Professional Documents
Culture Documents
Complainant,
Vs.
COMPLAINT
Complainant, REVOLVIS CONSULTING, INC. (the "Complainant"), swears to and
files this complaint pursuant to 1 1 C.F.R. 1 1 l.4 against the respondents, PAIGE V.
Parties
l. The Complainant is a California corporation with its principal place of business located at
l029 K street, Suite 44, Sacramento, CA 958 1 4.
3. KREEGEL FOR CONGRESS (FEC ID C00492488) was and is the principal campaign
committee for PAIGE V. KREEGEL as a candidate for the United State Congress; a true and
correct copy of the Statement of Organization is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. VICKIE POTTS is a Florida resident and the treasurer for KREEGEL FOR CONGRESS;
see the Statement of Organization attached hereto as Exhibit "A."
Page 1 of3
Factual Allegations
6. The Complainant fully performed its obligations under the Agreement and subsequently
billed Kreegel for the Services.
7. Kreegel failed to pay in full for the Services performed by the Complainant.
8. The Complainant provided written notice to Kreegel of the unpaid balance in the total
amount of $49,762.63 (the "Debt"); true and correct copies of the written notices are attached
hereto as Exhibit "C" and incorporated herein by reference.
9. As of the date of the complaint, the above-stated balance remains unpaid.
Administrative Regulations/Statutes
1 O. According to 11 C.F .R. 1 04. 11 (a), the following is required:
"Debts and obligations owed by or to a political committee which remain outstanding shall be continuously reported until extinguished. See 11 CFR
104. 3 (d). These debts and obligations shall be reported on separate schedules
"Reporting debts and obligations. Each report filed under 11 CFR 104.1 shall, on
Schedule C or D, as appropriate, disclose the amount and nature of outstanding debts and obligations owed by or to the reporting committee... "
12. Under 11 C.F.R. 104.l4(d), the "treasurer of a political committee, and any other person
required to file any report or statement under these regulations and under the Act, shall be
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personally responsible for the timely and complete filing of the report or statement and for the
accuracy of any information or statement contained in it."
Violation of Regulations/Statutes
13. On October 13, 2012, VICKIE POTTS, as treasurer for KREEGEL FOR CONGRESS,
filed the October Quarterly Report covering the months of July 2012 through October 2012 with
the Federal Election Commission.
14. The Debt was incurred and remained outstanding during the time period covered by the
October Quarterly Report.
15. VICKIE POTTS and PAIGE V. KREEGEL, on behalf of KREEGEL FOR CONGRESS,
failed to report the Debt in the October Quarterly Report as required by the above-referenced
Administrative Regulations/Statutes.
FURTHER COMPLAINANT SA YETH NOT.
Revolvis Consulting, Inc.
By:
, 2012
Page 3 of3
03/26/2012 10 : 42
Image# 12970792170
PAGE 1/4
FEe
FORM 1
1. NAME OF
COMMITTEE (in full)
STATEMENT OF ORGANIZATION
Office Use Only
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Ilimerick16317@embarQmail.com
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2. DATE
C00492488
4. IS THIS STATEMENT
NEW(N)
OR
AMENDED (A)
I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.
Signature of Treasurer
(Electronically Filed(
Date
NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to the penalties of 2 U.S.C. 437g.
ANY CHANGE IN INFORMATION SHOULD BE REPORTED WITHIN 10 DAYS.
Office
Use
Only
Image# 12970792171
I
(a)
(b)
Page 2
I
iI
5. TYPE OF COMMITTEE
Candidate Committee:
This committee is a principal campaign committee. (Complete the candidate information below.)
This committee is an authorized committee, and is NOT a principal campaign committee. (Complete the candidate
information below.)
Name of
Candidate
Candidate
Party Affiliation
State
House
Sought:
Senate
President
District
19
(c)
This committee supports/opposes only one candidate, and is NOT an authorized committee.
