MUR #4530

RESPONDENTS: ACPC, Inc.; American Eco Corp.; Arter & Hadden; Ateck Company, Ltd.; Automated Intelligence Systems, Inc.; Caudle-Green, Phyllis; Cheong Am America, Inc.; Cheroutes, Michael; Chu, Yi; Chung, Chien Chuen "Johnny"; Daihatsu International Trading, Inc.; Eckart, Dennis; Fong, Matthew "Matt"; Gandhi, Yogesh K.; Glicken, Howard; Global Resource Management, Inc.; Green Stamp America, Inc.; Green, Ernest; Ho, Chiu-Lan; Ho, Man; Hogan & Hartson L.L.P.; Hong, Comete H.; Hsia, Maria L.; Hsiao, Pi-Hsia; Huang, John; International Buddhist Progress Society, Inc. d/b/a Hsi Lai Buddhist Temple; Jeng, Bih-Yueh; Jeng, Bor Yun; Kanchanalak, Chupong; Kanchanalak, Pauline; Kanchanalak, Praitun; Kronenberg, Duangnet; Lee, John H. K.; Matt Fong For State Treasurer; Ooi, Seow Fong; Pagan, Gilberto; Pan, Yuan Pei "Antonio"; Psaltis Corporation; Psaltis, George; San Kin Yip International; Seng, Ng Lap; Sheng, Jou; Shih, Man Ya; T&W Arts & Crafts (USA); Tanaka, Yoshio; Tanuwidjaja, Subandi; Tanuwidjaja, Suryanti; Tien, Ying Chiu; Tobias , Andrew; Trie, Yah Lin "Charlie"; Tumpson, Joan; Turner, William R.; Wang, Chi R.; Warnke, Christine; Wiriadinata, Arief; Wiriadinata, Soraya; Wu, Suh Jen; Yama Ren Trade Enterprise, Ltd.; Yun, Hsing; Zhan, Keshi

COMPLAINANTS: Sandler, Joseph E., Esq.; DNC Services Corporation/Democratic National Committee

SUBJECT: Contributions-In the name of another; Contributions-Corporations; Foreign Nationals; Reporting

DISPOSITION: Decided by vote 5-1 on a pre-meeting tally, to take the following actions with respect to MUR 4530: 1. Accept the conciliation agreement with Pauline Kanchanalak, as recommended in the GC Report dated August 19, 2002. 2. Accept the conciliation agreement with Duangnet Kronenberg, as recommended in the GC Report dated August 19, 2002. 3. Close the file as to these respondents. 4. Approve the appropriate letters.
Decided by vote 6-0 to 1. Take no further action and close the file as to Subandi Tanuwidjaja. 2. Take no further action and close the file as to Suryanti Tanuwidjaja. 3. Take no further action and close the file as to Kyung Hoon "John" Lee. 4. Take no further action and close the file as to Arief Wiriadinata. 5. Take no further action and close the file as to Soraya Wiriadinata. 6. .................... REDACTED .................... 7. Close MUR 4530 and related MURs 4531, 4547, 4642, and 4909. 8. Approve the appropriate letters.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Georgios Psaltis, Psaltis Corporation, Christine Warnke, Hogan & Hartson, LLP, and Michael Cheroutes, as recommended in the General Counsel Report dated June 5, 2002. (2) Close the file as to Georgios Psaltis, Psaltis Corporation, Christine Warnke, Hogan & Hartson, LLP, and Michael Cheroutes. (3) Approve the appropriate letters, as recommended in the General Counsel Report dated June 5, 2002.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Global Resource Management, Inc., as recommended in the General Counsel Report dated December 5, 2001. (2) Close the file as to Global Resource Management, Inc. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated December 5, 2001.
Decided by vote 5-0 to: (1) Accept the joint conciliation agreement with Ernest Green and Phyllis Caudle-Green, as recommended in the General Counsel Report dated November 28, 2001. (2) Close the file as to these respondents. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated November 28, 2001.
