FEDERAL ELECTION COMMISSION In the matter of: The Arizona Sports Foundation (dba “the Fiesta Bow!”) John H. Junker Susan Junker Natalie Aguilar Wisneski Richard Wisneski Anthony Aguilar Jay Fields MUR No. Jamie Fields Shawn Schoeffler Peggy Eyanson Lee Eyanson Mary McGlynn Monica Simental Scot Asher COMPLAINT 1. Citizens for Responsibility and Ethics in Washington ("CREW") and Melanie Sloan bring this complaint before the Federal Election Commission ("FEC") seeking an immediate investigation and enforcement action against the Arizona Sports Foundation (dba “the Fiesta Bowl”), John H, Junker, Susan Junker, Natalie Aguilar Wisneski, Richard Wisneski, Anthony Aguilar, Jay Fields, Jamie Fields, Shawn Schoeffler, Peggy Eyanson, Lee Eyanson, Mary McGlynn, Monica Simental and Scot Asher for direct and serious violations of the Federal Election Campaign Act ("FECA"). Complainants 2. Complainant CREW is a non-profit corporation, organized under section 501(c)(3) of the Internal Revenue Code. CREW is committed to protecting the right of citizens to be informed about the activities of government officials and to ensuring the integrity of GENBUSI797504.1‘government officials. CREW is dedicated to empowering citizens to have an influential voice in government decisions and in the governmental decision-making process. CREW uses a combination of research, litigation, and advocacy to advance its mission. 3. In furtherance of its mission, CREW seeks to expose unethical and illegal conduct of those involved in government. One way CREW does this is by educating citizens regarding the integrity of the electoral process and our system of government. Toward this end, CREW monitors the campaign finance activities of those who run for federal office and publicizes those who violate federal campaign finance laws. Through its website, press releases and other methods of distribution, CREW also files complaints with the FEC when it discovers violations of the FECA. Publicizing campaign finance violators and filing complaints with the FEC serves CREW’s mission of keeping the public informed about individuals and entities that violate campaign finance laws and deterring future violations of campaign finance law. 4. Inorder to assess whether an individual, candidate, political committee or other regulated entity is complying with federal campaign finance law, CREW needs the information contained in receipts and disbursements reports that political committees must file pursuant to the FECA, 2 U.S.C. § 434(a)(2); 11 CER. § 104.1. CREW is hindered in its programmatic activity when an individual, candidate, political committee or other regulated entity fails to disclose campaign finance information in reports of receipts and disbursements required by the FECA. 5. CREW relies on the FEC's proper administration of the FECA's reporting requirements because the FECA-mandated reports of receipts and disbursements are the only source of information CREW can use to determine if a candidate, political committee or other regulated entity is complying with the FECA. The proper administration of the FECA's GENBUS/797504.1reporting requirements includes mandating that all reports of receipts and disbursements required by the FECA are properly and timely filed with the FEC. CREW is hindered in its programmatic activity when the FEC fails to properly administer the FECA's reporting requirements, 6. Complainant Melanie Sioan is the executive director of Citizens for Responsibility and Ethies in Washington, a citizen of the United States and a registered voter and resident of the District of Columbia, As a registered voter, Ms. Sloan is entitled to receive information contained in reports of receipts and disbursements required by the FECA, 2 U.S.C. § 434(a)(2); 11 C-F.R. § 104.1, Ms, Sloan is harmed when a candidate, political committee or other regulated entity fails to report campaign finance activity as required by the FECA. See FEC v. Akins, 524 U.S, 11, 19 (1998), quoting Buckley v. Valeo, 424 U.S. 1, 66-67 (1976) (political committees must disclose contributors and disbursements to help voters understand who provides which candidates with financial support). Ms, Sloan is further harmed when the FEC fails to properly administer the FECA's reporting requirements, limiting her ability to review campaign finance information. Respondents 7. The Arizona Sports Foundation (dba “the Fiesta Bow!”) is a 501(¢)(3) organization with its principal place of business in Arizona. 8. Jolin H. Junker is the former President and Chief Executive Officer of the Fiesta Bowl. Susan Junker is the spouse of John H. Junker. 9. Natalie Aguilar Wisneski is the former Chief Operating Officer of the Fiesta Bowl. Richard Wisneski is the spouse of Natalie Aguilar Wisneski. Anthony Aguilar is the former Director of Community and Corporate Relations for the Fiesta Bowl and the brother of Natalie Aguilar Wisneski. GENBUS/797504.110, Jay Fields is the former Senior Vice President of Marketing for the Fiesta Bowl. Jamie Fields is the spouse of Jay Fields. 11, Shawn Schoefiler is the former Vice President of Media Relations for the Fiesta Bowl. 12, Peggy Eyanson is the former Director of Business Operations for the Fiesta Bowl. Lee Eyanson is the spouse of Peggy Eyanson. 