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For Immediate Release
September 27, 2002
Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton

 

COMPLIANCE CASE MADE PUBLIC
WASHINGTON -- The Federal Election Commission on September 20 made public its final action on a matter previously under review (MUR), resulting in a combined total of $719,500 in civil penalties. This release contains only disposition information on MUR 4530, et al.

Specific released documents placed on the public record within the following closed MURs are cited following DISPOSITION heading. Release of these documents is consistent with the district court opinion in the December 19, 2001, decision of AFL-CIO v. FEC, now on appeal to the D.C. Circuit Court of Appeals. Once an appellate decision is rendered, the Commission will review documents related to cases released in the interim.

1. MUR 4530/4531/4547/4642/4909
RESPONDENTS: (a) ACPC, Inc.

(b) American Eco Corporation

(c) Chien Chuen "Johnny" Chung

(d) Clinton/Gore ’96 Primary Committee, Inc., Joan Pollitt, treasurer

(e) DNC Services Corporation/Democratic National Committee and its treasurer

(f) Yogesh K. Gandhi

(g) Howard Glicken

(h) Global Resource Management, Inc.

(i) Ernest Green

(j) Phyllis Caudle-Green

(k) Green Stamp America, Inc. f/k/a/ Japan Green Stamp America, Inc.

(l) John Huang

(m) International Buddhist Progress Society, Inc. d/b/a/ Hsi Lai Buddhist Temple

(n) Pauline Kanchanalak

(o) Chong H. Kim

(p) Duangnet Kronenberg

(q) Robert S. Lee

(r) Gilberto Pagan

(s) T & W Arts & Crafts (USA), Inc.

(t) Yah Lin "Charlie" Trie

(u) Keshi Zhan

(v) Michael Cheroutes

(w) Hogan and Hartson LLP

(x) George Psaltis

(y) Psaltis Corporation

(z) Christine Warnke

(aa) J&M International, Inc.

(bb) Jack Ho

(cc) Ying Chiu Tien

(dd) Il Sung Construction Co., Ltd.

(ee) Yi Chu

(ff) Man Ho

(gg) Abbess Tzu Jung (Suh Jen Wu)

(hh) Master Hsing Yun

(ii) Joan Tumpson

(jj) Arter & Hadden

(kk) Ateck Company, Ltd.

(ll) Automated Intelligent Systems, Inc.

(mm) Cheong Am America, Inc

(nn) Chong Kim & Associates

(oo) Daihatsu International Trading, Inc.

(pp) Dennis Eckart

(qq) Matthew "Matt" Fong

(rr) Chiu-Lan Ho

(ss) Comete H. Hong

(tt) Maria L. Hsia

(uu) Pi-Hsia Hsiao

(vv) Bih-Yueh Jeng

(ww) Bor Yun Jeng

(xx) Chupong Kanchanalak

(yy) Praitun Kanchanalak

(zz) K & L International, Inc.

(ab) Kyung Hoon "John" Lee

(ac) Matt Fong for State Treasurer

(ad) Seow Fong Ooi

(ae) Yuan Pei "Antonio" Pan

(af) San Kin Yip International

(ag) Ng Lap Seng a.k.a. Mr. Wu

(ah) Jou Sheng

(ai) Man Ya Shih

(aj) Yoshio Tanaka

(ak) Subandi Tanuwidjaja

(al) Suryanti Tanuwidjaja

(am) William R. Turner

(an) Chi R. Wang

(ao) Arief Wiriadinata

(ap) Soraya Wiriadinata

(aq) Yama Ren Trade Enterprise, Ltd.

(ar) William Jefferson Clinton

(as) Cheong Am Business Group

(at) Hip Hing Holdings, Ltd.

(au) Lippo Group

(av) Aileen Riady

(aw) James Riady

COMPLAINANT: Joseph E. Sandler, on behalf of the Democratic National Committee [MUR 4530]

David Goch, on behalf of Kenneth Hill and The Christian Coalition [4531]

Robert D. Fulkerson [4547]

Thomas J. Josefiak, on behalf of the Republican National

Committee [4642]

House Committee on Government Reform a.k.a. House Committee on Government Reform and Oversight [4909]

SUBJECT: Foreign national contributions; contributions in the names of

others; corporate contributions; corporate facilitation of contributions; foreign national participated in decision making process; ) soliciting, accepting, and receiving a contribution derived from a foreign corporation; permitting own name to be used to effect contributions; exceeding the annual contribution limit; failure to forward contributions and contributor information to the treasurer

DISPOSITION: (a) Conciliation Agreement: $25,000 civil penalty*

[re: foreign national participated in the decision making process]

(b) Conciliation Agreement: $40,000 civil penalty*

[re: foreign national contributions]

(c) Conciliation Agreement: $21,000 civil penalty*

[re: (knowing and willful) excessive contributions/contributions in the names of others to Clinton/Gore ’96 and the Kerry committee; excessive contributions to the DNC; exceeding the annual contribution limit; foreign national contributions]

Respondent waives any and all claims he may have to the refund of the $20,000 in contributions to the Clinton/Gore ’96 Primary Committee that he reimbursed. Respondent further agrees to advise the Clinton/Gore ’96 Primary Committee, in writing, of this waiver and to direct them to disgorge to the U. S Treasury the $20,000. In partial satisfaction of this civil penalty, the Commission will apply the waived refund of $20,000 from the Clinton/Gore ’96 Primary Committee against the $21,000 civil penalty.

