MUR #4634
SAM BROWNBACK FOR CONGRESSSummary
RESPONDENTS: Triad Management Services, Inc.; Allen, Kevin; American Free Enterprise PAC; Anderson, Devin D.; Bauer, David; Bob Riley For Congress; Brownback, Samuel D.; Citizens Allied For Free Enterprise; Citizens For Reform; Citizens For The Republic Education Fund; Citizens United Political Victory Fund; Cone, Robert L.; Conservative Campaign Fund (Fka Honest Elections PAC); Conservative Victory Committee; Demaree, Gary F.; Eagle Forum PAC; Faith, Family & Freedom PAC; Flaherty, Peter T.; Gaul, Margaret; Goodgame, Hughel; Groesbeck, Alan W.; Hill, Richard Allan; Humphries, Anthony; Knight, Diane; Madison Project Inc.; Malenick, Carolyn; Noren, Leif E.; Pearson, David E.; Pendleton, Keri; Rick Hill for Congress Committee; Riley, Bob; Riley, Robert R., Jr.; Russell, Mark B.; SIXTY VOTES COALITION (aka); Sam Brownback for US Senate; Stauffer, Jr., John H. , Esq.; Stauffer, Ruth; Swanson, Rosemary; Teepell, Timothy
COMPLAINANT: Burger, Micheline Z.
SUBJECT: Contributions-Limitations; Contributions-Excessive; Contributions-Corporations; Reporting
DISPOSITION: The Commission decided by a vote of 5-0 to close the files in MURs 4568, 4633, 4634, and 4736 as to all remaining
respondents and approve all letters, as recommended in the General Counsel’s Memorandum August 29, 2007.
Decided by vote 5-0 to 1. Take no further action as to Robert Cone and close the file. 2. Approve the appropriate letter, as recommended in the General Counsel's Report dated November 20, 2002
Decided by vote 5-0 to take the actions in the above-captioned matter: 1. Re-open MUR 5294. 2. Rescind the Commission action severing and transferring Robert Riley, Jr., and the Bob Riley for Congress Committee and Hughel Goodgame, as treasurer, and the Honorable Robert Riley from MURs 4568, 4633, 4634 and 4736. 3. Sever Peter Cloeren, Patricia Cloeren, Brian Babin and Brian Babin for Congress and Thomas Freeman, as treasurer, from MUR 4736, transfer them to MUR 5294. 4. Close MUR 5294. 5. Approve the appropriate letters, as recommended in the GC Memorandum dated September 3, 2002.
Decided by vote 5-0 to 1. Take no further action and close the file in MUR 4736 as to: Meredith O'Rourke; Peter Flaherty, as President of Citizens for Reform; Carlos Rodriguez; Jeff Larson, as Vice President of Strategic Telecommunications; and Robert Moore, as President of Moore Information. 2. Open a new MUR. 3. Sever from MURs 4568, 4633, 4634, and 4736 the following respondents: Citizens for Reform; Peter Flaherty, as President of Citizens for Reform; Citizens for the Republic Education Fund; The Rick Hill Committee and Gary F. Demaree, as treasurer; Madison Project Inc. Fund and Elizabeth Smith, as treasurer; American Free Enterprise PAC and David Bauer, as treasurer; Citizens Allied for Free Enterprise and Kirk Knight, as treasurer; Conservative Campaign Fund and Peter Flaherty, as treasurer; Citizens United Political Victory Fund and Kevin Allen, as treasurer; Conservative Victory Committee and Leif E. Noren, as treasurer; Eagle Forum PAC and Margaret Gaul, as treasurer; Faith, Family, & Freedom PAC and Devin Anderson, as treasurer; Free Congress PAC and Thomas O'Connor, as treasurer; The Honorable Robert Riley; Bob Riley for Congress and Hughel Goodgame, as treasurer; Robert Riley, Jr.; The Honorable Sam Brownback; Sam Brownback for US Senate and Alan Groesback, as treasurer; John Stauffer; Ruth Stauffer; Meredith O'Rourke; Carlos Rodriguez; Jeff Larson, as Vice President of Strategic Telecommunications; and Robert Moore, as President of Moore Information, and transfer these respondents into the new MUR. 4. Close the new MUR in which the following are named as respondents: Citizens for Reform; Peter Flaherty, as President of Citizens for Reform; Citizens for the Republic Education Fund; The Rick Hill Committee and Gary F. Demaree, as treasurer; Madison Project Inc. Fund and Elizabeth Smith, as treasurer; American Free Enterprise PAC and David Bauer, as treasurer; Citizens Allied for Free Enterprise and Kirk Knight, as treasurer; Conservative Campaign Fund and Peter Flaherty, as treasurer; Citizens United Political Victory Fund and Kevin Allen, as treasurer; Conservative Victory Committee and Leif E. Noren, as treasurer; Eagle Forum PAC and Margaret Gaul, as treasurer; Faith, Family, & Freedom PAC and Devin Anderson, as treasurer; Free Congress PAC and Thomas O'Connor, as treasurer; The Honorable Robert Riley; Bob Riley for Congress and Hughel Goodgame, as treasurer; Robert Riley, Jr.; The Honorable Sam Brownback; Sam Brownback for US Senate and Alan Groesback, as treasurer; John Stauffer; Ruth Stauffer; Meredith O'Rourke; Carlos Rodriguez; Jeff Larson, as Vice President of Strategic Telecommunications; and Robert Moore, as President of Moore Information. 5. Approve the appropriate letters.
