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CFB Votes on Enforcement Matters for Campaigns from the 2013 and 2009 Elections

April 14, 2016

For Immediate Release

At a regularly scheduled meeting today, the New York City Campaign Finance Board determined that ten campaigns involved in the 2013 citywide election cycle committed violations and assessed penalties. The Board determined that four campaigns from the 2013 elections must repay public funds and that one campaign will receive a post-election public funds payment. In addition, the Board determined that one campaign from the 2009 election cycle committed violations and assessed penalties. Details of the Board’s determinations are outlined in the charts below.

The Board dedicated the agency’s board room to former Board Chair Father Joseph A. O’Hare, S.J., in a ceremony following the meeting. Father O’Hare was the Board’s founding chair, a position he held through 2003.

Current Board Chair Rose Gill Hearn said: “It is befitting that we name this new boardroom, where the business of this important institution will be carried out, after Fr. O’Hare. Fr. O’Hare helped shape the agency through his integrity, fairness and intelligence, and his imprint is still present in the work of the agency. For those of us who strive to follow in your footsteps; for the candidates and voters who benefit from the program you brought into existence; and for the city campaign finance process that is now more open and trustworthy because of your efforts; we are all in your debt. It is my great honor and pleasure to decidate this room to you Father O’Hare.”

Details about the dedication ceremony are available here.

Archived video of today’s meeting is available at www.nyccfb.info/live.

Violations and Penalties
(for details, follow the link in Total Penalties column)

Candidate Violation / Penalty Total Penalties

Carlton Berkley
Candidate, 2013
City Council District 16

Program Participant:
$0
public funds received

Failing to provide bank statements $194 $2,865
Failing to demonstrate compliance with cash receipts reporting and documentation requirements $104
Failing to demonstrate compliance with reporting requirements for receipts and disbursements $290
Failing to file a disclosure statement $290
Accepting contributions from corporations, limited liability companies, or partnerships $687
Failing to document transactions $78
Failing to report and document basic campaign functions/activities $194
Making cash expenditures greater than $100 $28
Failing to respond to the Initial Documentation Request $500
Failing to respond to the Draft Audit Report $500
Candidate Violation / Penalty Total Penalties

Robert Cornegy, Jr.
Candidate, 2013
City Council District 36

Program Participant:
$160,878
public funds received

Failing to provide bank account statements $500 $1,550
Filing a late disclosure statement $375
Accepting an over-the-limit contribution No Penalty
Accepting a contribution from a corporation $250
Failing to document a transaction $100
Failing to demonstrate that spending was in furtherance of the campaign $100
Making impermissible post-election expenditures $225
Candidate Violation Total Penalties

Laurie Cumbo
Candidate, 2013
City Council District 35

Program Participant:
$92,400
public funds received

Failing to file daily pre-election disclosure statements

$100 $9,279
Accepting an over-the-limit contribution $1,016
Accepting contributions from corporations, limited liability companies, or partnerships $450
Failing to document transactions $200
Maintaining a petty cash fund greater than $500 $707
Exceeding the expenditure limit $6,806
Candidate Violation / Penalty Total Penalties

Miguel Estrella
Candidate, 2013
City Council District 10

Program Participant:
$0
public funds received

Failing to report transactions $203 $15,764 *
Failing to demonstrate compliance with cash receipts reporting and documentation requirements $970
Failing to demonstrate compliance with receipts and disbursements reporting requirements $957
Failing to file a disclosure statement $478
Accepting an over-the-limit contribution $258
Accepting contributions from corporations, limited liability companies, or partnerships $1,723
Failing to report and document basic campaign functions or activities $319
Failing to demonstrate that spending was in furtherance of the campaign VNP
Converting campaign funds to a personal use $856
Material misrepresentation and fraud $10,000
Breach of certification N/A

* Aside from the penalties for conversion and material misrepresentation and fraud, penalties were capped at 15% of the Campaign’s aggregate expenditures because of the size of the Campaign and the fact that it did not receive public funds.

