OCE Referral Regarding Delegate Michael F.Q. San Nicolas
OCE Referral Regarding Delegate Michael F.Q. San Nicolas Exhibits 1
On February 10, 2020, the Office of Congressional Ethics transmitted a referral to the Committee on Ethics of the United States House of Representatives regarding Delegate Michael F.Q. San Nicolas.
Nature of the Review
Del. San Nicolas may have omitted required information from or disclosed false information in his Federal Election Commission (“FEC”) candidate committee reports. If Del. San Nicolas failed to disclose required information or disclosed false information in his FEC filings, then he may have violated House rules, standards of conduct, and federal law.
Del. San Nicolas may have accepted cash contributions that were in excess of FEC limits for individual donors and in excess of the limits for cash contributions. If Del. San Nicolas accepted such contributions, then he may have violated House rules, standards of conduct, and federal law.
Del. San Nicolas’ campaign committee, Michael San Nicolas for Congress (the “campaign committee”), reported campaign disbursements that may not be legitimate and verifiable campaign expenditures attributable to bona fide campaign or political purposes. If Del. San Nicolas converted campaign funds to personal use, or if Del. San Nicolas’ campaign committee expended funds that were not attributable to bona fide or verifiable campaign or political purposes, then Del. San Nicolas may have violated House rules, standards of conduct, and federal law.
OCE Recommendation
The Board recommends that the Committee further review the above allegation concerning Del. San Nicolas because there is substantial reason to believe that Del. San Nicolas failed to disclose required information or disclosed false information in his FEC filings.
The Board recommends that the Committee further review the above allegation concerning Del. San Nicolas because there is substantial reason to believe that Del. San Nicolas accepted cash contributions that were in excess of FEC limits for individual donors and in excess of the limits for cash contributions.
The Board recommends that the Committee further review the above allegation concerning Del. San Nicolas because there is substantial reason to believe that Del. San Nicolas converted campaign funds to personal use.
Committee Action
On June 12, 2020, the Committee released a statement that it unanimously voted on March 11, 2020 to establish an Investigative Subcommittee (ISC). The ISC had jurisdiction to determine whether Delegate Michael F.Q. San Nicolas may have: engaged in a sexual relationship with an individual on his congressional staff; converted campaign funds to personal use; accepted improper and/or excessive campaign contributions; reported campaign disbursements that may not be legitimate and verifiable campaign expenditures attributable to bona fide campaign or political purposes; omitted required information from or disclosed false information in reports filed with the Federal Election Commission; made false statements to government investigators or agencies; and/or improperly interfered or attempted to interfere in a government investigation of related allegations in violation of House Rules, law, regulations, or other standards of conduct.
On March 1, 2021, the Committee released a statement indicating the matter referred was within the jurisdiction of an Investigative Subcommittee (ISC). Pursuant to House Rule XI, clause 3(b)(8)(B)(iii) and Committee Rule 17A(f)(2), if an ISC does not conclude its review within one year after receiving a referral from the OCE, the Committee shall make public OCE's report no later than one year after the referral. Accordingly, on March 1, 2021, the Committee made public the OCE's Report transmitted on February 10, 2020.
On May 20, 2021, the Committee released a statement that it unanimously voted to re-authorize the ISC for the 117th Congress to review allegations involving Delegate San Nicolas pursuant to House Rule XI, clause 3, and Committee Rules 10(a)(2) and 18.
On June 24, 2022, the Committee released a report stating that the ISC unanimously concluded there was substantial evidence that Delegate San Nicolas: accepted improper and/or excessive campaign contributions; engaged in a conspiracy to hide the proceeds of an illicit campaign contribution; knowingly caused his campaign committee to file false or incomplete reports with the FEC; and attempted to interfere with this Committee’s investigation (including OCE’s referral to the Committee) by causing his congressional staff to contact a likely witness in the Committee’s investigation in an attempt to persuade the witness to lie. The Committee accepted the ISC's recommendations and unanimously voted to recommend that the matter be referred to the Department of Justice.