Name of
Candidate
Party Committee:
(d)
This committee is a
(Democratic,
This committee is a separate segregated fund. (Identify connected organization on line 6.) Its connected organization is a:
Corporation
Membership Organization
Labor Organization
Cooperative
This committee supportslopposes more than one Federal candidate, and is NOT a separate segregated fund or party committee. (i.e., nonconnected committee)
In addition, this committee is a Lobbyist/Registrant PAC.
This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political committees/organizations, at least one of which is an authorized committee of a federal candidate.
This committee collects contributions, pays fundraising expenses and disburses net proceeds for two or more political committees/organizations, none of which is an authorized committee of a federal candidate.
(h)
FEe 10
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2.
FEC 10
FEC ID
3.
4.
FEC ID
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Image# 12970792172
Page 3
W I I I I I_J I I I I I I I I I I I LLLI I I I I I I I I I I LI I i I I U I
Mailing Address UJ.JiLj I I I I I I LU I I I I I I I I_I I I I l-.W I I i
ern1 0 cAD lAO I cRAIL i:TiJ1
CITY
zip CODE
Leadership PAC Sponsor
Relationship:
Connected Organization
Affiliated Committee
7. Custodian of Records: Identify by name, address (phone number -- optional) and position of the person in possession of committee
Full Name
Mailing Address
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STATE
Title or Position
CITY
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Telephone number
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8. Treasurer: List the name and address (phone number -- optional) of the treasurer of the committee; and the name and address of any designated agent (e.g., assistant treasurer).
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STATE
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zip CODE
CITY
Title or Position
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Telephone number
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Image# 12970792170
Page 4
Full Name of
Designated Agent
Mailing Address
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Title or Position
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CITY STATE ZIP CODE Telephone number I-I I ! I-I
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9. Sanks or Other Depositories: List all banks or other depositories in which the committee deposits funds, holds accounts, rents safety deposit boxes or maintains funds.
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consulting services to Paige Kreegel for Congress (hereinafter "Client") for the 2012 election cycle. The entire team of Revolvis is available to advance your interests and is committed to providing the highest
level of service in furtherance of your goals. This proposal will describe the terms under which that representation would occur.
1. Scope of work. Revolvis shall, as an independent contractor, at the general direction and with the approval of Client and for the direct benefit of campaign on behalf of Client:
a. Prepare and implement a political campaign plan and campaign budget; b. Provide primary consultative supervision of the organization, management and direction of
the campaign, in conjunction with the manager, consulting team and Client; c. Write, design and produce all direct mail, television, radio, print, and online voter contact; d. Select and supervise vendors of goods and services to the campaign;
e. Perform or oversee other services which may include, but not be limited to, any or all of the following: strategy development; research (including opposition research); polling; coalition building; supervise press officer and operations; provide where appropriate, direct press
contact; develop advertising concepts; if requested, produce and place with appropriate
media all electronic communications;
f. Comply with the requirements of appropriate campaign reporting practices and law as defined in paragraph 2(b) ofthis agreement.
2. Obligations of Client. In addition to all the terms and conditions of this agreement, Client specifically notes the provisions and agreements contained in a) and b) below:
a. Client acknowledges that it has been advised to seek the assistance of an attorney or other qualified professional to ensure compliance with the requirements of campaign reporting
practices and law, as defined hereinafter. b. As used in this agreement, the phrase "campaign practices and law" means any law, statute,
regulation, ordinance, rule, resolution, other enactment, advisory opinion, judicial ruling or other action by any federal, state or local government unit, agency or political subdivision that, on its face or as applied, requires the reporting or disclosure of campaign contributions or expenditures, or both, or that regulates the campaign practices for any elective office or measure, of political committees or of other persons or entities engaged in political activity, or any liability sought to be imposed by any governmental unit, agency or political subdivision, or by any person for libel, slander, defamation, invasion of privacy or any other conduct under the statute or case law of any United States state, district, territory, commonwealth or other jurisdiction.