Candidate Violation / Penalty Total Penalties

Mathieu Eugene
Transition/ Inauguration, 2013

City Council District 40

Failing to provide bank statements $2,250 $4,221
Accepting over-the-limit donations $1,971
Candidate Violation / Penalty Total Penalties

Alan Gerson
Candidate, 2009
City Council District 1

Program Participant:

$0
public funds received

Accepting over-the-limit doing business contributions $2,250 $49,948

Failing to accurately report disbursements, resulting in a 17.13% variance

$200
Failing to properly report and account for loans and loan repayments $2,000
Accepting over-the-limit contributions $10,000
Failing to report an in-kind contribution $20
Accepting contributions from corporations, limited liability companies, or partnerships $550
Accepting a contribution from an unregistered political committee $750
Failing to accurately report specific transactions $40
Exceeding the expenditure limit $30,912
Maintaining a petty cash fund greater than $500 $230
Failing to respond timely to a request for post-election audit documentation $200
Failing to respond to the Draft Audit Report $2,796
Candidate Violation / Penalty Total Penalties

Sara Gonzalez
Candidate, 2013
City Council District 38

Program Participant:
$92,400
public funds received

Failing to report transactions $79 $806
Accepting over-the-limit contributions $125
Accepting contributions from unregistered political committees $375
Failing to document a transaction $100
Failing to demonstrate that spending was in furtherance of the campaign $127
Candidate Violation / Penalty Total Penalties

Erlene King
Candidate, 2013
City Council (District #45)

Program Participant:
$43,260
public funds received

Failing to report merchant account used for campaign purposes $250 $2,907
Failing to provide merchant account statements $500
Failing to demonstrate compliance with cash receipts reporting and documentation requirements $712
Failing to demonstrate compliance with reporting requirements for receipts $250
Filing a late disclosure statement $50
Making a cash expenditure greater than $100 $50
Failing to demonstrate that spending was in furtherance of the campaign $180
Late response to Initial Documentation Request and Draft Audit Report $915
Candidate Violation / Penalty Total Penalties

Constantinos Prentzas
Candidate, 2013
City Council (District #22)

 

Program Participant:
$92,400
public funds received

Maintaining a 4.67% reporting variance $125 $11,821
Filing two late disclosure statements $250
Failing to file daily pre-election disclosure statements $150
Accepting contributions from corporations $11,046
Accepting contributions from an unregistered political committee $250
Candidate Violation / Penalty Total Penalties

James Van Bramer
Candidate, 2013
City Council (District #26)

Program Participant:
$92,400
public funds received

Accepting over-the-limit contributions $2,575 $2,925
Accepting three contributions from corporations $350
Candidate Violation / Penalty Total Penalties

Sidique Wai
Candidate, 2013
Public Advocate

 

Program Participant:
$0
public funds received

Failing to provide merchant account statements $317 $5,856
Accepting over-the-limit contributions $3,333
Accepting contributions from corporations or limited liability corporations $1,371
Failing to demonstrate compliance with intermediary reporting and documentation requirements No Penalty
Failing to document loans $102
Converting campaign funds to a personal use $733
Failing to demonstrate that spending was in furtherance of the campaign No Penalty

Public Funds Repayments

Candidate Public Funds Received
(does not reflect repayment obligation)
Public Funds Repayment

Laurie Cumbo
Candidate, 2013
City Council District 35

$92,400 $486.45*

Sara Gonzalez
Candidate, 2013
City Council District 38

$92,400 $33,381.68*

Louis Liedy, Jr.
Candidate, 2013
Borough President (Staten Island)

$66,870 $5,603
Constantinos Prentzas
Candidate, 2013
City Council (District #22)
$92,400 $18,261

* Reflects funds remaining in campaign bank account.

Public Funds Payment

Candidate Public Funds Received
(before 3/17/2016)
Public Funds Payment
(Authorized on 4/14/2016)

Erlene King
Candidate, 2013
City Council (District #45)

$43,260 $12,093*

* Net of public funds payment minus penalties owed.