MUR #5702

RESPONDENTS: Colorado Democratic Party; Ferrandino, Mark

COMPLAINANT: Audit Division

SUBJECT: Contributions-Prohibited; Non-federal; Reporting; Soft Money

DISPOSITION: The Commission decided by a vote of 4-0 to take the following actions in MUR 5702:1. Accept the conciliation agreement with the Colorado Democratic Party and Mark Ferrandino, in his official capacity as treasurer, as recommended in the General Counsel's Report #3 dated April 3, 2007.2. Close the file.3. Approve the appropriate letters.
The Commission decided by a vote of 6 - 0 to take the following actions in Audit Referral 05-08:1. Open a MUR.2. Find reason to believe that the Colorado Democratic Party and Mark Ferrandino, in his official capacity as treasurer, misstated receipts, disbursements, cash balances, allocable expenses, and the amount of Debt owed to the non-federal account for calendar years 2001 and 2002, in violation of 2 U.S.C. §§ 434(b)(1), (2), (4) and (8), and 11 C.F.R. § 104.10(b)(4).3.Find reason to believe that the Colorado Democratic Party and Mark Ferrandino, in his official capacity as treasurer, accepted $10,000 contribution from the non-federal account of a non-connected political committee, in violation of 2 U.S.C. § 441b.4. Find reason to believe that the Colorado Democratic Party and Mark Ferrandino, in his official capacity as treasurer, made disbursement for federal activity from a non-federal account containing impermissible funds, in violation of 2 U.S.C. § 441b, 11 C.F.R.§102.5(a) and 11 C.F.R. §106.5(a).5. Approve as the Factual and Legal Analysis the Report of the Audit Division on Colorado Democratic Party, dated September 7, 2005, as revised in the cover letter accompanying the Factual and Legal Analysis.6. .......... REDACTED .......... 7. Approve the appropriate letter.