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Fred Karger

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FPPC Sworn Complaint Filed Against NOM

Posted: 05/17/2012 2:01 pm

This week I filed a sworn supplemental complaint against the National Organization for Marriage (NOM) with the California Fair Political Practices Commission (FPPC). The 37 page document accuses (NOM) of not reporting $345,400 in contributions that it received from 11 donors in 2008 including GOP Presidential candidate Mitt Romney. NOM was the single largest contributor to California's Proposition 8 campaign that year.

I previously filed a complaint against the Church of Jesus Christ of Latter-day Saints (Mormon Church) with the FPPC in November of 2008 for not reporting all the money it had spent to pass Prop 8. The Mormon Church was prosecuted, investigated for 18 months, pled guilty on 13 counts of election fraud and was fined by the FPPC. I am also responsible for the ongoing 2½ year investigation of NOM by the state of Maine for money laundering in that state's 2009 election to repeal gay marriage.

In the Maine case, the Attorney General's office subpoenaed 29 documents, including NOM's 2008 federal tax returns. Exhibit #10 is where these 11 missing large contributions appeared. The names were never reported to the California Secretary of State as required by law.

Was NOM Trying to Protect its Mega-Donors?

In 2008 the brand new NOM was trying to flex its muscles on Prop 8 and show what a great fundraiser it was, but its two leaders Maggie Gallagher and Brian Brown somehow forgot to report over $345,000 in contributions that they received that year.

Missing from NOM's campaign reports was $100,000 from Sean Fieler of the New York based Equinox Partners who also serves as Chairman of NOM's American Principles Project. NOM also inadvertently left off the $150,000 that it received from "Delivery from Heaven Foundation" President Michael Casey. Casey and Fieler had each previously given $5,000 to NOM's legal arm ActRight.

The recently unsealed documents in Maine also revealed that NOM received $10,000 from Mitt Romney on October 14, 2008 through his Alabama PAC "Free and Strong America" which it did not report. That was only 3 weeks before the Prop 8 election. NOM board member Craig Cardon of Mesa, Arizona gave $25,000 that NOM did not report either. Elder Cardon is a member of the Mormon Church First Quorum of the Seventy and had served as a stake president, bishop, high councilor, counselor in a stake presidency and bishopric, elders quorum president, institute instructor, and Gospel Doctrine teacher of the Mormon Church.

The "NOM Eleven" Secret Donors

Below is the list of the eleven contributors that the "National Organization for Marriage California -- Yes on 8, Sponsored by National Organization for Marriage" did not report to the California Secretary of State in 2008 and did not want us to see.

Michael Casey - $150,000
Jamestown, RI

Sean Fieler - $100,000
New York, NY

Craig Cardon - $25,000
Mesa, AZ

Free and Strong America (Romney's Alabama PAC) - $10,000
Belmont, CA

Charles Stetson - $20,000
New York, NY

Timothy Busch - $20,000
Irvine, CA
Reported $10,000 $10,000 Not Reported

Brian Harrington - $10,000
Newtown, CT

Brent Bowden - $10,000
Mesa PA

Jim Vargas - $10,000
La Jolla, CA

Kenneth Kremensky - $9,500
El Cajon, CA
Reported $9,100 $400 Not Reported

Mark O'Brien - $5,000
Swathmore, PA

NOM was formed in 2007 to qualify and pass Proposition 8. Ever since 2009, NOM appears to try and launder money through its national organization, its Educational Fund, one of its state PACs or numerous other entities it has established to defeat pro-marriage equality candidates and pass constitutional amendments to ban gay marriage across the U.S.

The statute of limitations on filing campaign ethic's violations in California is five years.

 

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06:06 PM on 05/21/2012
In the secret donor list, Free and Strong America should be shown as located in Beverly, MA 01915. There is no municipality in California named Beverly.

