NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION · PDF fileNEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O. Box 185 Trenton, New Jersey 08625-0185 PLEASE TAKE NOTICE that the New

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION

P.O. Box 185

Trenton, New Jersey 08625-0185

PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission

(hereafter, the Commission) hereby files a complaint against GOOD GOVERNMENT

COMMITTEE (hereafter, the Respondent Committee), a continuing political committee

(hereafter, CPC), and RAYMOND FERRAIOLI (hereafter, Respondent Ferraioli), and offers

Respondents an opportunity for a hearing pursuant to the “Administrative Procedure Act,”

N.J.S.A. 52:14B-1 et seq., to determine whether or not the Respondents failed, neglected or

omitted to file any such report or information at the time and in the manner prescribed by law, or

otherwise violated the provisions of the "The New Jersey Campaign Contributions and

Expenditures Reporting Act," N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) and N.J.A.C. 19:25-

1, et seq., (hereafter, Commission Regulations), and are therefore subject to penalties provided

by the Act. The hearing will be conducted under the legal authority and jurisdiction conferred

upon the Commission to impose penalties for violations of the Act, specifically Sections 6(b) and

22.

The Commission by way of Complaint alleges:

NEW JERSEY ELECTION LAW

ENFORCEMENT COMMISSION,

COMPLAINT AND NOTICE OF

OPPORTUNITY FOR A HEARING

Complainant,

v.

GOOD GOVERNMENT COMMITTEE

a continuing political

committee, C-Y 0000 0163 44 Q2013-2015

and

RAYMOND FERRAIOLI a.k.a.

RAY FERRAIOLI

Chairman and Treasurer

Respondents.

2

COUNT ONE

I. CALENDAR YEAR 2013

A. Late Filing of Form A-3

PROPOSED FINDINGS OF FACT:

1. Respondent Committee filed with the Commission on February 9, 2011, a Continuing

Political Committee – Registration Statement and Designation of Organizational Depository

(Form D-4).

2. Respondent Ferraioli certified quarterly reports and signed notices as the

Organizational Treasurer for Respondent Committee during the time period relevant to this

Complaint.

3. Respondent Committee reported on the Form D-4 the establishment of an

organizational depository account at Capital One Bank, 184 Essex Street, Lodi, NJ 07644, under

the name “Good Government Committee” (hereafter, the organizational depository account).

During calendar year 2013 and at all times relevant to this Complaint, Respondent Committee

maintained the organizational depository account. All contributions and expenditures relevant to

this Complaint were made to and from this organizational depository account.

4. Respondents filed with the Commission on July 26, 2013, a Committee – Sworn

Statement (Form A-3), which listed Respondent Ferraioli as Committee Chairperson, and which

was certified as correct by Respondent Ferraioli, stating that the Respondent Committee’s

expenditures in calendar year 2013 were not expected to exceed $5,500.00 in the aggregate.

PROPOSED CONCLUSIONS OF LAW:

5. Respondent Committee was at all times relevant to this Complaint, a continuing

political committee, as the term “continuing political committee” is defined at N.J.S.A. 19:44A-

3n and N.J.A.C. 19:25-1.7 and was therefore subject to the requirements of the Act and

Commission Regulations.

6. Respondent Ferraioli at all times relevant to this Complaint, certified the Form A-3 as

the Respondent Committee’s organizational treasurer, and was therefore subject to the

requirements of the Act and Commission Regulations.

7. Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(a),

to certify as correct and file on January 15, 2013, a Form A-3 for the time period from January 1,

3

2013 through December 31, 2013 (hereafter, calendar year 2013) certifying that the Respondent

Committee’s expenditures would not exceed $5,500.00, in the aggregate, during calendar year

2013.

8. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(a) by filing Form A-

3 for calendar year 2013 on July 26, 2013, 192 days late.

9. Respondent Committee and Respondent Ferraioli are each subject to imposition by

the Commission of the penalties prescribed by N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et

seq., which penalties may not be more than $7,600.00 for each reporting transaction not reported

in the manner or time prescribed by the Act or Commission Regulations.

COUNT TWO

II. 2013-Q2

A. Late Reporting of Contributor Information (in excess of $300) on Form C-3, Failure to

Properly Report Contributor Information


10. The Proposed Findings of Fact contained in Count One is repeated and incorporated

herein as if set forth in full below.

11. Upon information and belief, during the time period from April 1, 2013 through June

30, 2013 (hereafter, the 2013-Q2 reporting period), Respondents received and deposited one

contribution in excess of $300.00, in the amount of $2,500.00, received on or about May 23, 2013,

and deposited on or about June 6, 2013, from Ferraioli, Wielkotz, Cerullo & Cuva P.A.

12. Respondents filed with the Commission on December 4, 2014, a Supplemental

Contributor Information Form (hereafter, Form C-3) for the 2013-Q2 reporting period, signed by

Respondent Ferraioli, reporting for the first time contributor information relevant to the one

contribution.

13. As of the date of this Complaint, Respondents have failed to correctly report

contribution information for the one contribution received from a corporation, group or

association, listed in paragraph 11, on Form C-3.

4


14. The Proposed Conclusions of Law contained in Count One is repeated and

incorporated herein as if set forth in full below.

15. As a CPC which had filed a Form A-3 for calendar year 2013, Respondents were

required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(c) to sign and file with the

Commission on July 15, 2013, a Form C-3, to report all moneys, loans, paid personal services, or

other things of value exceeding $300.00 as a single contribution, contributed to the Respondent

Committee during the 2013-Q2 reporting period.

16. For each contribution in excess of $300.00, received during the 2013-Q2 reporting

period, Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(c), to

report the name and address of the contributor, the date of receipt and amount, and if the

contributor was an individual, the contributor’s occupation and the name and address of the

contributor’s employer.

17. Where a check is signed by an authorized representative of a corporation, group or

association, and the funds in the account on which the check is drawn are beneficially owned by

that entity, the contributor is the corporation, group or association, pursuant to N.J.A.C. 19:25-

10.15(a)3.

18. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(c), and 19:25-10.2(b)

by filing Form C-3 to report contributor information for the one contribution in the amount of

$2,500.00, received during the 2013-Q2 reporting period, 507 days late.

19. Respondents violated, and continue to violate as of the date of this Complaint

N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b), 19:25-10.2(b), and 19:235-10.15(a)3 by failing to

correctly report the contributor, where the contributor is a corporation, for the one contribution.





5

COUNT THREE

B. Failure to Report Contribution Information (in excess of $300) on Cumulative 2013

Form R-3


21. The Proposed Findings of Fact contained in Counts One and Two of this Complaint

are repeated and incorporated herein as if set forth in full below.

22. Upon information and belief, during the 2013-Q2 reporting period, Respondents

received and deposited into the organizational depository account one contribution in excess of

$300.00, in the amount of $2,500.00, as described in paragraph 11.

