MUR #5408

RESPONDENTS: REV AL SHARPTON PRESIDENTIAL EXPLORATORY CMTE.; Hawkins, La-Van; Hawkins, Wendy; National Action Network; Rivera, Andrew A.; SHARPTON, ALFRED C.; Stone, Roger J. , Jr.

COMPLAINANTS: National Legal and Policy Center; Boehm, Kenneth F.

SUBJECT: Contributions-Prohibited; Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 5408: 1. Accept the conciliation agreement with Rev. Alfred C. Sharpton, Sharpton 2004 and Andrew Rivera, in his official capacity as Treasurer, as recommended in the General Counsel?s Memorandum dated March 23, 2009. 2. Accept the conciliation agreement with National Action Network and Rev. Alfred C. Sharpton, as President, as recommended in the General Counsel?s Memorandum dated March 23, 2009. 3. Approve the appropriate letters. 4. Close the file.
The Commission decided by a vote of 6-0, on an amended pre-meeting tally, to take the following actions in the above-captioned matter: 1. Open a MUR for AR 08-04 and merge that matter into MUR 5408. 2. Enter into conciliation prior to a finding of probable cause to believe with Alfred C. Sharpton, Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer. 3. Enter into conciliation prior to a finding of probable cause to believe with the National Action Network, Inc. and Alfred C. Sharpton, as President. 4. Take no further action with respect to LaVan and Wendy Hawkins. 5. Take no further action with respect to the Hawkins Food Group. 6. Take no further action with respect to Roger Stone. 7. Approve the conciliation agreements, as recommended in the General Counsel?s Reports dated June 30, 2008. 8. Approve the appropriate letters.
The Commission decided by a vote of 5-1 to take the following actions in MUR 5408: 1. Find reason to believe that National Action Network, Inc., and Alfred C. Sharpton, as an officer of National Action Network, Inc., violated 2 U.S.C. § 441b by making impermissible corporate contributions to Sharpton 2004. 2. Find reason to believe that Alfred C. Sharpton, Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer, violated 2 U.S.C. § 441b by accepting corporate in-kind contributions from National Action Network, Inc. 3. Find reason to believe that Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer, violated 2 U.S.C. § 434(b). 4. Find reason to believe that Roger Stone, LaVan Hawkins and Wendy Hawkins violated 2 U.S.C. § 441a(a)(1)(A) by making excessive in-kind contributions to Sharpton 2004. 5. Find reason to believe that Alfred C. Sharpton, Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer, violated 2 U.S.C. § 441a(f) by accepting excessive contributions from Roger Stone, LaVan Hawkins and Wendy Hawkins. 6. Take no action at this time with respect to the allegation that Alfred C. Sharpton, Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer, violated the Act or its corresponding regulations by accepting the free use of automobiles from a car dealership. 7. Find reason to believe that Sharpton 2004 and Andrew A. Rivera, in his official capacity as treasurer, knowingly and willfully violated 2 U.S.C. § 434(b)(4)(A) by submitting disclosure reports with inaccurate expenditure information. 8.Approve the Factual and Legal Analyses, as recommended in the General Counsel?s Report dated April 20, 2005. 9.Approve the use of compulsory process in this matter, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary. 10. Approve the appropriate letters.