Scribd Logo
Upload

Welcome to Scribd!

  • Cori Bush FEC Complaint

    Uploaded by

    JoeSchoffstall
    367K views5 pages
    The complaint alleges that Rep. Cori Bush's campaign committee may have improperly used campaign funds for personal use by paying her now-husband, Cortney Merritts, for security services. It notes that Merritts did not have the proper licenses to perform security work and was paid regularly at the same time the campaign paid a security company. As Bush and Merritts had a personal relationship that led to marriage, the payments may have been above fair market value or unnecessary. The complaint requests that the FEC investigate whether Bush converted campaign funds for personal use through these payments.

    Original Description:

    Cori Bush FEC complaint

    Original Title

    Cori Bush FEC complaint

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The complaint alleges that Rep. Cori Bush's campaign committee may have improperly used campaign funds for personal use by paying her now-husband, Cortney Merritts, for security services. It notes that Merritts did not have the proper licenses to perform security work and was paid regularly at the same time the campaign paid a security company. As Bush and Merritts had a personal relationship that led to marriage, the payments may have been above fair market value or unnecessary. The complaint requests that the FEC investigate whether Bush converted campaign funds for personal use through these payments.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    367K views5 pages

    Cori Bush FEC Complaint

    Uploaded by

    JoeSchoffstall
    The complaint alleges that Rep. Cori Bush's campaign committee may have improperly used campaign funds for personal use by paying her now-husband, Cortney Merritts, for security services. It notes that Merritts did not have the proper licenses to perform security work and was paid regularly at the same time the campaign paid a security company. As Bush and Merritts had a personal relationship that led to marriage, the payments may have been above fair market value or unnecessary. The complaint requests that the FEC investigate whether Bush converted campaign funds for personal use through these payments.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 5

    March 1, 2023

    Ms. Lisa J. Stevenson


    Acting General Counsel
    Office of the General Counsel
    Federal Election Commission
    1050 First Street, NE
    Washington, D.C. 20463

    Email: [email protected]

    COMPLAINT BEFORE THE FEDERAL ELECTION COMMISSION

    RE: Rep. Cori Bush

    Dear Ms. Stevenson,


    The Foundation for Accountability and Civic Trust (FACT) is a nonprofit organization
    dedicated to promoting accountability, ethics, and transparency in government and civic arenas.
    We achieve this mission by hanging a lantern over public officials who put their own interests
    over the interests of the public good. This complaint is submitted upon information and belief
    that Rep. Cori Bush and her campaign committee may have used campaign funds for personal
    use.1 We request the Federal Election Commission (FEC) investigate and if needed, take
    appropriate enforcement actions.2

    1This complaint is submitted pursuant to 52 U.S.C. § 30109(a)(1) and is against Cori Bush and her campaign
    committee, Cori Bush for Congress.
    2 “If the Commission, upon receiving a complaint . . . has reason to believe that a person has committed, or is about
    to commit, a violation of [Act] . . . [t]he Commission shall make an investigation of such alleged violation.” 52
    U.S.C. § 30109(a)(2); 11 C.F.R. § 111.4(a).

    www.factdc.org • 1717 K Street NW, Suite 900, Washington, D.C., 20006 • Phone (202) 787-5860


    Page 2 of 5

    Federal law prohibits federal candidates from soliciting, receiving, directing, transferring,
    or spending funds in connection with an election for federal office unless the funds are subject to
    the limitations, prohibitions, and reporting requirements of the Act.3 Generally campaign funds
    may only be spent for “bona fide campaign or political purposes,” with limited defined
    exceptions such as: use to defray ordinary and necessary expenses incurred in connection with
    holding federal office, charitable contributions, transfers to a political party, and donations to
    state and local candidates.4 Federal law also provides certain examples of how campaign funds
    may not be spent, of which one prohibited category of spending is for “personal use.”5
    Payments that are not for bonafide services at fair market value could fall under one of
    two prohibited categories—“payments to family members” or “gifts”. Candidates may not use
    campaign funds for personal use.6 “Personal use means any use of funds in a campaign account
    of a present or former candidate to fulfill a commitment, obligation or expense of any person that
    would exist irrespective of the candidate's campaign or duties as a Federal officeholder.”7
    Personal use includes: “Salary payments to a member of the candidate's family, unless the family
    member is providing bona fide services to the campaign. If a family member provides bona fide
    services to the campaign, any salary payment in excess of the fair market value of the services

    3 52 U.S.C. §§ 30101, 30116, 30118.


