MUR #5466
AMERICA COMING TOGETHER (ACT)Summary
RESPONDENTS: America Coming Together (ACT); DNC Services Corporation/Democratic National Committee; Farmer, Robert A.; John Kerry For President, Inc.; Pope, Carl; Tobias , Andrew
COMPLAINANTS: Democracy 21; Wertheimer, Fred; Campaign Legal Center; Potter, Trevor, Esq.; Center For Responsive Politics; Noble, Lawrence M.
SUBJECT: Allocation; Non-federal
DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MURs 5403 and 5466: 1. Accept the Conciliation Agreement with America Coming Together and Carl Pope, in his official capacity as treasurer, as recommended in the General Counsel's Memorandum dated August 21, 2007. 2. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MURs 5403 and 5466: .......... REDACATED ........... 3. Take no further action with respect to allegations that America Coming Together made coordinated expenditures, resulting in excessive in-kind contributions to John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer, and the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. 4. Find no reason to believe that John Kerry for President, Inc. and Robert A. Farmer, in his official capacity as treasurer, violated the Act and close the file with respect to them. 5. Find no reason to believe that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, violated the Act and close the file with respect to them. 6. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5612:
1. Find no reason to believe that Service Employees International Union or SEIU Political Education and Action Fund (SEIU IPEA) violated 2 U.S.C. § 441b.
2. Sever allegations that America Coming Together violated 2 U.S.C. §§ 441a(f) and 441b and 11 C.F.R. § 106 by failing to properly allocate in-kind contributions and merge that portion of this matter into the ongoing investigation of similar issues pertaining to ACT in MURs 5403 and 5466.
3. Find no reason to believe that the Democratic National Committee and Andrew Tobias, in his official capacity as Treasurer, violated 2 U.S.C. §§ 441b.
4. Approve the Factual and Legal Analysis, as recommended in the First General Counsel?s Report dated January 31, 2007.
5. Approve the appropriate letters.
6. Close the file.
The Commission decided by a vote of 6-0 to take the following actions in MURs 5403, ..... REDACTED ...... 5466: 1. ...... REDACTED ...... 2. ...... REDACATED ,,,,,, 3. Revise Paragraph 3 of the Certification of the Commission's May 25, 2006 action in MUR 5403, 5440, 5427 to refer to "Carl Pope" rather than "Charles Pope".
The Commission decided by a vote of 6-0 to take the following actions in MURs 5403,..... REDACTED ..... and 5466: In MUR 5403: (1.) Sever the Leadership Forum and open a new MUR. 2. ..... REDACTED ...... In MUR .... REDACTED .... 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. ....... REDACATED .......
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. ....... REDACATED ......... (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 4-1, in .......... REDACTED .......... to: (a.) Find reason to believe that Joint Victory Campaign 2004 and Janice Ann Enright, 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 the Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, to be circulated for Commission approval on a tally vote basis.
The Commission decided by a vote of 4-1, in MUR 5466, 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 to be circulated for Commission approval on a tally vote basis. (c.) .......... REDACATED .......... (d.) Approve the appropriate letters.
The Commission decided by a vote of 4-1, in MUR .....REDACTED ..... 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 .......... REDACTED .......... to:Take no action at this time against .......... REDACTED .......... League of Conservation Voters Action Fund and Gwendolyn M. Sommer, as Treasurer, and the League of Conservation Voters 527.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Conciliation-PPC | $775,000.00 | America Coming Together (ACT) | |
Pope, Carl |
2
U.S.C.
§434
2 U.S.C. §441a(f) 2 U.S.C. §441b(a) 11 CFR 102.5 11 CFR 104.10 11 CFR 106.1 11 CFR 106.6 |
||
No RTB | DNC Services Corporation/Democratic National Committee | 2 U.S.C. §441b | |
Farmer, Robert A. | |||
John Kerry For President, Inc. | |||
Tobias , Andrew | 2 U.S.C. §441b |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | America Coming Together (ACT) |
Previous respondent | DNC Services Corporation/Democratic National Committee |
Farmer, Robert A. | |
John Kerry For President, Inc. | |
Pope, Carl | |
Tobias , Andrew | |
Complainant | Campaign Legal Center |
Center For Responsive Politics | |
Democracy 21 | |
Noble, Lawrence M. | |
Potter, Trevor, Esq. | |
Wertheimer, Fred | |
Respondent's counsel | Corley, Judith L., Esq. |
Elias, Marc E., Esq. | |
Sandler, Joseph E., Esq. |