Decided by vote 4-1 to grant OGC contingent authority to file a civil suit in federal district court against Carolyn Malenick d/b/a Triad Management Services, and Triad Management Services, Inc., and Carolyn Malenick, as corporate officer.
A Memorandum from the General Counsel was received in the Commission Secretariat on Tuesday, June 4, 2002 and circulated to the Commission on a 24-hour no objection basis at 4:00 p.m. on Tuesday, June 4, 2002. There were no objections to the letter informing Respondents that there is no basis for the Commission to consider their May 31, 2002 Motion to Reconsider Probable Cause Finding against Carolyn Malenick d/b/a Triad Management Services and Triad Management Services Inc., as recommended in the General Counsel's Memorandum. However, Commissioner Toner did not return a ballot.
Failed in vote 2-3 to instruct OGC to seek to obtain from Carolyn Malenick an agreement to shut down Citizens for Reform and Citizens for the Republic Education Fund as part of the conciliation process.
Decided by vote 5-0 to: (1) Close the file with respect to Citizens for Reform and Citizens for the Republic Education Fund. (2) Send the appropriate letters.
Failed in vote 3-2 to: (1) Find PCTB that Citizens for the Republic Education Fund violated 2 U.S.C. 433 and 434.
(2) Find PCTB that Citizens for Reform violated 2 U.S.C. 433 and 434.
(3) Find PCTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(f) and 441b, and 11 CFR 102.5.
(4) Find PCTB that Citizens for Reform violated 2 U.S.C. 441a(f) and 441b, and 11 CFR 102.5.
(5) Find PCTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(a)(1).
(6) Find PCTB that Citizens for Reform violated 2 U.S.C. 441a(a)(1).
(7) Find PCTB that Citizens for the Republic Education Fund and Carolyn Malenick, as corporate officer, violated 2 U.S.C. 441b.
(8) Find PCTB that Citizens for Reform violated 2 U.S.C. 441b.
(9) Approve the proposed conciliation agreements, as recommended in the General Counsel Report dated March 18, 2002, for: a) Citizens for the Republic Education Fund and b) Citizens for Reform, as political committees.
Decided by vote 4-1 to: Find PCTB that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 441a(f) and 11 CFR 102.5.
Decided by vote 5-0 to: Approve the appropriate letters.
Decided by vote 4-1 to direct OGC to: 1. Revise the conciliation agreement, as recommended in the GC Report dated March 18, 2002, for Carolyn Malenick d/b/a Triad Management Services and Triad Management Services, Inc.; 2. Amend the civil penalty amount to $225,000; and 3. Circulate for Commission approval.
Failed in vote 3-2 to direct OGC to: 1. Revise the conciliation agreement, as recommended in the GC Report dated March 18, 2002, for Carolyn Malenick d/b/a Triad Management Services and Triad Management Services, Inc.; 2. Amend the civil penalty amount to $900,000; and 3. Circulate for Commission approval.
Decided by vote 5-0 to: 1. Find PCTB that Triad Management Services, Inc., and Carolyn Malenick, as corporate officer, violated 2 U.S.C. 441b. 2. Take no further action and close the file as to: American Free Enterprise PAC and David Bauer, as treasurer; Citizens Allied for Free Enterprise and Kirk Knight, as treasurer; Conservative Campaign Fund and Peter Flaherty, as treasurer; Citizens United Political Victory Fund and Kevin Allen, as treasurer; Conservative Victory Committee and Leif E. Noren, as treasurer; Eagle Forum PAC and Margaret Gaul, as treasurer; Faith, Family, & Freedom PAC and Devin Anderson, as treasurer; and Free Congress PAC and Thomas O'Connor, as treasurer.
Failed in vote 3-2 to: 1. Find PCTB that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 441a(a)(8). 2. Find PCTB that Triad Management Services, Inc., violated 2 U.S.C. 441a(a)(8).
Decided by vote 5-0 to: Find PCTB that Triad Management Services, Inc., violated 2 U.S.C. 441b and 11 CFR 102.5.
Decided by vote 4-1 to: Find PCTB that Triad Management Services, Inc., violated 2 U.S.C. 441a(f).
