Federal Election Com'n v. Friends of Jane Harman

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This case is an enforcement action brought by the Federal Election Commission (“FEC”) against defendants Friends of Jane Harman (“Harman Campaign”) and Jacki Bacharach (“Bacharach”). The allegations in this lawsuit arise out of a fundraising event held for former United States Representative Jane Harman (“Harman”) at the headquarters of Hughes Aircraft Company (“Hughes”) on October 29, 1993 (“the October 1993 fundraiser”).

The FEC filed the complaint in the present action in this Court on September 22, 1998. In its complaint, the FEC alleged that defendants violated 2 U.S.C. § 441b(a) by accepting corporate contributions, and sought an order requiring defendants to disgorge the allegedly prohibited contributions, as well as civil penalties pursuant to 2 U.S.C. § 437g(a)(6)(B). On March 29, 1999, this Court denied defendants’ motion to dismiss the complaint. The parties’ cross-motions for summary judgment are presently before the Court.

II. FACTUAL BACKGROUND

The FEC is a federal agency with jurisdiction over the administration, interpretation, and civil…