MUR #5533

RESPONDENTS: Nader for President 2004; Gabrys, Richard M.; Mayer, Carl M.; McNeilly, Greg; Michigan Republican State Committee

COMPLAINANT: Brewer, Mark

SUBJECT: Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to:1. Dismiss this matter as to the Michigan Republican State Central Committee and Richard M. Gabrys, in his official capacity as treasurer, on the basis of prosecutorial discretion as outlined in Heckler v. Chaney, 470 U.S. 821 (1985). 2. Dismiss this matter as to Nader for President 2004 and Carl M. Mayer, in his official capacity as treasurer, on the basis of prosecutorial discretion as outlined in Heckler v. Chaney, 470 U.S. 821 (1985). 29. Find no reason to believe Greg McNeilly violated the Act in connection with this matter. 3. Reject the recommendation of the Office of General Counsel to approve the Factual and Legal Analysis, as recommended in the General Counsel?s Report dated June 2, 2005. 4. Reject the recommendation of the Office of General Counsel to approve the use of compulsory process in this matter, including the issuance of appropriate subpoenas and interrogatories to the Michigan Republican State Central Committee, Eric E. Doster, and Henrietta Tow, and the issuance of additional interrogatories, document subpoenas, and deposition subpoenas. 5.Close the file in MUR 5533 and send the appropriate letters.
The Commission decided by a vote of 6-0 to: 1.Sever the allegations and respondents relating to the Oregon fact pattern out of the Complaint in MUR 5581 and add these allegations and respondents to MUR 5489. 2. Close the file in MUR 5489. 3. Sever the allegations and respondents relating to the Michigan fact pattern out of the Complaint in MUR 5581 and add these allegations and respondents to MUR 5533. 4.Sever the allegations and respondents relating to the New Hampshire fact pattern out of the Complaint in MUR 5581 and add these allegations and respondents to MUR 5513.