(d) Conciliation Agreement: $2,000 civil penalty*

[re: excessive contributions/contributions in the names of others]

Respondents will disgorge $20,000 to the U. S. Treasury.

(e) Conciliation Agreement: $115,000 civil penalty*

[re: foreign national contributions; contributions in the names of others; corporate contributions]

Respondents will disgorge $128,000 to the U. S. Treasury, representing contributions that the Commission has found to be illegal and that the Respondents have not refunded or disgorged.

(f) Conciliation Agreement: $2,500 civil penalty*

[re: (knowing and willful) foreign national contribution]

(g) Conciliation Agreement: $5,000 civil penalty*

[re: solicited foreign national contribution]

(h) Conciliation Agreement: $0 civil penalty*

[re: (knowing and willful) foreign national contribution]

The Commission has agreed to waive a civil penalty in the settlement of this matter based on a sworn statement dated October 1, 2001 that Respondent’s President, Jeff Niemeyer submitted to the Commission concerning Respondent’s present financial circumstances.

(i-j) Conciliation Agreement: $65,000 civil penalty*

[re: foreign national contribution/contributions in the names of others]

(k) Conciliation Agreement: $70,000 civil penalty*

[re: foreign national participated in decision making process]

(l) Conciliation Agreement: $95,000 civil penalty*

[re: foreign national contributions; corporate contributions; contributions in the names of others; failure to forward contributions and contributor information to the treasurer]

(m) Conciliation Agreement: $120,000 civil penalty*

[re: corporate facilitation of contributions; corporate contributions; contributions in the names of others; foreign national contributions]

(n) Conciliation Agreement: $25,000 civil penalty*

[re: (knowing and willful)contributions in the names of others/foreign national contributions]

(o) Conciliation Agreement: $15,000 civil penalty*

[re: (knowing and willful) soliciting, accepting, and receiving a contribution derived from a foreign corporation]

(p) Conciliation Agreement: $20,000 civil penalty*

[re: contributions in the names of others/foreign national contributions]

(q) Conciliation Agreement: $250 civil penalty*

[re: (knowing and willful) soliciting, accepting and receiving a contribution derived from foreign national]

(r) Conciliation Agreement: $1,250 civil penalty*

[re: foreign national contribution]

(s) Conciliation Agreement: $8,000 civil penalty*

[re: foreign national contributions]

(t) Conciliation Agreement: $7,000 civil penalty*

[re: (knowing and willful) foreign national contributions/contributions in the name of others]

(u) Conciliation Agreement: $12,500 civil penalty*

[re: foreign national contributions/contributions in the name of others; permitting own name to be used to effect contributions]

(v-z) Conciliation Agreement: $67,500 civil penalty*

[re: foreign national contributions]

This civil penalty covers all these respondents; however, the civil penalty will be paid by Warnke and Cheroutes.

(aa-bb) Conciliation Agreement: $2,500 civil penalty*

[re: foreign national contribution]

(cc) Probable cause to believe, but took no further action*

[re: foreign national contribution/contributions in the names of others]

Sent admonishment letter.

(dd) Probable cause to believe, but took no further action*

[re: foreign national contributions]

(ee-hh) Probable cause to believe, but took no further action*

[re: foreign national contributions; corporate contribution; contribution in the names of others]

(ii) Reason to believe, but took no further action*

Sent admonishment letter.