23. Upon information and belief, from time period from January 1, 2013 through October

21, 2013, Respondents made three expenditures, totaling $6,450.00, from the organizational

depository account, as follows:

a. $1,250.00, by check number 105, dated September 16, 2013, made payable to

“H&P Consulting”;

b. $2,600.00, by check number 106, dated October 21, 2013, made payable to

“Armwood for Freeholder”; and

c. $2,600.00, by check number 107, dated October 21, 2013, made payable to

“Kenny for Freeholder.”

24. Respondents, as of the date of this Complaint, have not filed and certified as correct

a cumulative Form R-3 for calendar year 2013.

25. Respondents, as of the date of this Complaint, have not correctly reported the receipt

of the one contribution in excess of $300.00 in the amount of $2,500.00 received during the 2013-

Q2 reporting period on a cumulative 2013 Form R-3.


26. The Proposed Conclusions of Law contained in Counts One and Two are repeated

and incorporated herein as if set forth in full below.

27. A CPC that files Form A-3 for a calendar year, and subsequently exceeds total

expenditures of $5,500.00 during that calendar year, is required to file a cumulative report pursuant

to N.J.A.C. 19:25-9.2(b), including all contributions received and all expenditures made from the

beginning of the calendar year. As Respondents filed Form A-3 for calendar year 2013, and

6

expended in excess of $5,500.00 as of October 21, 2013, Respondents were required, pursuant to

N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.2(b), to certify as correct and file with

the Commission on January 15, 2014, a cumulative 2013 Form R-3, to report all contributions

received and all expenditures made from the beginning of calendar year 2013.

28. For each contribution in excess of $300.00, Respondents were required, pursuant to

N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2(b), to report the date of receipt and the amount of the

contribution, and the name and mailing address of the contributor. Where the contributor was an

individual, Respondents were also required, pursuant to N.J.A.C. 19:25-10.2A, to report the

individual’s occupation, as well as the name and mailing address of the contributor’s employer.




10.15(a)3.

30. Respondents violated, and continue to violate as of the date of this Complaint,

N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), by failing to file and certify as correct a cumulative

Form R-3 for calendar year 2013.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), 19:25-10.2(b) and 19:25-10.2A by failing to file

and certify as correct a cumulative Form R-3 for calendar year 2013 to report the receipt of the

one contribution in the amount of $2,500.00 received during the 2013-Q2 reporting period.





COUNT FOUR

III. 2013-Q3

A. Failure to Report Expenditure Information on Cumulative 2013 Form R-3


33. The Proposed Findings of Fact contained in Counts One through Three are repeated

and incorporated herein as if set forth in full below.

7

34. Upon information and belief, during the time period from July 1, 2013 through

September 30, 2013 (hereafter the 2013-Q3 reporting period), the Respondents made one

expenditure, in the amount of $1,250.00, from the organizational depository account, as described

in paragraph 23, item a.

35. As of the date of this Complaint, Respondents have not filed with the Commission a

cumulative 2013 Form R-3 to report expenditure information for this expenditure.


36. The Proposed Conclusions of Law contained in Counts One through Three are

repeated and incorporated herein as if set forth in full below.



to N.J.A.C. 19:25-9.2(b), and continue filing quarterly reports for the remainder of that calendar

year, pursuant to N.J.A.C. 19:25-9.2(b)2. As Respondents filed Form A-3 for calendar year 2013,

and expended in excess of $5,500.00 as of October 21, 2013, Respondents were required, pursuant

to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b)2 and 19:25-10.2(b), to certify as correct and file

with the Commission on January 15, 2014, a Form R-3, to report all contributions received and all

expenditures made for calendar year 2013, that is, a cumulative 2013 Form R-3, disclosing all

expenditure information, including the date the expenditure was made, the full name and address

of the payee, the purpose and amount, and the check number for each expenditure transaction

made, incurred or authorized during the calendar year.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-12.2, by failing to file and certify as

correct a cumulative 2013 Form R-3, to report the one expenditure made in the 2013-Q3 reporting

period.





8

COUNT FIVE

IV. 2013-Q4

A. Late Reporting and Failure to Correctly Report Contributor Information (in excess

of $300) on Cumulative 2013 Form R-3


40. The Proposed Findings of Fact contained in Counts One through Four of this

Complaint are repeated and incorporated herein as if set forth in full below.

41. Upon information and belief, during the time period from October 1, 2013 through

December 31, 2013 (hereafter, the 2013-Q4 reporting period), Respondents received and

deposited 11 contributions, totaling $42,800.00, each in excess of $300.00, into the organizational

depository account, as follows:

a. $1,000.00 from Ferraioli, Wielkotz, Currllo & Cuva, P.A., deposited on or about

October 15, 2013;

b. $1,000.00 from Ferraioli, Wielkotz, Currllo & Cuva, P.A., deposited on or about

October 15, 2013;

c. $1,000.00 from Ferraioli, Wielkotz, Currllo & Cuva, P.A., deposited on or about

October 15, 2013;

d. $1,300.00 from Ferraioli, Wielkotz, Currllo & Cuva, P.A., deposited on or about

October 15, 2013;

e. $1,700.00 from Adams, Rehmann & Heggan Associates, Inc., deposited on or

about October 15, 2013;

f. $5,200.00 from Hodulik & Morrison, P.A., deposited on or about October 21,

2013;

g. $6,000.00 from Fairview Insurance Agency Associates, Inc., deposited on or


h. $7,200.00 from C.J. Nesti Materials, deposited on or about October 29, 2013;

i. $4,000.00 from Adams, Rehmann & Heggan Associates, Inc., deposited on or


j. $7,200.00 from Richard A. Alaimo Associates, deposited on or about November

4, 2013; and

k. $7,200.00 from T&M Associates, deposited on or about November 7, 2013.

9

42. Respondents filed with the Commission on December 10, 2014, a Receipts and

Expenditures Quarterly Report (Hereafter, Form R-3) certified as correct by Respondent Ferraioli

(hereafter, the 2013-Q4 report), designated as a quarterly report for the fourth quarter of 2013.

43. Respondents reported for the first time on the 2013-Q4 report, contributor

information relevant to contributions listed in paragraph 41, items a-k, with incorrect contributor

information.


contributor information for the eleven contributions received from a corporation, group or

association, listed in paragraph 41, items a-k.

45. As of the date of this Complaint, Respondents have not filed with the Commission a

cumulative 2013 Form R-3 to report contributor information for the eleven contributions listed in

paragraph 41, and the one contribution listed in paragraph 11.


46. The Proposed Conclusions of Law contained in Counts One through Four of this

Complaint are hereby repeated and incorporated herein as if set forth in full below.








expenditures made for calendar year 2013, that is, a cumulative 2013 Form R-3.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2, to report the date of receipt and the amount of the

contribution, and the name and mailing address of the contributor.




10.15(a)3.

10

50. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b) and 19:25-10.2(b)

by filing contributor information for the 11 contributions on the 2013-Q4 Report, 329 days late.



correctly report the contributor on the 2013-Q4 Report, where the contributor is a corporation, for

the 11 contributions.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.2, by failing to certify as correct and

file a cumulative 2013 Form R-3, to report the 12 contributions received during the 2013 calendar

year.





