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Federal Election Commission | United States of America

MUR #5823

CLUB FOR GROWTH INC

Summary

RESPONDENTS: Club for Growth, Inc.; Club for Growth, Inc PAC, The; Toomey, Pat; Walberg for Congress; Yeutter, Jeffrey A.

COMPLAINANTS: Schwarz for Congress; Marsden, Matt

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 5823: 1. Dismiss as a matter of prosecutorial discretion allegations that Citizens Club for Growth, Inc., formerly known as Club for Growth, Inc., violated 2 U.S.C. §§ 433 and 434 by failing to register and report as a political committee, violated 2 U.S.C. § 441a(f) by knowingly accepting excessive contributions, or, in the alternative, made prohibited corporate expenditures in violation of 2 U.S.C. § 441b. 2. Find no reason to believe that Citizens Club for Growth, Inc., formerly known as Club for Growth, Inc., violated 2 U.S.C. § 441b by making prohibited in-kind contributions in the form of coordinated communications to Walberg for Congress and Jeffrey Yeutter, in his official capacity as treasurer.3. Find no reason to believe that Citizens Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as treasurer, formerly known as Club for Growth, Inc. PAC, violated 2 U.S.C. §§ 434 and 441a(a)(1) by making and failing to report excessive in-kind contributions in the form of coordinated communications to Walberg for Congress and Jeffrey Yeutter, in his official capacity as treasurer.4. Find no reason to believe that Walberg for Congress and Jeffrey Yeutter, in his official capacity as treasurer, violated 2 U.S.C. §§ 434 and 441a(f) by knowingly accepting and failing to report excessive in-kind contributions in the form of coordinated communications. 5. Find no reason to believe that Citizens Club for Growth, Inc., formerly known as Club for Growth, Inc., violated 2 U.S.C. § 441b by funding candidateendorsements featured on the website it shares with Citizens Club for Growth, Inc. PAC. 6. Find no reason to believe that Citizens Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as treasurer, formerly known as Club for Growth, Inc. PAC, violated 2 U.S.C. § 434 by failing to report disbursements associated with candidate endorsements featured on its website.7. Find no reason to believe that Citizens Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as treasurer, formerly known as Club for Growth, Inc. PAC, violated 2 U.S.C. §§ 434 and 441a(a)(1) by making and failing to report excessive in-kind contributions in the form of coordinated communications in connection with candidate endorsements featured on its website. 8. Approve the Factual and Legal Analysis, as recommended in the General Counsel's Report dated April 3, 2007. 9. Approve the appropriate letters. 10.Close the file.

Disposition

Disposition Penalty Respondent Citation
No Reason to Believe Club for Growth, Inc. 2 U.S.C. §433
2 U.S.C. §434
2 U.S.C. §441b
Club for Growth, Inc PAC, The 2 U.S.C. §434
2 U.S.C. §441a(a)(1)
Toomey, Pat 2 U.S.C. §434
2 U.S.C. §441a(a)(1)
Walberg for Congress 2 U.S.C. §434
2 U.S.C. §441a(f)
Yeutter, Jeffrey A. 2 U.S.C. §434
2 U.S.C. §441a(f)

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 11/20/2006 Response from Club for Growth, Inc., Club for Growth, Inc. PAC and Patrick Toomey, Treasurer 2 MB
11/15/2006 Response from Walberg for Congress and Jeffrey Yeutter, Treasurer 556 KB
10/31/2006 Grant of Extension of Time to Club for Growth, Inc., Club for Growth, Inc. PAC and Patrick Toomey, Treasurer 44 KB
10/30/2006 Request for Extension of Time from Club for Growth, Inc., Club for Growth, Inc. PAC and Patrick Toomey, Treasurer 48 KB
10/16/2006 Grant of Extension of Time to Walberg for Congress and Jeffrey A. Yeutter, Treasurer 41 KB
10/13/2006 Designation of Counsel and Request for Extension of Time from Walberg for Congress and Jeffrey A. Yeutter, Treasurer 179 KB
10/13/2006 Grant of Extension of Time to Club for Growth, Inc., Club for Growth, Inc. PAC and Patrick Toomey, Treasurer 42 KB
10/12/2006 Designation of Counsel and Request for Extension of Time from Club for Growth, Inc., Club for Growth, Inc. PAC and Patrick Toomey, Treasurer 186 KB
09/25/2006 Complaint 527 KB
General Counsel Reports, Briefs, Notifications and Responses 05/08/2007 Notification with Factual and Legal Analysis to Walberg for Congress and Jeffrey Yeutter, in his official capacity as treasurer 1 MB
05/08/2007 Notification with Factual and Legal Analysis to Citizens Club for Growth, Inc.; Citizens Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as treasurer 1 MB
05/08/2007 Notification with Factual and Legal Analysis to Schwarz for Congress 1 MB
Certifications 05/01/2007 Citizens Club for Growth, Inc. (f/k/a Club for Growth, Inc.): Citizens Club for Growth, Inc. PAC and Pat Toomey, in his official capacity as treasurer (f/k/a Club for Growth, Inc. PAC): Walberg for Congress and Jeffrey Yeutter, in his official capacity as treasurer 127 KB

Participants

Relationship Name
Primary respondent Club for Growth, Inc.
Previous respondent Club for Growth, Inc PAC, The
Toomey, Pat
Walberg for Congress
Yeutter, Jeffrey A.
Complainant Marsden, Matt
Schwarz for Congress
Respondent's counsel Doster, Eric E., Esq.
Laham, Carol A., Esq.
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