September 13, 2023

Attorney General Jason Miyares

Office of the Attorney General
202 North Ninth Street
Richmond, VA 23219

Chairman John O’Bannon

Virginia State Board of Elections
1100 Bank Street, First Floor
Richmond, VA 23219

Dear Attorney General Miyares and Chairman O’Bannon:

I am writing to request an investigation into the illegal receipt of campaign donations from a foreign national by
the campaign of Commonwealth’s Attorney Steve T. Descano. The knowing and willful acceptance and use of
such a contribution violates Virginia and federal law. This act warrants an inquiry by the Office of Attorney
General’s Election Integrity Unit in coordination with the State Board of Elections for Virginia, who possess
jurisdiction over election law violations.
FACTS:
1) Mr. Descano’s election committee (“Friends of Steve Descano” – CC-18-00369) took receipt of a
campaign contribution from a known foreign national, Merck Mercuriadis, on May 18, 2023. That $5,000
contribution is listed on the committee’s filing dating June 12, 2023 for the period April 1 – June 8, 2023.1

2) Mr. Mercuriadis’ address is listed “73 Artesian Road, London UK, W2 5DB VA 99999” and his donor
information is listed as “Employer or Business: Hipgnosis Sond(sic) 2. Type of Business: CEO 3. Business
Location: London Greater London”

3) Mr. Mercuriadis is a Canadian-born British music executive who has had his personal and business life
publicly detailed in profiles in the New York Times, Rolling Stone, and other publications. His legal
residency and citizenship are repeatedly referenced as British and/or Canadian. 2

4) Federal election law expressly prohibits donations by and the receipt of donations from a foreign national:
“It shall be unlawful for – (2) a person to solicit, accept, or receive a contribution or donation described
in subparagraph (A) or (B) of paragraph (1) from a foreign national” (52 U.S. Code § 30121). 3

5) Federal regulations define culpability as “knowingly and willfully” soliciting or accepting a foreign
contribution if there is actual knowledge, substantial probability, or lead a reasonable person to believe
the donation originates with a foreign national if: “i. The contributor or donor uses a foreign passport or
passport number for identification purposes; ii. The contributor or donor provides a foreign address; iii.
The contributor or donor makes a contribution or donation by means of a check or other written instrument
drawn on a foreign bank or by a wire transfer from a foreign bank; or iv. The contributor or donor resides
abroad.” 4

1
https://cfreports.elections.virginia.gov/Committee/Index/11acdaa6-a09c-e811-a517-984be103f032
2
https://www.nytimes.com/2020/12/18/arts/music/merck-mercuriadis-hipgnosis.html
3
https://www.law.cornell.edu/uscode/text/52/30121
4
https://www.fec.gov/regulations/110-20/2022-annual-110#110-20-a
 6) Under US Sentencing Guidelines, such a contribution is a Base Offense Level 8 and according to the
Federal Election Campaign Act (FECA): “Any person who knowingly and willfully commits a violation
of any provision of this Act which involves the making, receiving, or reporting of any contribution,
donation or expenditure— (ii) aggregating $2,000 or more (but less than $25,000) during a calendar year
shall be fined under such title, or imprisoned for not more than one year, or both.” 5

DISCUSSION:
Mr. Mercuriadis is known to be a Canadian-born resident of the United Kingdom, listing a London UK address
for himself and his employer. His income is derived from his principal business which is a registered corporation
in Britain. Further, Mr. Mercuriadis (or Mr. Descano’s treasurer) listed his address as “VA 99999” potentially
circumventing a software block on receipt of a foreign-sourced contribution. It is highly likely, based on Mr.
Mercuriadis’ residency and business registration, that the contribution was drawn on a foreign bank account as
well.
“Friends of Steve Descano” did knowingly and willfully receive and process this contribution, and presumably
solicited it in violation of the law. Per the Code of Virginia, the committee violated the law by making a “false
material statement or entry” which is a “crime of election fraud and be punishable as a Class 5 felony.” 6
I implore you to open an independent and full investigation into this serious matter. It is critical to elections in the
Commonwealth that voters have faith in the system and confidence that there is no foreign interference or
involvement in our elections.

Sincerely,

Sean Kennedy

President

Virginians for Safe Communities

5
https://www.fec.gov/resources/cms-content/documents/feca.pdf
6
https://law.lis.virginia.gov/vacode/title24.2/chapter10/section24.2-1019/