MUR #5365

RESPONDENTS: Club for Growth, Inc.; Club for Growth, Inc PAC, The; Toomey, Pat

COMPLAINANT: Democratic Senatorial Campaign Committee

SUBJECT: Committees-Political

DISPOSITION: The Commission decided by a vote of 4-0 to take the following actions in the Proposed Settlement in FEC v. Club for Growth, Inc. 1. Accept the proposed Stipulation for Entry of Consent Judgment and Consent Judgment in settlement of this case. 2. Authorize this Office to sign the proposed Stipulation for Entry of Consent Judgment and file it and the proposed Consent Judgment with the court. 3. Close the MUR file and send the appropriate letter.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5365: 1. Find probable cause to believe that Club for Growth, Inc. violated 2 U.S.C. §§ 433 and 434 by failing to register as a political committee with the Commission and report its contributions and expenditures. 2. Find probable cause to believe that Club for Growth, Inc. violated 2 U.S.C. § 441a(f) by knowingly accepting contributions in excess of $5,000 and 2 U.S.C. § 441b(a) by knowingly accepting corporate contributions. 3. In the alternative to recommendations 1 and 2, find probable cause to believe that Club for Growth, Inc. violated 2 U.S.C. § 441b and 11 CFR § 114.2(a) by making prohibited corporate expenditures. 4.Take no further action and close the file as to Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as Treasurer. 5. .......... REDACATED .......... 6. Approve contingent suit authority.
The Commission decided by a vote of 5-1 to include Pat Toomey, in his official capacity as Treasurer, in all reason to believe findings made against Club for Growth, Inc. PAC, consistent with the Commission's standard practice for treasurers of political committees.
The Commission decided by a vote of 4-2 to take the following actions in MUR 5365: 1.Find no reason to believe that Club for Growth, Inc. violated 2 U.S.C. § 441b(a) by airing electioneering communications. 2.Find reason to believe that Club for Growth, Inc. violated 2 U.S.C. §§ 433 and 434 by failing to register as a political committee with the Commission and report its contributions and expenditures. 3.Find reason to believe that Club for Growth, Inc. and Club for Growth, Inc. PAC violated 2 U.S.C. § 441a(f) by knowingly accepting contributions in excess of $5000 and 2 U.S.C. § 441b(a) by knowingly accepting corporate contributions.4.Find reason to believe that Club for Growth, Inc. violated 2 U.S.C. §§ 441a(f), 441b(a), and 11 CFR §§ 102.5, 104.10, 106.1, and 106.6 by failing to attribute and report expenses between multiple federal candidates, by failing to allocate and report shared administrative and fundraising activities, and by using prohibited funds to pay for the federal share of those expenses, which may have resulted in prohibited and excessive contributions. 5. Find reason to believe that Club for Growth, Inc. PAC violated 2 U.S.C. §§ 441a(f), 441b, and 11 CFR §§ 102.5, 104.10, 106.1, and 106.6 by failing to attribute and report expenses between multiple federal candidates, and by failing to allocate and report shared administrative and fundraising activities, which may have resulted in prohibited and excessive contributions. 6.Find reason to believe that Club for Growth, Inc. violated 2 U.S.C. § 441b and 11 CFR § 114.2(a) by making prohibited corporate expenditures. 7.Approve the Factual and Legal Analysis, as recommended in the General Counsel?s Memorandum dated May 13, 2004. 8. .......... REDACTED .......... 9.Approve the appropriate letter.