin C. Fayard, Jr.,
22
MUR 6519 (Calvin C. Fayard, Jr. et a/)
Page 3 of6
1
2
Honeycutt each contributed $10,000 on October 26,2010. 1
Complainant, a former paralegal at Fayard and Honeycutt, APC, alleges that Chalyn
3
4
5
6
such a reimbursement, but alleges that Chalyn Fayard could not have afforded the $10,000
ttl!
7
conttibution because she was a veterinacy doctoral student in Sootland and was unemployed at
.....
8
s
(.01
q·
~
.q·
1-=.r
0
N
.-tl
9
10
11
make the conbibution. See Response at 2. She submitted an affidavit stating that the $10,000
12
13
14
15
make the $10,000 contribution? See Supplemental Response dated April19, 2012 at 1.
16
According to the bank records, Chalyn Fayard made the $10,000 federal contribution with
17
check No. 846 dated October 26, 2010 frum her Chase checking account. The check was
1
Complainant alleged that Calvin Fayard III's contributions to the DSCCL were also reimbursed, the committee's
reports show no federal contributions fi'om Calvin Fayard Ill in 2010 .
.
2
On April19 and May II, 2012, Cbalyn Fayard voluntarily provided relevant bank records and a copy of a
personal finlllcial statement.
Page 4 of6
I
cashed on October 28, 201 0 from equivalent funds Chalyn Fayard transferred from her Chase
2
savings account.
3
r-11
(J)
4
5
6
7
but they did not provide personal financial information. See Response at 2.
1'111
q
root!
tfll
8
C.
9
0
10
11
12
13
1:
2010 Nonfedeml Contributions
N
....
14
15
16
17
18
19
part of a broader reimbursement scheme to support Camliue Fayard's 2010 candidacy for
PageS of6
1
2
See Response.
3
III.
ANALYSIS
4
s
6
be used to effect sueb a contribution, or knowingly accepting a contribution made by one person
7
in the nmu:e of another. 2 U.S.C. § 441f; 11 C.F.R. § 110.4(b)(l). The Commission's
8
reHulations prohibit knowingly helping or assisting any person in makiag a contribution in the
q·
q·
0
9
name of another. 11 C.F.R. § l10.4(b)(l)(iii). Contributions made to the DSCCL's federal
N
10
N
lD
till
q'
.-11
fill
.-a
11
12
13
relies on the premise that as a full-time student she would not have the funds to make a S10,000
14
15
16
she was not reimbursed. She also pJ'Qvided bunk records showing that she had sufficient
17
existing funds in her bauk acemalis to fistld the oontribution, and that tim centribudon wos made
18
with1 funds she transferred from her savings account. There is no available infannation that
19
casts any doubt as to the veracity of the statements in Chalyn Fayard's sworn affidavit.
4
During tho 2010 election cycle, Caroline Fayard was a fint-time candidate for Lieutenant Governor Jn the ltl1ll
Secretary of State Jay Dardenne in a November 2, 2010 runoff election. The special elec:tion followed the
resignation of former Lieutenant Governor, Mitch Landrieu, who became Mayor ofNew Orleans. See Ed
Anderson, Racefor Louisiana'a [sic] Next Lieutenant Governor Heats Up, Times-Picayune (Oct. 21, 2010).
MUR 65 19 (Calvin C. Fayard, Jr. el al)
Page 6 of6
1
2
Cynthia Fayard violated 2 U.S.C. § 44Ifor 11 C.F.R. § 110.4(b)(l) with regard to the $10,000
3
4
tfll
U)
1'111
5
6
reimbursed. Complainant provided no information to support the allegations, however, and
7
respondents have denied the allegations. Therefore, the Commissiou also fmds no reason to
8
believe Calvin Fayard, Jr., Cynthia Fayard, Caroline Fayard, Cnlvin C. Fayard, Ill, Frances
9
Gray Fayard, D. Blayne Honeycutt, and Valerie Honeycutt violated 2 U.S.C. § 441f or
q'
f"i
1'111
q'
q'
0
c'\JI
.....
10
II C.F.R. § 110.4(b)(l) in connection with federal contributions to the DSCCL reported as
11
12
Finally, Complainant alleges that Carolyn Mistoler, the Fayard and Honeycutt law firm's
13
14
the above discussion, the Commission further fmds no reason to believe Ms. Mistoler violated
15
2 U.S.C. § 441for 11 C.F.R. § 110.4(b)(l).
16

calvin fayard

Transcription

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