Decided by vote 5-0 to: 1. Find PCTB that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 433 and 434. 2. Find PCTB that Triad Management Services, Inc., violated 2 U.S.C. 433 and 434. 3. Find PCTB that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 434(c). 4. Find PCTB that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 441a(a)(1). 5. Find PCTB that Triad Management Services, Inc., violated 2 U.S.C. 441a(a)(1).
Decided by vote 5-0 to: (1) Accept the proposed conciliation agreement with Robert Cone, as recommended in the General Counsel Report dated February 28, 2002. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated February 28, 2002.
Decided by vote 5-1 to accept the Conciliation Offer of Robert Riley, Jr., the Bob Riley for Congress Committee, and Hughel Goodgame, as treasurer, dated December 19, 2001 as recommended in the GC Memorandum dated January 8, 2002.
Decided by vote 5-1 to: (1) Reject Respondents' November 16, 2001 counterproposal, as amended on November 21, 2001. (2) Direct OGC to attempt conciliation with the respondents before actually filing suit. (3) Authorize OGC to remove the knowing and willful aspects of the admissions clause during the conciliation process.
Decided by vote 6-0 to authorize OGC to expand the scope of the conciliation negotiations with Robert Cone to include excessive contributions made to Triad Management Services, Inc. in 1997-1998, as recommended in the General Counsel Report dated December 3, 2001.
Decided by vote 6-0 to: (a) Take no further action and close the file, as it pertains to these respondents. (b) Send the appropriate letter.
Failed in vote 3-3 to pass a motion to: (a) Find PCTB that the Rick Hill Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434(b) and 441a(f). (b) Find PCTB that the Rick Hill Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434(b) and 441b, in the alternative. (c) Approve the appropriate conciliation agreement which would state the alternative bases for the violation. (d) Approve the appropriate letter.
Failed in vote 2-3 to Approve the conciliation agreement, as recommended in the General Counsel Report dated August 14, 2001.
Decided by vote 5-0 to Approve the appropriate letter, as recommended in the General Counsel Report dated August 14, 2001.
Decided by vote 4-1 to: (1) Approve the conciliation agreement, as recommended in the General Counsel Report dated August 14, 2001, subject to the following revisions: 1) Delete the following paragraphs in section IV.: #4, #5, #8, #13, and #14; (2) Revise the following paragraphs to delete any references to Citizens for Reform ("CR") and Citizens for the Republic Education Fund ("CREF"): IV. 9, IV. 15, and V. (3) Revise the civil penalty amount to $25,000.
Decided by vote 4-1 to: (1) Find PCTB that Robert Cone violated 2 U.S.C. 441a(a)(1). (2) Find PCTB that Robert Cone violated 2 U.S.C. 441a(a)(3).
Decided by vote 4-2 to: (1) Deny the Respondents' request for access to all deposition transcripts, interviews and/or correspondence generated during the course of the investigation in MURs 4568, 4633, 4634, and 4736. (2) Approve the appropriate letter, as recommended in the General Counsel's Memorandum dated August 9, 2001.
Decided by vote 5-0 to: (1) Close the file as to Sam Brownback for US Senate and Alan Groesbeck, as treasurer, as recommended in the General Counsel Report dated July 16, 2001. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated July 16, 2001.
Decided by vote 6-0 to 1. Accept the conciliation agreement with The Madison Project Inc. Fund and Timothy Teepell, as treasurer, as recommended in the GC Report dated June 26, 2001. 2. Close the file as to The Madison Project Inc. Fund and Timothy Teepell, as treasurer. 3. Approve the appropriate letter, as recommended in the GC Report dated June 26, 2001.
Decided by vote 5-1 to: (1) Accept the proposed conciliation agreement with John and Ruth Stauffer, as recommended in the General Counsel Report dated June 14, 2001. (2) Close the file as to John and Ruth Stauffer. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated June 14, 2001.
Decided by vote 5-1 to: (1) Approve the conciliation agreement for John and Ruth Stauffer, as recommended in the General Counsel Report dated May 9, 2001, subject to the following revisions: a) Exclude the transactions involving the Conservative Victory Committee, Eagle Forum PAC, Conservative Campaign Fund, and the Faith, Family, and Freedom PAC; and b) Revise the civil penalty amount to $10,000. (2) Approve the appropriate revised letter to the Sam Brownback for US Senate Committee.
Failed in vote 3-3 to pass a motion to Approve the conciliation agreement for John and Ruth Stauffer, as recommended in the General Counsel Report dated May 9, 2001.