COUNT SIX

B. Failure to Report Contributor Information (in excess of $1,400) on Cumulative Form C-

3


54. The Proposed Findings of Fact contained in Counts One through Five of this


55. Upon information and belief, during the period of time after the closing date of the

2013-Q3 reporting period (September 30, 2013) and more than 13 days before the date of the

general election, held on November 5, 2013 (October 22, 2013) (hereafter, 2013-Q4 Cumulative

C-3 reporting period), Respondents received and deposited into the organizational depository

account six contributions, each in excess of $1,400.00 in the aggregate, totaling $11,200.00,

described in paragraph 41, as items a – f.

56. Respondents have not signed and filed with the Commission on or before October

25, 2013, or within 48 hours of receiving the contribution, a Form C-3 for the 2013-Q4 Cumulative

C-3 reporting period, to report the six contributions.

11


57. The Proposed Conclusions of Law contained in Counts One through Five of this


58. Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.3,

to file on October 25, 2013, the 11th day before the 2013 general election, held on November 5,

2013, a Form C-3, to report all contributions in excess of $1,400.00 in the aggregate from one

source, received during the 2013-Q4 Cumulative C-3 reporting period, including the date of receipt

and the amount of the contribution, and the name and mailing address of the contributor.

59. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.3, by failing to file on

or before October 25, 2013 or within 48 hours of receipt of the contribution a Form C-3 for the

2013-Q4 Cumulative C-3 reporting period.





COUNT SEVEN

C. Late Reporting of the Sum of Contributions of $300.00 or Less


61. The Proposed Findings of Fact contained in Counts One through Six of this

Complaint are repeated and incorporated as if set forth in full below.


received and deposited into the depository account contributions totaling $900.00.

63. Respondents reported on December 10, 2014, on the 2013-Q4 report, the sum of

contributions of $300.00 or less, totaling $900.00.

64. Respondents failed to certify as correct and file a cumulative 2013 Form R-3 to report

the sum of these contributions, totaling $900.00.


65. The Proposed Conclusions of Law contained in Counts One through Six of this


12

66. Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b)

and 19:25-10.3, to certify as correct and file on January 15, 2014, a cumulative 2013 Form R-3,

and report contributions received during the 2013 calendar year, where each contribution was

$300.00 or less from contributors, each of whose contributions to the Respondent Committee in

calendar year 2013 did not exceed $300.00 in the aggregate (hereafter, sum of contributions of

$300.00 or less).

67. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.3,

by filing the 2013-Q4 report on December 10, 2014, 329 days late, to report the sum of

contributions of $300.00 or less received during the 2013-Q4 reporting period, required to be

reported on a 2013 cumulative Form R-3.

68. Respondents violated, and continue to violate N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-

9.2(b) and 19:25-10.3, by failing to file and certify as correct a cumulative 2013 Form R-3.





COUNT EIGHT

D. Failure to Report and Late Reporting of Expenditure Information on Form R-3


70. The Proposed Findings of Fact contained in Counts One through Seven of this



made eight expenditures, totaling $44,715.20 from the organizational depository account, as

follows:

a. $2,600.00, by check number 106, dated October 21, 2013, made payable to

“Armwood for Freeholder”;

b. $2,600.00, by check number 107, dated October 21, 2013, made payable to

“Kenny for Freeholder”;

c. $7,200.00, by check number 108, dated October 24, 2013, made payable to

“Citizens for Tamburro & Schneider”;

13

d. $9,080.20, by check number 110, dated October 28, 2013, made payable to “H&P

Consulting”;

e. $11,300.00, by check number 111, dated October 30, 2013, made payable to

“Team Venezia”;

f. $7,200.00, by check number 112, dated November 1, 2013, made payable to

“Langford for Mayor”;

g. $4,700.00, by check number 114, dated November 8, 2013, made payable to

“South Plainfield Democratic Organization”; and

h. $35.00, bank fee, dated November 30, 2013, to “Capital One Bank.”

72. Respondents reported for the first time on December 10, 2014, on the 2013-Q4 report,

expenditure information for the seven expenditures listed in paragraph 71, items a - e, and g - h.

73. Respondents, as of the date of this Complaint, have not reported expenditure

information for the one expenditure listed in paragraph 71, as item f.

74. Respondents failed to certify as correct and file a cumulative 2013 Form R-3 to report

the expenditure information for these eight expenditures.


75. The Proposed Conclusions of Law contained in Counts One through Seven of this







to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b)2 and 19:25-12.2, to certify as correct and file with

the Commission on January 15, 2014, a cumulative 2013 Form R-3, to report all contributions

received and all expenditures made in calendar year 2013.


and 19:25-12.2, to certify as correct and file on January 15, 2014, a 2013 cumulative Form R-3,

reporting all expenditure information, including the date the expenditure was made, the full name

14

and address of the payee, the purpose and amount, and the check number for each expenditure

incurred during calendar year 2013.

78. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b) and 19:25-12.2 by

reporting the expenditure information for the seven expenditures listed in paragraph 71, items a -

e, and g – h 329 days late.

79. Respondents violated, and continue to violate N.J.S.A. 19:44A-8, N.J.A.C. 19:25-

9.2(b) and 19:25-12.2 by failing to report expenditure information for the expenditure listed in

paragraph 71, as item f.


N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b) by failing to file a cumulative 2013 Form R-3 to report

expenditure information for the eight expenditures listed in paragraph 71.





COUNT NINE

E. Failure to Report Expenditure Information (in excess of $1,400) on Cumulative Form E-

3


82. The Proposed Findings of Fact contained in Counts One through Eight of this


83. Upon information and belief, during the period of time after the September 30, 2013,

the closing date of the 2013-Q3 reporting period and more than 13 days before the date of the

general election, held on November 5, 2013 (October 22, 2013) (hereafter, 2013-Q4 Cumulative

E-3 reporting period), Respondents made two expenditures to candidates, in excess of $1,400.00,

totaling of $5,200.00, described in paragraph 71, as items a and b.

84. Respondents have not filed with the Commission on or before October 25, 2013, or

within 48 hours of making the expenditure, a Form E-3 for the 2013-Q4 Cumulative E-3 reporting

period, to report the expenditure information for the two expenditures.

15


85. The Proposed Conclusions of Law contained in Counts One through Eight of this




2013, a Form E-3, to report all expenditures in excess of $1,400.00, made to support or defeat a

candidate, during the 2013-Q4 Cumulative E-3 reporting period, including the name and address

of the recipient, the date, the amount and purpose of the expenditure.

87. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.4, by failing to file a

by October 25, 2013 a Form E-3 for the 2013-Q4 Cumulative E-3 reporting period.





COUNT TEN

F. Failure to File 48-Hour Notice for a Contribution (in excess of $1,400) on Form C-3


89. The Proposed Findings of Fact contained in Counts One through Nine of this


90. Upon information and belief, during the period of time from October 23, 2013 and

the date of the 2013 general election (November 5, 2013) (hereafter, 2013-Q4 48-hour reporting

period), the Respondent Committee received and deposited four contributions, each in excess of

$1,400.00, totaling $24,400.00, described in paragraph 41, items g – j.