3. Fees. In exchange for these services, Client agrees to pay Revolvis:
a. Retainers i. Revolvis will send an invoice on the first of each month and payment is due by the
be billed in addition to the monthly retainer, and these costs may include travel and other expenses incurred on Client's behalf. No monthly costs that in the aggregate exceed $500 will be incurred without prior approval. i. $2,500 per month beginning January 1, 2012.
b. Commissions
i. Revolvis will receive 10% commission on direct mail, electronic media, and other
voter contact produced on behalf of Client.
c. Performance bonuses
i. If Client wins Republican nomination, Client agrees to pay Revolvis a $20,000 bonus payable within 60 days of election; ii. If Client is elected to office, Client agrees to pay Revolvis a $10,000 bonus payable within 90 days of election. d. Opportunity costs i. If Client drops out of the race prior to the filing deadline, Client will pay Revolvis $5,000 in opportunity costs;
ii. If Client drops out of the race after the filing deadline, Client will pay Revolvis
$10,000 in opportunity costs; e. Termination i. This agreement would proceed on a month-to-month basis and may be terminated by either party with 30 days written notice; ii. Client and Revolvis agree that contract automatically terminates upon the Client's election or defeat.
4. Vendor costs and payments. Based upon the budget approved by Client, Revolvis may contract with vendors for goods and services for Client's campaign.
5. Consultant's diligence; no warranty of success. Revolvis shall use best efforts and diligence in performing the services required by this agreement. Revolvis makes no warranty, expressed or implied, as to the results of the services provided or any future services that may be contracted.
6. Itemization of expenditures. Revolvis and its agents shall furnish Client full itemization of all
expenditures, including copies of original receipts if requested by Client, made and accrued with
respect to this agreement, in a timely fashion consistent with relevant campaign reporting procedures and deadlines. Neither Revolvis nor its agents shall assume any liability for Client's
obligation to properly comply with relevant campaign reporting and practices laws.
7. Indemnification. Client and Revolvis, their agents and employees, shall hold each other
harmless from any and all liability arising from or related to the campaign or any and all liability
arising from any act or omission, including active or passive negligence, or related to any
requirements imposed on the Client or Revolvis, by any campaign reporting and practices laws,
which arises from any act or omission, including active or passive negligence.
8. Simultaneous services by Revolvis to other campaigns. Client acknowledges its understanding that Revolvis is engaged in the business of political campaign consulting and public relations and during the performance of this agreement Revolvis may be actively involved in furnishing services similar to those provided by this agreement in political campaigns for other candidates
Page 2 of 4
and issues. Revolvis shall not be limited in any way in performing services for other clients that are not in direct conflict with the discharge of its obligations under this agreement.
9. Termination. Revolvis and Client have the right to terminate this agreement on thirty (30) days written notice, except that Client may only terminate this agreement upon payment and settlement of all fees, vendor and service invoices currently due and provision settlement of
remainder fees per Section 4 above. Commissions are deemed to have been earned, due and
payable as of the date Revolvis contracted or ordered with any vendor to provide goods or services pursuant to this agreement or, in the case of media and slate commissions, as of the date the media was placed or slate reserved, as those phrases are known and understood in the
advertising industry.
10. Attorney's Fees. Prevailing party on any legal action to enforce the contract will be entitled to their reasonable attorney's fees and costs.
11. Ownership of work product; limited license to use. All work of Revolvis, including but not
limited to print copy, audio copy, audio and video tapes, any and all lists and data files
developed or created, themes, designs, slogans, and any and all other creative products of Revolvis, its agents or employees, are and shall be the joint property of Revolvis and Client.
12. Confidentiality. Revolvis agrees to maintain the confidentiality of Client's information, including but not limited to research conducted by Revolvis or a vendor of Revolvis on Client.
13. Complete Agreement. This Agreement is the complete agreement of the parties and supersedes any previous agreements, whether written or oral, between the parties. No agreement or understanding, oral or written, in any way modifies the terms and conditions set forth herein, unless noted as an addendum to this contract, dated after this contract, and signed by a partner
of Revolvis.
14. Jurisdiction and Governing Law. Any action for break of this Agreement, for enforcement of this
Agreement, or for any cause of action purported to arise out of this Agreement must be commenced in a court of competent jurisdiction in the state of California. Each party agrees that
California is the proper forum state for the commencement of any legal action by any party to the Agreement. Each party further agrees to submit to the in-person am jurisdiction of the court in which an action is commenced.
