MUR #5440

RESPONDENTS: Media Fund, The; Abraham, S. Daniel; America Coming Together (527); America Votes, Inc.; Bartley, Anne; Bell South Corporation; Bing, Steve; Boyd, Wesley (Wes"); Brainerd, Paul; Brotman, Jeffrey H.; Browner, Carol; Burnett, Nancy; Carsey, Marcey; Chavez-Thompson, Linda; Christensen, Aimee; DNC Services Corporation/Democratic National Committee; David, Laurie; Earhart, Anne G.; Enright, Janice Ann; Environment2004 Inc PAC; Environment2004, Inc. (FKA Environment2004 (527); Eychaner, Fred; Farmer, Robert A.; Foos, Shari; Glaser, Robert; Goldfein, Morton; Gonzalez-McIntosh, Barbara; Grossman, Andrew; Ickes, Harold M.; John Kerry For President, Inc.; Joint Victory Campaign 2004; Jordan, Jim; Kerry, John; Kerry, Teresa Heinz; League of Conservation Voters Action Fund; League of Conservation Voters, Inc.; Lewis, Peter B.; Malcolm , Ellen R.; McKay, Rob; Meehan, Michael; Moore, Minyon; MoveOn PAC; MoveOn.Org Voter Fund; MoveOn.org; Moving America Forward, Inc.; NDN PAC; Orr, Susan P.; Packard, Julie; Partnership for America's Families; Pope, Carl; Price, Sol; Pritzker, Linda; Richards, Cecile; Richardson, Bill; Rosenberg, Simon; Rosenthal, Steve; Roush, G. James; Sierra Club (501(c)(4) entity); Sierra Club (527 entity); Sinegal, James D.; Soros, George; Sustainable World Corporation; Tishman, John L.; Tobias , Andrew; Varis, Agnes; Victory Campaign 2004; Voices for Working Families

COMPLAINANTS: Bush-Cheney '04, Inc.; Republican National Committee (RNC)

SUBJECT: Contributions-Prohibited; Contributions-Excessive; Other; Reporting

DISPOSITION: The Commission decided by a vote of 4-5 to take the following actions in MURs 5755 and 5440: 1. Approve the revised Factual and Legal Analysis, as recommended in the General Counsel?s Memorandum dated November 15, 2007. 2. Close the file in MUR 5440.
The Commission decided by a vote of 4-0 to take the following actions in MURs 5755 and 5440: 1. In MUR 5755, take no further action with respect to NDN Political Fund, formerly known as New Democrat Network and New Democrat Network - Non-Federal Account; New Democrat Network - PAC; New Democrat Network, the inactive Federal Account registered as Committee ID C00319772; and Simon Rosenberg, in his official capacity as treasurer of both committees and close the file. 2. In MUR 5440, find no reason to believe that New Democrat Network and Simon Rosenberg, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(a)(l) by making and failing to report excessive contributions in the form of coordinated communications to John Kerry for President, Inc. and Robert Farmer, in his official capacity as treasurer. 3. In MUR 5440, find no reason to believe that New Democrat Network and Simon Rosenberg, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(a)(l) by making and failing to report excessive contributions in the form of coordinated communications to DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. 4. In MUR 5440, find no reason to believe that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(f) by knowingly accepting and failing to report excessive contributions in the form of coordinated communications from New Democrat Network and Simon Rosenberg, in his official capacity as treasurer. 5. In MUR 5440, close to file as to New Democrat Network and Simon Rosenberg, in his official capacity as treasurer. 6. In MUR 5440, approve the Factual and Legal Analysis for the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, as recommended in the General Counsel's Report dated October 15, 2007. 7. In MURs 5755 and 5440, instruct the Office of General Counsel to draft a revised Factual and Legal Analysis as to the New Democrat Network and circulate for Commission approval on a tally vote basis. 8. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to take the following actions in MUR 5440: 1. Accept the conciliation agreement with The Media Fund. 2. Take no further action with respect to the Joint Victory Campaign 2004 and Janice Enright, in her official capacity as treasurer. 3. Dismiss the following individuals associated with The Media Fund: S. Daniel Abraham, Steven Bing, Paul Brainerd, Jeffrey Brotman, Nancy Burnett, Marcey Carsey, Laurie David, Anne G. Earhart, Fred Eychaner, Shari Foos, Harold Ickes, Peter Lewis, Susan Orr, Julie Packard, Linda Pritzker, G. James Roush, James D. Sinegal, George Soros, Sustainable World Corporation, John L. Tishman, and Agnes Varis. 4. Dismiss the following respondents associated solely with allegations of coordinated expenditures: John Kerry, Theresa Heinz Kerry, Jim Jordan, and Minyon Moore. 5. Dismiss America Votes, Moving America Forward, Partnership for America's Families, Sierra Club (501(c)(4), Sierra Club (527), Victory Campaign 2004, and Voices for Working Families. 6. Dismiss Anne Bartley, Bell South Corporation, Carol Browner, Linda Chavez-Thompson, Robert Glaser, Morton Goldfein, Andrew Grossmann, Ellen Malcolm, Rob McKay, Michael Meehan, Sol Price, Cecile Richards, Bill Richardson, and Steve Rosenthal. 7. Approve the appropriate letters. 8. Close the file as to the above-named respondents.