91. Respondents have not filed with the Commission a Supplemental Contributor

Information 48-hour notice (hereafter, Form C-3), for the 2013-Q4 48-hour reporting period, to

report within 48 hours contributor information for the four contributions.


92. The Proposed Conclusions of Law contained in Counts One through Nine of this


16

93. Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.3

to file a Form C-3 to report within 48-hours receipt of all contributions in excess of $1,400.00,

received during the 2013-Q4 48-hour notice reporting period, including the date and amount of

the contribution, and the name and mailing address of the contributor. These Forms C-3 were

required to have been filed on the following dates: October 31, 2013 for the contributions described

in paragraph 41, items g and h, November 1, 2013 for the contribution described in paragraph 41

as item i, and November 6 for the contribution described in paragraph 41 as item j.

94. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.3, by failing to file

these Forms C-3, for the four contributions totaling $24,400.00.





COUNT ELEVEN

G. Failure to File 48-Hour Notice for an Expenditure (in excess of $1,400) on Form E-3


96. The Proposed Findings of Fact contained in Counts One through Ten of this


97. Upon information and belief, during the 2013-Q4 48-hour reporting period, the

Respondent Committee made three expenditures, each in excess of $1,400.00, totaling $25,700.00,

as described in paragraph 71 as items c, e, and f.

98. Respondents have not filed with the Commission a Supplemental Expenditure

Information 48-hour notice (hereafter, Form E-3), for the 2013-Q4 48-hour reporting period, to

report the expenditure information for the three expenditures.


99. The Proposed Conclusions of Law contained in Counts One through Ten of this



to file within 48-hours, Forms E-3, to report all expenditures in excess of $1,400.00, made during

17

the 2013-Q4 48-hour notice reporting period, including the name and address of the recipient, as

well as the date, amount and purpose of the expenditure. These Forms E-3 were required to be

filed on the following dates: On October 28, 2013, November 1, 2013, and November 4, 2013, for

the expenditures made to support a candidate as described in paragraph 71, as items c, e, and f,

respectively.


each of these Forms E-3, for the three expenditures totaling $25,700.00 within 48 hours of making

each expenditure.

102. Respondent Committee and Respondent Ferraioli are each subject to imposition

by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et



COUNT TWELVE

V. 2014-Q1

A. Late Reporting, Failure to Correctly Report Contributor Information (in excess of $300)

on Form R-3


103. The Proposed Findings of Fact contained in Counts One through Eleven of this


104. Respondents filed with the Commission on January 10, 2014, a Committee – Sworn

Statement (Form A-3), which was certified as correct by Respondent Ferraioli, stating that the

Respondent Committee’s expenditures in calendar year 2014 were not expected to exceed

$5,500.00 in the aggregate.

105. Upon information and belief, during the time period from January 1, 2014 through

March 31, 2014 (hereafter, the 2014-Q1 reporting period), Respondents received and deposited

three contributions, each in excess of $300.00, totaling $7,500.00, as follows:

a. $2,500.00 from Richard A. Alaimo Engineering Associates, deposited on or

about February 20, 2014;

b. $2,500.00 from Ferraioli, Wielkotz, Currllo & Cuva, P.A., deposited on or about

February 20, 2014; and

18

c. $2,500.00 from RSC Architects, deposited on or about February 25, 2014.


made three expenditures, totaling $7,750.00, from the organizational depository account, as

follows:

a. $5,000.00, by check number 116, dated February 7, 2014, made payable to

“Victory 2014”;

b. $2,500.00, by check number 117, dated February 18, 2014, made payable to

“Bergen County Democratic Organization”; and

c. $250.00, by check number 118, dated March 17, 2014, made payable to “The

Committee to Elect Ras Baraka.”

107. Respondents filed with the Commission on June 19, 2014, a Form R-3, certified as

correct by Respondent Ferraioli (hereafter, the 2014-Q1 report), for the 2014-Q1 reporting period.


information for the three contributions.


contribution information for the three contributions.


110. The Proposed Conclusions of Law contained in Counts One through Eleven of this






and expended in excess of $5,500.00 as of February 18, 2014, Respondents were required, pursuant


with the Commission on April 15, 2014, a Form R-3, to report all contributions received and all

expenditures made for the 2014-Q1 reporting period.

112. For each contribution in excess of $300.00, Respondents were required, pursuant

to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2, to report the date of receipt, the amount of the


19

113. Where the contributor was an individual, Respondents were also required, pursuant

to N.J.A.C. 19:25-10.2A, to report the individual’s occupation, as well as the name and mailing

address of the contributor’s employer.




10.15(a)3.


by reporting the contributor information for the three contributions 65 days late.



correctly report the contributor name, for the three contributions.




in the manner or time prescribed by the Act or Commission Regulations

COUNT THIRTEEN

B. Late Reporting of Expenditure Information on Form R-3


118. The Proposed Findings of Fact contained in Counts One through Twelve of this


119. Upon information and belief, in the 2014-Q1 reporting period, Respondents made

three expenditures, totaling $7,750.00, from the organizational depository account, as described in

paragraph 106.

120. On June 19, 2014, Respondents reported for the first time on the 2014-Q1 report,

expenditure information for the two expenditures totaling $2,750.00, described in paragraph 106

as items b and c.

121. Respondents filed with the Commission on August 22, 2014, a Form R-3, certified

as correct by Respondent Ferraioli, (hereafter, the 2014-Q2 report) designated for the period of

time from April 1, 2014 to June 30, 2014 (hereafter, the 2014-Q2 reporting period).

20

122. Respondents reported for the first time on the 2014-Q2 report, expenditure

information for the one expenditure in the amount of $5,000.00, made on February 7, 2014,

described in paragraph 106 as item a.


123. The Proposed Conclusions of Law contained in Counts One through Twelve of this








the Commission on April 15, 2014, a Form R-3, to report all contributions received and all


125. Respondents were required, pursuant to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-

9.2(b) and 19:25-12.2, to report on April 15, 2014, on the Form R-3, all expenditure information,

including the date the expenditure was made, the full name and address of the payee, the purpose

and amount, and the check number for each expenditure transaction made, incurred or authorized

during the 2014-Q1 reporting period.

126. Respondents violated N.J.S.A. 19:44A-8, and 19:25-12.2 by filing the 2014-Q1

report on June 19, 2014, reporting 65 days late the expenditure information for the two

expenditures listed in paragraph 106 as items b and c.


report on August 22, 2014, reporting 129 days late the expenditure information for the one

expenditure listed in paragraph 106 as item a, which was required to have been reported on the

2014-Q1 report.