13, Mary MeGlynn is the former Director of Ticket Operations for the Fiesta Bowl. 14, — Monica Simental is the former Executive Assistant to Natalie Aguilar Wisneski 15, Scot Asher was a former volunteer at the Fiesta Bowl, Factual Allegations 16. On October 8, 2010, the Board of Directors of the Fiesta Bowl authorized a Special Committee of the Board of Directors to conduct an investigation of allegations that the Fiesta Bow! had reimbursed employees for campaign contributions made to Arizona politicians. The Special Committee retained the firm of Robins, Kaplan, Miller & Ciresi LLP to conduct the investigation. On March 21, 2011, after a comprehensive investigation, Robins, Kaplan Miller & Ciresi LLP released its Final Report to the Special Committee of the Board of Directors of the Fiesta Bowl (attached as Exhibit A). The Final Report concluded that, under the direction of President and Chief Executive Officer John H. Junker, the Fiesta Bowl had used corporate funds to reimburse twenty-one individuals for at least $46,539 in campaign contributions to Arizona politicians since 2000. See Exhibit A at 25-67. 17. The Final Report demonstrated that a majority of these contributions ($28,500) had been made to federal candidates and committees since January 1, 2006. Specifically, the Final Report found evidence that the Fiesta Bowl, under the direction of President and Chief GENBUS/797504.1Executive Officer John H. Junker, had used corporate funds to reimburse thirteen individuals for the following campaign contributions to federal candidates and committee since January 1, 2006: Name John H. Junker John H. Junker John H. Junker Susan Junker Susan Junker ‘Susan Junker Natalie Aguilar Wisneski Natalie Aguilar Wisneski Natalie Aguilar Wisneski Richard Wisneski Anthony Aguilar Anthony Aguilar Jay Fields Jay Fields Jamie Fields Shawn Schoeffler ‘Shawn Schoeffler Shawn Schoeffler Peggy Eyanson Peggy Eyanson GENBUSI797504.1 Date 4/28/06 3/8/07 6/30/09 6/16/06 10/18/06 3/8/07 4/28/06 3/8/07 2/23/06 5/3/06 10/18/06 3/28/08 4/28/06 10/18/06 3/28/08 6/30/09 6/16/06 10/18/06 Amount $1,000 $2,100 $1,000 $500 $1,500 $2,100 $1,000 $2,100 $1,000 $2,100 $500 $250 $600 $1,000 $1,000 $600 $1,000 $1,000 $1,500 $1,250 Recipient Straight Talk America John MeCain John MeCain Jon Kyl J.D. Hayworth John MeCain Straight Talk America John MeCain John McCain John MeCain Jon Kyl John Shadegg J.D. Hayworth John McCain Straight Talk America J.D. Hayworth John MeCain John McCain Jon Kyl LD. HayworthLee Eyanson 316/06 $500 John Shadegg Lee Eyanson 3/28/08 $1,000 John McCain May McGlynn 4128/06 $1,000 Straight Talk America Monica Simental 10/18/06 $300 LD. Hayworth Monica Simental 3/8/07 $2,100 John McCain Scot Asher 2123/06 $500 Jon Kyl Id 18. The Final Report also found that the Fiesta Bowl used corporate resources and facilities to host fundraising events for federal candidates and committees. Specifically, the Final Report found that Fiesta Bow! employees organized fundraising events for federal candidates and committees at the Fiesta Bow! Museum, coordinated invitation lists, set up the Museum, attended and helped out during the events, and provided contributions that were later reimbursed by the Fiesta Bowl, See Exhibit A at 183-186, 19. The Final Report found that the Fiesta Bowl used corporate resources and facilities to host a fundraising event for Rep. J.D. Hayworth (R-AZ) on or about October 18, 2006. See Exhibit A at 185-186. On information and belief, the Fiesta Bowl also used corporate resources to organize a fundraising events for Straight Talk America on or about April 28, 2006 and two fundraising events for Senator John McCain (R-AZ) on or about March 8, 2007 and March 28, 2008. See Exhibit A at 185, n. 974 COUNTI 20. FECA and FEC regulations prohibit the making of a contribution in the name of a person other than the true source of the contribution. 2 U.S.C. § 4418 11 CER. § 110.4(b)(1)(i). GENBUS/797504.121. By reimbursing employees for contributions made to federal candidates and committees, the respondents violated 2 U.S.C. § 441f and 11 CFR. § 110.4(0\(1)(). COUNT II 22. FECA and FEC regulations prohibit corporations from making contributions in connection with any federal election. 2 U.S.C. § 441b(a) and 11 C.F.R. § 114.2(a). FEC regulations also specifically prohibit the use of corporate resources or facilities to engage in fundraising activities for federal candidates and committees. 11 CER. § 114.2). 23. By reimbursing employees and others with corporate funds for contributions made to federal candidates and committees and by using corporate resources and facilities to raise funds for federal candidates and committees, the respondents violated 2 U.S.C. § 441b(a), 11 CER. § 114.2(a) and 11 CER. § 114.2). CONCLUSION WHEREFORE, Citizens for Responsibility and Ethies in Washington and Melanie Sloan request that the Federal Election Commission conduct an investigation into these allegations, declare the respondents to have violated the Federal Election Campaign Act and applicable FEC regulations, and impose sanctions appropriate to these violations and take such further action as may be appropriate, including referring this case to the Justice Department for criminal prosecution of any violations of 2 U.S.C. §§ 441b(a) & 441. Melaiife Sioan Executive Director Citizens for Responsibility and Ethics in Washington 1400 Eye Street, N.W. Suite 450 Washington, DC 20005 (202) 408-5565 (phone) (202) 588-5020 (fax) GENBUS/797504.1Verification Citizens for Responsibility and Ethics in Washington and Melanie Sloan hereby verify that the statements made in the attached Complaint are, upon information and belief, true. Swom pursuant to 18,U.S.C. § }001 Melanie Sloan ‘Sworn to and subscribed before me this 5" day of April, 2011. Notary Public eet lary District of Columbia, Notary Public My Commission Expires July 31, 2014 GENBUS/797504.1