Failed in vote 1-5 to pass a motion to: (1) Take no further action and close the file as to John and Ruth Stauffer. (2) Take no further action and close the file as to the Sam Brownback for US Senate Committee and Alan Groesbeck, as treasurer. (3) Take no further action against Senator Sam Brownback, and close the file as to him. (4) Take no further action against, and close the file as to: a) Conservative Campaign Fund and Peter Flaherty, as treasurer; b) Conservative Victory Committee and Leif Noren, as treasurer; c) Eagle Forum PAC and Margaret Gaul, as treasurer; d) Free Congress PAC and Keri Pendleton, as treasurer; and e) Faith, Family, and Freedom PAC and Devin Anderson, as treasurer. (5) Take no action at this time, but leave the file open, as to: a) American Free Enterprise PAC and David Bauer, as treasurer; b) Citizens Allied for Free Enterprise PAC and Diane Knight, as treasurer; c) Citizens United Political Victory Fund and Kevin Allen, as treasurer; d) Madison Project, Inc. Fund and Timothy Teepell, as treasurer. (6) Approve the appropriate letters.
Decided by vote 5-1 to: (1) Find PCTB that John and Ruth Stauffer violated 2 U.S.C. 441a(a)(1). (2) Find PCTB that Sam Brownback for US Senate Committee and Alan Groesbeck, as treasurer, violated 2 U.S.C. 441a(f), but take no action at this time and send the admonishment letter, as recommended in the General Counsel Report dated May 9, 2001. (3) Take no further action against Senator Sam Brownback, and close the file as to him. (4) Take no action at this time, but leave the file open, as to: a) Conservative Campaign Fund and Peter Flaherty, as treasurer; b) Conservative Victory Committee and Leif Noren, as treasurer; c) Eagle Forum PAC and Margaret Gaul, as treasurer; d) Free Congress PAC and Keri Pendleton, as treasurer; and e) Faith, Family, and Freedom PAC and Devin Anderson, as treasurer. 5. Take no action at this time, but leave the file open, as to: a) American Free Enterprise PAC and David Bauer, as treasurer; b) Citizens Allied for Free Enterprise PAC and Diane Knight, as treasurer; c) Citizens United Political Victory Fund and Kevin Allen, as treasurer; and d) Madison Project, Inc. Fund and Timothy Teepell, as treasurer. (6) Authorize contingent suit authority. (7) Approve the appropriate letters.
Decided by vote 5-1 on an amended pre-meeting tally, to take the following actions with respect to MURs 4568, 4633, 4634, and 4736: (1) Deny the April 27, 2001 Motion to Reconsider the Commission's Probable Cause to Believe findings filed by Respondents Robert Riley, Jr., and the Bob Riley for Congress Committee and Hughel Goodgame, as treasurer. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated May 3, 2001.
Decided by vote 6-0 to (1) Find RTB that The Madison Project, Inc. Fund and Timothy Teepell, as treasurer, violated 2 U.S.C. 441b(b)(4)(A)(i). (2) Authorize OGC to enter into conciliation negotiations prior to a finding of PCTB with The Madison Project, Inc. Fund and Timothy Teepell, as treasurer. (3) Approve the Factual and Legal Analysis, as recommended in the General Counsel Report dated May 9, 2001. (4) Approve the conciliation agreement, as recommended in the General Counsel Report dated May 9, 2001. (5) Approve the appropriate letter.
A Memorandum from the Acting General Counsel to approve a subpoena to QWEST Communications was circulated to the Commission on a 24-hour no objection basis on Friday, May 4, 2001.
Decided by vote 5-1 to: (1) Find PCTB that Robert Riley, Jr. knowingly and willfully violated 2 U.S.C. 441a(a)(1). (2) Find PCTB that Bob Riley for Congress Committee and Hughel Goodgame, as treasurer, violated 2 U.S.C. 441a(f). (3) Take no further action against Congressman Robert ("Bob") Riley, and close the file as to him. (4) Approve the conciliation agreements for Robert Riley, Jr., and the Bob Riley for Congress Committee and Hughel Goodgame, as treasurer; as recommended in the General Counsel Report dated March 20, 2001, as amended to revise the civil penalty for the committee to $4500. (5) Authorize contingent suit authority. (6) Approve the appropriate letters.
A Memorandum from the Acting General Counsel to approve subpoenas was circulated to the Commission on a 24-hour no objection basis on Tuesday, March 20, 2001.
Decided by vote 4-1 to: (1) Authorize document subpoenas for Western Wireless and the Federal Express Corporation, as recommended in the General Counsel Report dated February 16, 2001. (2) Authorize a document subpoena and an order to answer written questions for QWEST Communications, as recommended in the General Counsel Report dated February 16, 2001. (3) Deny the request of the Rick Hill for Congress Committee and Gary F. Demaree, as treasurer, to dismiss the Commission's reason-to-believe findings and to close the file against them in MURs 4568, 4633, 4634, and 4736. (4) Approve the appropriate letters, as recommended in the General Counsel Report dated February 16, 2001
Decided by vote 4-1 to: (1) Authorize OGC to file a civil action for subpoena enforcement in federal district court to enforce the deposition subpoena issued to Kenneth "Buddy" Barfield on March 1, 2000. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated January 25, 2001.
