MUR #4538

RESPONDENTS: Alabama Republican Party-Federal Account; Andress, Twinkle; Archer, William R., Jr.; Baer, Timothy; Boston Capital Corporation; Collins, Herbert F.; Gasson, David; Gateway Management Corporation, f/k/a American Investment Management, Inc.; Harris, Bill; McDonald, Stan; Meadows, Kevin; Parker For Congress; Parker, Wayne, Jr.; Rappuhn, Allan

COMPLAINANT: Cramer, Robert

SUBJECT:

DISPOSITION: Decided by vote 6-0 to: (1) Accept the signed conciliation agreement submitted by the Alabama Republican Party and Timothy R. Baer, as treasurer, as recommended in the General Counsel Report dated October 16, 2001. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated October 16, 2001. (3) Close the file.
Decided by vote 6-0 to: (1) Reject the counterproposal submitted by the Alabama Republican Party and Timothy R. Baer, as treasurer. (2) Approve the counteroffer and the appropriate letter, as recommended in the General Counsel's Memorandum dated October 9, 2001. (3) Authorize OGC to file a civil suit for relief in United States District Court against the Alabama Republican Party and Timothy R. Baer, as treasurer, if an agreement is not reached prior to the expiration of the 30-day conciliation period.
Decided by vote 4-2 to Take no further action regarding coordination allegations with respect to Parker for Congress and Stan McDonald, as treasurer.
Decided by vote 4-2 to Take no further action with respect to the Alabama Republican Party and Timothy R. Baer, as treasurer, regarding violations of 2 U.S.C. 441a(a)(2)(A), 441b(a), and 441a(f), and 11 CFR 102.5.
Decided by vote 6-0 to: Find PCTB that the Alabama Republican Party and Timothy R. Baer, as treasurer, violated 2 U.S.C. 434(b), and 11 CFR 104.10(b)(4) and 106.5(g).
Decided by vote 5-1 to: Approve the proposed conciliation agreement, as recommended in the General Counsel's Memorandum dated September 19, 2001, subject to a revised civil penalty of $25,000.
Decided by vote 6-0 to: (1) Take no action against the Alabama Republican Party and Timothy R. Baer, as treasurer, with respect to allegations of improper earmarking. (2) Take no action against Parker for Congress and Stan McDonald, as treasurer, with respect to allegations of improper earmarking. (3) Take no action against William R. Archer, Jr., with respect to allegations of improper earmarking. (4) Close the file with respect to William R. Archer, Jr. (5) Find no RTB that Wayne Parker, Jr., violated any provision of the Act or Commission regulations in connection with this matter. (6) Close the file with respect to Wayne Parker, Jr. (7) Close the file with respect to Parker for Congress and Stan McDonald, as treasurer. (8) Approve the appropriate letters.
Decided by vote 5-1 to deny the Request for an Extension of Time of Respondents Alabama Republican Party and Timothy R. Baer, as treasurer, and approve the appropriate letter, as recommended in the General Counsel Memorandum dated August 2, 2001.
Decided by vote 5-0 to: (1) Authorize a deposition subpoena for Lisa Myers, as recommended in the General Counsel Report dated January 2, 2001. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated January 2, 2001.
Decided by vote 6-0 to: (1) Accept the counterproposed conciliation agreement with Boston Capital Corporation and Herbert F. Collins, and close the file with respect to them, as recommended in the General Counsel Report #5 dated July 6, 2000. (2) Approve the appropriate letter, as recommended in the General Counsel Report #5 dated July 6, 2000.
Decided by vote 6-0 to (1) Accept the counterproposal conciliation agreement with Gateway Management Corporation, f/k/a American Investment Management, Inc., and Allan Rappuhn, and close the file with respect to them, as recommended in the General Counsel Report #4 dated May 30, 2000. (2) Approve the appropriate letter, as recommended in the General Counsel Report #4 dated May 30, 2000.
