MUR #5652

RESPONDENTS: Terrell for Senate; America's Foundation; Anderson, Melinda; Arceneaux, Susan; Bluegrass Committee; Bonfiglio, Barbara Wixon, Esq.; Brooks, Matthew; Carthage Partners, LC, The; Chaffe, McCall, Phillips, Toler & Sarpy, LLP; Clean Tank, LLC; Defend America PAC; Deland, M. Maitland; Diefenthal, Edward L.; First Bank and Trust; Gilmore, Carolyn; Good Government for America PAC; Land-Glo, LLC; Lloyd, John; Murphy, Julie N.; Oncologics; Otto Candies, LLC; Perkerson, Dawn; Ragan, Ashley; Regan, Ashley; Republican Jewish Coalition PAC; Republican Majority Fund; Russo, Sammy Joe; Schmidt, Justin; Senate Majority Fund; Soileau, John E.; Steinberg, Larry; Terrell, Suzanne Haik; Volunteer PAC

COMPLAINANT: Audit Division

SUBJECT: Contributions-Prohibited; Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 on an amended pre-meeting tally, to take the following actions in MUR 5652: 1. Accept the conciliation agreement with Terrell for Senate and Justin Schmidt, in his official capacity as treasurer, as recommended in the General Counsel?s Memorandum dated January 25, 2008. 2. Approve the appropriate letters. 3.Close the file.
The Commission decided by a vote of 4-0 to take the following actions in MUR 5652: 1. Find probable cause to believe that Terrell for Senate and Justin Schmidt, in his official capacity as treasurer, violated 2 U.S.C. §§ 441b(a), 441a(f), 434(a)(6) and 434(b), and 11 CFR §§ 102.17(c)(8)(i)(B), 104.3(a) and (b), and 104.5(f). 2. Approve the conciliation agreement, as recommended in the General Counsel?s Report dated October 23, 2007, as amended by the General Counsel?s Errata Memorandum dated October 26, 2007, and subject to a revised civil penalty amount of $50,000. 3. Approve the appropriate letter.
The Commission decided by a vote of 4-0 to take the following actions in MUR 5652: 1. Accept the conciliation agreement with Sammy Joe Russo, as recommended in the General Counsel?s Report #5, dated June 7, 2007. 2. Take no action other than to admonish Sammy Joe Russo regarding a violation of 2 U.S.C. § 441f. 3. Close the file as to Sammy Joe Russo. 4. Approve the appropriate letter.
The Commission failed by a vote of 3-2 to: a) Take no further action and close the file as to Susan Arceneaux. b) Reject Recommendation Number 2, as set forth in the General Counsel?s Report dated April 6, 2007; and, instead, instruct the Office of General Counsel to make a counteroffer of a $250,000 civil penalty to Terrell for Senate and Justin Schmidt, in his official capacity as treasurer. c) Take no further action and close the file as to First Bank and Trust. d) Take no further action and close the file as to Suzanne Haik Terrell. e) Take no further action and close the file as to OncoLogics, Inc. f) Take no action other than to admonish M. Maitland Deland. g) Approve the appropriate letters.
The Commission decided by a vote of 4-1 to: a) Take no further action and close the file as to Susan Arceneaux. b) Reject Recommendation Number 2, as set forth in the General Counsel?s Report dated April 6, 2007; and, instead, instruct the Office of General Counsel to make a counteroffer of a $100,000 civil penalty to Terrell for Senate and Justin Schmidt, in his official capacity as treasurer, and include the appropriate language additions and revisions to the conciliation agreement pursuant to the meeting discussion. c) Take no further action and close the file as to First Bank and Trust. d) Take no further action and close the file as to Suzanne Haik Terrell. e) Take no further action and close the file as to OncoLogics, Inc. f) Take no action other than to admonish M. Maitland Deland. g) Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5652: 1. Accept the signed conciliation agreement with Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P, as recommended in the General Counsel?s Report dated November 1, 2006. 2. Accept the signed conciliation agreement with Otto Candies, L.L.C., as recommended in the General Counsel?s Report dated November 1, 2006. 3. Take no further action with respect to Clean Tank, L.L.C. 4. Take no further action with respect to Land-Glo, L.L.C. 5. Close the file with respect to Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P; Otto Candies, L.L.C.; Clean Tank, L.L.C.; and Land-Glo, L.L.C. 6. Send the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5652: 1. Accept the conciliation agreement with The Carthage Partners, L.C., as recommended in the General Counsel?s Report #2 dated June 16, 2005. 2. Close the file as to The Carthage Partners, L.C. 3. Approve the appropriate letter, as recommended in the General Counsel?s Report #2 dated June 16, 2005.