Ned Flaherty
Marriage Equality USA Project Manager
12:52 PM on 05/18/2012
Please, Fred, publish a list of all those who financially supported the "No" campaign against Proposition 8. Who are these people? Did the "yes" supporters mistreat these individuals as the No supporters mistreated those who supported Proposition 8?

psmithphd
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TJMcFisty
But, I don't like other people. I like me.
06:24 PM on 05/21/2012
Here's a bunch I found using, you know, The Google:

http://achievementgap.wordpress.com/2008/10/27/honor-roll-no-on-prop-8-donors-contributors/

Feel free to cross-check these individuals against your totally fabricated list of mistreated "yes" supporters.
11:16 PM on 05/17/2012
The Church of Jesus Christ did not donate any cash to support the California Proposition 8 effort; it did donate $189,903.58 in kind in the form of travel expenses, staff time and audiovisual production services, which constituted less than one-half of one percent of the total funds donated by all organizations in support of Proposition 8.
10:41 PM on 05/17/2012
Thank you, Fred. Money laundering is, as you know, a classic LDS tactic to keep their hands in political business while keeping their noses squeaky clean. I know; I'm descended from 19th century Mormon pioneers.
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HUFFPOST SUPER USER
camotim
08:23 PM on 05/17/2012
Did you file any complaints about opponents of Prop 8 speciifically against chiurches and other 501(c)(3) organizations which spent in excess of 20% of their assets against Prop 8?>

I would have voted against Prop 8. Not now, I would heartily vote for it. The LGBT community
has shown it has no concept of Freedom of Speech (that is it is only concerned about its freedom
to affect the market place of ideads but wishes ot suppress opposing viewpoints) and its adotion
of the Phelps tactic of harassing churches has turned this supporter into a died hard opponent.

I wouldnt cry id Lawrence v. Texas was overruled and we started putting people away, for life,
for sodomy. Act like jerks, and you will be treated like jerks. And your response to Prop 8
was just plainly that o a jerk.
12:28 PM on 05/18/2012
"I would have voted against Prop 8. Not now, I would heartily vote for it. The LGBT community
has shown it has no concept of Freedom of Speech "

So you vote on rights issues not on the basis of principle but out of whether or not you find a reason to be vindictive?
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GregandJeff
Equality: Coming to a neighborhood near you!
08:13 PM on 05/21/2012
So it's okay for the churches to harass gay people through ballot measures taking their rights away but not okay for gay people to call that BS out? Taking people's rights away is not merely "an opposing viewpoint" and certainly putting people in jail for having sex with the person they love isn't either. Strongly suspect that you were never a supporter of gays to begin with and would have voted Yes on 8 anyway. Heck, you probably even donated money towards it. Maybe that's why you're upset about Fred exposing hidden donors!
07:19 PM on 05/17/2012
Mr. Karger, you are either ill-informed on legal matters or deliberately misleading. The Mormon church did not "plead guilty" to "election fraud." It was fined for regulatory non-compliance. That's a big difference--the CA FPPC says specifically on its website that it does not deal with election fraud. That's a completely different, criminal matter, handled by a completely different process and with different possible consequences. Your statement is false and you need to stop making it. See: http://mormonvoices.org/1009/legal-issues-surrounding-the-church-and-proposition-8
04:43 PM on 05/17/2012
Wonderful. The LDS Church paid something in the neighborhood of $1,700 in fines, if I recall. A pittance, no?
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HUFFPOST SUPER USER
camotim
08:25 PM on 05/17/2012
how come the LGBT community didnt go after Back Churches which supported Prop 8? Any intelligent analyst will tell you that it was these voters, nor LDS voters, which made the difference in its passage.
12:29 PM on 05/18/2012
They aren't going after voters they are going after illegal campaign financing.
04:21 PM on 05/17/2012
Keep up all of your great work, Fred!
04:20 PM on 05/17/2012
It's about damn time.
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HUFFPOST SUPER USER
camotim
08:26 PM on 05/17/2012
lets suppress all the speech which does agree with us
12:02 AM on 05/18/2012
How about we just don't allow any more money obsessed religionists to dominate our government, eh?
12:29 PM on 05/18/2012
Because money is speech now apparently.