MUR #5690

RESPONDENTS: Jim Gerlach for Congress Committee; DeHaven, Michael; Friends of John Perzel; Ireland, Richard; Johnson, Gordon R.; Randzin, Alan; Valley Forge Investment Corporation

COMPLAINANT: Murphy, Lois

SUBJECT: Contributions-Prohibited; Contributions-Excessive; Disbursements; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 5690:1. Accept the conciliation agreement with the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, as recommended in the General Counsel's Report #2 dated March 22, 2007.2. Close the file3. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5690:1. Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(3)(A) and 11 CFR § 102.17(c)(8)(i)(B) by failing to itemize on a Memorandum Schedule A information concerning contributors after receiving a disbursement from a joint fundraising committee. 2. Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(2) by incorrectly reporting the total contributions for the election cycle-to-date in the amended 2004 Year-End Report, and in the amended 2005 April and July and original 2005 October Quarterly Reports.3. Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(2)(A) by misreporting contributions refunded as unitemized contributions received in the 2005 October Quarterly Report.4. ..........................REDACTED............................5. Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(2)(A) by failing to correctly report contributions received from persons other than a political committee in the 2005 October Quarterly Report, send an admonishment letter, but take no further action. 6.Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(2)(A) by incorrectly reporting the total election cycle-to-date contributions for an individual, send an admonishment letter, but take no further action.7.Find reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(1) by incorrectly reporting cash on hand, send an admonishment letter, but take no further action.8.Dismiss the allegation that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 432(c)(2) by failing to maintain an accurate account of small contributions.9.Dismiss the allegation that the Friends of John Perzel and Gordon R. Johnson, in his official capacity as treasurer, violated 2 U.S.C. § 441a(a)(1)(A) by making an excessive contribution, and close the file with respect to the Friends of John Perzel and Gordon R. Johnson, in his official capacity as treasurer.10.Dismiss the allegation that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 441a(f) by knowingly receiving an excessive contribution.11.Find no reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, violated 2 U.S.C. § 434(b)(6)(A) by failing to accurately report disbursements to the Internal Revenue Service or taxes withheld from the contractors.12. Find no reason to believe that Valley Forge Investment Corporation made a prohibited corporate contribution in violation of 2 U.S.C. § 441b(a), and close the file with respect to the Valley Forge Investment Corporation. 13. Find no reason to believe that Richard Ireland made a prohibited corporate contribution in violation of 2 U.S.C. § 441b(a), and close the file with respect to Richard Ireland.14. Find no reason to believe that the Jim Gerlach for Congress Committee and Michael DeHaven, in his official capacity as treasurer, accepted a prohibited corporate contribution in violation of 2 U.S.C. § 441b(a).15. Find no reason to believe that Alan Randzin violated the Federal Election Campaign Act of 1971, as amended, or the Commission's regulations.16. Approve the Factual and Legal Analysis, as recommended in the General Counsel's Report dated August 30, 2006.17.Approve the appropriate letters.