MUR #5648

RESPONDENTS: Broyhill for Congress; Broyhill, J. Edgar, III; Nerhood, Timothy

COMPLAINANT: Reports Analysis Division (RAD)

SUBJECT: Loans; Other; Reporting

DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 5648:1. Accept the proposed signed Conciliation Agreement from the Broyhill respondents, as recommended in the General Counsel's Memorandum dated June 21, 2006.2. Close the file.3. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5648: 1.Find probable cause to believe that J. Edgar Broyhill, II, violated 2 U.S.C. §§ 441a-1(b)(1)(C), 441a-1(b)(1)(D) and 441a-1(b)(1)(E). 2. Find probable cause to believe Broyhill for Congress and Tim Nerhood, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a-1(b)(1)(C), 441a-1(b)(1)(D), 441a-1(b)(1)(E) and 11 CFR §§ 400.21(b) and 400.22(b). 3. Approve the conciliation agreement and appropriate letters, as recommended in the General Counsel's Report dated March 1, 2006.
The Commission decided by a vote of 5-0 to take the following actions in RAD Referral #04L-14: 1. Open a MUR. 2. Find reason to believe that Broyhill for Congress and Laney Orr, Jr., in his official capacity as treasurer, violated 2 U.S.C. § 441a-1(b)(1)(C), 2 U.S.C. § 441a-1(b)(1)(D), 2 U.S.C. § 441a-1(b)(1)(E), 11 CFR § 400.21(b) and 11 CFR § 400.22(b). 3. Find reason to believe that J. Edgar Broyhill III, violated 2 U.S.C. § 441a-1(b)(1)(C), 2 U.S.C. § 441a-1(b)(1)(D), and 2 U.S.C. § 441a-1(b)(1)(E). 4.Enter into pre-probable cause conciliation with all Respondents and approve the Conciliation Agreement, as recommended in the General Counsel?s Report dated February 2, 2005, subject to a revised civil penalty calculated at twenty percent (20%) of the amount in violation and other appropriate revisions, as necessary. 5. Approve the Factual and Legal Analyses, as recommended in the General Counsel?s Report dated February 2, 2005. 6. Approve the appropriate letters.