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Office of Campaign Finance 
Complaint about Committee to Re-Elect Kwame Brown to the
Board of Elections and Ethics

June 10, 2011

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BEFORE THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
SUITE 250, 441 4TH STREET, NW
WASHINGTON, D.C. 20001

District of Columbia Office of Campaign Finance 2000 14th Street, NW Suite 420 Washington D.C. 20009, Complainant

v.

The Committee to Re-Elect Kwame Brown, Dawn Cromer, Treasurer 3330 Denver Street, SE Washington, D.C. 20020, Respondent

DOCKET NO.: BOEE _____

COMPLAINT

COMES NOW the District of Columbia Office of Campaign Finance and submits a complaint against The Committee to Re-Elect Kwame Brown (hereinafter respondent committee) for which Dawn Cromer serves as treasurer and alleges the following:

Jurisdiction over this matter is vested in the District of Columbia Board of Elections and Ethics (Board) pursuant to District of Columbia Official Code §11103.02(c) (2001 Edition);

The District of Columbia Office of Campaign Finance (hereinafter complainant) at all times relevant to this complaint, was vested with the authority to enforce the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974 (Act), as amended by District of Columbia Official Code §§ 11101.01 et seq;

Respondent Committee was designated as the Principal Campaign Committee (PCC) for candidate Kwame R. Brown pursuant to District of Columbia Official Code § 1-1102.06, and for purposes of filing required Report.

Respondent Committee registered as a Principal Campaign Committee with the Office of Campaign Finance on April 24, 2007;

Respondent Committee supported the 2008 re-election campaign of candidate Kwame R. Brown for the office of At-Large Member of the Council of the District of Columbia;

At all times relevant to this complaint, the Respondent Committee was a registered Principal Campaign Committee (PCC) with the Office of Campaign Finance, which was obligated to file Reports of Receipts and Expenditures in accordance with District of Columbia Official Code § 1-1102.06;

On April 4, 2011, the Reports Analysis and Audit Division (RAAD) of the Office of Campaign Finance issued a Final Audit Report which determined that the Respondent Committee was not in substantial compliance with the Act;

Pursuant to the Final Audit Report, Complainant commenced an investigation into alleged violations of the Act and concluded that the Respondent Committee did in fact commit the violations which are the basis for this complaint;

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.04(c), by failing to timely amend its Statement of Organization to include bank account #1189735 which was established at the Industrial Bank of Washington on August 20, 2008, and in which $60,000.00 in campaign funds were deposited;

District of Columbia Official Code § 1-1102.04(c) provides in pertinent part that, "Any change in information previously submitted in a statement of organization shall be reported to the Director within the 10 day period following the change."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.04(c) by failing to timely amend its Statement of Organization to include Che Brown as an officer of the committee with signatory authority on bank accounts. Specifically, account # 1189735 established at the Industrial Bank of Washington and identified as respondent committee's "Side Account" listed Che Brown as a signatory;

District of Columbia Official Code § 1-1102.04(c) provides in pertinent part that, "Any change in information previously submitted in a statement of organization shall be reported to the Director within the 10 day period following the change."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.06 (b)(2) by failing to timely report 210 contributions totaling $102,763.00 which were received by the Committee;

District of Columbia Official Code § 1-1102.06 (b)(2) provides in pertinent part that each report shall disclose, "The full name and mailing address (including the occupation and the principal place of business; if any) of each person who has made 1 or more contributions to or for such committee or candidate (including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events) within the calendar year in an aggregate amount or value in excess of $50 or more , together with the amount and date of such contributions."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.06 (b)(8) by failing to timely report 210 contributions totaling $102,763.00 in the total sum of all receipts which were received by the committee;

District of Columbia Official Code § 1-1102.06 (b)(8) provides in pertinent part that each report shall disclose, "The total sum of all receipts by or for such committee or candidate during the reporting period."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.06 (b)(9) by failing to timely report 53 expenditures totaling $169,431.49 that were made by the Committee;

District of Columbia Official Code § 1-1102.06 (b)(9) provides in pertinent part that each report shall disclose, "The full name and mailing address (including the occupation and the principal place of business; if any) of each person to whom expenditures have been made by such committee or on behalf of such committee or candidate within the calendar year in an aggregate amount or value of $10 or more, the amount, date, and purpose of each such expenditure."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.06 (b)(10) by failing to timely report 53 expenditures totaling $169,431.49 in the total sum of all expenditures that were made by the Committee;

District of Columbia Official Code § 1-1102.06 (b)(10) provides in pertinent part that each report shall disclose, "The total sum of expenditures made by such committee or candidate during the calendar year."