Decided by vote 5-1 on an amended pre-meeting tally vote, to take the following actions with respect to MUR 4538: (1) Deny Alabama Republican Party's Motion for Reconsideration of RTB findings and for dismissal. (2) Deny Parker for Congress's Motion for Reconsideration of RTB findings and for dismissal. (3) Approve the Subpoenas to Produce Documents and Orders to Submit Written Answers directed to Majority Strategies, Rapid Signs and Screen Printing, and The Strategy Group, as recommended in the General Counsel Report dated April 17, 2000. (4) Approve the Subpoena to Produce Documents directed to the Alabama Republican Party, as recommended in the General Counsel Report dated April 17, 2000. (5) Authorize deposition subpoenas for Mike Burton, Roger McConnell, Wayne Parker, Jr., Mike Slanker, Congressman William Archer, and Donald Carlson, as recommended in the General Counsel Report dated April 17, 2000. (6) Approve the appropriate letters, as recommended in the General Counsel Report dated April 17, 2000.
Decided by vote 4-1 to: (1) Enter into conciliation with Boston Capital Corporation and Herbert F. Collins prior to a finding of probable cause to believe, and approve the proposed conciliation agreement, as recommended in the General Counsel Report #2 dated March 9, 2000. (2) Take no action against Boston Capital Corporation and Herbert F. Collins with regard to the allegation of improper earmarking. (3) Take no action against David Gasson and close the file with respect to him. (4) Enter into conciliation with Gateway Management Corporation, f/k/a American Investment Management, Inc., and Allan Rappuhn prior to a finding of probable cause to believe, and approve the proposed conciliation agreement, as recommended in the General Counsel Report #2 dated March 9, 2000. (5) Take no further action against Allan Rappuhn with regard to his personal contribution to the Alabama Republican Party. (6) Take no action against Allan Rappuhn and Gateway Management Corporation, f/k/a American Investment Management, Inc., and Allan Rappuhn with regard to the allegation of improper earmarking. (7) Approve the appropriate letters, as recommended in the General Counsel Report #2 dated March 9, 2000.
Decided by vote 4-1 to 1. Find RTB that the Alabama Republican Party and Bill Harris, as treasurer, violated 2 U.S.C. 434(b), 441a(a)(2)(A), 441a(f), 441b(a), and 11 C.F.R. 102.5(a). 2. Take no action at this time with respect to the GC recommendation to find no RTB that the Alabama Republican Party and Bill Harris, as treasurer, violated 2 U.S.C. 441a(a)(8). 3. Take no action at this time with respect to the GC recommendation to find no RTB that William R. Archer, Jr. violated 2 U.S.C. 441a(a)(8). 4. Find RTB that Parker for Congress and Stan McDonald, as treasurer, violated 2 U.S.C. 434(b) and 441a(f). 5. Take no action at this time with respect to the GC recommendation to find no RTB that Parker for Congress and Stan McDonald, as treasurer, violated 11 C.F.R. 110.6(c)(2). 6. Find RTB that Boston Capital Corporation and Herbert F. Collins, as a director, violated 2 U.S.C. 441b(a). 7. Take no action at this time with respect to the GC recommendation to find no RTB that Boston Capital Corporation and Herbert F. Collins, as a director or individually, violated 2 U.S.C. 441a(a)(8). 8. Find RTB that American Investment Management, Inc. and Allan Rappuhn, as an officer and director, violated 2 U.S.C. 441b(a). 9. Take no action at this time with respect to the GC recommendation to find no RTB that American Investment Management, Inc., and Allan Rappuhn, as an officer and director or individually, violated 2 U.S.C. 441a(a)(8). 10. Find RTB that Allan Rappuhn, as an individual, violated 2 U.S.C. 441a(a)(1)(A). 11. Take no action at this time with respect to Wayne Parker, Jr. and David Gasson. 12. Approve the Factual and Legal Analyses recommended in the GC February 19, 1999, report, subject to revision pursuant to the actions noted above. 13. Approve the Subpoenas to Produce Documents and Orders to Submit Written Answers directed to the Alabama Republican Party; William R. Archer, Jr.; Parker for Congress; Boston Capital Corporation and Herbert F. Collins; American Investment Management, Inc. and Allan Rappuhn; the Republican National Committee; The Strategy Group; and Strategic Media Services as recommended in the GC February 19, 1999 report. 14. Approve appropriate letters.