MUR #4788

RESPONDENTS: Democratic State Central Committee of California - Federal; California Democratic Party; Democratic State Central Committee of California - Non-Federal; Friends of Lois Capps; Moret, Katherine; Powdrell, David

COMPLAINANTS: Victory 2004 / California Republican Party; Schroeder, Michael J.

SUBJECT: Contributions-Excessive; Contributions-Prohibited; Expenditures-Coordinated; Reporting; Non-federal; Disclaimer

DISPOSITION: Decided by vote 5-0 to 1. Reject the counter-offer from the California Democratic Party; the Democratic State Central Committee of California - Federal and Katherine Moret, as treasurer; and the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer. 2. Authorize OGC to file a civil suit for relief in United States District Court against the California Democratic Party; the Democratic State Central Committee of California - Federal and Katherine Moret, as treasurer; and the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer. 3. Approve the appropriate letter.
Decided by vote 4-2 to 1. Find PCTB that the California Democratic Party and the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 441b, 441d(a), and 11 CFR 102.5(a)(1)(i). 2. Find PCTB that the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 434(b). 3. Find PCTB that the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 441b and 11 CFR 102.5(a)(1)(i). 4. Approve the conciliation agreement, as recommended in the GC Report dated October 9, 2002; subject to a revised civil penalty of $25,000. 5. Approve the appropriate letter.
Decided by vote 5-1 on a pre-meeting tally, to take the following actions with respect to MUR 4788: (1) Take no further action and close the file as to the Friends of Lois Capps and David Powdrell, as treasurer. (2) Take no further action as to the California Democratic Party and the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, regarding 2 U.S.C. 441a(a)(2)(A) and 441a(d). (3) Approve the appropriate letters, as recommended in the General Counsel Report dated January 17, 2002.
Decided by vote 5-0 to (1) Deny the request by the Friends of Lois Capps and David Powdrell, as treasurer, to dismiss it from this matter. (2) Authorize OGC to file a civil suit for subpoena enforcement against the California Democratic Party. (3) Approve the appropriate letters.
Decided by vote 6-0 to: (1) Approve Subpoenas for documents and Orders for written answers to the California Democratic Party, the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer; the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer; and the Friends of Lois Capps and David Powdrell, as treasurer. (2) Approve the proposed Factual and Legal Analysis ....................REDACTED....................(3) Approve the appropriate letters.
Decided by vote 6-0 to: (1) Reject the request from the California Democratic Party, the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, and the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer, to take no further action on the Complaint. (2) Reject the request from the Friends of Lois Capps and David Powdrell, as treasurer, to dismiss the Complaint. (3) Find RTB that the California Democratic Party and the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 441b, 441a(a)(2)(A), 441d(a), 441a(d), and 11 CFR 102.5(a)(1)(i). (4) Find RTB that the Democratic State Central Committee of California-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 434(b). (5) Find RTB that the Democratic State Central Committee of California - Non-Federal and Katherine Moret, as treasurer, violated 2 U.S.C. 441b and 11 CFR 102.5(a)(1)(i).
Decided by vote 4-2 to Find RTB that the Friends of Lois Capps and David Powdrell, as treasurer, violated 2 U.S.C. 441a(f) and 434(b).
Decided by vote 6-0 to Take no action at this time regarding a violation of 2 U.S.C. 441b, by the Friends of Lois Capps and David Powdrell, as treasurer