MUR #4947

RESPONDENTS: Kemp for Vice President; Clinkenbeard, Kirk L.

COMPLAINANT: Audit Division

SUBJECT: Contributions-Excessive

DISPOSITION: Decided by vote 6-0 to: (1) Accept the counteroffer made by Kemp for Vice President and Kirk L. Clinkenbeard, as treasurer and approve the Conciliation Agreement, as recommended in the General Counsel Report #3 dated June 1, 2001. (2) Close the file. (3) Approve the appropriate letter, as recommended in the General Counsel Report #3 dated June 1, 2001.
Decided by vote 6-0 on an amended pre-meeting tally, to take the following actions with respect to MUR 4947: (1) Find PCTB that Kemp for Vice President and Kirk L. Clinkenbeard, as treasurer, violated 2 U.S.C. 441a and 11 CFR 110.1(b)(3)(i). (2) Approve the conciliation agreement and appropriate letter, as recommended in the General Counsel Report dated February 9, 2001
Decided by vote 5-0 to 1. Open a Matter Under Review. 2. Find RTB that Kemp for Vice President and Kirk L. Clinkenbeard, as treasurer, violated 2 U.S.C. 441a and 11 CFR 110.1(b)(3)(i). 3. Enter into conciliation with Kemp for Vice President and Kirk L. Clinkenbeard, as treasurer, prior to a finding of PCTB. 4. Approve the conciliation agreement, as recommended in the GC Report dated October 29, 1999, with the following revisions: a) Modify finding of 2 U.S.C. 441a(f) to 2 U.S.C. 441a; b) Modify Paragraph V with the appropriate revisions to reflect the modified finding from 2 U.S.C. 441a(f) to 2 U.S.C. 441a; c) Modify Paragraph VI to reflect a civil penalty of $40,000. 5. Approve the Factual and Legal Analysis, as recommended in the GC Report dated October 29, 1999, with the appropriate revisions to reflect the modified finding from 2 U.S.C. 441a(f) to 2 U.S.C. 441a. 6. Approve the appropriate letters.