Decided by vote 6-0 to: (1) Reject the proposal in the November 14, 2000 letter from counsel to Ms. Malenick to defer the investigation in MURs 4568, 4633, 4634, and 4736 until such time as the Department of Justice terminates an ongoing criminal investigation, and authorize OGC to proceed with the deposition of Carolyn Malenick. (2) Approve the appropriate letter.
Decided by vote 4-1 to: (1) Authorize OGC to file a civil action for subpoena enforcement in federal district court to enforce the deposition subpoena issued to Devin Anderson on August 25, 2000. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated October 17, 2000. Commissioners Mason, McDonald, Thomas, and Wold voted affirmatively for the decision. Commissioner Smith dissented. Commissioner Sandstrom was not present.
Decided by vote 5-1 to: (1) Deny the Motion To Quash the Commission's deposition subpoena for Devin Anderson filed by Faith Family & Freedom PAC and Devin Anderson, as treasurer. (2) Deny the request set forth in a letter dated July 28, 2000 from Faith Family and Freedom PAC and Devin Anderson, as treasurer, for copies of the complaints filed in MURs 4568 and 4736. (3) Approve the appropriate letter, as recommended in the General Counsel Report dated September 11, 2000.
Decided by vote 4-1 on an amended pre-meeting tally vote, to take the following actions with respect to MURs 4568, 4633, 4634, and 4736: (1) Authorize document subpoenas for Koch Industries, Charles Koch, and David Koch. (2) Authorize deposition subpoenas for Peter Flaherty, Devin Anderson, Floyd Brown, Larry Akey, and Robert Mills. (3) Approve the appropriate letters, as recommended in the General Counsel Report dated August 3, 2000.
Decided by vote 5-1 to: (1) Deny Robert Riley, Jr.'s June 2, 2000 Motion to Quash or Modify Subpoena. (2) Approve the appropriate letter, as recommended in the General Counsel Report dated June 16, 2000. (3) Grant OGC contingent authority to file a civil suit in federal district court to enforce the deposition subpoena issued to Robert Riley, Jr. on May 25, 2000 in the event that he fails to full comply with the subpoena.
Decided by vote 5-0 to approve the letter which states that the Commission does not agree to the terms and limitations proposed in the April 24, 2000 letter from respondents' counsel, and which encloses the previously authorized subpoena for the deposition of Robert Riley, Jr., as recommended in the General Counsel Report dated May 18, 2000.
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 5-1 to: 1) Authorize document subpoenas for Meredith O'Rourke, Carlos Rodriguez, and William Saracino, as recommended in the GC Report dated February 11, 2000. 2) Authorize document subpoenas and orders to answers written questions for The Economic Education Trust and Buddy Barfield, as recommended in the GC Report dated February 11, 2000. 3) Authorize a document subpoena for Pellissier Communications, as recommended in the GC Report dated February 11, 2000. 4) Authorize a document subpoena for the National Republican Congressional Committee and Donna M. Anderson, as treasurer, as recommended in the GC Report dated February 11, 2000. 5) Authorize deposition subpoenas for Meredith O'Rourke, Carlos Rodriguez, William Saracino, Carolyn Malenick, Buddy Barfield, Robert Cone, John Stauffer, Ruth Stauffer, Robert Riley, Jr., David Gilliard, David Bauer, Michael Boos, Rick Hill, Brian Babin, Walter Whetsell, and Richard Dresner, as recommended in the GC Report dated February 11, 2000. 6) Approve the appropriate letters, as recommended in the GC Report dated February 11, 2000.
Decided by vote 6-0 to 1. Approve the Stipulations of Fact with Triad Management Services, Inc. and Carolyn S. Malenick, as recommended in the GC Report dated January 20, 2000. 2. Approve the Stipulations of Fact with Citizens for Reform, as recommended in the GC Report dated January 20, 2000. 3. Approve the Stipulations of Fact with Citizens for the Republic Education Fund, as recommended in the GC Report dated January 20, 2000.
Decided by vote 6-0 to 1. Authorize the Subpoena to Produce Documents and Order to Submit Answers to Gilbert & Wolfand, P.C., as recommended in the GC Report dated January 5, 2000. 2. Authorize the Deposition Subpoena to the Person with the Most Knowledge at Gilbert & Wolfand, P.C., as recommended in the GC Report dated January 5, 2000. 3. Approve the appropriate letters, as recommended in the GC Report dated January 5, 2000.
There were no objections to the petition for an extension of time requested by Stevens Reed Curcio & Company regarding MURs: 4568, 4633, 4634 & 4736.