The Commission decided by a vote of 4-0 a) Find probable cause to believe that The Media Fund 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. (b) Find probable cause to believe that The Media Fund 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.(c) ......... REDACTED .......... (d) Take no further action with respect to allegations that The Media Fund made coordinated expenditures, resulting in excessive in-kind contributions to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, and/or John Kerry for President, Inc. (e) Take no further action with respect to allegations that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, knowingly accepted excessive in-kind contributions in the form of coordinated expenditures. (f) Close the file with respect to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. (g) Find no reason to believe that John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer, violated the Act with respect to allegations that the Kerry Committee received excessive in-kind contributions from The Media Fund via coordinated expenditures. (h) Close the file with respect to John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer. (i) Approve the appropriate letters.
The Commission failed by a vote of 3 -1 to a) Find probable cause to believe that The Media Fund 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. (b) Find probable cause to believe that The Media Fund 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. (c) ..........REDACTED .......... (d) Take no further action with respect to allegations that The Media Fund made coordinated expenditures, resulting in excessive in-kind contributions to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, and/or John Kerry for President, Inc. (e) Take no further action with respect to allegations that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, knowingly accepted excessive in-kind contributions in the form of coordinated expenditures. (f) Close the file with respect to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. (g) Find no reason to believe that John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer, violated the Act with respect to allegations that the Kerry Committee received excessive in-kind contributions from The Media Fund via coordinated expenditures. (h) Close the file with respect to John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer. (i) Approve the appropriate letters.
The Commission 1. Failed by a vote of 3 -1 (a) Find probable cause to believe that The Media Fund 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. (b) Find probable cause to believe that The Media Fund 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. (c) .......... REDACTED .......... (d) Take no further action with respect to allegations that The Media Fund made coordinated expenditures, resulting in excessive in-kind contributions to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, and/or John Kerry for President, Inc. (e) Take no further action with respect to allegations that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, knowingly accepted excessive in-kind contributions in the form of coordinated expenditures. (f) Close the file with respect to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. (g) Find no reason to believe that John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer, violated the Act with respect to allegations that the Kerry Committee received excessive in-kind contributions from The Media Fund via coordinated expenditures. (h) Close the file with respect to John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer. (i) Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MURs 5403, 5440, 5427 and 5466:In MUR 5403: 1. Sever the Leadership Forum and open a new MUR. 2. Sever The Media Fund and move this respondent to MUR 5440.In MUR 5440: 3. Sever ACT and Charles Pope, as Treasurer, and move these respondents to MUR 5403.4. Sever Environment 2004 (527) and Environment 2004 PAC and Aimee Christensen, as Treasurer, and open a new MUR. 5. Sever League of Conservation Voters 527; League of Conservation Voters Action Fund and Barbara Gonzalez-McIntosh, as Treasurer, and open a new MUR. 6. Sever MoveOn PAC and Wesley Boyd, as Treasurer, and MoveOn.org Voter Fund; and open a new MUR. 7. Sever New Democrat Network - PAC (C00385401) and Simon Rosenberg, as Treasurer; New Democrat Network-Non Federal Account (NDN Political Fund); and New Democrat Network (inactive federal account (C00319772); and open a new MUR.In MUR 5427: 8. Close the file.