21

COUNT FOURTEEN

VI. 2014-Q2

A. Failure to Report and Late Reporting of Contributor Information (in excess of $300), and

Failure to Report an Individual Contributor Address on Form R-3


129. The Proposed Findings of Fact contained in Counts One through Thirteen of this


130. Upon information and belief, during the 2014-Q2 reporting period Respondents

received and deposited 12 contributions, each in excess of $300.00, totaling $23,000.00, as

follows:

a. $1,000.00, received on or about May 8, 2014, from Robert G. Torricelli;

b. $1,000.00, received on or about May 8, 2014, from John B. McManus;

c. $2,500.00, received on or about May 8, 2014, from Hodulik & Morrison, P.A.;

d. $2,500.00 received on or about May 8, 2014, from Ferraioli, Wielkotz, Cerullo &

Cuva P.A.;

e. $1,000.00 received on or about May 9, 2014, from Steven A. Weiner;

f. $2,000.00, received on or about May 9, 2014, from T&M Associates;

g. $1,000.00, received on or about June 10, 2014, from Jay Cornell;

h. $2,500.00, received on or about June 10, 2014, from David Samuel;

i. $5,000.00, received on or about June 10, 2014, from Dennis J. Enright;

j. $2,500.00, received on or about June 10, 2014, from Archer & Greiner, PC;

k. $1,000.00, received on or about June 10, 2014, from Millenium Strategies LLC;

and

l. $1,000.00, received on or about June 25, 2014, from Robert G. Torricelli.

131. Respondents reported for the first time on August 22, 2014, on the 2014-Q2 report,

contributor information for the four contributions described in paragraph 130, as items c, d, f, and

j.

132. Respondents reported for the first time on the 2014-Q2 report, partial contributor

information for the eight contributions described in paragraph 130, as items a, b, e, g – i, k, and l.

22

133. Respondents did not report, and have not reported as of the date of this Complaint,

the individual contributor addresses for the eight contributions, described in paragraph 130, as

items a, b, e, g – i, k, and l.


contributor information for the four contributions received from a corporation, group or

association, listed in paragraph 130, as items c, d, f, and j.


135. The Proposed Conclusions of Law contained in Counts One through Thirteen of this



expenditures of $5,500.00 during that calendar year, is required to file quarterly reports pursuant

to N.J.A.C. 19:25-9.2(b). As Respondents filed Form A-3 for calendar year 2014, and expended

in excess of $5,500.00 as of February 18, 2014, Respondents were required, pursuant to N.J.S.A.

19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.2(b), to certify as correct and file with the

Commission on July 15, 2014, a Form R-3, to report all contributions received and all expenditures

made for the 2014-Q2 reporting period.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2, to report the date of receipt and the amount of the



to N.J.A.C. 19:25-10.2A, to report the individual’s occupation, as well as the name and mailing





10.15(a)3.

140. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), 19:25-10.2(b),

by filing late 38 days late, on August 22, 2014, the 2014-Q2 report, reporting for the first time the

four contributions described in paragraph 130, as items c, d, f, and j.

23


by filing late 38 days late, on August 22, 2014, the 2014-Q2 report, partial contributor information

for the eight contributions described in paragraph 130, as items a, b, e, g – i, k,and l.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), 19:25-10.2(b) by failing to report the individual

contributor’s address for the eight contributions described in paragraph 130, as items a, b, e, g – i,

k, and l.



correctly report the contributor, where the contributor is a corporation or association, for the four

contributions described in paragraph 130, as items c, d, f, and j.





COUNT FIFTEEN

B. Late Reporting of the Sum of Contributions of $300.00 or Less


145. The Proposed Findings of Fact contained in Counts One through Fourteen of this


146. During the 2014-Q2 reporting period, Respondents received and deposited the sum

of contributions of $300.00 or less totaling $595.00.

147. Respondents reported on August 22, 2014, on the 2014-Q2 report, the sum of

contributions of $300.00 or less, totaling $595.00.


148. The Proposed Conclusions of Law contained in Counts One through Fourteen of this



and 19:25-10.3, to certify as correct and file on July 15, 2014, a 2013 Form R-3, and to report

24

contributions received during the 2014-Q2 reporting period, where each contribution was $300.00

or less from each contributor.

150. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.3,

by filing the 2014-Q2 report on August 22, 2014, 38 days late, to report the sum of contributions

of $300.00 or less received during the 2014-Q2 reporting period.





COUNT SIXTEEN

C. Late Reporting of Expenditure Information on Form R-3


152. The Proposed Findings of Fact contained in Counts One through Fifteen of this



made six expenditures, totaling $12,579.27 from the organizational depository account, as follows:

a. $2,500.00, by check number 119, dated May 7, 2014, made payable to “Sayegh

for Mayor”;

b. $2,500.00, by check number 120, dated May 8, 2014, made payable to “H&P

Consulting”;

c. $2,000.00, by check number 121, dated May 9, 2014, made payable to “Sayegh

for Mayor”;

d. $5,000.00, by check number 122, dated June 11, 2014, made payable to “H&P

Consulting”;

e. $379.27, by check number 124, dated June 19, 2014, made payable to “H&P

Consulting”; and

f. $200.00, by check number 126, dated June 26, 2014, made payable to “Anibal

Ramos, Jr. Civic Assn.”

154. Respondents reported for the first time on August 22, 2014, on the 2014-Q2 report,

expenditure information for the five expenditures listed in paragraph 153, items a - e.

25

155. Respondents filed with the Commission on November 17, 2014, a Form R-3,

certified as correct by Respondent Ferraioli, (hereafter, the 2014-Q3 report) designated for the

period of time from July 1, 2014 to November 30, 2014 (hereafter, the 2014-Q3 reporting period).

156. Respondents reported for the first time on November 17, 2014, on the 2014-Q3

report, expenditure information for the one expenditure listed in paragraph 153, as item f.


157. The Proposed Conclusions of Law contained in Counts One through Fifteen of this








the Commission on July 15, 2014, a Form R-3, to report all contributions received and all



9.2(b) and 19:25-12.2, to report on the Form R-3 all expenditure information, including the date

the expenditure was made, the full name and address of the payee, the purpose and amount, and

the check number for each expenditure transaction made, incurred or authorized during the 2014-

Q2 reporting period.


report on August 22, 2014, reporting 38 days late the expenditure information for the five

expenditures listed in paragraph 153, items a - e.


report on November 17, 2014, reporting 125 days late the expenditure information for the one

expenditure listed in paragraph 153, as item f, which was required to have been reported on the

2014-Q2 report.



26



COUNT SEVENTEEN

D. Failure to Report Expenditure Information (in excess of $1,400) on Cumulative Form E-3


163. The Proposed Findings of Fact contained in Counts One through Sixteen of this


164. Upon information and belief, during the period of time after the March 31, 2014

closing date of the 2014-Q1 reporting period and more than 13 days before the date of the primary

election, held on June 3, 2014 (May 21, 2014) (hereafter, 2014-Q2 Cumulative E-3 reporting

period), the Respondent Committee made two expenditures to candidates, in excess of $1,400.00,

totaling $4,500.00, as described in paragraph 153 as items b and c.

165. Respondents have not filed with the Commission by May 23, 2014 a cumulative

Form E-3, for the 2014-Q2 Cumulative E-3 reporting period, to report the expenditure

information for the two expenditures.


