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For Immediate Release
November 13, 2002
(Corrected December 19, 2002)
Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
COMPLIANCE CASES MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action on three matters previously under review (MURs). This release contains only disposition information.

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 5019
RESPONDENTS: (a) Keystone Corporation

(b) Keystone Corporation Political Action Committee, Monte Miller, treasurer

(c) Friends of Jon Porter, Inc., George Swarts, treasurer

(d) Jon C. Porter, Sr.

(e) Ensign for Senate, Saundra J. Johnson, treasurer

(f) Gibbons for Congress, Robert Legoy, treasurer

(g) Stephanie Hughes

(h) Jennifer Lewis

(i) Christine Milburn

(j) John Milburn

(k) Christopher Ferrari

(l) Jennifer Lazovich

(m) Michael Cherine

(n) Jospeh Denna

(o) Robin Mercer

(p) Laurie Porter

(q) Dennis Finfrock

(r) Kay Finfrock

(s) J. Brooke Allmon

(t) Stephen McBride

(u) Linzel McBride

(v) Mike Slanker

(w) Christen Campbell

(x) Matthew Werner

COMPLAINANT: David Plouffe, Executive Director, Democratic Congressional Campaign Committee
SUBJECT: Failure to properly register; failure to allocate shared administrative and fundraising expenses; failure to report any allocable administrative and fundraising expenses; failure to pay allocable expenses from federal account; failure to report any administrative or fundraising expenses; failure to timely file notice of multi-candidate committee status; failure to timely file disclosure reports; failure to timely file an amended Statement of Organization; excessive contributions; earmarking
DISPOSITION: (a-b) Conciliation Agreement: $11,000 civil penalty*

Respondents will cease and desist all activities that caused the violations, will file Schedules H1,H2 and H4 for 1998, 2000 and 2002 election cycles and will amend its 1998 30 Day Post-General Election report. Respondents will reimburse the State committee $4,917 representing the outstanding federal share of the allocable expenses that were paid by the non-federal account.

(c) No reason to believe*

[re: earmarking]

Took no action*

[re: with regard to the allegation of accepting an excessive contribution from Keystone Corp. Political Action Committee]

(d) No reason to believe*

[re: earmarking]

(e) Took no action*

[re: with regard to the allegation of accepting an excessive contribution from Keystone Corp. Political Action Committee]

(f) No reason to believe*

[re: excessive contributions]

(g-x) No reason to believe

[re: earmarking]

DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #3; certification of vote by Commissioners (dated May 29, 2002); certification of vote by Commissioners (dated August 27, 2002); Conciliation Agreement (Keystone Corporation and Keystone PAC); receipt of payment (dated October 3, 2002); First General Counsel’s Report; certification of vote by Commissioners (dated March 6, 2001); Memorandum (dated April 3, 2001 – Subject: Resubmission of Factual and Legal Analyses and Additional Recommendations); certification of vote by Commissioners (dated April 6, 2001)
2. MUR 5236
RESPONDENTS: (a) Oakland Democratic Campaign Committee, David Woodward, treasurer

(b) Troy Democratic Club, Timothy DeWan, treasurer

COMPLAINANTS: FEC Initiated
SUBJECT: Failure to correctly itemize shared administrative expenses; failure to correctly identify purpose of disbursement; failure to comply with reporting requirement with regard to bingo accounts; failure to correctly disclose financial activity on its bingo accounts; failure to properly deposit all of its receipts; failure to properly itemize disbursements; failure to correctly disclose financial activity on their regular account; receipt of prohibited contributions; use of prohibited funds
DISPOSITION: (a) Conciliation Agreement: $25,000 civil penalty*

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

[re: use of prohibited funds]

DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #2; certification of vote by Commissioners (dated June 26, 2002); Conciliation Agreement (Oakland Democratic Campaign Committee), receipt of payment (dated August 5, 2002); certification of vote by Commissioners (dated August 19, 2002)
3. MUR 5263
RESPONDENTS: Florio for Senate Committe, Inc., George R. Zoffinger, treasurer
COMPLAINANTS: FEC Initiated
SUBJECT: Excessive contributions
DISPOSITION: Conciliation Agreement: $75,000 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners (dated October 15, 2002)

 

*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.

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