FEDERAL ELECTIONS COMMISSION

IN THE MATTER OF:

MUR___

Debbie Wasserman Schultz, individually,
Debbie Wasserman Schultz for Congress,
and the Democratic National Committee
___________________________________/

COMPLAINT

Tim Canova brings this complaint before the Federal Elections Commission ("FEC"), pursuant to 52 U.S.C. § 30109 (a), seeking an immediate investigation and enforcement action against Debbie Wasserman Schultz, individually, Debbie Wasserman Schultz for Congress and the Democratic National Committee for direct and serious violations of the Federal Election Campaign Act ("FECA") of 1971, as amended Title 52 United States Code, Chapter 301, Subchapter 1. The FECA established the Federal Elections Commission which is responsible for the administration and enforcement of federal elections law and campaign finance laws.
 

Parties and Jurisdiction

1. Debbie Wasserman Schultz (FEC Candidate ID #H4FL20023) is the now former chairwoman of the Democratic National Committee ("DNC"), a member of Congress and a candidate for re-election to the House of Representatives (See Debbie Wasserman Schultz for Congress FEC Committee ID # C00385773).

2. As a candidate for Federal office, 52 U.S.C. § 30101 (2) & (3) applies to Respondent Wasserman Schultz, individually.

3. Additionally, 52 U.S.C. § 30101 (5) applies to Debbie Wasserman Shultz for Congress which is also subject to the jurisdiction of the FEC.

4. As the now former 4 chairwoman of the DNC, Respondent Wasserman Schultz is also subject to the FEC's jurisdiction under 52 U.S.C. §30101(14).

5. The DNC is a national committee as defined by FECA, 52 U.S.C. §30101(14) and, as such is subject to the jurisdiction of the FEC.

6. Ryan Banfill, on information and belief, is an agent of both the DNC and of Respondent Wasserman Schultz's reelection campaign.

7. Steven Paikowsky on information and belief is, a Senior Advisor in the U.S. House office of Rep. Debbie Wasserman Schultz and the Campaign Manager of Debbie Wasserman Schultz for Congress. 

8. SKD Knickerbocker, on information and belief, is an agent of the DNC. Hilary Rosen, on information and belief, is agent of SKD Knickerbocker.

9. Luis Miranda, on information and belief, is an agent of the DNC.

10. Dave Beattie, on information and belief, is an agent of the DNC.

11. Tracie Pough, on information and belief, is an agent of the DNC. 2 Kate Houghton, on information and belief,

12. is an agent of the DNC.

13. Marc Paustenbach, on information and belief, is an agent of the DNC.

14. Raul Alvillar, on information and belief, was an agent of the DNC at the times operative to this complaint.

15. Complainant, Tim Canova is a candidate for Congress and is the sole Democratic primary opponent against Respondent Wasserman Schultz for election to represent Florida's 23ld District in Congress1.

16. On information and belief, Complainant has been harmed by Respondent Wasserman Schultz's illegal use of DNC resources and staff in furtherance of her primary election campaign.

12. Under the FECA, 52 U.S.C. §30104(a)(2); 11 C.F.R. § 104.1, Respondent Wasserman Schultz is required to disclose contributions to her campaign (including in kind contributions).

13. Complainant is harmed when the FEC fails to properly administer the FECA's protections as outlined under amended Title 52 United States Code, Chapter 301, Subchapter 1.

1 Please see FEC Committee ID # C00602920. Tim Canova has qualified as a Democratic Candidate for United States House of Representatives, to represent Florida District 23 by the Florida Department of State.

Factual Allegations

17. Debbie Wasserman Schultz improperly and illegally utilized resources 3 of the DNC to support her re-election campaign.

18. Emails that establish that 18. on numerous occasions the DNC, under Respondent Wasserman Schultz's direction and control, used its resources to track Tim Canova, interfere with Tim Canova events and to assist the Wasserman Schultz campaign in communications strategy. None of this activity is reflected on FEC reports filed by Respondent Wasserman Shultz

19. For example, on May 21, 2016, Senator Bernie Sanders endorsed T Tim Canova's congressional campaign . On the same day, Luis Miranda, Hillary Rosen, Tracie Pough, Ed Peavy and Dave Beattie and Ryan Banfill all engaged in 19. extensive communications concerning the Debbie Wasserman Schultz campaign's reaction to the Sanders endorsement of Canova. The group identified itself as a "team".

