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1 'I - STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION,..J I J -..._ FLORIDA ELECTIONS COMMISSION, PETITIONER, v. PRIYANSHU ADATHAKKAR, RESPONDENT ~/ AGENCY CASE No.: FEC F.O. No.: DOSFEC W CONSENT FINAL ORDER The Respondent, Priyanshu Adathakkar, and the Florida Elections Commission (Commission) agree that this Consent Order resolves all of the issues between the parties in this case. The parties jointly stipulate to the following facts, conclusions oflaw, and order: FINDINGS OF FACT 1. The Respondent, Priyanshu Adathakkar, was the chairman for the United Citizens for Old Cutler Bay, Inc., an issues only political committee. 2. On April 11, 2006, the staff drafted a Staff Recommendation recommending to the Commission that there was probable cause to believe that The Florida Election Code was violated. 3. On May 26, 2006, the Commission entered an Order of Probable Cause finding that there was probable cause to charge the Respondent with the following violations: Count 1: On or about November 3, 2005, Respondent violated Section (5), Florida Statutes, by certifying to the correctness of the committee's SF2 CTR that was incorrect, false, or incomplete, when he failed to list the vendor and date of purchase of the yard signs for which Respondent was reimbursed. 1

2 Count2: During October and November 2005, Respondent violated Section (1 )(b), Florida Statutes, when the Respondent purchased and failed to mark prominently the yard signs as a paid political advertisement and to identify the address of the sponsor. Count3: On or about November.3, 2005, Respondent violated Section (1 )(b), Florida Statutes, when the Respondent purchased and failed to mark prominently postcard mailers as a paid political advertisement and to identify the address of the sponsor. 4. On June 26, 2006, the Respondent was served by certified mail with a copy of the Order of Probable Cause. 5. The Respondent requested a resolution of this matter by Consent Order within 30 days of receiving the Order ofprobable Cause. 6. The Respondent and the staff stipulate to the following facts: A. The Respondent, Priyanshu Adathakkar, was the chairman for the United Citizens for Old Cutler Bay, Inc., an issues only political committee, which registered with Miami-Dade County Supervisor of Elections on June 23, The committee's treasurer was Margaret Bell. The committee disbanded on November 22, The purpose of the committee was to support the proposed municipal charter and the name Town of Cutler Bay. The election was on November 8, B. The Complainant, Jaime Reyes, is a concerned citizen ofthe Town of Cutler Bay. Complainant is also a registered voter of Miami-Dade County, having voted most recently in the 2005 municipal election for the Town of Cutler Bay. C. The committee filed its SF2 CTR with the filing officer on November 3, 2005, covering the period from October 1, 2005 through October 20, 2005, rather than October 1, 2005 through October 14, The filing officer did not require the committee to amend this report to correct that error. Respondent, as chairman, certified that the report was true, correct, and complete. D. Table 1 reflects the expenditure reported by the committee for the purchase ofyard signs: 2

3 TABLE 1: COMMITTEE'S SF2 REPORT- ITEMIZED EXPENDITURES Date 10/03/ Full Name, Street Address & City, Purpose Expenditure Amend. Amount State, Zip Code Type Priyanshu Adathakkar Reimb yard signs MON $ SW 221 st Terrace printing Miami, Florida E. The committee disclosed the purpose of the expenditure as "Reimb yard signs printing." However, the CTR did not disclose the name of the vendor and the date when Respondent purchased the yard signs on behalf of the committee. Section (4)(a)6., Florida Statutes, requires that each report contain the full name and address of each person to whom expenditures have been made on behalf of the committee along with the amount, date and purpose of such expenditure. F. Complainant submitted several pictures of campaign signs that advocated a "yes vote" to name the municipality "Town of Cutler Bay." David Flagg, Investigations Manager, inspected the pictures of the signs with the aid of a magnifying glass and found that the signs failed to contain the correct political disclaimer. The small printing at the bottom of the signs appeared to be an Internet address and telephone number. G. On September 23, 2005, Respondent purchased yard signs for use in a "honk & waive" campaign event and at the voting precincts. The signs were purchased from Don Johnson Signs via the website Respondent paid $499 for the yard signs by using his personal credit card via pay pal on September 23, H. Complainant alleged that on November 6, 2005, he notified Ms. Bell, in the presence of Respondent, that the signs did not include a proper disclaimer. According to Complainant, Eduardo W olmers, Cutler Ridge Charter board member, was also present. In a sworn response, Ms. Bell denied that Complainant instructed her to stop using the signs during the "honk & wave" event and said that Complainant was physically threatening to both herself and her husband. I. In a subsequent affidavit, Ms. Bell stated that on or about the third week of October 2005, Respondent told her that the political advertisements needed proper disclaimers and that he had made labels for the advertisements. Ms. Bell also said that as soon as they learned the signs did not have a proper disclaimer, they located as many signs as they 3

