MUR #4736

RESPONDENTS: Triad Management Services, Inc.; Allen, Kevin; American Free Enterprise PAC; Anderson, Devin D.; Babin, Brian; Bauer, David; Bob Riley For Congress; Brian Babin For Congress; Brownback, Samuel D.; Citizens Allied For Free Enterprise; Citizens For Reform; Citizens For The Republic Education Fund; Citizens United Political Victory Fund; Cloeren, Patricia; Cloeren, Peter F.; 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.; Free Congress PAC (Formerly: Cmte for the Survival of a Free Congress); Freeman, Thomas E.; Gaul, Margaret; Goodgame, Hughel; Groesbeck, Alan W.; Knight, Diane; Larson, Jeff; Madison Project Inc. Fund, The; Malenick, Carolyn; Moore, Robert "Bob"; Noren, Leif E.; O'Rourke Rita, Meredith M.; Pendleton, Keri; Rick Hill for Congress Committee; Riley, Bob; Riley, Robert R., Jr.; Rodriguez, Carlos R.; Sam Brownback for US Senate; Stauffer, Jr., John H. , Esq.; Stauffer, Ruth; Teepell, Timothy

COMPLAINANT:

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 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.
Failed in vote 3-2 to: (1) Find probable cause to believe 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 probable cause to believe that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(f) and 441b, and 11 CFR 102.5. (4) Find probable cause to believe that Citizens for Reform violated 2 U.S.C. 441a(f) and 441b, and 11 CFR 102.5. (5) Find probable cause to believe that Citizens for the Republic Education Fund violated 2 U.S.C. 441a(a)(1). (6) Find probable cause to believe that Citizens for Reform violated 2 U.S.C. 441a(a)(1). (7) Find probable cause to believe that Citizens for the Republic Education Fund and Carolyn Malenick, as corporate officer, violated 2 U.S.C. 441b. (8) Find probable cause to believe 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 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.
Decided by vote 5-0 to: 1. Find probable cause to believe that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 433 and 434. 2. Find probable cause to believe that Triad Management Services, Inc., violated 2 U.S.C. 433 and 434. 3. Find probable cause to believe that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 434(c). 4. Find probable cause to believe that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 441a(a)(1). 5. Find probable cause to believe that Triad Management Services, Inc., violated 2 U.S.C. 441a(a)(1).
Decided by vote 5-0 to: Approve the appropriate letters.
Decided by vote 4-1 to direct OGC to: 1. .......... REDACTED .......... 2. .......... REDACTED .......... 3. Circulate for Commission approval.
Failed in vote 3-2 to direct OGC to: 1. .......... REDACTED .......... 2. .......... REDACTED .......... 3. Circulate for Commission approval.
Decided by vote 5-0 to: 1. Find probable cause to believe 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 probable cause to believe that Carolyn Malenick d/b/a Triad Management Services violated 2 U.S.C. 441a(a)(8). 2. Find probable cause to believe that Triad Management Services, Inc., violated 2 U.S.C. 441a(a)(8).
Decided by vote 5-0 to: Find probable cause to believe that Triad Management Services, Inc., violated 2 U.S.C. 441b and 11 CFR 102.5.
Decided by vote 4-1 to: Find probable cause to believe that Triad Management Services, Inc., violated 2 U.S.C. 441a(f).
Decided by vote 4-1 to: Find probable cause to believe 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: (1) Accept the proposed conciliation agreement with Robert Cone, as recommended in the General Counsel's Report dated February 28, 2002. (2) Approve the appropriate letter, as recommended in the General Counsel's Report dated February 28, 2002.
Decided by vote 6-0 to: (1) Accept the .......... REDACTED .......... agreement submitted by Brian Babin and Brian Babin for Congress and Thomas E. Freeman, as treasurer, as recommended in the General Counsel's Report dated November 5, 2001. (2) Close the file with respect to Brian Babin and Brian Babin for Congress and Thomas E. Freeman, as treasurer, as recommended in the General Counsel's Report dated November 5, 2001. (3) Approve the appropriate letter, as recommended in the General Counsel's Report dated November 5, 2001.
Decided by vote 5-1 to approve the appropriate conciliation agreement which would incorporate the alternative findings as discussed at the table.
Failed in vote 3-3 to pass a motion to: (a) Find probable cause to believe that the Rick Hill Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434(b) and 441a(f); (b) Find probable cause to believe that the Rick Hill Committee and Gary F. Demaree, as treasurer, violated 2 U.S.C. 434(b) and 441b, in the alternative; (c) .......... REDACTED .......... (d) Approve the appropriate letter.
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.
Decided by vote 6-0 to find probable cause to believe that Brian Babin violated 2 U.S.C. 441a(f), and that Brian Babin for Congress and Thomas E. Freeman, as treasurer, violated 2 U.S.C. 434, 441a(a)(8) and 441a(f) as it relates to the CUPVF transaction.
Decided by vote 5-1 to: (a) Find probable cause to believe that Brian Babin violated 2 U.S.C. 441a(f) and that Brian Babin for Congress and Thomas E. Freeman, as treasurer, violated 2 U.S.C. 441a(f); and, as an alternative, (b) Find probable cause to believe that Brian Babin violated 2 U.S.C. 441b, and that Brian Babin for Congress and Thomas E. Freeman, as treasurer, violated 2 U.S.C. 434 and 441b, as it relates to the CR transaction.
Decided by vote 6-0 to: (a) Take no further action as to Peter Cloeren and Patricia Cloeren and send them a letter of admonishment that also asks that they waive their right to any refund of excessive contributions, and instruct Brian Babin for Congress to disgorge these monies to the U.S. Treasury. (b) Take no further action as to Citizens United Political Victory Fund and Kevin Allen, as treasurer, and close the file as to them. (c) Approve the appropriate letters.
Failed in vote 2-3 to Approve the conciliation agreement, as recommended in the General Counsel's Report dated August 14, 2001.
Decided by vote 5-0 to Approve the appropriate letter, as recommended in the General Counsel's Report dated August 14, 2001.
Decided by vote 4-1 to: .......... REDACTED .......... (3) .......... REDACTED ..........
Decided by vote 4-1 to: (1) Find probable cause to believe that Robert Cone violated 2 U.S.C. 441a(a)(1). (2) Find probable cause to believe that Robert Cone violated 2 U.S.C. 441a(a)(3).
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's Report dated July 16, 2001. (2) Approve the appropriate letter, as recommended in the General Counsel's 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 General Counsel's 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 General Counsel's 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's Report dated June 14, 2001.
Decided by vote 5-1 to: (1) Find probable cause to believe that John and Ruth Stauffer violated 2 U.S.C. 441a(a)(1). (2) Find probable cause to believe 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 to: (1) ......... REDACTED .......... (20 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's 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 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) .......... REDACTED .......... (3) Approve the Factual and Legal Analysis, as recommended in the General Counsel Report dated May 9, 2001. (4) .......... REDACTED .......... (5) Approve the appropriate letter.
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) .......... REDACTED .......... (5) Authorize contingent suit authority. (6) Approve the appropriate letters.
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.