166. The Proposed Conclusions of Law contained in Counts One through Sixteen of this



to file on May 23, 2014, the 11th day before the primary election held on June 3, 2014, a cumulative

Form E-3, to report all expenditures in excess of $1,400.00 in the aggregate, made to support or

defeat a candidate, during the 2014-Q2 Cumulative E-3 reporting period, including the name and

address of the recipient, and the date, amount and purpose of the expenditure.


a cumulative Form E-3, for the 2014-Q2 Cumulative E-3 reporting period, to report the

expenditure information for the two expenditures.



27



COUNT EIGHTEEN

VII. 2014-Q3

A. Failure to Report and Late Reporting of Contributor Information (in excess of $300), and

Failure to Report an Individual Contributor Address on Form R-3


170. The Proposed Findings of Fact contained in Counts One through Seventeen of this


171. Upon information and belief, during the time period from July 1, 2014 through

September 30, 2014 (hereafter, the 2014-Q3 reporting period), Respondents received and

deposited six contributions, each in excess of $300.00, totaling $13,200.00, as follows:

a. $1,000.00, received on or about July 25, 2014, from Millenium Strategies LLC;

b. $1,000.00, received on or about July 25, 2014, from Eric M. Bernstein & Assoc.,

LLC;

c. $2,600.00, received on or about July 25, 2014, from Richard A. Alaimo

Associates.;

d. $7,200.00 received on or about August 21, 2014, from Eric M. Bernstein &

Assoc. LLC;

e. $1,000.00, received on or about September 6, 2014, from John B. McManus/N.

American Ins Mgmt Corp; and

f. $400.00, received on or about September 6, 2014, from RSC Architects.

172. Respondents reported for the first time on November 17, 2014 on the 2014-Q3

report, contributor information for the four contributions described in paragraph 171, as items a –

d.

173. Respondents filed with the Commission on January 26, 2015, a Form R-3, certified

as correct by Respondent Ferraioli, (hereafter, the 2014-Q4 report) designated for the time period

from October 1, 2014 through December 31, 2014 (hereafter, the 2014-Q4 reporting period).


information for the contribution described in paragraph 171, as item f.

28

175. Respondents reported for the first time on the 2014-Q4 report, partial contributor

information for one contribution, described in paragraph 171 as item e.

176. Respondents did not report, and have not reported as of the date of this Complaint,

the individual contributor addresses for the contributions described in paragraph 171, as items a,

b, d, and e.

177. Respondents reported individual contributor names for the two contributions received

from a corporation, group or association, listed in paragraph 171, as items c and f.


178. The Proposed Conclusions of Law contained in Counts One through Seventeen of

this Complaint are repeated and incorporated herein as if set forth in full below.


expenditures of $5,500.00 during that calendar year, is required to file quarterly reports pursuant

to N.J.A.C. 19:25-9.2(b). As Respondents filed Form A-3 for calendar year 2014, and expended

in excess of $5,500.00 as of February 18, 2014, Respondents were required, pursuant to N.J.S.A.

19:44A-8 and N.J.A.C. 19:25-9.2(b) and 19:25-10.2(b), to certify as correct and file with the

Commission on October 15, 2014, a Form R-3, to report all contributions received and all



N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2, to report the date of receipt the amount of the



to N.J.A.C. 19:25-10.2A, to disclose the individual’s occupation, as well as the name and mailing





10.15(a)3.


by reporting 33 days late, on November 17, 2014 on the 2014-Q3 report, for the first time the four

contributions described in paragraph 171, as items a – d.

29


by reporting on January 26, 2015, on the 2014-Q4 report, for the first time the one contribution,

described in paragraph 171 as item e, which was required to have been reported on the 2014-Q3

report, 103 days late.


by reporting on January 26, 2014, on the 2014-Q4 report, partial contributor information for the

contributions described in paragraph 171, as items a, b, d, and e, which also was required to have

been reported on the 2014-Q3 report.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), 19:25-10.2(b) by failing to report the individual

contributor’s address for the one contribution described in paragraph 171, as item e.



correctly report the contributor, where the contributor is a corporation, group or association, for

the contributions described in paragraph 171, as items c and f.





COUNT NINETEEN

B. Late Reporting of Expenditure Information on Form R-3


189. The Proposed Findings of Fact contained in Counts One through Eighteen of this



made seven expenditures, totaling $12,697.58, as follows:

a. $5,000.00, by check number 127, dated July 1, 2014, made payable to “H&P

Consulting”;

b. $400.00, by check number 128, dated July 1, 2014, made payable to “Jeff Gardner

for Passaic County Clerk”;

30

c. $250.00, by check number 129, dated July 22, 2014, made payable to “Committee

to Elect Chris James”;

d. $250.00, by check number 130, dated July 24, 2014, made payable to “Grillo &

Luttrell for Freeholder”;

e. $1,097.58, by check number 131, dated August 27, 2014, made payable to “Pitney

Bowes Purchase Power”;

f. $5,000.00, by check number 134, dated September 5, 2014, made payable to

“H&P Consulting”; and

g. $700.00, by check number 132, dated September 18, made payable to “Passaic

County Democratic Organization.”

191. Respondents reported for the first time on November 17, 2014, on the 2014-Q3

report, expenditure information for the seven expenditures.


192. The Proposed Conclusions of Law contained in Counts One through Eighteen of








the Commission on October 15, 2014 a quarterly report, Form R-3, to report all contributions

received and all expenditures made in the 2014-Q3 reporting period.


9.2(b) and 19:25-12.2, to certify as correct and file on October 15, 2014, a Form R-3, reporting all

expenditure information, including the date the expenditure was made, the full name and address

of the payee, the purpose and amount, and the check number for each expenditure transaction

made, incurred or authorized during the 2014-Q3 reporting period.

31

195. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b) and 19:25-12.2 by

reporting 33 days late the expenditure information for the seven expenditures listed in paragraph

190.





COUNT TWENTY

VIII. 2014-Q4

A. Late Reporting and Failure to Report Contributor Information (in excess of $300) on

Form R-3


197. The Proposed Findings of Fact contained in Counts One through Nineteen of this

Complaint are repeated and incorporated herein as if set forth in full below


received and deposited four contributions, each in excess of $300.00, totaling $7,900.00, as

follows:

a. $1,500.00 from Garden State Science and Technology Institute., deposited on or


b. $2,000.00 from Maser Consulting, P.A., deposited on or about November 14,

2014;

c. $2,500.00 from T&M Associates, deposited on or about November 21, 2014; and

d. $1,900.00 from Richard A. Alaimo Associates, deposited on or about November

21, 2014.


information for the two contributions listed in paragraph 198 as items c and d.

200. Respondents did not report on the 2014-Q4 report, and have not reported as of the

date of this Complaint, complete contributor information for the two contributions listed in

paragraph 198 as items a and b.

32


201. The Proposed Conclusions of Law contained in Counts One through Nineteen of

this Complaint are hereby repeated and incorporated herein as if set forth in full below.