The Commission failed by a vote of 2-3 to:1. Open a MUR. 2. Find reason to believe that Terrell for Senate and Justin Schmidt, in his official capacity as treasurer, violated 2 U.S.C. §441b(a), 2 U.S.C. § 441a(f), 2 U.S.C. § 434(b) and 11 CFR §§ 102.17(c)(8)(i)(B) and 104.3(a) and (b), and 2 U.S.C. § 434(a)(6) and 11 CFR § 104.5(f), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 3. Find reason to believe that former assistant treasurer Susan Arceneaux, in her personal capacity, violated 2 U.S.C. § 441b(a), 2 U.S.C. § 441a(f), 2 U.S.C. § 434(b) and 11 CFR §§ 102.17(c)(8)(i)(B) and 104.3(a) and (b), and 2 U.S.C. § 434(a)(6) and 11 CFR § 104.5(f), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 4. Find reason to believe that Otto Candies, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 5. Find reason to believe that Clean Tank, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 6. Find reason to believe that Land-Glo, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 7. Find reason to believe that Sammy Joe Russo violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 8. Find reason to believe that Julie N. Murphy violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to her. 9. Find reason to believe that John E. Soileau violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 10. Find reason to believe that Edward L. Diefenthal violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 11. Find reason to believe that Carolyn Gilmore violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to her. 12. Find reason to believe that M. Maitland Deland violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 13. Find reason to believe that Republican Jewish Coalition-Political Action Committee and Matthew Brooks, in his official capacity as treasurer, violated 2 U.S.C. 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 14. Find reason to believe that Senate Majority Fund and Ashley Ragan, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 15. Find reason to believe that Bluegrass Committee and Larry Steinberg, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 16. Find reason to believe that Good Government for America PAC and Melinda Anderson, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 17. Find reason to believe that America?s Foundation fka Fight PAC and Barbara Bonfiglio, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 18. Find reason to believe that Defend America PAC and John Lloyd, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 19. Find reason to believe that Republican Majority Fund and Barbara Bonfiglio, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 20. Find reason to believe that Volunteer PAC and Dawn Perkerson, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 21. Find reason to believe that The Carthage Partners, L.C. violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 22. Find reason to believe that Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P. violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 23. Find reason to believe that Oncologics violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 24. Find reason to believe that Suzanne Haik Terrell violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 25. Find reason to believe that First Bank and Trust violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 26. Find reason to believe that the forty-two (42) corporate contributors, previously excluded as respondents from the General Counsel?s Report dated March 30, 2005, violated 2 U.S.C. § 441b(a); instruct the Office of General Counsel to enter into conciliation prior to a finding of probable cause to believe; and approve the appropriate Factual and Legal Analyses and Conciliation Agreements. 27. Approve as Factual and Legal Analyses for Terrell for Senate and Justin Schmidt; Otto Candies, L.L.C.; Clean Tank, L.L.C.; Land-Glo, L.L.C.; Sammy Joe Russo; Republican Jewish Coalition-Political Action Committee and Matthew Brooks; Senate Majority Fund and Ashley Ragan; Bluegrass Committee and Larry Steinberg; Good Government for America PAC and Melinda Anderson; America?s Foundation fka Fight PAC and Barbara Bonfiglio; Defend America PAC and John Lloyd; Republican Majority Fund and Barbara Bonfiglio; Volunteer PAC and Dawn Perkerson; The Carthage Partners, L.C.; Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P.; Oncologics; Suzanne Haik Terrell; and First Bank and Trust, the Final Audit Report on Terrell for Senate, approved by the Commission on August 4, 2004. 28. Approve the Factual and Legal Analysis for Susan Arceneaux, as recommended in the General Counsel?s Report dated March 30, 2005. 29. Approve the appropriate letters.
