Ethics group sues to reopen probe into Rubio campaign lawyer

A watchdog group is suing the Federal Election Commission to re-open an investigation into four campaign operatives, including the national finance chair for Sen. Marco Rubio’s presidential bid.

Citizens for Responsibility and Ethics in Washington believes Wayne Berman, now the national finance chairman for Sen. Marco Rubio’s presidential campaign, may have lied to the FEC about his involvement in an organization that was formed in 2010 to promote economic growth but which the FEC later found was significantly involved in campaign activity.

“It is inexcusable that no one has been punished for what even the FEC’s investigators believe to be a clear violation of the law,” said CREW Executive Director Noah Bookbinder. “Laws only work if they are enforced; we are asking the court to remind the FEC it must do its job.”

According to Bookbinder, Berman and two others “may have violated the law” by making false statements to investigators and obstructing the investigation into the group. Bookbinder said the three involved were paid more than $1 million that was initially intended to pay for television ads.

In a statement issued Monday, CREW contends Berman told FEC investigators he was not an official consultant for CHGO but only offered informal advice.

Scott Reed, who is the former Republican National Committee executive director and current senior strategist for the U.S. Chamber of Commerce, is also being targeted by CREW’s lawsuit. He told investigators he couldn’t recall being involved in the organization.

The organization’s legal counsel, William Canfield, who is general counsel for a super PAC supporting GOP presidential hopeful Carly Fiorina, told FEC investigators he only helped the group with legal compliance and that the group spent no money related to fundraising.

But another man connected to the group, Michael Mihalke, who helped produced CHGO’s ads, said the men were paid a portion of a $1.1 million pot of money as a “fundraising commission.

The FEC has closed its investigation of the group because the statute of limitations has expired. But CREW is suing to reopen the case and has also filed a criminal complaint with the Department of Justice.

A spokesman for the Rubio campaign did not return a request for a comment on the complaint.

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