MUR #5646

RESPONDENTS: Burchfield, Jesse; Buchalski, John; Cohen for New Hampshire; Cohen, Burton

COMPLAINANT: Morse, William E.

SUBJECT: Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 5646: 1. Accept the conciliation agreement with Jesse Burchfield, as recommended in the General Counsel's Memorandum dated April 23, 2008. 2. Approve the appropriate letters. 3. Close the file in this matter.
The Commission decided by a vote of 5-0 to take the following actions in MUR 5646: 1. Accept the conciliation agreement with Burton Cohen and close the file as it pertains to him, as recommended in the General Counsel's Memorandum dated December 13, 2007. 2. Accept the conciliation agreement with Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, and close the file as it pertains to them, as recommended in the General Counsel's Memorandum dated December 13, 2007. 3. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to take the following actions in MUR 5646: 1. .......... REDACTED .......... 2. As a matter of prosecutorial discretion, take no further action as to John Buchalski in his personal capacity other than an admonishment, as to violations of 2 U.S.C. §§ 434(b) and 432(c). 3. Approve the appropriate letters, as recommended in the General Counsel's Report #3 dated December 3, 2007.
The Commission failed to approve by a vote of 1-3 to: a) Find probable cause to believe that Burton Cohen violated 2 U.S.C. § 441i(e)(1)(A) and 11 CFR § 110.3(d). b) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. §§ 432(c), 432(h) and 439a(b). c) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, knowingly and willfully violated 2 U.S.C. § 441i(e)(1)(A) and 11 CFR § 110.3(d). d) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, knowingly and willfully violated 2 U.S.C. § 434(b) with respect to all reporting violations except those relating to the funds converted by Jesse Burchfield for his own personal use. e) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. § 434(b) for failing to report the funds Jesse Burchfield converted to his own personal use. f) ........REDACTED ........ g) Approve the appropriate letter.
The Commission decided by a vote of 4-0 to: a) Find probable cause to believe that Burton Cohen violated 2 U.S.C. §441i(e)(1)(A) and 11 CFR § 110.3(d). b) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. §§ 432(c), 432(h) and 439a(b). c) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. § 441i(e)(1)(A) and 11 CFR § 110.3 d) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. § 434(b) with respect to all reporting violations except those relating to the funds converted by Jesse Burchfield for his own personal use. e) Find probable cause to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. § 434(b) for failing to report the funds Jesse Burchfield converted to his own personal use. .......... REDACTED .......... g) Approve the appropriate letter.
Decided by a vote of 6-0 to take the following actions in Pre-MUR 423: 1. Open a MUR.2. Find reason to believe that Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b), 432(c), 439a(b), and 432(h). 3. Find reason to believe that John Buchalski, in his personal capacity, violated 2 U.S.C. §§ 434(b) and 432(c). 4. Find reason to believe that Jesse Burchfield violated 2 U.S.C. §§ 432(c) and 439a(b). 5. Find reason to believe that Jesse Burchfield knowingly and willfully violated 2 U.S.C. § 434(b). 6. Find reason to believe that Burton Cohen and Cohen for New Hampshire and John Buchalski, in his official capacity as treasurer, knowingly and willfully violated 2 U.S.C. § 441i(e)(1)(A) and 11 C.F.R. § 110.3(d). 7. Approve the Factual and Legal Analyses, as recommended in the General Counsel's Report dated January 28, 2005. 8. .......... REDACTED .......... 9. Approve the appropriate letters, as recommended in the General Counsel's Report dated January 28, 2005.