20. Respondent Wasserman Schultz was directly involved in these discussions with this "team" of DNC employees and consultants relative to her campaign. Please see Exhibit 3, an email (the subject line of the email states: Re: Debbie... please approve... team thinks this is the right approach..."High Road"), 2 Please see the following hyperlink: https://wikileaks.org/dnc-emails/?q=Tim+Canova&mfrom=&mto=&title=&notitle=&date_from=&date_to=&nofrom=&noto=&count=50&sort=0#searchresult Please see attached as Exhibit 1, an email from Luis Miranda, DNC communications director concerning the Sanders endorsement of Tim Canova. See also, Exhibit 2 an email from Tracie Pough (Debbie Wasserman Schultz's Chief of Staff at the DNC) to Luis Miranda (DNC Communications Director), Hilary Rosen (an agent of SKD Knickerbocker, who is a communications consultant to the DNC). 4 from Debbie Wasserman Schultz4 instructing staff to remove Tim Canova's name from a press release. Exhibit 4 is an email from same chain of emails referenced in Exhibit 3. In Exhibit 4, Ryan Banfill (a spokesman for the Debbie Wasserman Schultz and a Senior Communications Advisor for the DNC) asked Respondent Wasserman Schultz if the press statement worked on by DNC Communications "team" should be released by the DNC or the Wasserman Schultz campaign and Respondent Wasserman Schultz replied, "Campaign".

21. Wasserman Schultz and her staff understood it was wrong to utilize DNC resources to benefit her campaign. Luis Miranda explained in an email to Daily Beast reporter Jackie Kucinich, "He endorsed her opponent in her congressional re-election campaign, we're not running that from the DNC." Please see Exhibit 5. The facts established herein undermine this claim.

22. On information and belief, the DNC paid the team of national, senior communications and political professionals significant sums of money for their consulting services and the Wasserman Schultz for Congress campaign utilized these services free of charge. (See Schedule B of the July Quarterly FEC report submitted Debbie Wasserman Schultz for Congress on July 15, 2016, which covers the period from April 1, 2016 through June 30, 2016, which does not reflect any 4 On information and belief, Hrtsleeve@gmail, is Debbie Wasserman Schultz's email address. Further, both Exhibit 3 and 4 emails are signed "DWS". 5 payment to the aforementioned communications and political professionals nor does the report reflect any in-kind donations from the DNC).

23. The DNC used its resources to undermine and track Tim Canova during a speech given in Alaska (via skype) in order to assist Debbie Wasserman Schultz for Congress.(5)

24. Certain DNC staff distributed Tim Canova campaign fundraising emails to DNC to fact check and in an effort to rebut the same.(6)

25. The DNC staff was involved in communications planning for U.S. House, FL- District 23.(7)

26. Newspaper articles further reflect the practice of Respondent Wasserman Schultz to use her position as DNC Chair to benefit her campaign. For example, Huffmgton Post reported on July 26, 2016 that, "In one recent incident, according to two sources, Wasserman Schultz was asked to place a call to Vice President Joe Biden to get him to help out the DNC. But instead of asking him to do a fundraising appearance and lend his name to a digital campaign, she ended up discussing a fundraiser that the VP would do for her congressional campaign- in order to help her with the hit she'd taken for supporting trade promotion authority and the Iran nuclear deal..." See Exhibit 12.

5 Please see Exhibit 6, email from DNC Political Director Raul Alvillar to Ali Khan (Western US Political Director of the DNC) concerning "intel" about an event that Tim Canova would attend via Skype in Alaska. See also, Exhibit 7, email from DNC Director of Scheduling, Garret Bonosky, to Ali Khan and Kay Brown (Executive Director of the Alaska Democratic Party) concerning Tim Canova's speech at the Alaska Convention. See also, Exhibit 8, email from Luis Miranda to Ryan Banfill (Wasserman Schultz campaign staff/DNC Staff) and Kate Houghton (Deputy Director of Chairman Wasserman Schultz's office at the DNC). See also Exhibit 9, an email from Ryan Banfill to Kate Houghton and Tracie Pough concerning efforts to undermine Tim Canova with the chair of the Florida and Alaska Democratic Parties. 5 Please see attached Exhibit 10, email from Tracie Pough, Debbie Wasserman Schultz Chief of Staff at the DNC to Ryan Banfill, Wasserman Schultz Campaign and DNC agent, Kate Houghton, April Melody, Luis Miranda, and Marc Paustenbach. 7 See Exhibit 11, an email from Ryan Banfill to Luis Miranda and Marc Paustenbach, entitled "FL-23 Comms Plan May 23-31". 

27. Respondent Wasserman Schultz had a fiduciary duty to the DNC (and ultimately to the public) to be a fair arbitrator, to separate her obligations as a candidate for federal office from her position as chair of a national committee. She had an obligation to institute a firewall between her campaign and the DNC. Instead the record establishes that she used her position with the DNC and the resources of the DNC to improperly benefit her congressional campaign.

28. While certain damaging emails have been produced, it is clear based on the volume of communications, that other modes of communications including text messages, telephonic communications and in-person meetings were utilized by Respondent Wasserman Schultz and agents of the DNC to undermine the Tim Canova for Congress Campaign and to benefit the campaign of Debbie Wasserman Schultz.

