MUR #5444

RESPONDENTS: National Democratic Congressional Committee; Belk 2004; Belk 2004 US Senate; Belk, Charles; Belk, Marcus T.; Democratic Majority 2004; National Democratic Political Committee; National Democratic Senatorial Committee

COMPLAINANT: Democratic Congressional Campaign Committee - Expenditures

SUBJECT: Fraudulent misrepresentation; Other; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 5444: 1. Close the file. 2. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5444:1. Find reason to believe that Marcus T. Belk knowingly and willfully violated 2 U.S.C. § 441h(a). 2. Find reason to believe that the National Democratic Congressional Committee and Marcus T. Belk, in both his personal capacity and official capacity as Treasurer, knowingly and willfully violated 2 U.S.C. § 441h(a).3. Find reason to believe that the National Democratic Congressional Committee and Marcus T. Belk, in both his personal capacity and official capacity as Treasurer, knowingly and willfully violated 2 U.S.C. §§ 433, 434, 441a(a)(1)(C), and 432(b)(3).4. Find reason to believe that Belk 2004 US Senate and Marcus T. Belk, in both his personal capacity and official capacity as Treasurer, violated 2 U.S.C. § 432(c) and 11 CFR § 102.9(a).5. Direct the Office of General Counsel to draft the appropriate Factual and Legal Analyses.6. Direct the Audit Division to conduct an audit of Belk 2004 US Senate, pursuant to 2 U.S.C. § 437g(a)(2).7. Report appropriate portions of this matter to the Internal Revenue Service.8. Send the appropriate letters.
The Commisson decided by a vote of 6-0 to take the following actions in MUR 5444:1. Find reason to believe that Marcus Belk, and the National Democratic Congressional Committee and Marcus Belk, as treasurer, knowingly and willfully violated 2 U.S.C.§ 441h(b).2. Find reason to believe the National Democratic Congressional Committee and Marcus Belk, as treasurer, violated 2 U.S.C.§§ 433 and 434, 441a(a)(1)(c), and 432(b)(3). 3. Take no action at this time with respect to the National Democratic Political Committee and Marcus Belk, as treasurer; the National Democratic Senatorial Committee and Marcus Belk, as treasurer; Democratic Majority 2004 and Marcus Belk, as treasurer; Belk 2004 and Marcus Belk, as treasurer, and Belk 2004 US Senate and Charles Belk, as treasurer. 4. Approve the Factual and Legal Analyses, as recommended in the General Counsel's Report dated December 3, 2004. 5. Authorize the use of compulsory process to investigate the matter, including the use of subpoenas duces tecum, and interrogatories directed to Marcus Belk and the Ford Motor Company Civic Action Fund, as recommended in the General Counsel's Report dated December 3, 2004.6. Approve the appropriate letters, as recommended in the General Counsel's Report dated December 3, 2004.