Complainant alleges that the Respondent Committee violated District of Columbia Official Code § 1-1102.01 (c)(3) by failing to produce detailed records of expenditures made to prime consultant, Banner Consulting and subcontractor, Partners in Learning;

District of Columbia Official Code § 1-1102.01 (c)(3) provides in pertinent part that, "Except for account of expenditures made out of the petty cash fund provided for under § 1-1102.03(b), the treasurer of a political committee and each candidate, shall keep a detailed and exact account of ... All expenditures made by or on behalf of such committee or candidate."

Complainant alleges that the Respondent Committee violated Title 3 of the District of Columbia Municipal Regulations (3 DCMR) § 3400.2 by failing to maintain proper records of receipts and expenditures;

3 DCMR § 3400.2 provides in pertinent part that, "Each required filer, under § 3400.1 shall obtain and preserve, from the date of registration, detailed records of all contributors and expenditures disclosed in reports and statements filed with the Director, including the following:

(A) Check stubs;
(B) Bank statements;
(C) Cancelled checks;
(D) Contributor cards and copies of donor checks;
(E) Deposit slips;
(F) Invoices;
(G) Receipts;
(H) Contracts;
(I) Payroll records;
(J) Tax records;
(K) Lease agreements; 
(L) Petty cash journals;
(M) Ledgers;
(N) Vouchers; and
(O) Loan documents;

Complainant alleges that the Respondent Committee failed at all times relevant herein to fulfill its obligation to comply with the applicable registration and reporting provisions of the Act;

Notwithstanding said obligation, and in breach of said obligation, Respondent Committee failed to comply with several requests from complainant for production of documents required to substantiate that all expenditures of campaign funds were campaign related;

That as a result of the Respondent Committee's failure to comply with Complainant's requests that it provide specific and detailed information in connection with expenditures, Complainant remains unable to verify the accuracy of the Reports of Receipts and Expenditures submitted by the Respondent Committee;

That Respondent Committee's non-compliance with Complainant's requests for the production of documents renders $174,785.57 in expenditures to prime consultant Banner Consulting and sub-contractor Partners in Learning unverifiable;

That Respondent Committee's non-compliance with Complainant's requests for the production of documents renders the services provided in 54 invoices submitted by prime consultant Banner Consulting and sub-contractor Partners in Learning unverifiable;

WHEREFORE, these premises considered, Complainant respectfully requests that the Board:

Order the Respondent Committee to provide the bank records and statements related to the financial transactions between Banner Consulting and Partners in Learning;

Disallow all expenditures the Respondent Committee made to Banner Consulting and Partners in Learning that are not supported by proper documentation;

Order the Respondent Committee to seek reimbursement of the total amount disallowed which upon receipt will be disposed of in accordance with the provisions governing surplus campaign funds as prescribed by DC Official Code § 1-1107.02; and

Any further relief the Board deems appropriate, including the imposition of fines for the violations enumerated herein, or the referral of this matter to the United States Attorney for the District of Columbia, in accordance with the provisions of DC Official Code § 1-1103.01(c).

Respectfully submitted

William O. SanFord
General Counsel
Office of Campaign Finance

Date: June 10, 2011

Cecily E. Collier-Montgomery
Director
Office of Campaign Finance

CERTIFICATE OF SERVICE

I  HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was served via e-mail, and hand delivery, on this 10 day of June, 2011,

to:

Frederick D. Cooke, Esq.
Rubin, Winston, Diercks, Harris & Cooke, LLP
Counsel for The Committee To Re-Elect Kwame R. Brown 1201 Connecticut Avenue, NW Suite 200
Washington, DC 20036

William 0. SanFord

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