Federal Election Commission v. LatPAC
- Andrew Carter
- 1:21-cv-06095
- U.S. District Court · Southern District of New York
- 2
In Federal Election Commission v. LatPAC, Judge Carter entered default judgment imposing penalties and reporting requirements for campaign-finance disclosure violations.
LatPAC and Chalin M. Askew, in his official capacity as LatPAC’s treasurer, were ordered to pay the civil penalty, file overdue disclosure reports, provide required information, and comply with the permanent injunction.
What happened
In Federal Election Commission v. LatPAC, the Federal Election Commission sought a default judgment against LatPAC and Chalin M. Askew. The court considered a magistrate judge’s recommendation that the Commission’s motion be granted, and no party objected.
The court found no obvious error in the record and adopted the recommendation in full. It ordered LatPAC and Askew, in his official capacity as LatPAC’s treasurer, to pay a $56,400 civil penalty, file overdue reports, and provide required information.
Judge Andrew L. Carter, Jr. also declared that the defendants violated federal disclosure requirements and permanently barred them from failing to file required disclosure reports. The clerk was directed to enter judgment and close the case.
The detailed version
- Federal Election Commission v. LatPAC · No. 1:21-cv-06095
- Andrew Carter
- May 6, 2022
Background
The Federal Election Commission moved for default judgment against LatPAC and Chalin M. Askew. The opinion states that Askew was LatPAC’s treasurer in his official capacity. The motion was referred to Magistrate Judge Stewart D. Aaron, who issued a report and recommendation that the motion be granted.
Court’s analysis
Neither defendant filed an objection to the report and recommendation. When no timely objection is filed, the district court may adopt the recommendation if the record contains no clear error. Judge Carter reviewed the record and found no clear error, so he adopted the report and recommendation in its entirety.
Ruling and relief
The court granted the Commission’s motion for default judgment and awarded four forms of relief:
- A $56,400 civil penalty against the defendants.
- A declaration that LatPAC and Askew, in his official capacity as LatPAC’s treasurer, violated 52 U.S.C. § 30104(a) and (b) by failing to file LatPAC’s disclosure reports and failing to disclose its receipts, disbursements, and debts.
- An order requiring LatPAC and Askew to file all overdue reports and disclose all information required by the Federal Election Campaign Act and Commission regulations.
- A permanent injunction prohibiting LatPAC and Askew from failing to file required disclosure reports.
Judge Andrew L. Carter, Jr. directed the clerk to enter judgment, terminate the motion, and close the case. Because the court entered default judgment rather than deciding the claims after an adversarial merits process, this summary classifies the opinion as a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.