MUR #5772

RESPONDENTS: Phelps, Kenneth; Lockheed Martin Employees' Political Action Committee

COMPLAINANT:

SUBJECT: Other; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 5772:1. Accept the plea addendum, as recommended in the General Counsel's Memorandum dated July 16, 2007.2.Approve the appropriate letter.3.Close the file.
Decided by a vote of 5-0 to approve the language set forth in Attachment A to be incorporated in the Department of Justice's plea agreement with Kenneth Phelps as part of a global settlement, as recommended in the General Counsel's Report dated June 11, 2007.
The Commission decided by a vote of 5-0 to take the following actions in MUR 5721:1. Accept the conciliation agreement with the Lockheed Martin Employees' PAC and Stephen E. Chaudet, in his official capacity as Treasurer, as recommended in the General Counsel's Report #2 dated July 12, 2006.2. Sever Kenneth Phelps from MUR 5721, and open a new MUR as to him.3. Close the file in MUR 5721.4. Approve the appropriate letter, as recommended in the General Counsel's Report #2 dated July 12, 2006.
The Commission decided by a vote of 6-0 to take the following actions in Audit Referral 05-10 and RAD Referral 06L-01:1.Open a MUR in Audit Referral 05-10 and RAD Referral 06L-01.2.Find reason to believe that Kenneth Phelps knowingly and willfully violated 2 U.S.C. §§ 432(c)(5); 434(b)(4), (6)(B)(v); and 11 CFR § 104.3(b).3.Find reason to believe that Kenneth Phelps knowingly and willfully violated 2 U.S.C. § 432(b)(3).4.Find reason to believe that Lockheed Martin Employees' PAC and Stephen E. Chaudet, in his official capacity as Treasurer, violated 2 U.S.C. §§ 432(c)(5); 434(b)(4), (6)(B)(v); and 11 CFR § 104.3(b).5.Reject Recommendation Number 5, as set forth in the General Counsel's Report dated March 1, 2006; and instead, find no reason to believe that Lockheed Martin Employees' PAC and Stephen E. Chaudet, in his official capacity as Treasurer, violated 11 CFR § 104.14(b)(1).6.Find reason to believe that Lockheed Martin Employees' PAC and Stephen E. Chaudet, in his official capacity as Treasurer, violated 2 U.S.C. § 434(b)(2), (3); and 11 CFR § 104.3(a).7......................REDACTED......................8.....................................REDACTED.................................9. Approve the Factual and Legal Analyses, as recommended in the General Counsel's Report dated March 1, 2006; subject to revision of the Factual and Legal Analysis for Lockheed Martin Employees' PAC and Stephen E. Chaudet to reflect that an internal control weakness was identified, brought to the attention of the PAC, and the PAC failed to remedy the situation.10. Approve the appropriate letters.