(jj-aq) Reason to believe, but took no further action*

(ar-aw) Took no action*

DOCUMENTS ON PUBLIC RECORD: Certification of vote by Commissioners (dated 4/29/98); Conciliation Agreement (T & W Arts and Crafts); receipt of payment (dated 4/1/98 – T & W Arts and Crafts);certification of vote by Commissioners (dated 9/11/98); Conciliation Agreement (Green Stamp); receipt of payment (dated 10/13/98 – Green Stamp); certification of vote by Commissioners (dated 11/30/98); Conciliation Agreement (ACPC); receipt of payment (dated 9/22/98 – ACPC); General Counsel’s Report (dated 6/10/99); certification of vote by Commissioners dated 7/13/99); Conciliation Agreement (Gilberto Pagan); receipt of payment (dated 7/21/98 – Gilberto Pagan); General Counsel’s Report (dated 10/15/98); certification of vote by Commissioners (dated 11/10/99); certification of vote by Commissioners (dated 1/27/00); Conciliation Agreement (American Eco Corp.); receipt of payment (dated 1/11/00 – American Eco); General Counsel’s Report (dated 2/18/00); certification of vote by Commissioners (dated 2/29/00); certification of vote by Commissioners (dated 5/2/00); Conciliation Agreement (Howard Glicken); receipts of payment (dated 5/23/00; 7/6/00; 8/2/00; 8/30/00); certification of vote by Commissioners (dated 8/24/00); Conciliation Agreement (Chien Chuen "Johnny" Chung); receipt of payment (dated 8/15/00 – "Johnny" Chung); certification of vote by Commissioners (dated 9/11/00); Conciliation Agreement (Clinton/Gore ’96 Primary Committee); certification of vote by Commissioners (dated 11/22/00); Conciliation Agreement (International Buddhist Progress Society); receipt of payment (dated 12/26/00 – International Buddhist Progress Society); certification of vote by Commissioners (dated 1/9/01); Statement of Reasons by Commissioners Mason, Wold, and Smith; Statement of Reasons by Commissioner Sandstrom; certification of vote by Commissioners (dated 1/11/01); Statement of Reasons by Commissioners Mason and Sandstrom; Statement of Reasons by Commissioners Mason and Sandstrom; Statement of Reasons by Commissioners Mason and Sandstrom; Statement of Reasons by Commissioners Sandstrom and Smith; certification of vote by Commissioners (dated 4/19/01); General Counsel’s Report (dated 5/3/01); certification of vote by Commissioners (dated 5/8/01); amended certification of vote by Commissioners (dated 5/8/01); Statement of Reasons by Commissioner Sandstrom; Statement of Reasons by Commissioners Mason, Sandstrom and Smith; certification of vote by Commissioners (dated 5/9/01); Statement of Reasons by Commissiners Mason and Sandstrom; amended certification of vote by Commissioners (dated 5/22/01); Statement of Reasons by Commissioners Sandstrom and Smith; Statement of Reasons by Commissioners Sandstrom and Smith; certification of vote by Commissioners (dated 5/24/01); Statement of Reasons by Commissioner Sandstrom; certification of vote by Commissioners (6/15/01); Conciliation Agreement ( Yah Lin "Charlie" Trie); receipt of payment (dated 5/1/01 – "Charlie" Trie); certification of vote by Commissioners (dated 6/15/01); Conciliation Agreement (Yogesh K. Gandhi); General Counsel’s Report (dated 7/5/01); certification of vote by Commissioners (dated 7/10/01); Statement of Reasons by Commissioners Mason, Sandstrom and Smith; certification of vote by Commissioners (dated 7/10/01); Statement of Reasons by Commissioner Sandstrom; Statements of Reasons by Commissioners Mason, Sandstrom and Smith; certification of vote by Commissioners (dated 7/12/01); certification of vote by Commissioners (dated 7/25/01); Conciliation Agreement (Jack Ho and J& M International); receipt of payment (dated 6/26/01 – Jack Ho and J&M International); certification of vote by Commissioners (7/17/01); Statement of Reasons by Commissioner Sandstrom; Statement of Reasons by Commissioners Mason and Sandstrom; certification of vote by Commissioners (dated 7/24/01); Statement of Reasons by Commissioners Mason and Sandstrom; General Counsel’s Report (dated 7/30/01); certification of vote by Commissioners (dated 8/7/01); certification of vote by Commissioners (dated 8/20/01); Conciliation Agreement (John Huang); receipts of payment ( dated 8/7/01; 9/6/01; 11/6/01 and 2/1/02 – John Huang); General Counsel’s Report (dated 8/28/01); certification of vote by Commissioners (dated 9/25/01); certification of vote by Commissioners (9/27/01); Conciliation Agreement (Robert S. Lee); receipt of payment (dated 8/28/01 – Robert S. Lee); Conciliation Agreement (Chong H. Kim); receipt of payment (dated 10/31/01 – Chong H. Kim); certification of vote by Commissioners (dated 11/8/01); Conciliation Agreement (Keshi Zhan); receipts of payment (dated 9/13/01 and 6/18/02 – Zhan); amended certification of vote by Commissioners (11/29/01); Conciliation Agreement (DNC); receipts of payment (dated 1/7/02 and 2/19/02); evidence of disgorgement (dated 2/14/02); certification of vote by Commissioners (dated 12/4/01); certification of vote by Commissioners (dated 12/11/01); Conciliation Agreement (Ernest and Phyllis Green); receipt of payment (dated 11/13/01); Conciliation Agreement (Global Resource Management ); certification of vote by Commissioners (dated 6/12/02); Conciliation Agreement (Christine Warnke, et al); receipt of payment (dated 5/31/02 – Christine Warnke, et al); certification of vote (dated 8/27/02); Conciliation Agreement ( Pauline Kanchanalak); Conciliation Agreement (Duangnet Kronenberg); General Counsel’s Report (dated 8/21/02); certification of vote by Commissioners (dated 8/27/02); Statement of Reasons by Commissioner Thomas

 

*There are four administrative stages to the FEC enforcement process:

1. Receipt of proper complaint 3. "Probable cause" stage
2. "Reason to believe" stage 4. Conciliation stage

It requires the votes of at least four of the six Commissioners to take any action. The FEC can close a case at any point after reviewing a complaint. If a violation is found and conciliation cannot be reached, then the FEC can institute a civil court action against a respondent.