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    VSC Letter To AG Miyares

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    JoeSchoffstall
    This letter requests an investigation by the Office of the Attorney General and State Board of Elections into illegal campaign donations received by Commonwealth's Attorney Steve Descano's campaign. It provides facts that a $5,000 donation was received from Merck Mercuriadis, a known British and Canadian citizen and resident. Accepting foreign donations violates US and Virginia law. The letter argues it is highly likely the donation originated from overseas based on the donor's residency and business, warranting a full investigation into potential election law violations.

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    VSC Letter To AG Miyares

    Uploaded by

    JoeSchoffstall
    12K views2 pages
    This letter requests an investigation by the Office of the Attorney General and State Board of Elections into illegal campaign donations received by Commonwealth's Attorney Steve Descano's campaign. It provides facts that a $5,000 donation was received from Merck Mercuriadis, a known British and Canadian citizen and resident. Accepting foreign donations violates US and Virginia law. The letter argues it is highly likely the donation originated from overseas based on the donor's residency and business, warranting a full investigation into potential election law violations.

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    VSC Letter to AG Miyares

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    VSC Letter to AG Miyares

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    This letter requests an investigation by the Office of the Attorney General and State Board of Elections into illegal campaign donations received by Commonwealth's Attorney Steve Descano's campaign. It provides facts that a $5,000 donation was received from Merck Mercuriadis, a known British and Canadian citizen and resident. Accepting foreign donations violates US and Virginia law. The letter argues it is highly likely the donation originated from overseas based on the donor's residency and business, warranting a full investigation into potential election law violations.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    12K views2 pages

    VSC Letter To AG Miyares

    Uploaded by

    JoeSchoffstall
    This letter requests an investigation by the Office of the Attorney General and State Board of Elections into illegal campaign donations received by Commonwealth's Attorney Steve Descano's campaign. It provides facts that a $5,000 donation was received from Merck Mercuriadis, a known British and Canadian citizen and resident. Accepting foreign donations violates US and Virginia law. The letter argues it is highly likely the donation originated from overseas based on the donor's residency and business, warranting a full investigation into potential election law violations.

    Copyright:

    © All Rights Reserved
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    of 2

    September 13, 2023

    Attorney General Jason Miyares


    Office of the Attorney General
    202 North Ninth Street
    Richmond, VA 23219

    Chairman John O’Bannon


    Virginia State Board of Elections
    1100 Bank Street, First Floor
    Richmond, VA 23219

    Dear Attorney General Miyares and Chairman O’Bannon:


    I am writing to request an investigation into the illegal receipt of campaign donations from a foreign national by
    the campaign of Commonwealth’s Attorney Steve T. Descano. The knowing and willful acceptance and use of
    such a contribution violates Virginia and federal law. This act warrants an inquiry by the Office of Attorney
    General’s Election Integrity Unit in coordination with the State Board of Elections for Virginia, who possess
    jurisdiction over election law violations.
    FACTS:
    1) Mr. Descano’s election committee (“Friends of Steve Descano” – CC-18-00369) took receipt of a
    campaign contribution from a known foreign national, Merck Mercuriadis, on May 18, 2023. That $5,000
    contribution is listed on the committee’s filing dating June 12, 2023 for the period April 1 – June 8, 2023.1

    2) Mr. Mercuriadis’ address is listed “73 Artesian Road, London UK, W2 5DB VA 99999” and his donor
    information is listed as “Employer or Business: Hipgnosis Sond(sic) 2. Type of Business: CEO 3. Business
    Location: London Greater London”

    3) Mr. Mercuriadis is a Canadian-born British music executive who has had his personal and business life
    publicly detailed in profiles in the New York Times, Rolling Stone, and other publications. His legal
    residency and citizenship are repeatedly referenced as British and/or Canadian. 2

    4) Federal election law expressly prohibits donations by and the receipt of donations from a foreign national:
    “It shall be unlawful for – (2) a person to solicit, accept, or receive a contribution or donation described
    in subparagraph (A) or (B) of paragraph (1) from a foreign national” (52 U.S. Code § 30121). 3

    5) Federal regulations define culpability as “knowingly and willfully” soliciting or accepting a foreign
    contribution if there is actual knowledge, substantial probability, or lead a reasonable person to believe
    the donation originates with a foreign national if: “i. The contributor or donor uses a foreign passport or
    passport number for identification purposes; ii. The contributor or donor provides a foreign address; iii.
    The contributor or donor makes a contribution or donation by means of a check or other written instrument
    drawn on a foreign bank or by a wire transfer from a foreign bank; or iv. The contributor or donor resides
    abroad.” 4

    1
    https://cfreports.elections.virginia.gov/Committee/Index/11acdaa6-a09c-e811-a517-984be103f032
    2
    https://www.nytimes.com/2020/12/18/arts/music/merck-mercuriadis-hipgnosis.html
    3
    https://www.law.cornell.edu/uscode/text/52/30121
    4
    https://www.fec.gov/regulations/110-20/2022-annual-110#110-20-a
    6) Under US Sentencing Guidelines, such a contribution is a Base Offense Level 8 and according to the
    Federal Election Campaign Act (FECA): “Any person who knowingly and willfully commits a violation
    of any provision of this Act which involves the making, receiving, or reporting of any contribution,
    donation or expenditure— (ii) aggregating $2,000 or more (but less than $25,000) during a calendar year
    shall be fined under such title, or imprisoned for not more than one year, or both.” 5

    DISCUSSION:
    Mr. Mercuriadis is known to be a Canadian-born resident of the United Kingdom, listing a London UK address
    for himself and his employer. His income is derived from his principal business which is a registered corporation
    in Britain. Further, Mr. Mercuriadis (or Mr. Descano’s treasurer) listed his address as “VA 99999” potentially
    circumventing a software block on receipt of a foreign-sourced contribution. It is highly likely, based on Mr.
    Mercuriadis’ residency and business registration, that the contribution was drawn on a foreign bank account as
    well.
    “Friends of Steve Descano” did knowingly and willfully receive and process this contribution, and presumably
    solicited it in violation of the law. Per the Code of Virginia, the committee violated the law by making a “false
    material statement or entry” which is a “crime of election fraud and be punishable as a Class 5 felony.” 6
    I implore you to open an independent and full investigation into this serious matter. It is critical to elections in the
    Commonwealth that voters have faith in the system and confidence that there is no foreign interference or
    involvement in our elections.

    Sincerely,

    Sean Kennedy

    President

    Virginians for Safe Communities

    5
    https://www.fec.gov/resources/cms-content/documents/feca.pdf
    6
    https://law.lis.virginia.gov/vacode/title24.2/chapter10/section24.2-1019/

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