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For Immediate Release
April 23, 2003
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 5238
RESPONDENTS: (a) Schumer ’98, Steven D. Goldenkranz, treasurer

(b) Heidi Miller

(c) Gretchen Burke

(d) Ken Cayre

(e) Ivan Kaufman

(f) Steve E. Zakheim

(g) B.J. Lind

(h) Harold Fetner

(i) Michael Fuchs

(j) Howard Rubin

(k) Bruckner Plaza Associates

(l) Constantine Village Associates

(m) Puck Associates

(n) Q. E. M. Associates

(o) Quail Ridge Associates

(p) Wallkill Apartments Associates, LP

COMPLAINANT: FEC Initiated (Audit)
SUBJECT: Excessive contributions; failure to file 48-hour reports; misreporting of joint fundraiser expenses; failure to report in-kind contribution
DISPOSITION: (a) Conciliation Agreement: $130,000 civil penalty*

Respondents will refund a portion of the contribution amount from 77 individual donors and two partnerships, totaling $120,455.

(b) Conciliation Agreement: $2,000 civil penalty

(c) Conciliation Agreement: $1,800 civil penalty

(d) Conciliation Agreement: $1,500 civil penalty

(e) Conciliation Agreement: $1,500 civil penalty

(f) Conciliation Agreement: $1,500 civil penalty

(g) Conciliation Agreement: $ 500 civil penalty

(h-p) Reason to believe, but took no further action*

[re: excessive contributions]

DOCUMENTS ON PUBLIC RECORD: Certification of vote by Commissioners (dated March 8, 2002); Conciliation Agreement (Miller – dated January 31, 2002); receipt of payment (Miller – dated March 31, 2002); Conciliation Agreement (Lind); receipt of payment (Lind dated February 12, 2002); certification of vote by Commissioners (dated March 13, 2002); Conciliation Agreement (Zakheim – dated March 5, 2002); receipt of payment (Zakheim – dated March 5, 2002); General Counsel’s Report #4 (dated August 5, 2002); certification of vote by Commissioners (dated August 9, 2002); Conciliation Agreement (Burke); receipt of payment (dated June 18, 2002); Conciliation Agreement (Cayre – dated July 15, 2002); Conciliation Agreement (Kaufman); receipt of payment (Kaufman – dated July 18, 2002); General Counsel’s Report #6 (dated February 27, 2003); certification of vote by Commissioners (dated March 4, 2003); Conciliation Agreement (Schumer); Memo – Supplemental to General Counsel’s Report #6 (dated March 10, 2003); Memo – Supplemental to General Counsel’s Report #6 (dated March 12, 2003); receipt of payment (Schumer – dated April 15, 2003)
 
2. MUR 5337
RESPONDENTS: (a) First Consumers National Bank

(b) Gregory Aube, former President, First Consumers Bank

COMPLAINANT: FEC Initiated
SUBJECT: Facilitation of national bank contributions
DISPOSITION: (a-b) Conciliation Agreement: $16,500 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners (dated March 6, 2003); General Counsel’s Report #4 (dated March 3, 2003)
 
3. MUR 5348
RESPONDENTS: (a) A. G. Condon, Jr.

(b) Robert P. Condon

(c) Bob Condon for Congress, Robert P. Condon, treasurer

COMPLAINANT: FEC Initiated
SUBJECT: Excessive contributions; failure to accurately report contributions and the date of a disbursement; failure to report status of a loan
DISPOSITION: (a-c) Conciliation Agreement: $6,000 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners (dated March 28, 2003)

 

*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.