Decided by vote 6-0 to 1. Deny the motion by Faith Family & Freedom PAC and Devin Anderson, as treasurer, to dismiss the Commission's reason-to-believe findings and to close the file against them in MUR 4736. 2. Deny the motion by Citizens United Political Victory Committee and Kevin Allen, as treasurer, to dismiss the Commission's reason- to-believe findings and to close the file against them in MURs 4568, 4633, 4634, and 4736. 3. Deny the request by Faith Family & Freedom PAC and Devin Anderson, as treasurer, for access to copies of the complaint in MUR 4736. 4. Deny the request by Citizens United Political Victory Fund and Kevin Allen, as treasurer, for access to copies of the complaints, responses, FEC analyses and findings in MURs 4568, 4633, 4634, and 4736. 5. Approve the appropriate letters, as recommended in the GC Report dated October 29, 1999.
Decided by vote 6-0 to 1. Authorize the subpoena for the deposition of Jason Oliver, as recommended in the GC September 28, 1999 report. 2. Authorize Subpoenas and Orders, in the form recommended in the GC September 28, 1999 report, to: (a) Dresner, Wickers & Associates (b) Stevens, Reed, Curcio & Co. (formerly Greg Stevens and Co.) (c) Gannon, McCarthy, Mason Ltd. (d) The Farwell Group (e) The Dolphin Group (f) Dave Gilliard & Associates (g) Joe Shumate & Associates (h) Sandler & Innocenzi (i) Dalton Media Studios (j) Fabrizio, McLaughlin & Associates 3. Approve the appropriate letters.
Decided by vote 5-0 to 1. Find no RTB that the Liberal Party of New York State and Anne Peskin, as treasurer, violated the Act. 2. Find no RTB that the Independence Party Federal Committee and Laureen Oliver, as treasurer, violated the Act. 3. Find no RTB that the Reform Party of the United States of America and Michael Morris, Jr., as treasurer, violated the Act. 4. Find no RTB that the Democratic Senatorial Campaign Committee and Joe Hansen, as treasurer, violated the Act. 5. Find no RTB that Schumer '98 and Steven Goldenkranz, as treasurer, violated the Act. 6. Close the file. 7. Approve the appropriate letters, as recommended in the GC Report dated March 26, 1999.
Decided by vote 5-1 to 1. Find RTB that Triad Management Services, Inc. violated 2 U.S.C. 433 and 434. 2. Find RTB that Triad Management Services, Inc. violated 2 U.S.C. 441a. 3. Find RTB that Triad Management Services, Inc. and Carolyn Malenick violated 2 U.S.C. 441b. 4. Find RTB that Robert Cone violated 2 U.S.C. 441a(a)(1)(c) and 441a(a)(3). 5. Find RTB that Citizens for Reform violated 2 U.S.C. 433 and 434. 6. Find RTB that Citizens for Reform violated 2 U.S.C. 441a(a)(1). 7. Find RTB that Citizens for Reform violated 441b. 8. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 433 and 434. 9. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(a)(1). 10. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441b. 11. Find RTB that Triad Management Services, Inc. and Carolyn Malenick violated 2 U.S.C. 441f. 12. Find RTB that Robert Riley, Jr. violated 2 U.S.C. 441f. 13. Find RTB that Robert Riley, Jr. violated 2 U.S.C. 441a(a)(1). 14. Find RTB that John and Ruth Stauffer violated 2 U.S.C. 441f. 15. Find RTB that John and Ruth Stauffer violated 2 U.S.C. 441a(a)(1). 16. Find RTB that American Free Enterprise PAC and David Bauer, as treasurer, violated 2 U.S.C. 434 and 441f. 17. Find RTB that Citizens Allied for Free Enterprise and Diane Knight, as treasurer, violated 2 U.S.C. 434 and 441f. 18. Find RTB that Conservative Campaign Fund and Peter Flaherty, as treasurer, violated 2 U.S.C. 434 and 441f. 19. Find RTB that Eagle Forum PAC and Margaret Gaul, as treasurer, violated 2 U.S.C. 434 and 441f. 20. Find RTB that Faith Family & Freedom PAC and Devin Anderson, as treasurer, violated 2 U.S.C. 434 and 441f. 21. Find RTB that Citizens United Political Victory Fund and Kevin Allen, as treasurer, violated 2 U.S.C. 434 and 441f. 22. Find RTB that Conservative Victory Committee and Leif E. Noren, as treasurer, violated 2 U.S.C. 434 and 441f. 23. Find RTB that Free Congress PAC and Keri Pendleton, as treasurer, violated 2 U.S.C. 434 and 441f . 24. Find RTB that The Madison Project, Inc. Fund and David Pearson, as treasurer, violated 2 U.S.C. 434 and 441f. 25. Find RTB that The Honorable Bob Riley violated 2 U.S.C. 441f. 26. Find RTB that The Honorable Bob Riley violated 2 U.S.C. 441a(f). 