The Commission decided by a vote of 5-0 to take the following actions in MURs 5403, 5427, 5440 and 5466: 1. Find reason to believe that The Media Fund violated 2 U.S.C.§§441a and 434 by making, and failing to report, excessive contributions, in the form of coordinated expenditures, to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, as Treasurer. 2. Find reason to believe that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, as Treasurer, violated 2 U.S.C. .§§441a(f) and 434 by accepting, and failing to report, excessive in-kind contributions from the Media Fund. 3.Take no action at this time with respect to whether the DNC Services Corporation /Democratic National Committee and Andrew Tobias, as Treasurer, violated 2 U.S.C. §§441a(f) and 434 by accepting, and failing to report, excessive in-kind contributions from America Coming Together, or whether America Coming Together violated 2 U.S.C. §§441a and 434 by making, and failing to report, excessive contributions, in the form of coordinated expenditures, to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, as Treasurer. 4.Take no action at this time with respect to whether the DNC Service Corporation/Democratic National Committee and Andrew Tobias, as Treasurer, violated 2 U.S.C. §§441a(f) and 434 by accepting, and failing to report, excessive in-kind contributions from the New Democrat Network, or whether the New Democrat Network violated 2 U.S.C. §§441a and 434 by making, and failing to report, excessive contributions, in the form of coordinated expenditures, to the DNC Services Corporation/Democratic National Committee and Andrew Tobias, as Treasurer. 5.Take no action at this time with regard to John Kerry for President Inc. and Robert Farmer, as Treasurer. 6.Find no reason to believe that America Votes, Moving America Forward, and Voices for Working Families violated 2 U.S.C. §441a(f) by making excessive in-kind contributions, in the form of coordinated expenditures, to John Kerry for President, Inc. or the DNC Services Corporation/Democratic National Committee. 7.Approve the appropriate factual and legal analyses, as recommended in the General Counsel's Report #3, dated December 7, 2004. 8. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to: (1) Find reason to believe that America Coming Together and Carl Pope, as Treasurer, violated 2 U.S.C. §§ 441a and 434 by making, and failing to report, excessive contributions, in the form of coordinated expenditures, to John Kerry for President, Inc. (2) Find reason to believe that The Media Fund violated 2 U.S.C. §§ 441a and 434 by making, and failing to report, excessive contributions, in the form of coordinated expenditures, to John Kerry for President, Inc. (3) Approve the appropriate factual and legal analyses, as recommended in the General Counsel's Report #2 dated September 13, 2004. (4) Approve the appropriate letters, as recommended in the General Counsel's Report #2 dated September 13, 2004.
The Commission decided by a vote of 5-0, in MUR 5440, to: (a) ..........REDACTED .......... (b) Approve the appropriate letters.
The Commission decided by a vote of 4-1, in MUR 5440, to: (a) Find reason to believe that America Coming Together and Carl Pope, as Treasurer, violated 2 U.S.C. §§ 434, 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. (b) Approve the appropriate factual and legal analysis for America Coming Together and Carl Pope, as Treasurer, to be circulated for Commission approval on a tally vote basis.
The Commission decided by a vote of 5-0, in MUR 5440, to:Take no action at this time against America Votes, Inc., Partnership for America's Families, the Sierra Club, Voices for Working Families, Moving America Forward, League of Conservation Voters Action Fund and Gwendolyn M. Sommer, as Treasurer, and the League of Conservation Voters 527.
The Commission failed by a vote of 3-2, in MUR 5440, to pass a motion to: (a) Find reason to believe that MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, and the New Democrat Network and Simon Rosenberg, as Treasurer, violated 2 U.S.C. §§ 434, 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. (b) Approve the appropriate factual and legal analyses for MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, and the New Democrat Network and Simon Rosenberg, as Treasurer, to be circulated for Commission approval on a tally vote basis.
The Commission failed by a vote of 3-2, in MUR 5440, to pass a motion to: (a) Find reason to believe that Moving America Forward violated 2 U.S.C. §§ 433, 434, 441a(f), and 441b(a) by failing to register as a political committee with the Commission, by failing to report contributions and expenditures, by knowingly accepting contributions in excess of $5,000, and by knowingly accepting corporate and/or union contributions. (b) Approve the appropriate factual and legal analysis for Moving America Forward, to be circulated for Commission approval on a tally vote basis.
The Commission decided by a vote of 5-0, in MUR 5403, to: a Find reason to believe that The Media Fund violated 2 U.S.C. §§ 433, 434, 441a(f), and 441b(a) by failing to register as a political committee with the Commission, by failing to report contributions and expenditures, by knowingly accepting contributions in excess of $5,000, and by knowingly accepting corporate and/or union contributions. (b) Approve the appropriate factual and legal analysis for The Media Fund, to be circulated for Commission approval on a tally vote basis. .......... REDACTED .......... (d) Approve the appropriate letters.
The Commission decided by a vote of 5-0, in MUR 5440, to: (a) Find reason to believe that The Media Fund violated 2 U.S.C. §§ 433, 434, 441a(f), and 441b(a) by failing to register as a political committee with the Commission, by failing to report contributions and expenditures, by knowingly accepting contributions in excess of $5,000, and by knowingly accepting corporate and/or union contributions. (b) .Approve the appropriate factual and legal analysis for The Media Fund, to be circulated for Commission approval on a tally vote basis.