BEFORE THE FEDERAL ELECTION COMMISSION
In the matter of
| Allison M. Thomas Alexander Audit Fund, Inc. and Todd Eardensohn, as treasurer Alexander for President 1996 and Todd Eardensohn, as treasurer Princeton's Restaurant |
MUR 5033 |
STATEMENT OF REASONS
This matter arose from a filing by Allison M. Thomas on June 19, 2000, alleging
that in 1995 he and other employees of Princeton’s Restaurant were reimbursed for
contributions made to Alexander for President 1996, Lamar Alexander’s 1996
presidential primary committee. The Office of
the General Counsel had recommended finding reason to believe certain persons violated the
law, but taking no further action beyond sending admonishment letters. This Statement of Reasons explains the
Commission’s 6-0 vote on March 13, 2001, simply to take no further action as to
Allison M. Thomas, Princeton’s Restaurant, Alexander Audit Fund, Inc. and Todd
Eardensohn, as treasurer, and Alexander for President 1996 and Todd Eardensohn, as
treasurer, and close the file in MUR 5033.
The Commission determined to take no further action as to these respondents and
close the file for procedural and substantive reasons.
As of the date of Allison M. Thomas’ filing with the Commission, more than
five years had passed since the alleged violations. The
expiration of the statute of limitations for this activity and at the time the complaint
was filed the staleness of the activity in this matter relative to other matters pending
before the Commission weighs heavily in its determination to take no further action. Furthermore, Alexander Audit Fund, Inc. was named
as a respondent in this matter in error and Alexander for President 1996 was
administratively terminated by the Commission on May 7, 1999.
The Commission already has concluded a settlement agreement with an additional
respondent, Dr. Daniel R. Hightower, President of Princeton’s Restaurant.[1] That agreement includes a requirement that
Princeton’s Restaurant adopt and distribute a corporate policy prohibiting corporate
contributions to federal elections and, thus, already effectuates remediation with regard
to the corporation.
Substantively, the facts of this complaint do not justify a reason to believe
finding against the recipient committee. The
fact that an authorized committee receives contributions from individuals employed by the
same company, for the same amount, and on the same date, without other factors, is not
sufficient to find reason to believe that a violation has occurred. See MUR
4850 (Fosella). The facts alleged in this
complaint do not suggest a breach by the recipient committee’s treasurer of the
duties required by the Federal Election Campaign Act of 1971, as amended, and Commission
regulations. See 2 U.S.C. § 432(h)(1); 11 C.F.R.
§§ 103.3 and 104.14.
Finally, little purpose would be served by making findings with respect to the
complainant who has acknowledged regret for his actions and sought redress by filing this
complaint.
Based on the above, the Commission determined by a 6-0 vote to take no further
action against Allison M. Thomas, Princeton’s Restaurant, Alexander Audit Fund,
Inc. and Todd Eardensohn, as treasurer, and Alexander for President 1996 and Todd
Eardensohn, as treasurer, and closed the file in this matter.
May 5, 2001
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Danny L.
McDonald, Chairman
David M. Mason, Vice Chairman
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Karl J.
Sandstrom, Commissioner
Bradley A. Smith, Commissioner
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Scott E.
Thomas, Commissioner
Darryl R. Wold, Commissioner