203. For each contribution in excess of $300.00, Respondents were required, pursuant

to N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-10.2, to report the date of receipt, the amount of the



by reporting contributor information for the two contributions listed in paragraph 198 as items c

and d, 11 days late.


N.J.S.A. 19:44A-8, N.J.A.C. 19:25-9.2(b) and 19:25-10.2(b) by failing to report contributor

information for the two contributions listed in paragraph 198 as items a and b.




in the manner or time prescribed by the Act or Commission Regulations

COUNT TWENTY ONE

B. Failure to Report and Late Reporting of Expenditure Information on Form R-3


207. The Proposed Findings of Fact contained in Counts One through Twenty of this


33


made 29 expenditures, totaling $20,500.08, as follows:

a. $500.00, by check number 133, dated October 1, 2014, made payable to “Pitney


b. $5,000.00, by check number 136, dated October 7, 2014, made payable to “H&P

Consulting”;

c. $1,132.43, by check number 137, dated October 9, 2014, made payable to “Mint

Printing”;

d. $1,500.00, by check number 138, dated October 16, 2014, made payable to

“Lauren Murphy for Clifton Council”;

e. $350.00, by check number 139, dated October 29, 2014, made payable to “Pitney


f. $300.00, by check number 135, dated October 1, 2014, made payable to “Friends

of Jim Tedesco for County Executive”;

g. $5,000.00, by check number 140, dated October 31, 2014, made payable to

“NJDSC”;

h. $600.00, by check number 141, dated October 15, 2014, made payable to “Joseph

DiVincenzo for County Executive”;

i. $37.75, by debit, dated November 4, 2014, made payable to “Dunkin

Donuts/Baskin Robbins”;

j. $38.05, by debit, dated November 4, 2014, made payable to “River View Diner”;

k. $500.00, by check number 142, dated November 4, 2014, made payable to “Silk

PAC”;

l. $69.78, by debit, dated November 5, 2014, made payable to “Bistro 650”;

m. $74.06, by debit, dated November 13, 2014, made payable to “Il Villaggio”;

n. $2,000.00, by electronic transfer, dated November 18, 2014, made payable to

“Master Consulting P.A.”;

o. $10.00, as a returned check bank fee, dated November 18, 2014, made payable to

“Capital One Bank”;

p. $59.22, by debit, dated November 19, 2014, made payable to “The Chelsea

Hotel”;

34

q. $397.60, by debit, dated November 20, 2014, made payable to “The Borgata

Hotel”;

r. $59.36, by debit, dated November 24, 2014, made payable to “The Brass Rail”;

s. $500.00, by check number 143, dated November 25, 2014, made payable to

“Pitney Bowes Purchase Power”;

t. $1,000.00, by check number 144, dated December 1, 2014, made payable to “East

Ward Democratic Committee”;

u. $36.39, by debit, dated December 3, 2014, made payable to “Kellari’s Taverna”;

v. $35.00, by debit, dated December 4, 2014, made payable to “Parkfast”;

w. $2.00, by debit, dated December 4, 2014, made payable to “Parking Utility of

Hoboken”;

x. $22.00, by debit, dated December 4, 2014, made payable to “Observer Highway”;

y. $372.83, by debit, dated December 9, 2014, made payable to “Target”;

z. $148.59, by debit, dated December 11, 2014, made payable to “Jamie’s Cigar Bar

and Restaurant”;

aa. $294.25, by check number 145, dated December 17, 2014, made payable to “Mint

Printing”;

bb. $127.00, by debit, dated December 22, 2014, made payable to “Jamie’s Cigar Bar

and Restaurant”; and

cc. $333.77, by check number 146, dated December 29, 2014, made payable to

“Pitney Bowes Purchase Power.”

209. Respondents reported for the first time on January 26, 2015, on the 2014-Q4 report,

expenditure information for the 27 expenditures listed in paragraph 209, as items a – m and o –

bb.

210. Respondents filed with the Commission on April 24, 2015, a Form R-3, certified as

correct by Respondent Ferraioli, (hereafter, the 2015-Q1 report) designated for the period of time

from January 1, 2015 to March 31, 2015 (hereafter, the 2015-Q1 reporting period).

211. Respondents reported for the first time on April 24, 2015, on the 2015-Q1 report,

expenditure information for the one expenditure listed in paragraph 209, as item cc.

35

212. As of the date of this Complaint, Respondents have not reported expenditure

information for the expenditure listed in paragraph 209, as item n, which amount was a return of

the contribution listed in paragraph 198, as item b.


213. The Proposed Conclusions of Law contained in Counts One through Twenty of this








the Commission on January 15, 2015, a Form R-3, to report all contributions received and all



9.2(b) and 19:25-12.2, to report on the Form R-3 all expenditure information, including the date

the expenditure was made, the full name and address of the payee, the purpose and amount, and

the check number for each expenditure.

216. Respondents violated N.J.S.A. 19:44A-8, and 19:25-12.2 by reporting on January

26, on the 2014-Q4 report, the expenditure information for the 27 expenditures listed in paragraph

209, as items a – m and o – bb, 11 days late.

217. Respondents violated N.J.S.A. 19:44A-8, and 19:25-12.2 by reporting on April 24,

2015, on the 2015-Q4 report, the expenditure information for the expenditure listed in paragraph

209, as item cc, which was required to have been reported on the 2014-Q4 report, 99 days late.


N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.2(b), and 10.2(b) by failing to report the expenditure

listed in paragraph 209, as item n.



36



COUNT TWENTY TWO

C. Failure to Report Contributor Information (in excess of $1,400) on Cumulative Form C-3


220. The Proposed Findings of Fact contained in Counts One through Twenty One of this


221. Upon information and belief, during the period of time after the September 30, 2014

closing date of the 2014-Q3 reporting period and more than 13 days before the date of the general

election, held on November 4, 2014 (October 21, 2013) (hereafter, 2014-Q4 Cumulative C-3

reporting period), Respondents received and deposited one contribution, in excess of $1,400.00,

in the amount of $1,500.00, described in paragraph 198, as item a.

222. Respondents have not filed with the Commission on or before October 24, 2014, or

withing 48 hours of the making of the contribution a Form C-3 for the 2014-Q4 Cumulative C-3

reporting period, to report the one contribution.


223. The Proposed Conclusions of Law contained in Counts One through Twenty One of




2014, a Form C-3, to report all contributions in excess of $1,400.00, received during the 2014-Q4

Cumulative C-3 reporting period, including the date of receipt and the amount of the contribution,

and the name and mailing address of the contributor, the individual’s occupation, as well as the

name and mailing address of the contributor’s employer.

225. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.3, by failing to file a

Form C-3 for the 2014-Q4 Cumulative C-3 reporting period.



37



COUNT TWENTY THREE

D. Failure to Report Expenditure Information (in excess of $1,400) on Cumulative Form E-3


227. The Proposed Findings of Fact contained in Counts One through Twenty Two of this


228. Upon information and belief, during the period of time after the September 30, 2014

closing date of the 2014-Q3 reporting period and more than 13 days before the date of the general

election, held on November 4, 2014 (October 21, 2014) (hereafter, 2014-Q4 Cumulative E-3

reporting period), Respondents made one expenditure to a candidate, in excess of $1,400.00, in

the amount of $1,500.00, described in paragraph 209, as item d.