Decided by vote 6-0 to: (a) Close the files as to these respondents. (b) Approve the appropriate letter.
Decided by vote 5-0 to: (1) Accept .................... REDACTED .................... the conciliation agreement with the DNC Services Corporation/Democratic National Committee and its treasurer, as recommended in the General Counsel Report dated November 27, 2001. (2) Close the files as to these respondents. (3) Approve the appropriate letter.
Decided by vote 6-0 to: (1) Accept the conciliation agreement, as recommended in the General Counsel Report dated November 2, 2001. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated November 2, 2001.
Decided by vote 6-0 on an amended pre-meeting tally, to take the following actions with respect to MUR 4530: (1) Take no further action and close the file regarding Ng Lap Seng, a.k.a. Mr. Wu, Yuan Pei "Antonio" Pan, Daihatsu International Trading, Inc., and San Kin Yip International. (2) Take no further action and close the file regarding Cheong Am America, Inc., Ateck Company, Ltd., and Comete Hong. (3) Take no further action and close the file regarding Yoshio Tanaka. (4) Take no further action and close the file regarding Chiu-Lan Ho. (5) Approve the appropriate letters.
Decided by vote 5-0 to: (1) Accept the conciliation agreement with John Huang, as recommended in the General Counsel Report dated August 14, 2001. (2) Close the file as to this respondent. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated August 14, 2001.
Decided by vote 6-0 to: (1) .................... REDACTED .................... (2) .................... REDACTED .................... (3) Take no further action with respect to Chupong Kanchanalak or Praitun Kanchanalak and close the file as to those respondents. (4) .................... REDACTED ............... (5) Approve the appropriate letters.
Decided by vote 5-1 to: Find no PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with the $60,000 contribution from Subandi Tanuwidjaja to its non-federal account on September 25, 1996.
Failed in vote 1-5 to: Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer accepted a contribution of $10,000 from Kyung Hoon "John" Lee in violation of 2 U.S.C. 441f.
Failed in vote 3-3 to: Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) and 441f, and 11 CFR 103.3(a) in connection with the solicitation, acceptance, receipt, and failure to deposit in a timely fashion $450,000 in contributions from Arief and Soraya Wiriadinata.
Decided by vote 6-0 to Approve the appropriate letters.
Decided by vote 6-0 to Take no further action and close the file as to Dennis E. Eckart.
Decided by vote 6-0 to Take no further action against Arter & Hadden and close the file as to this respondent.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Yah Lin "Charlie" Trie, as recommended in the General Counsel Report dated June 11, 2001. (2) Close the file as to this respondent. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated June 11, 2001.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Yogesh K. Gandhi, as recommended in the General Counsel Report dated June 11, 2001. (2) Close the file as to this respondent. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated June 11, 2001.
Failed in vote 2-4 to Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e and 441f in connection with contributions made by or through Praitun Kanchanalak and Duangnet Kronenberg, as outlined in the chart on pages 92 and 93 of the General Counsel's brief dated January 22, 2001.
Failed in vote 1-5 to Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with the contribution (related to Yah Lin "Charlie" Trie) of $325,000 from Yogesh Gandhi, as set forth in the chart on page 35 of the General Counsel's brief dated January 22, 2001.
Failed in vote 1-5 to Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with a contribution of $20,000 from Sy Zuan Pan, as set forth in the chart on page 150 of the General Counsel's brief dated January 22, 2001.
Decided by vote 5-1 to Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with the late refunds of contributions to American Eco Corp., Japan Green Stamp America, Inc., and T&W Arts & Crafts (USA), Inc., as set forth in the chart on page 150 of the General Counsel's brief dated January 22, 2001.
Decided by vote 5-1 to: Take no further action with respect to the return of a contribution from Ying Chiu Tien to the DNC Services Corporation/Democratic National Committee.
Failed in vote 3-3 to: Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with the contribution from K&L International, Inc., as outlined on pages 138-144 of the General Counsel's brief dated January 22, 2001.
Decided by vote 5-1 to Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441f and 441b in connection with the $55,000 in contributions raised after the April 29, 1996 event at the temple and reimbursed by the Hsi Lai Buddhist Temple.
