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Entry Properties
Last modified
7/12/2021 9:47:00 AM
Creation date
5/17/2021 8:55:43 AM
Metadata
2019-1249
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2019-1249
Parties Involved
Kevin M. Berken
Agency at Issue
State Senate
Decision Date
5/7/2021
Law
R.S. 18:1505.2(I)(5)(a)
Caption
Consent Opinion whereby Kevin M. Berken violated La. R.S. 18:1505.2(I)(5)(a) by virtue of using campaign funds to pay a company in which his son has ownership for the purpose of campaign consulting and campaign literature.
Campaign Finance Subject Matters
Expenditures
Prohibited Use of Campaign Finance Funds
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6. <br /> Next Chapter Consulting is a limited liability company organized under the laws of the <br /> State of Mississippi, is domiciled in the State of Mississippi, and holds no official registrations or <br /> business licenses in the State of Louisiana. <br /> 7. <br /> Adam Berken has made a payment of five thousand dollars ($5,000.00) to Kevin M. <br /> Berken's campaign fund as a reimbursement of his interest in the amount paid to Next Chapter <br /> Consulting. <br /> 8. <br /> La. R.S. 18:1505.2(I)(5)(a)prohibits a candidate from making any payment or expenditure <br /> to any immediate family member of the candidate. <br /> 9. <br /> La. R.S. 18:1505.2(I)(5)(b)provides an exception for payments to a business in which any <br /> immediate family member has any ownership interest, provided that (1) the business has been <br /> doing business regularly in the state for at least twelve months at the time of the payment or <br /> expenditure and (2) the business either (a) has been registered and in good standing with the <br /> secretary of state for at least twelve months at that time and provides goods or services related to <br /> the payment or expenditure or (b) holds and has held an occupational license for at least twelve <br /> months at that time for a business which provides goods or services related to the payment or <br /> expenditure and which license was duly issued by the appropriate local governmental subdivision. <br /> 10. <br /> La. R.S. 18:1805.2(J)provides with respect to penalties: <br /> any person who violates any provision of Subsection I of La.R.S. 18:1505.2 <br /> shall be assessed a penalty of not more than $5,000 or the amount of the <br /> violation, whichever is greater, except that the penalty for a knowing and <br /> Page 2 of 6 <br />
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