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For Immediate Release
April 28, 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 four 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 4789 [See MUR 5340]
RESPONDENTS: (a) Democratic Party of New Mexico, Judy Baker, treasurer

(b) Thomas Atcitty

(c) Joseph Cervantes

(d) Earl Potter

(e) Ray D. Sena

(f) Deborah McDonald

COMPLAINANTS: Republican Party of New Mexico, John Dendahl, Chairman
SUBJECT: Failure to accurately report debts
DISPOSITION: (a) Conciliation Agreement: $10,000 civil penalty*

[This conciliation agreement is a joint agreement for MURs 4789 and 5340]

(b-e) Take no action*

(f) No reason to believe*

[re: any provision of the Act]

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated December 5, 2002); certification of vote by Commissioners (dated December 11, 2002); General Counsel’s Report #2 (dated February 3, 2003); certification of vote by Commissioners (dated February 12, 2002); Conciliation Agreement; receipt of payment (dated March 11, 2003)
2. MUR 5123
RESPONDENTS: (a) Friends of Phill, Jay F. Ketterling, treasurer

(b) Phill D. Kline

(c) Dwight D. Sutherland, Jr.

COMPLAINANTS: David Plouffe, Executive Director, Democratic Congressional Campaign Committee
SUBJECT: Failure to timely file independent expenditure report; disclaimer; excessive contribution; failure to report contribution
DISPOSITION: (a) No reason to believe*

[re: excessive contribution; failure to report contribution]

(b) No reason to believe*

[re: excessive contribution]

(c) Conciliation Agreement: $4,875 civil penalty*

No reason to believe*

[re: excessive contribution]

DOCUMENTS ON PUBLIC RECORD: Receipt of payment (dated March 25, 2003); Conciliation Agreement; certification of vote by Commissioners (dated April 1, 2003); certification of vote by Commissioners (dated January 6, 2003); First General Counsel’s report (dated December 20, 2003)
3. MUR 5338
RESPONDENTS: (a) National Republican Congressional Committee, Donna M. Anderson, treasurer

(b) The Leadership Forum

(c) Susan Hirschmann

(d) L. William Paxon

(e) Democratic State Parties Organization

(f) DNC Services Corp./Democratic National Committee, Andrew Tobias, treasurer

(g) Terry McAuliffe

(h) Joseph Carmichael

COMPLAINANTS: Donald J. Simon, Acting President, Common Cause

Fred Wertheimer, President, Democracy 21

Trevor Potter, General Counsel, The Campaign and Media Legal Center

Larry Noble, Executive Director, Center for Responsive Politics

SUBJECT: Establishment, financing, maintenance or control of organizations by national party committees, use and receipt of non-federal funds; failure to report receipts and disbursements
DISPOSITION: (a) Reason to believe, but took no further action*

[re: receipt of non-federal funds by a national party committee]

Sent admonishment letter.

(b-e) No reason to believe*

[re: use and receipt of non-federal funds; failure to report receipts and disbursements]

(f-h) No reason to believe*

[re: use and receipt of non-federal funds]

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated March 27, 2003); certification of vote by Commissioners (dated April 8, 2003); Memo – Technical Correction of RTB Finding (dated April 15, 2003); certification of vote by Commissioners (dated April 16, 2003); Statement of Reasons by Commissioners Weintraub and Thomas; Statement of Reasons by Commissioner McDonald; Statement of Reasons by Commissioner Mason; Statement of Reasons by Commissioner Smith; Statement of Reasons by Commissioner Toner
4. MUR 5340 [See MUR 4789]
RESPONDENTS: Democratic Party of New Mexico, Judy Baker, treasurer
COMPLAINANT: FEC Initiated (Audit)
SUBJECT: Excessive contributions
DISPOSITION: Conciliation Agreement: $10,000 civil penalty*

[This conciliation agreement is a joint agreement for MURs 4789 and 5340]

DOCUMENTS ON PUBLIC RECORD: Receipt of payment (dated March 11, 2003); Conciliation Agreement; certification of vote by Commissioners (dated February 12, 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.