MUR #4012

RESPONDENTS: Freedom's Heritage Forum; Cerminara, Arthur A.; Hardy for Congress Committee; Hardy, Timothy L.; Lewis for Congress Committee; Lewis, Richard; Simon, Frank

COMPLAINANT: Keenan, Maureen

SUBJECT: Contributions-Excessive; Disclaimer; Other; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to determine that in FEC v. Freedom's Heritage Forum (Case No. 98-549), pursuant to the Debt Collection Improvement Act of 1996, the costs of collection are anticipated to exceed the amount recoverable, forgive the debt, dismiss this matter, and close the file.
Decided by vote 4-1 to 1...........................REDACTED........................... 2. Authorize the Office of General Counsel to file a civil suit for relief in U.S. District Court against the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer. 3. Authorize the Office of General Counsel to file a civil suit for relief in U.S. District Court against Timothy Hardy. 4. Approve the appropriate letters, as recommended in the General Counsel's Report dated May 13, 1998.
Decided by vote 4-1 to a) ...................REDACTED.............................b)............................REDACTED...................... c) Approve appropriate letters.
Decided by vote 4-1 to a) Find probable cause to believe that the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer, violated 2 U.S.C. 441a(a)(1)(A), 434(b), and 441d(a). b) Take no further action as to the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer with respect to 2 U.S.C. 434(b) regarding itemization of its contributions. c) Find probable cause to believe that Timothy Hardy violated 2 U.S.C. 441a(f). d) Find probable cause to believe that Timothy Hardy violated 2 U.S.C. 441b. e) Find probable cause to believe that Richard Lewis violated 2 U.S.C. 441a(f) but take no further action and close the file as to this respondent. f) Take no further action and close the file as to Arthur A. Cerminara. g) Take no further action and close the file as to the Hardy for Congress Committee and Bob Ross, as treasurer. h) Take no further action and close the file as to the Lewis for Congress Committee and Bob Ross, as treasurer.
Failed in vote 3-2 to pass a motion to a) Find probable cause to believe that the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer, knowingly and willfully violated 2 U.S.C. 441a(a)(1)(A), 434(b), and 441d(a). b) Take no further action as to the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer with respect to 2 U.S.C. 434(b) regarding itemization of its contributions. c) Find probable cause to believe that Timothy Hardy knowingly and willfully violated 2 U.S.C. 441a(f). d) Find probable cause to believe that Timothy Hardy violated 2 U.S.C. 441b. e) Find probable cause to believe that Richard Lewis violated 2 U.S.C. 441a(f) but take no further action and close the file as to this respondent. f) Take no further action and close the file as to Arthur A. Cerminara. g) Take no further action and close the file as to the Hardy for Congress Committee and Bob Ross, as treasurer. h) Take no further action and close the file as to the Lewis for Congress Committee and Bob Ross, as treasurer. i) Approve the conciliation agreement with the Freedom's Heritage Forum and Frank G. Simon, M.D., as treasurer, as recommended in the General Counsel's January 15, 1998 report. j) Approve the conciliation agreement with Timothy Hardy as recommended in the General Counsel's January 15, 1998 report. k) Approve the appropriate letters as recommended in the GC January 15, 1998 report.
Decided by vote 4-1 to 1. Find reason to believe that Frank Simon, M.D., as treasurer of Freedoms Heritage Forum, violated 2 U.S.C. 434(b); 434(c); 441a(a)(1)(A); and 441d(a)(3). 2. Approve the appropriate letters, the Factual and Legal Analysis, the Subpoena for the Production of Documents to be sent to Toby Tours, Inc., and bank subpoenas to the Fifth Third Bank, the Stock Yards Bank and Trust Company, and the PNC Bank as recommended in the General Counsel's October 17, 1996 report.
Decided by vote 5-0 to 1. Find RTB that the Freedom's Heritage Forum and Arthur A. Cerminara, as treasurer, violated 2 U.S.C. 434(b); 434(c); 441a(a)(1)(A); and 441d(a)(3). 2. Find RTB that the Hardy for Congress Committee and Bob Ross, as treasurer, violated 2 U.S.C. 434(a)(6)(A); 434(b) and 441a(f). 3. Find RTB that Timothy Hardy violated 2 U.S.C. 441a(f). 4. Find RTB that the Lewis for Congress Committee and Bob Ross, as treasurer, violated 2 U.S.C. 434(a)(6)(A); 434(b) and 441a(f). 5. Find RTB that Richard Lewis violated 2 U.S.C. 441a(f). 6. Take no action at this time with respect to Frank G. Simon, M.D. 7. Approve the Factual and Legal Analyses and appropriate letters as recommended in the GC June 23, 1995 report, subject to revision as agreed during the meeting.