29. The FEC, through its investigative powers has the ability to conduct an investigation and to get to the bottom of these activities. Based on the emails alone, a pattern of wholly improper conduct on the part of Respondent Wasserman Schultz is established. These types of actions undermine the campaign finance system and create a playing field that is fundamentally unfair and in violation of the meaning and intent of federal elections and campaign finance laws.

COUNT I
VIOLATION OF 52 U.S.C. $ 30104 (b)(2)(c) and 11 CFR 104.3
(As to Respondent Debbie Wasserman Schultz and Debbie Wasserman Schultz for Congress)

30. Under 52 U.S.C. § 30104(b)(2)(c), a principal campaign committee is required to report contributions from political party committees on FEC filings.

31. Under 52 U.S.C. § 30104(a)(1), the treasurer of each political committee is required to file reports with the FEC and to report to the FEC that the report is, "true, correct and complete." (See FEC form 3).

32. Based upon information and belief and as set forth in paragraphs 17 though 29 above, Respondent Wasserman Schultz obtained contributions from the DNC during the period of April 1, 2016 through June 30, 2016.

33. Despite the sworn FEC filings by the Debbie Wasserman Schultz campaign, FEC reports do not reflect DNC contributions.

34. On information and belief, Respondent Wasserman Schultz was personally and directly involved in this utilization of DNC resources to benefit her campaign and, accordingly, she is liable for violations outlined herein.

COUNT II
VIOLATION OF 52 U.S.C. $ 30124(1) and 52 U.S.C. § 30124(2)
(As to Respondent Debbie Wasserman Schultz, individually)

35. Under 52 U.S.C. § 30124: no person who is a candidate for Federal Office or an employee or agent of such candidate shall— (1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; (2) willfully and knowingly participate in or conspire to participate in any plan, scheme or design to violate paragraph (1) Debbie Wasserman Schultz had control

36. of the DNC, as its chairperson and utilized staff and resources of the DNC to benefit the Debbie Wasserman Schultz campaign.

37. On information and belief, employees and agents of the DNC contacted officials in Alaska in order to undermine events that Tim Canova was participating in as a candidate for Congress, this interference was directed at the Complainant as a direct result of him being a primary opponent of the DNC chairperson.

38. Exhibits 1-4 establish that employees of the DNC and agents of the DNC conspired as a "team" in an improper effort to utilize DNC resources to assist the Wasserman Schultz campaign and by extension to undermine the Tim Canova for Congress campaign.

39. Respondent Wasserman Schultz and various DNC staffers and agents (including Ryan Banfill, Steven Paikowsky Hilary Rosen, Luis Miranda, Dave Beattie, Tracie Pough and Kate Houghton) willfully and knowingly participated in or conspired to participate this plan to undermine Tim Canova's congressional campaign.

40. Accordingly, on information and belief, Respondent Wasserman Schultz violated 52 U.S.C. § 30124, by utilizing DNC staff as an arm of the Wasserman Schultz for Congress campaign to undermine the campaign of Tim Canova for Congress.

COUNT III
VIOLATION OF 52 U.S.C. $ 30104(6X1)
(As to Respondent Democratic National Committee)

41. Under 52 U.S.C. § 30104(e)(1), the DNC shall report all receipts and disbursements during the reporting period.

42. The DNC contributed staff and consultants to the Debbie Wasserman Schultz for Congress campaign. In fact, Ryan Banfill was paid by both the DNC and the Wasserman Schultz campaign, in recognition of his dual responsibilities, on both the campaign and the national committee. However, various other staff and agents were employed by the DNC but performed work for the Wasserman Schultz re-election campaign (See Exhibits 1-11 and the hyperlink of emails that concern the Tim Canova campaign on DNC email servers).

43. In the case at hand, the DNC did not report contributions to the Debbie Wasserman Schultz for Congress campaign.

44. Accordingly, on information and belief, the DNC violated 52 U.S.C. § 10 30104(e)(1) by not reporting the utilization of DNC staff and resources by the Debbie Wasserman Schultz for Congress.

COUNT IV
VIOLATION OF 52 U.S.C. 3 30116 (cH
(As to Respondent Democratic National Committee)

45. Under 52 U.S.C. § 30116(d), national committees are permitted to contribute to contribute to the general election campaigns of candidates for federal office.

46. By extension and under the theory of Expressio unius est exclusio alterius, the principle of statutory construction which provides that "the expression of one thing implies the exclusion of another" national committees are not permitted to contribute to the primary campaigns of federal candidates.

47. In particular, in this instance, where the chairperson of a national committee is also an elected official, the chairperson may not subvert party resources to benefit their own re-election.
48. Accordingly, on information and belief, the DNC violated 52 U.S.C. § 30106 (d) by contributing staff and resources to the Debbie Wasserman Schultz for Congress primary campaign.