Page 3 of 4
ACCEPTANCE
The signatures below indicate acceptance of the details, terms, and conditions of this proposal and provide approval to begin work. Fax signature is valid as original signature.
Please fax completed agreement to (800) 913-0140.
Paige Kreegel
Name
Address
City, State, Zip
Email
Phone
Page 4 of 4
FOWLER.
Certified Artcle Number
Attorneys at LawwHI '\Vr' T EST 1943 EB 0 GGS
November 30,2012
Paige V. Kreegel, M.D. d/b/a Kreegel for Congress 3821 B Tamiami Trail, No. 321 Port Charlotte, FL 33952
Re: lO-Day Demand Letter for Collection of Unpaid Invoices Creditor: Revolvis Consulting, Inc. Debtor: Paige V. Kreegel, M.D. d/b/a Kreegel for Congress
the unpaid invoices (collectively, the "Invoices" and attached hereto as Exhibit "All)
The amount due on the Account has not been paid despite repeated requests. As
of the date of this letter, the open balance for the Invoices is $24,775.63. It has come to
my attention that you have not denied the above-stated amount that is due and owning,
but rather requested my client settle for less by accepting the remaining funds left in the
account for the campaign (as stated in the correspondence attached hereto as Exhibit
"B").
1(~()i5
PLEASE BE ADVISED that demand is hereby made for payment in full of said
amount. If the outstanding balance is not paid within TEN (10) days of receipt of this
letter, I will have no alternative but to initiate appropriate actions to collect funds due
and owing.
If you agree to resolve the matter, remit the amount due of $24,775.63 in certified
funds payable to Fowler White Boggs P.A. Trust Account. Upon receipt and clearance,
a release will be provided. In the event I do not timely receive payment, my client has
instructed me to seek any and all remedies available to it at law and equity to collect the
Yours truly,
Fowler White Boggs P.A.
~,4$L
Corris L. McIntosh, Jr., Esq.
CLMJ/ch Enclosures as stated cc: Regular Mail/Client/2081 Sandy Pines Dr., Punta Gorda, FL 33982
45085583
Invoiee
Revolvis Consulting, Inc. 7185 Navajo Road, Suite P San Diego, CA 92119
'lBIITo.
Invoice
Revolvis Consulting, Inc.
Date
08/13/12
IrwoiceNo. R12-08-058
iSiIt'mt
Please include the invoice number on your check. Thank you. 'Y" ....,iii)t);... .'.,.' .,
l .... ';'.'.,,' . ....'" :
Invoice
Revolvis Consulting, Inc. 7185 Navajo Road, Suite P San Diego, CA 92119
Date
InviceNtJ.
08/07/12
R12-08-050
Please include the invoice number on your check. Thank you. .. ili~f~I':' \il\'A '.'
ST
Invoice
Revolvis Consulting, Inc. 7185 Navajo Road, Suite P San Diego, CA 92119
oat 08/07/12
Iri'fQiCeN.
R12-0B-049
'lBiII1?. .
Paige Kreegel for Congress
, ......
'm~s~~ie~an Amunt
Please include the invoice number on your check. Thank you. 1)~tr ;$i!,,g;t(t:.Oif' , ..-~ ",,-,'
Invoice
Revolvis Consulting, Inc.
Glate
08/07/12
InvieeN. R12-08-048
:lBilltot
. . ......
Amount
'1tle~~ilfltfm .. .
8,291.29
.....
. .. .. "
.
Invoice
Revolvis Consulting, Inc. 7185 Navajo Road, Suite P San Diego, CA 92119
Date
lwioeN.
08/01/12
R12-08-010
,BiIIT.
Paige Kreegel for Congress
Please include the invoice number on your check. Thank you. irtal $2t50Q.@O
Invoice
Revolvis Consulting, Inc. 7185 Navajo Road, Suite P San Diego, CA 92119
IDate
Il1voiceNo.
08/22/12
R12-08-113
.' , _.
