2009-768
Created By: Kathleen Allen on 09/01/2009 at 11:02 AM
Category: Campaign Finance Advisory Opinions
Caption: An advisory opinion that the New Orleans District Attorney could amend his campaign finance report to change contributions to loans based on documentation provided.
Dismissed Document:

September 1, 2009

Kenneth C. Pailet
Pailet, Meunier and LeBlanc, L.L.P.
3421 N. Causeway Blvd., Ste. 701
Metairie, LA 70002

RE: Ethics Board Docket No. 2009-768

Dear Mr. Pailet:

The Louisiana Board of Ethics, acting as the Supervisory Committee on Campaign Finance Disclosure, at its August 26, 2009 meeting, considered your request for an advisory opinion concerning the propriety of amending Leon Cannizzaro’s 40-G campaign finance report filed in connection with his campaign for Orleans Parish District Attorney in the October 4, 2008 election. You stated that you erroneously listed the receipt of the following checks as contributions rather than loans: $5,000 from Properties of Metairie, L.L.C. and $5,000 from Frank J. Bevinetto. Copies of the checks indicated in the memo section that the funds were intended to be loans to the campaign.

The Board concluded, and instructed me to inform you, that generally the Campaign Finance Disclosure Act would prohibit the amendment you described. The amendment and repayment would result in a violation of the Campaign Finance Disclosure Act, since the information would have been inaccurately reported at the time it was reported. However, in this situation, based on the specific facts as detailed above, the Campaign Finance Disclosure Act would not prohibit your firm from amending the 40-G campaign finance disclosure report to reflect the contributions from Properties of Metairie, L.L.C. and Frank J. Bevinetto as loans to the campaign.

This advisory opinion is based solely on the facts as set forth herein. If such facts were to change, then the application of the Campaign Finance Disclosure Act to the facts is subject to change. The Board issues no opinion as to laws other than the Campaign Finance Disclosure Act. If you have any questions, please feel free to contact me at (225) 219-5600 or (800) 842-6630.

Sincerely,

LOUISIANA BOARD OF ETHICS


Kathleen M. Allen
For the Board

/ka
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