MUR #4642

RESPONDENTS: DNC Services Corporation/Democratic National Committee; Tobias , Andrew

COMPLAINANT: Republican National Committee (RNC)

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

DISPOSITION: 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: (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 5-1 to: Find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) and 441f in connection with its failure to timely disgorge a $20,000 contribution from Subandi Tanuwidjaja.
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 Reject the recommendation of OGC to find PCTB that the DNC Services Corporation/Democratic National Committee and its treasurer violated 2 U.S.C. 441e(a) in connection with receiving a $100,000 contribution from Global Resource Management, Inc., as set forth on pages 135-138 of the General Counsel's brief dated January 22, 2001.
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 receipt of $150,000 in impermissible contributions from Jessica Elnitiarta and Panda Estates Investment, Inc., as set forth on pages 108-114 of the General Counsel's brief dated January 22, 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 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.
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.
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.