Al'rlUn~
Sent:
To:
Andranian Stephan
Fwd: Kreegel Aging as of 8/30
Subject:
From: Valerie Ashurst Diehiara c:::valerie@revolvis.eom~ Subject: Fwd: Kreegel Aging as of 8/30 Date: September 5,20125:13:16 PM PDT
To: jroe Roe c:::jroe@ iroe.org~
Valerie Ashurst Dichiara I Revolvis Consulting I Partner Sacramento I San Diego I Seattle I Washingtoni DC
Subject: Fw: Re: Kreegel Aging as of 8/30 Date: September 5,20125:10:23 PM PDT To: valerie@revolvis.eom, DarolCarr c:::dcarr@farr.com~ Cc: limeriek16317@embargmail.eom
Valerie,
This seems to be a good time to address this issue, as there are vastly more invoices" generated" by Revolvis and their associated media companies than there is cash in the campaign account to pay for them.
While I fully expect Jason to have some different point of view, at the end of the day, the only question to me is, how would you like to have that amount dispensed? EXHIBIT
1~
~
iii
'" lI
Paige
----- Original Message ----From: Valerie Ashurst Dichiara -::::valerie@revolvis.com? To: Vickie Potts -::::limerick16317@embarqmail.com?
Cc: Matt Dobler -::::matthew.dobler@gmaiL.com?,jroe Roe -::::jroe@iroe.org?
Sent: Wed, 05 Sep 2012 15:34:50 -0400 (EDT) Subject: Re: Kreegel Aging as of 8/30
Hi Vickie, Can you give me a status update on payment?
Thank you,
Valerie Ashurst Dichiara I Revolvis Consulting I Partner Sacramento I San Diego I Seattle I Washington, DC
Thank you,
-::::Kreegel Aging as of 8:30.xlsx?
Valerie Ashurst Dichiara I Revolvis Consulting I Partner Sacramento I San Diego I Seattle I Washington, DC
-- Vickie Potts
FOWLER
A,romeysa,Law,\Vr' EST 1943 wHI T EB 0 GGS
December 171 2012
Paige V. Kreegel, M.D. d/b/a Kreegel for Congress c/o Darol H.M. Carr, Esq. 99 Nesbit Street Punta Gorda, FL 33950
Please be advised that this firm represents REVOL vis CONSUL TINGI INC.
(IIREVOLVISII)1 with respect to its business transactions with your client Paige V.
Kreegel d/b / a Kreegel for Congress (IIKreegel'/) and the collection of the unpaid
invoice (the IIInvoicell; attached hereto as Exhibit II All) that was billed to an account (the
ii Accountll) issued to Kreegel.
The Invoice amount has not been paid despite repeated requests. As of the date
of this letteri the open balance for the Invoice is $24,987.00. This amount is in addition
to the unpaid balance stated in my letter to Kreegel dated November 30,2012.
PLEASE BE ADVISED that demand is hereby made for payment in full of said
amount. If the outstanding balance is not paid within TEN (10) days of receipt of this
letteri I will have no alternative but to initiate appropriate actions to collect funds due
and owing.
If you agree to resolve the matter, remit the amount due of $24,987.00 in certified
funds payable to Fowler White Boggs P.A. Trust Account. Upon receipt and clearance,
a release will be provided. In the event I do not timely receive payment, my client has
instructed me to seek any and all remedies available to it at law and equity to collect the
Yours truly,
Fowler White Boggs P.A.
(R;t(~
45116499
Invoiee
Date
Invoice No.
12/13/12
R12-12-015
Bill To:
Description
Television and Radio Production Services Provided by Magma Creative Primary Election
Amount
5,955.00
2012
- Project: 1 x :60 WEB AD campaign piece -Project: 1 x :30 TV campaign piece - Project: 1 x :30 TV Kreegel Spot 2 II Experienced Leaderll - Project: 1 x :30 TV Kreegel Spot 3 IISend a Grown Up to Washington II - Project: 1 x :30 Kreegel Radio campaign piece; utilizing stock & editing audio
***DUE UPON RECEIPT***
~ EXHIBIT
~ "A'l i
Please include the invoice number on your check. Thank you.
Total
$24,987.00