MUR #5879

RESPONDENTS: Democratic Congressional Campaign Committee - Expenditures; Bebbling, John; Harry Mitchell for Congress; Wolff, Brian L.

COMPLAINANTS: J.D. Hayworth for Congress; Mitchell, Cleta, Esq.

SUBJECT: Contributions-Limitations

DISPOSITION: The Commission decided by a vote of 6-0 to approve the Factual and Legal Analysis in MUR 5879, as recommended in the General Counsel's Memorandum dated April 20, 2010.
The Commission failed by a vote of 3-3 to:a) Enter into conciliation with the Democratic Congressional Campaign Committee and Jonathan S. Vogel, in his official capacity as treasurer, prior to a finding of probable cause to believe to settle violations of 2 U.S.C. §§ 441a(a) and 434 (b).b) Find no reason to believe that Harry Mitchell for Congress and John Bebbling, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a(a) and 434 (b).c) Approve the proposed conciliation agreement with the Democratic Congressional Campaign Committee and Jonathan S. Vogel, in his official capacity as treasurer, as recommended in General Counsel's Report #2 dated December 1, 2009, subject to revision of the out-the-door civil penalty to a statutory civil penalty amount.d) Approve the Factual and Legal Analysis, as recommended in General Counsel's Report #2 dated December 1, 2009.e) Approve the appropriate letters.
The Commission decided by a vote of 6 - 0 to: a) Find no reason to believe that Harry Mitchell for Congress and John Bebbling, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a(a) and 434(b).b) Close the file in MUR 5879.c) Send the appropriate letters.
The Commission decided by a vote of 5-0 to take the following actions in MUR 5879:1. Find reason to believe that the Democratic Congressional Campaign Committee and Brian L. Wolff, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(a), but take no action at this time as to 2 U.S.C. § 441a(d).2. Take no action at this time as to Recommendation Number 2, as set forth in the General Counsel's Report dated September 24, 2007.3. Approve the appropriate Factual and Legal Analysis.4. Authorize the use of compulsory process in this matter, including the issuance of interrogatories, and document and deposition subpoenas.5. Approve the appropriate letters.