    4 11 C.F.R. § 113.2; U.S. House of Reps. Committee on Ethics, House Ethics Manual, at 121 (2022 Print)
    (“Provisions of the Rules of the House of Representatives, including rules that require that campaign funds be used
    only for campaign or political purposes, and prohibit their use for either personal or official House purposes, with
    limited exceptions.”).
    5 11 C.F.R. § 113.1(g).
    6 52 U.S.C. § 30114 (b)(2).
    7 11 C.F.R. § 113.1(g).


    Page 3 of 5

    provided is personal use.”8 Personal use also includes “gifts” greater than a “nominal value . . .
    made on a special occasion.”9
    During 2022, Bush’s campaign paid $571,856 for security services.10 Those payments
    included $225,281 to PEACE Security, $62,359 to Cortney Merritts, and $50,000 to Nathaniel
    Davis.11 The payments to Merritts were bi-monthly in the amount of $2,500.12 However,
    reportedly Merritts does not have a St. Louis private security license, which is needed to perform
    security services in the area that encompasses Bush’s entire district, nor does he appear within
    the government database of licensed security professionals in the Washington D.C. area.13 It was
    recently revealed that Bush has had a personal relationship with Merritts since before she took
    office in 2021 and they were married in February 2023.14
    At issue is this case is whether the payments made to Merritts were for a bona fide
    service and at a fair market rate, and if not then they would be either a impermissible gift or a
    payment to a family member. When a campaign negotiates salary payments with an unrelated
    party, both sides negotiate for their best interest and generally fair market value is naturally
    reached and paid for a service the campaign needs. However, when the campaign hires someone

    8 11 C.F.R. § 113.1(g)(1)(i)(H).

    “The candidate’s family includes (i) The spouse of the candidate; (ii) Any child, step-child, parent, grandparent,
    sibling, half-sibling or step-sibling of the candidate or the candidate's spouse; (iii) The spouse of any child, step-
    child, parent, grandparent, sibling, half-sibling or step-sibling of the candidate; and (iv) A person who shares a
    residence with the candidate.” 11 C.F.R. § 113.1(g)(8).
    911 C.F.R. § 113.1(g)(4) (“Gifts of nominal value and donations of a nominal amount made on a special occasion
    such as a holiday, graduation, marriage, retirement, or death are not personal use, unless made to a member of the
    candidate’s family.”).

    Greg Wehner, Missouri Rep. Cori Bush, 'Squad' Democrat, Marries Campaign Security Guard: Reports, Fox
    10
    News, Feb. 26, 2023; Cori Bush for Congress, FEC.gov, Accessed Mar. 1, 2023.
    11Id. The payments to Merritts totaled $62,359, with $60,000 being paid for security services and $2,359 for an
    expense reimbursement. Id.
    12Joe Schoffstall, Cori Bush’s Campaign Paid Her Husband for Security Services - But He Doesn't Have A Private
    Security License, Fox News, Feb. 28, 2023; Cori Bush for Congress, FEC.gov., Accessed March 1, 2023.
    13Joe Schoffstall, Cori Bush’s Campaign Paid Her Husband for Security Services - But He Doesn't Have A Private
    Security License, Fox News, Feb. 28, 2023.
    14 Id.


    Page 4 of 5

    with whom the candidate has a close personal relationship, there may be favoritism or an
    incentive for the campaign to pay for services that are not necessary or pay above the fair market
    value for those services. These types of payments are subjected to more scrutiny, especially when
    other factors present indicate the payments were not for bona fide services at fair market value.
    In this case Bush and Merritts clearly had a close relationship that resulted in marriage and there
    are other factors present, namely that (1) the payments were regularly made at the same time the
    campaign was apparently paying a security company for the exact same services and (2) the
    payee did not have a license to perform the services for which he was being paid.

    Based on the facts above, it appears Rep. Bush’s campaign may have made payments for
    services that were unnecessary or above fair market value because of her personal relationship
    with the payee. If so, these payments would qualify as either impermissible payments to a family
    member or an impermissible gift. Therefore, we request the FEC investigate whether Rep. Bush
    converted campaign funds for personal use by paying a salary that was not for bona fide services
    at fair market value. Ultimately, if one or more campaign laws are found to have been broken, we
    request the FEC hold the respondents accountable.

    Page 5 of 5

    Respectfully submitted,

    _________________________________________
    Kendra Arnold
    Executive Director
    Foundation for Accountability & Civic Trust
    1717 K Street NW, Suite 900
    Washington, D.C. 20006

    Subscribed and sworn to before me on March _____, 2023.

    __________________________________________

    Notary Public

    You might also like