229. Respondents have not filed with the Commission by October 24, 2014, a Form E-3

for the 2014-Q4 Cumulative E-3 reporting period, to report the expenditure information for the

one expenditure.


230. The Proposed Conclusions of Law contained in Counts One through Twenty Two of




2014, a Form E-3, to report all expenditures in excess of $1,400.00, made for to support or defeat

a candidate, during the 2014-Q4 Cumulative E-3 reporting period, including the name and address

of the recipient, and the date, amount and purpose of the expenditure.

232. Respondents violated N.J.S.A. 19:44A-8 and N.J.A.C. 19:25-9.4, by failing to file by

October 24, 2014, a Form E-3 for the 2014-Q4 Cumulative E-3 reporting period.





38

COUNT TWENTY FOUR

IX. 2015-Q1

A. Late Reporting of Expenditure Information on Form R-3


234. The Proposed Findings of Fact contained in Counts One through Twenty Three of

this Complaint are repeated and incorporated as if set forth in full below.


made seven expenditures, totaling $2,187.66, as follows:

a. $250.00, by check number 148, dated January 12, 2015, made payable to “Nutley

Irish American Assn.”;

b. $100.00, by check number 147, dated January 12, 2015, made payable to

“Piscataway Soccer Club”;

c. $300.00, by check number 149, dated January 19, 2015, made payable to

“Pipefitters Local 274”;

d. $593.28, by debit, dated January 20, 2015, made payable to “Angelo’s 677

Prime”;

e. $409.25, by debit, dated January 22, 2015, made payable to “Hilton”;

f. $71.11, by debit, dated January 29, 2015, made payable to “Staples Direct”; and

g. $464.02, by check number 150, dated February 1, 2015, made payable to “Pitney

Bowes Purchase Power.”

236. Respondents reported for the first time on April 24, 2015, on the 2015-Q1 report,

expenditure information for the seven expenditures listed in paragraph 235, items a-g.


237. The Proposed Conclusions of Law contained in Counts One through Twenty Three

of this Complaint are repeated and incorporated herein as if set forth in full below.


19:25-12.2, to certify as correct and file with the Commission on April 15, 2015, a Form R-3, to

report all contributions received and all expenditures made in the 2015-Q1 reporting period.


19:25-12.2, to certify as correct and file on April 15, 2015, a Form R-3, reporting all expenditure

39

information, including the date the expenditure was made, the full name and address of the payee,

the purpose and amount, and the check number for each expenditure transaction made during the

2015-Q1 reporting period.

240. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-12.2 by reporting the

expenditure information for the seven expenditures listed in paragraph 235, 9 days late.





COUNT TWENTY FIVE

X. 2015-Q2

A. Late Reporting of Expenditure Information on Form R-3


242. The Proposed Findings of Fact contained in Counts One through Twenty Four of

this Complaint are repeated and incorporated as if set forth in full below.

243. Upon information and belief, during the period of time from April 1, 2015 through

June 30, 2015 (hereafter, the 2015-Q2 reporting period), Respondents made 16 expenditures,

totaling $3,693.77, as follows:

a. $1,040.00, by debit, dated April 1, 2015, made payable to “Pitney Bowes”;

b. $142.50, by debit, dated April 25, 2015, made payable to “Egan & Son’s”;

c. $541.02, by debit, dated May 14, 2015, made payable to “Vic & Anthony’s”;

d. $300.00, by check number 151, dated May 18, 2015, made payable to “Hudson

County Building & Construction Trades”;

e. $300.00, by check number 152, dated May 18, 2015, made payable to “IBEW

Local Union 269”;

f. $112.37, by debit, dated May 22, 2015, made payable to “The Arlington”;

g. $21.50, by debit, dated May 26, 2015, made payable to “The Coffee Shop”;

h. $500.00, by check number 153, dated May 26, 2015, made payable to “Pitney


i. $16.30, by debit, dated May 27, 2015, made payable to “Arena Diner”;

40

j. $200.00, by check number 154, dated May 27, 2015, made payable to “Annette

Chaparro for Assembly”;

k. $82.69, by debit, dated May 29, 2015, made payable to “Raymond’s”;

l. $250.00, by debit, dated June 10, 2015, made payable to “NYRR – Team for

Kids”;

m. $46.57, by debit, dated June 17, 2015, made payable to “Joe’s American”;

n. $13.97, by debit, dated June 19, 2015, made payable to “Beechwood Café &

Market”;

o. $108.85, by debit, dated June 19, 2015, made payable to “Peppercorns

Restaurant”; and

p. $18.00, by debit, dated June 23, 2015, made payable to “Ralph’s Italian

Restaurant.”

244. Respondents certified as correct and filed with the Commission on July 27, 2015, a

Form R-3, (hereafter, the 2015-Q2 report), for the 2015-Q2 reporting period.

245. Respondents reported for the first time on July 27, 2015, on the 2015-Q2 report,

expenditure information for the 16 expenditures listed in paragraph 243, items a-p.


246. The Proposed Conclusions of Law contained in Counts One through Twenty Four

of this Complaint are repeated and incorporated herein as if set forth in full below.


19:25-12.2, to certify as correct and file with the Commission on July 15, 2015, a Form R-3, to

report all contributions received and all expenditures made in the 2015-Q2 reporting period.


19:25-12.2, to certify as correct and file on July 15, 2015, a Form R-3, reporting all expenditure

information, including the date the expenditure was made, the full name and address of the payee,

the purpose and amount, and the check number for each expenditure transaction made during the

2015-Q2 reporting period.

249. Respondents violated N.J.S.A. 19:44A-8, N.J.A.C. 19:25-12.2 by reporting the

expenditure information for the 16 expenditures listed in paragraph 243, items a-p, 12 days late.

41





OPPORTUNITY FOR HEARING:

Pursuant to N.J.A.C. 19:25-17.1, Respondents and all parties shall have the opportunity for

a hearing pursuant to the “Administrative Procedure Act,” N.J.S.A. 52:14B-1 et seq. Respondents

may appear personally or by attorney. However, failure of the Respondents to file with the

Commission a written answer within twenty (20) days after service of this Complaint shall

constitute a default pursuant to N.J.A.C. 19:25-17.1A and thereupon the Commission may enter a

Final Decision, including imposition of a monetary penalty.

NEW JERSEY ELECTION LAW

ENFORCEMENT COMMISSION

BY: ________________________

MICHELLE R. LEVY, Esq.

Associate Legal Director

DATE: January 13, 2016

Raymond Ferraioli,

Chairperson and Organizational Treasurer

CERTIFIED MAIL NO. 7013 2250 0001 7157 1200

RETURN RECEIPT REQUESTED

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION · PDF fileNEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O. Box 185 Trenton, New Jersey 08625-0185 PLEASE TAKE NOTICE that the New

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