Failed in vote 2-4 to Adopt a knowledge standard as the mental standard for determining whether a respondent is civilly liable under 2 U.S.C. 441e(a) for the acceptance or receipt of a contribution from a foreign national. Knowledge shall be defined as "actual knowledge or willful blindness." "Willful blindness" shall mean that knowledge will be imputed to the respondent when the respondent was aware of the high probability that a contributor was a foreign national, except in cases where the respondent actually believed that the contributor was a U.S. national or permanent resident alien.
Failed in vote 0-6 to: Adopt a strict liability standard as the mental standard for determining whether a respondent is civilly liable under 2 U.S.C. 441e(a) for the acceptance or receipt of a contribution from a foreign national.
Failed in vote 1-5 to find PCTB that John Huang solicited, accepted or received from Jessica Elnitiarta and Panda Estates a total of $150,000 in contributions made with funds from foreign nationals in violation of 2 U.S.C. 441e.
Failed in vote 2-4 to: a. Find PCTB that John Huang accepted or received from Charlie Trie $137,000 in contributions made with funds from foreign nationals in violations of 2 U.S.C. 441e; and b. Find PCTB that John Huang knowingly accepted contributions made in the name of another in violation of 2 U.S.C. 441f.
Failed in vote 1-5 to find PCTB that John Huang knowingly accepted a contribution of $10,000 from John Lee in violation of 2 U.S.C. 441f.
Failed in vote 3-3 to: a. Find PCTB that John Huang solicited, accepted or received from Arief and Soraya Wiriadinata a total of $450,000 in contributions made with funds from foreign nationals in violation of 2 U.S.C. 441e; and b. Find PCTB that John Huang knowingly accepted contributions which were made in the name of another in violation of 2 U.S.C. 441f.
Failed in vote 3-3 to find PCTB that John Huang solicited, accepted or received contributions from Duangnet Kronenberg in violation of 2 U.S.C. 441e.
Failed in vote 3-3 to find PCTB that John Huang knowingly accepted contributions made in the name of another, and knowingly accepted and received corporate contributions from AEGIS in violation of 2 U.S.C. 441b and 441f.
Failed in vote 1-5 to find PCTB that John Huang accepted or received a $325,000 contribution from from Yogesh Gandhi in violation of 2 U.S.C. 441e. Commissioner Mason voted affirmatively for the motion.
Decided by vote 5-0 to: (1) .................... REDACTED .................... take no further action with respect to the $325,000 contribution solicited from Yogesh Gandhi and made by Yoshio Tanaka. (2) .................... REDACTED .................... (3) .............................. REDACTED .................... (4) .................... REDACTED ....................
Decided by vote 5-0 to: (1) Accept the conciliation agreement with Hsi Lai Buddhist Temple, as recommended in the General Counsel Report dated November 16, 2000. (2) Close the file as to Hsi Lai Buddhist Temple, Master Hsing Yun, Abbess Tzu Jung (Suh Jen Wu), Yi Chu, Man Ho, Man Ya Shih, Pi Hsia Hsiao, Bor Yun Jeng, Bih Yueh Jeng, Seow Fong Ooi, Jou Sheng, Wang Chi Rung, and Maria Hsia. (3) Approve the appropriate letters, as recommended in the General Counsel Report dated November 16, 2000.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Chien Chuen "Johnny" Chung and close the file as to him, as recommended in the General Counsel Report dated August 18, 2000. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated August 18, 2000.
Decided by vote 6-0 to: (1) Accept the conciliation agreement with Howard Glicken, as recommended in the General Counsel Report dated April 26, 2000. (2) Close the file as to this respondent. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated April 26, 2000.