4 could and affixed a label. Ms. Bell further stated that the political advertisement included with the complaint (pictures of signs) included a disclaimer on the backside of the advertisement. J. In a sworn letter, Respondent denied being present during a conversation between Complainant and Ms. Bell on November 6, He stated that he was along side her during most of the "honk & wave" event. According to Respondent, Ms. Bell and he kept their distances from Complainant because he was confrontational with the pro-charter supporters. Respondent admitted that he forgot to include the disclaimer in the artwork for the yard signs. K. Respondent remembered events concerning the disclaimer differently than Ms. Bell. In an affidavit, Respondent stated that he discovered the yard signs failed to include a disclaimer on or about October 20, 2005, when he took delivery, and that he affixed a label to them, using the disclaimer language he obtained from the handbook for committees. L. In a sworn letter, Edward MacDougall, a retired police officer, stated that before the November 8, 2005 election he personally observed numerous political signs in support of the incorporation of Cutler Bay. Mr. MacDougall further said that he visually witnessed the "paid political advertisement" label at the bottom of these signs. M. In a telephone interview, Ed Wolmers stated that he was present on November 6, 2005, when Complainant told Ms. Bell, in the presence of Respondent, that the signs did not include a proper disclaimer. Mr. W olmers said that they walked away without correcting their signs. He also stated that Respondent did not correct the signs until after he learned he was in trouble. Respondent denied that Mr. Wolmers could have heard any conversation between Complainant, Ms. Bell, and him because he was campaigning on the other side of a very busy road. N. Regardless of when Respondent and Ms. Bell attached the labels to the yard signs, the signs failed to contain a prominently displayed disclaimer. The proper disclaimer should be: Paid political advertisement paid for by United Citizens of Old Cutler Bay, Inc., 9871 SW 221 st Terrace, Miami, Florida

5 0. On November 3, 2005, Respondent ordered printing for a postcard mailer to area residents of Cutler Ridge. The disclaimer on the mailer stated, "Paid Political Advertising United Citizens of Old Cutler Bay, Inc.," but failed to include the committee's address. P. Respondent ordered 799 postcards from Netpost Mailing Online Services via the website He paid $ for this expense by using his personal credit card on November 4, Q. In his affidavit, Respondent stated that he received a copy of Chapters 104 and 106, Florida Statutes, and a copy of the Handbook for Committees in June Respondent further said that he read the materials provided to him. CONCLUSIONS OF LAW 7. The Commission has jurisdiction over the parties to and subject matter of this cause, pursuant to Section , Florida Statutes. 8. The Commission staff and the Respondent stipulate that all elements of the offense(s) charged in the Order of Probable Cause can be proven by clear and convincing evidence. ORDER 9. The Respondent and the staff of the Commission have entered into this Consent Order voluntarily and upon advice of counsel. 10. The Respondent shall bear his own attorney fees and costs that are in any way associated with this case. 11. The Respondent understands that before the Consent Order becomes final agency action, the Commission must approve it at a public meeting. After approval, the Consent Order constitutes final agency action of the Commission on the violations listed in the Order of Probable Cause. 5

6 12. The Respondent voluntarily waives the right to any further proceedings under Chapters 104, 106, and 120, Florida Statutes, and the right to appeal the Consent Order. 13. This Consent Order is enforceable under Sections and , Florida Statutes. The Respondent expressly waives any venue privileges and agrees that if enforcement of this Consent Order is necessary, venue shall be in Leon County, Florida, and Respondent shall be responsible for all fees and costs associated with enforcement. 14. If the Commission does not receive the signed Consent Order within 10 days of the date you received this order, the staff withdraws this offer of settlement and will proceed with the case. 15. Payment of the civil penalty is a condition precedent to the Commission's consideration of the Consent Order. PENALTY WHEREFORE, based upon the foregoing facts and conclusions of law, the Commission finds that the Respondent has violated the following provisions of Chapter 106, Florida Statutes, and imposes the following fines: A. Section (5), Florida Statutes, on one occasion by certifying to the correctness of the committee's SF2 CTR that was incorrect, false, or incomplete, when he failed to list the vendor and date of purchase of the yard signs for which Respondent was reimbursed. Respondent is fined $500 for this count. B. Respondent has violated Section (1)(b), Florida Statutes, on two occasions for making an expenditure for a political advertisement and failing to mark prominently the political advertisements as a "pd. pol. adv." or "paid political advertisement" and to identify the sponsor. Respondent is fined $500 for each of the two 6

7 counts for a total of$1,000. Therefore it is ORDERED that the Respondent shall remit to the Commission a civil penalty in the amount of $1,500, inclusive of fees and costs. The civil penalty shall be paid to the Florida Elections Commission, 107 W. Gaines Street, Collins Building, Suite 224, Tallahassee, Florida, The Respondent hereby agrees and consents to the terms of this Order on Priyanshu Adathakkar 9871 SW 221 Terrace Miami, Florida The Commission staff hereby agrees and consents to the terms of this Consent Order on au. -+1-~---=---J _Lf, Charles A. Finkel/ General Counsel Florida Elections Commission 107 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL Approved by the Florida Elections Commission at its regularly scheduled meeting held on August 17-18, 2006 at Tallahassee, Florida and filed with the Clerk of the Commission on,\,._6~-e.~p"'-~-'-----'\, 2006, in Tallahassee, Florida. 7

8 Chance Irvine, Chairman Florida Elections Commission 107 W. Gaines Streets Collins Building, Suite 224 Tallahassee, FL Copies furnished to: Charles A. Finkel, Assistant General Counsel Priyanshu Adathakkar, Respondent 8

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION

- '. Q - '.. '~.. j STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION FLORIDA ELECTIONS COMMISSION, PETITIONER, v. MARGARET BELL, RESPONDENT../ AGENCY CASE No.: FEC 05-283 F.O. No.: DOSFEC 06-108 CONSENT FINAL