MUR #4843

RESPONDENTS: Friends of Maurice Hinchey; Ansaldo North America; Besicorp Group; Koenig, Frank; Zinn, Michael

COMPLAINANTS: Hicks, John S.; Orange County Republican Committee

SUBJECT: Contributions-In the name of another; Contributions-Corporations

DISPOSITION: Decided by vote 6-0 to: (1) Accept the signed Conciliation Agreement of Friends of Maurice Hinchey and Frank Koenig, as treasurer, as recommended in the General Counsel Report dated December 22, 2000. (2) Approve the appropriate letters, as recommended in the General Counsel Report dated December 22, 2000. (3) Close the file.
Decided by vote 5-0 to 1. Find RTB that Ansaldo North America, Inc., knowingly and willfully violated 2 U.S.C. 441b and 441f, but take no further action with regard to this respondent and send a letter of admonishment. 2. Find RTB that Besicorp Group, Inc., knowingly and willfully violated 2 U.S.C. 441b and 441f, but take no further action with regard to this respondent and send a letter of admonishment. 3. Find RTB that Michael Zinn knowingly and willfully violated 2 U.S.C. 441b and 441f, but take no further action with regard to this respondent and send a letter of admonishment. 4. Find RTB that the Friends of Maurice Hinchey Committee and Frank Koenig, as treasurer, violated 2 U.S.C. 441b and 441f, and 11 CFR 103.3(b), and enter into conciliation. 5. Find RTB that Besicorp Group Inc., and Michael Zinn, as CEO, violated 2 U.S.C. 441b by making corporate in-kind contributions to the Friends of Maurice Hinchey, but take no further action with regard to these respondents and send a letter of admonishment. 6. Enter into conciliation with the Friends of Maurice Hinchey Committee and Frank Koenig, as treasurer. 7. Approve the appropriate Factual and Legal Analysis and letters, as recommended in the GC Report dated December 17, 1999. 8. Approve the conciliation agreement, as recommended in the GC Report dated December 17, 1999, with an amended civil penalty of Twenty Thousand Dollars ($20,000).
Decided by vote 5-0 to 1) Refer the matter back to the GC Office for further analysis in recommendations regarding the late refund of contributions. 2) Direct the GC Office to revise Recommendation Number 4 in the GC Report dated November 8, 1999, by deleting the knowing and willful aspect of the finding.