MUR #5572

RESPONDENTS: Rogers, David Warren; Friends of David Rogers; Special Operations Fund (FKA) Rogers for Congress (RI); Winthrop, Christian

COMPLAINANT: Lynch, William J. , Esq.

SUBJECT: Personal use

DISPOSITION: The Commission failed by a vote of 3-3 to:a) Find probable cause to believe that David W. Rogers violated 2 U.S.C. § 439a and 11 CFR § 113.1.b) Find probable cause to believe that Friends of Dave Rogers and Christian Winthrop, in his official capacity as Treasurer, violated 2 U.S.C. § 439a and 11 CFR § 113.1.c) Find probable cause to believe that Rogers for Congress n/k/a Special Operations Fund and Christian Winthrop, in his official capacity as Treasurer, violated 2 U.S.C. § 439a and 11 CFR § 113.1.d) Approve the proposed conciliation agreement, as recommended in General Counsel's Report #2 dated December 9, 2008.e) Approve the appropriate letters.
The Commission failed by a vote of 3-3 to dismiss MUR 5572 on the basis of prosecutorial discretion as outlined in Heckler v. Chaney, 470 U.S. 821 (1985).
The Commission decided by a vote of 6-0 to close the file in MUR 5572.
The Commission decided by a vote of 4-2 to take the following actions in MUR 5572.1Find reason to believe that David W. Rogers, Friends of Dave Rogers and Christian Winthrop, in his official capacity as treasurer, and Special Operations Fund f/k/a Rogers for Congress and Christian Winthrop, in his official capacity as treasurer, violated 2 U.S.C. § 439a and 11 C.F.R. § 113.1. 2. Approve the revised factual and legal analysis, as recommended in the General Counsel's Memorandum dated August 11, 2006. 3. Authorize the use of compulsory process, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary, as recommended in the General Counsel's Memorandum dated August 11, 2006. 4. Approve the appropriate letters, as recommended in the General Counsel's Memorandum dated August 11, 2006.