Federal Election Commission v. LatPAC et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 42 Report and Recommendations, 26 Motion for Default Judgment filed by Federal Election Commission. In light of the lack of any objections to the Report and Recommendation and the fact that Court finds no clear error in the record, the Court adopts the Report and Recommendation in its entirety. Therefore, I award the following relief: 1. Civil penalty against Defendants in the amount of $56,400; 2. Declaratio n that LatPAC and Defendant 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 LatPAC's recei pts, disbursements and debts; 3. Order that LatPAC and Askew file all overdue reports and disclose all information to the Commission as required by the Federal Election Campaign Act and Commission regulations; 4. Permanent Injunction prohibiting LatPAC and Askew from failing to file required disclosure reports. The Clerk of Court is respectfully directed to enter judgment, terminate the motion at ECF No. 26, and close this case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/6/2022) (tg) Transmission to Orders and Judgments Clerk for processing.

Case 1:21-cv-06095-ALC-SDA Document 43 Filed 05/06/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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FEDERAL ELECTION COMMISSION,
:
:
Plaintiff,
:
:
-against:
:
LATPAC and CHALIN M. ASKEW,
:
:
Defendants.
x
--------------------------------------------------------------------ANDREW L. CARTER, JR., District Judge:

5/6/22

21-cv-6095 (ALC) (SDA)
ORDER ADOPTING
REPORT AND
RECOMMENDATION

On November 4, 2021, this matter was referred to United States Magistrate Judge Stewart
D. Aaron for general pretrial matters. ECF No. 19. On January 6, 2022, I issued an amended Order
of Reference, referring Plaintiff Federal Election Commission’s (“Commission”) motion for
default judgment. ECF No. 22. The Court now considers the Report and Recommendation issued
by Magistrate Judge Aaron, recommending that Plaintiff’s motion be granted. ECF No. 42.
Despite notification of the right to object to the Report and Recommendation, no objections
were filed. Where no timely objections are made, the Court may adopt the Report and
Recommendation as long as there is no clear error on the face of the record. Sacks v. Gandhi Eng’g,
Inc., 999 F. Supp. 2d 629, 632 (S.D.N.Y. 2014) (citing Wilds v. United Parcel Serv., 262 F.Supp.2d
163, 169 (S.D.N.Y. 2003)). In light of the lack of any objections to the Report and
Recommendation and the fact that Court finds no clear error in the record, the Court adopts the
Report and Recommendation in its entirety.
Therefore, I award the following relief:
1. Civil penalty against Defendants in the amount of $56,400;

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Case 1:21-cv-06095-ALC-SDA Document 43 Filed 05/06/22 Page 2 of 2

2. Declaration that LatPAC and Defendant 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 LatPAC’s receipts, disbursements and debts;
3. Order that LatPAC and Askew file all overdue reports and disclose all information to the
Commission as required by the Federal Election Campaign Act and Commission
regulations;
4. Permanent Injunction prohibiting LatPAC and Askew from failing to file required
disclosure reports.
The Clerk of Court is respectfully directed to enter judgment, terminate the motion at ECF
No. 26, and close this case.

SO ORDERED.
Dated: May 6, 2022
New York, New York
____________________________________
ANDREW L. CARTER, JR.
United States District Judge

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