The Commission decided by a vote of 4-1 to:Find reason to believe that Sammy Joe Russo violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005.
The Commission decided by a vote of 5-0 to:1. Open a MUR. 2. Find reason to believe that Terrell for Senate and Justin Schmidt, in his official capacity as treasurer, violated 2 U.S.C. § 441b(a), 2 U.S.C. § 441a(f), 2 U.S.C. § 434(b) and 11 CFR §§ 102.17(c)(8)(i)(B) and 104.3(a) and (b), and 2 U.S.C. § 434(a)(6) and 11 CFR § 104.5(f), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 3. Find reason to believe that former assistant treasurer Susan Arceneaux, in her personal capacity, violated 2 U.S.C. § 441b(a), 2 U.S.C. § 441a(f), 2 U.S.C. § 434(b) and 11 CFR §§ 102.17(c)(8)(i)(B) and 104.3(a) and (b), and 2 U.S.C. § 434(a)(6) and 11 CFR § 104.5(f), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 4. Find reason to believe that Otto Candies, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 5. Find reason to believe that Clean Tank, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 6. Find reason to believe that Land-Glo, L.L.C. violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 7. Find reason to believe that Julie N. Murphy violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to her. 8. Find reason to believe that John E. Soileau violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 9. Find reason to believe that Edward L. Diefenthal violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 10. Find reason to believe that Carolyn Gilmore violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to her. 11. Find reason to believe that M. Maitland Deland violated 2 U.S.C. § 441a(a)(1)(A), but take no further action; send a letter of admonishment; and close the file as to him. 12. Find reason to believe that Republican Jewish Coalition-Political Action Committee and Matthew Brooks, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 13. Find reason to believe that Senate Majority Fund and Ashley Ragan, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 14. Find reason to believe that Bluegrass Committee and Larry Steinberg, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 15. Find reason to believe that Good Government for America PAC and Melinda Anderson, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 16. Find reason to believe that America?s Foundation fka Fight PAC and Barbara Bonfiglio, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 17. Find reason to believe that Defend America PAC and John Lloyd, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 18. Find reason to believe that Republican Majority Fund and Barbara Bonfiglio, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 19. Find reason to believe that Volunteer PAC and Dawn Perkerson, in her official capacity as treasurer, violated 2 U.S.C. § 441a(a)(2)(A), but take no further action; send a letter of admonishment; and close the file as to them. 20. Find reason to believe that The Carthage Partners, L.C. violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 21. Find reason to believe that Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P. violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 22. Find reason to believe that Oncologics violated 2 U.S.C. § 441a(a)(1)(A), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 23. Find reason to believe that Suzanne Haik Terrell violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 24. Find reason to believe that First Bank and Trust violated 2 U.S.C. § 441b(a), enter into conciliation prior to a finding of probable cause to believe, and approve the conciliation agreement, as recommended in the General Counsel?s Report dated March 30, 2005. 25. Find reason to believe that the forty-two (42) corporate contributors, previously excluded as respondents from the General Counsel?s Report dated March 30, 2005, violated 2 U.S.C. § 441b(a); instruct the Office of General Counsel to enter into conciliation prior to a finding of probable cause to believe; and approve the appropriate Factual and Legal Analyses and Conciliation Agreements. 26. Approve as Factual and Legal Analyses for Terrell for Senate and Justin Schmidt; Otto Candies, L.L.C.; Clean Tank, L.L.C.; Land-Glo, L.L.C.; Sammy Joe Russo; The Carthage Partners, L.C.; Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P.; Oncologics; Suzanne Haik Terrell; and First Bank and Trust, the Final Audit Report on Terrell for Senate, approved by the Commission on August 4, 2004. 27. Approve the Factual and Legal Analysis for Susan Arceneaux, as recommended in the General Counsel?s Report dated March 30, 2005. 28. Approve the appropriate letters.