27. Find RTB that The Honorable Bob Riley violated 2 U.S.C. 441b. 28. Find RTB that Bob Riley for Congress and Hughel Goodgame, as treasurer, violated 2 U.S.C. 434 and 441f. 29. Find RTB that Bob Riley for Congress and Hughel Goodgame, as treasurer, violated 2 U.S.C. 434 and 441a(f). 30. Find RTB that Bob Riley for Congress and Hughel Goodgame, as treasurer, violated 2 U.S.C. 441b. 31. Find RTB that the Rick Hill for Congress Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434 and 441a(f). 32. Find RTB that the Rick Hill for Congress Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 441b. 33. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441f. 34. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441a(f). 35. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441b. 36. Find RTB that Sam Brownback for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 434 and 441f. 37. Find RTB that Sam Brownbeck for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 434 and 441a(f). 38. Find RTB that Sam Brownbeck for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 441b. 39. Modify the findings No. 28, 29 and 30 in MURs 4568, 4633, and 4634 to substitute the name of Hughel Goodgame for that of Anthony Humphries as the treasurer of Bob Riley for Congress. 40. Take no action at this time with respect to Moore Information, Inc. 41. Take no action at this time with respect to Strategic Telecommunications. 42. Take no action at this time with respect to Betty Hill. 43. Take no action at this time with respect to Larry Akey. 44. Approve the appropriate factual and legal analyses. 45. Approve the appropriate letters. 46. Approve Subpoenas for the Production of Documents and Orders to Submit Written Answers to the following, as recommended in the GC January 26, 1999 report: a) Moore Information, Inc. b) Strategic Telecommunications c) Carolyn Malenick.
Failed in vote 1-5 to pass a motion to a) Reject the counterproposal of the Washington State Republican Party -- Federal Account and Al Symington, as treasurer. b) Approve the counteroffer recommended in the GC March 2, 1999 report, subject to reduction of the civil penalty to Seventy-five Thousand Dollars ($75,000). c) Approve an appropriate letter
Decided by vote 5-0 to 1. Provide the Department of Justice with the three original documents requested in the February 6, 1997 letter from Laura Ingersoll. 2. Approve the letter, as recommended in the GC Memorandum dated February 7, 1996.
Decided by vote 4-1 to 1. Find RTB that Triad Management Services, Inc. violated 2 U.S.C. 433 and 434. 2. Find RTB that Triad Management Services, Inc. violated 2 U.S.C. 441a. 3. Find RTB that Triad Management Services, Inc. and Carolyn Malenick violated 2 U.S.C. 441b. 4. Find RTB that Robert Cone violated 2 U.S.C. 441a(a)(1)(c) and 441a(a)(3). 5. Find RTB that Citizens for Reform violated 2 U.S.C. 433 and 434. 6. Find RTB that Citizens for Reform violated 2 U.S.C. 441a(a)(1). 7. Find RTB that Citizens for Reform violated 2 U.S.C. 441b. 8. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 433 and 434. 9. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(a)(1). 10. Find RTB that Citizens for the Republic Education Fund violated 2 U.S.C. 441b. 11. Find RTB that Triad Management Services, Inc. and Carolyn Malenick violated 2 U.S.C. 441f. 12. Find RTB that Robert Riley, Jr. violated 2 U.S.C. 441f. 13. Find RTB that Robert Riley, Jr., violated 2 U.S.C. 441a(a)(1). 14. Find RTB that John and Ruth Stauffer violated 2 U.S.C. 441f. 15. Find RTB that John and Ruth Stauffer violated 2 U.S.C. 441a(a)(1). 16. Find RTB that American Free Enterprise PAC and David Bauer, as treasurer, violated 2 U.S.C. 434 and 441f. 17. Find RTB that Citizens Allied for Free Enterprise and Dianne Knight, as treasurer, violated 2 U.S.C. 434 and 441f. 18. Find RTB that Conservative Campaign Fund and Peter Flaherty, as treasurer, violated 2 U.S.C. 434 and 441f. Federal Election Commission Page 5 Certification: MURS 4568, 4633, and 4634 June 2, 1998 29. Find RTB that Bob Riley for Congress and Anthony Humphries, as treasurer, violated 2 U.S.C. 434 and 441a(f). 30. Find RTB that Bob Riley for Congress and Anthony Humphries, as treasurer, violated 2 U.S.C. 441b. 31. Find RTB that the Rick Hill for Congress Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434 and 441a(f). 32. Find RTB that the Rick Hill for Congress Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 441b. 33. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441f. 34. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441a(f). 35. Find RTB that The Honorable Sam Brownback violated 2 U.S.C. 441b. 36. Find RTB that Sam Brownback for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 434 and 441f. 37. Find RTB that Sam Brownback for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 434 and 441a(f). 38. Find RTB that Sam Brownback for US Senate and Alan Groesbeck, as treasurer, violated 2 U.S.C. 441b. 39. Approve the appropriate factual and legal analyses as recommended in the GC May 20, 1998 report. 40. Approve the appropriate letters as recommended in the GC May 20, 1998 report. 41. Approve the Subpoenas for the Production of Documents and Orders to Submit Written Answers: a) Triad Management Services, Inc.; b) Citizens for Reform; c) Citizens for the Republic Education Fund; d) Form Subpoenas for Campaign Committees; e) Form Subpoena for Individual Contributors; f) Form Subpoena for Conduit PACs as recommended in the GC May 20, 1998 report. 42. Grant OGC contingent authority to file suit to enforce the proposed Subpoenas for the Production of Documents and Orders to Submit Written Answers against any respondent or witness who fails to comply with them.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation: Probable Cause | Cone, Robert L. | ||
| Riley, Robert R., Jr. | |||
| Bob Riley For Congress | |||
| Goodgame, Hughel | |||
| Stauffer, Jr., John H. , Esq. | |||
| Stauffer, Ruth | |||
| Conciliation: Pre Probable Cause | Madison Project Inc. | ||
| Teepell, Timothy | |||
| Probable Cause to Believe Finding/No Further Action | Groesbeck, Alan W. | ||
| Sam Brownback for US Senate | |||
| Probable Cause to Believe Finding | Triad Management Services, Inc. | ||
| Reason to Believe Finding | Triad Management Services, Inc. | ||
| Reason to Believe Finding/No Further Action | Citizens For The Republic Education Fund | ||
| Citizens For Reform | |||
| Bauer, David | |||
| Citizens Allied For Free Enterprise | |||
| Conservative Campaign Fund (Fka Honest Elections PAC) | |||
| Flaherty, Peter T. | |||
| Citizens United Political Victory Fund | |||
| Allen, Kevin | |||
| Conservative Victory Committee | |||
| Noren, Leif E. | |||
| Eagle Forum PAC | |||
| Pendleton, Keri | |||
| Faith, Family & Freedom PAC | |||
| Anderson, Devin D. | |||
| SIXTY VOTES COALITION (aka) | |||
| Gaul, Margaret | |||
| Knight, Diane | |||
| American Free Enterprise PAC | |||
| Demaree, Gary F. | |||
| Rick Hill for Congress Committee | |||
| Brownback, Samuel D. | |||
| Riley, Bob |
Documents
Participants
| Relationship | Name |
|---|---|
| Primary respondent | Triad Management Services, Inc. |
| Previous respondent | Allen, Kevin |
| American Free Enterprise PAC | |
| Anderson, Devin D. | |
| Bauer, David | |
| Bob Riley For Congress | |
| Brownback, Samuel D. | |
| Citizens Allied For Free Enterprise | |
| Citizens For Reform | |
| Citizens For The Republic Education Fund | |
| Citizens United Political Victory Fund | |
| Cone, Robert L. | |
| Conservative Campaign Fund (Fka Honest Elections PAC) | |
| Conservative Victory Committee | |
| Demaree, Gary F. | |
| Eagle Forum PAC | |
| Faith, Family & Freedom PAC | |
| Flaherty, Peter T. | |
| Gaul, Margaret | |
| Goodgame, Hughel | |
| Groesbeck, Alan W. | |
| Hill, Richard Allan | |
| Humphries, Anthony | |
| Knight, Diane | |
| Madison Project Inc. | |
| Malenick, Carolyn | |
| Noren, Leif E. | |
| Pearson, David E. | |
| Pendleton, Keri | |
| Rick Hill for Congress Committee | |
| Riley, Bob | |
| Riley, Robert R., Jr. | |
| Russell, Mark B. | |
| SIXTY VOTES COALITION (aka) | |
| Sam Brownback for US Senate | |
| Stauffer, Jr., John H. , Esq. | |
| Stauffer, Ruth | |
| Swanson, Rosemary | |
| Teepell, Timothy | |
| Complainant | Burger, Micheline Z. |
| Respondent's counsel | Baker & Hostetler, LLP |
| Bell, Charles H. | |
| Bell, McAndrews & Hiltachk, LLP | |
| Braden, E. Mark, Esq. | |
| Dahl, Robert Alan, Esq. | |
| Ginsberg, Benjamin L., Esq. | |
| Harrison, Marion Edwyn, Esq. | |
| Herge, J. Curtis, Esq. | |
| Kay, Terence , Esq. | |
| Laham, Carol A. | |
| Nielsen, Chip, Esq. | |
| Nielsen, Merksamer, Parrinello, Gross & Leoni LLP | |
| Olson, William J., Esq. | |
| Schlafly, John F., Esq. | |
| Sparks & Christopher, LLP (fka Herge, Sparks & Christopher) | |
| Squire Patton Boggs LLP | |
| Sullivan & Mitchell, PLLC | |
| Sullivan, Paul E., Esq. | |
| Sullivan, Ted F., Esq. | |
| Wiley Rein LLP (1) |