Decided by vote 6-0 to: (1) Find PCTB that the International Buddhist Progress Society, Inc., d/b/a Hsi Lai Buddhist Temple, Suh Jen Wu(Tzu Jung), and Yi Chu knowingly and willfully violated 2 U.S.C. 441b(a) through the use of conduits to make corporate contributions of federal funds. (2) Find PCTB that the International Buddhist Progress Society, Inc., d/b/a Hsi Lai Buddhist Temple, Suh Jen Wu(Tzu Jung), and Yi Chu knowingly and willfully violated 2 U.S.C. 441f through the use of conduits to make corporate contributions of federal funds. (3) Find PCTB that the International Buddhist Progress Society, Inc., d/b/a Hsi Lai Buddhist Temple, Master Hsing Yun, Suh Jen Wu(Tzu Jung), and Yi Chu violated 2 U.S.C. 441b(a) by failing to obtain advance payment for food services it provided in connection with the April 1996 Democratic National Committee luncheon held at the temple. (4) Find PCTB that Man Ho knowingly and willfully violated 2 U.S.C. 441f in connection with the use of conduits to make corporate contributions of federal funds. (5a) Approve a consolidated conciliation agreement as to respondents Hsi Lai Buddhist Temple and Master Hsing Yun, which will provide for joint and several liability and a total civil penalty of $330,000; and (5b) Approve the proposed conciliation agreement, as recommended in Attachment 7 of the General Counsel Report dated March 23, 2000, except that Section VI will provide for a total civil penalty of $50,000 with regard to respondents Suh Jen Wu (Tzu Jung), Man Ho, and Yi Chu. (6) Approve the appropriate letters.
Decided by vote 5-1 on an amended pre-meeting tally vote to take the following actions with respect to MUR 4530: 1) Take no further action against Matthew "Matt" Fong, Matt Fong for State Treasurer and William R. Turner, as treasurer. 2) Close the file as to Matthew "Matt" Fong, Matt Fong for State Treasurer and William R. Turner, as treasurer. 3) Approve the appropriate letters.
Decided by vote 5-0 to 1. Accept the conciliation agreement with American Eco Corp., as recommended in the GC Report dated January 11, 2000. 2. Close the file as to this respondent and approve the appropriate letter, as recommended in the GC Report dated January 11, 2000.
Decided by vote 6-0 to .................... REDACTED .................... 6. Take no further action against Automated Intelligent Systems, Inc., and close the file as to this respondent. 7. .................... REDACTED ....................
Decided by vote 6-0 to: Take no action at this time with respect to the GC recommendation to find RTB that the People's Republic of China knowingly and willfully violated 2 U.S.C. 441e(a).
Decided by vote 6-0 to: Take no further action regarding Yama Ren Trade Enterprise, Ltd. and close the file as to this respondent.
Decided by vote 6-0 to: Find PCTB that Ying Chiu Tien violated 2 U.S.C. 441e(a) and 441f but take no further action against her; close the file in regard to this respondent and send an admonishment letter.
Decided by vote 6-0 to: Accept the counteroffer from Gilberto Pagan and close the file as to this respondent.
Decided by vote 6-0 to: Offer to take no further action against Comete Hong in exchange for her submitting to a full and complete deposition by this Office.
Decided by vote 6-0 to: Open a MUR in Pre-MUR 372.
Decided by vote 6-0 to: Find RTB that Joan Tumpson violated 2 U.S.C. 441e(a) but take no further action against her; close the file in regard to this respondent and send an admonishment letter.
Decided by vote 5-0 to 1. Accept the conciliation agreement with ACPC, Inc., as recommended in the GC Report dated November 20, 1998. 2. Close the file as to this respondent. 3. Approve the appropriate letter, as recommended in the GC Report dated November 20, 1998.
Decided by vote 6-0 to 1. Accept the conciliation agreement with Green Stamp America, Inc., as recommended in the GC Report dated September 4, 1998. 2. Close the file as to this respondent. 3. Approve the appropriate letter, as recommended in the GC Report dated September 4, 1998.
Decided by vote 5-0 to 1. Accept the conciliation agreement with T & W Arts & Crafts (USA), Inc. and close the file as to this respondent. .................... REDACTED .................... 3. Approve the appropriate letters, as recommended in the GC Report dated April 23, 1998.