MUR #6112

RESPONDENTS: John McCain 2008, Inc.; McCain-Palin Compliance Fund Inc.; Schmuckler, Joseph

COMPLAINANTS: Democratic National Committee; Sandler, Joseph E., Esq.

SUBJECT: Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 6112 and AF 2638: 1. Accept the signed conciliation agreement with John McCain 2008, Inc. and Joseph Schmuckler in his official capacity as treasurer and McCain-Palin Compliance Fund, Inc. and Joseph Schmuckler in his official capacity as treasurer, as recommended in the General Counsel's Memorandum dated July 2, 3013. 2. Approve the appropriate letters. 3. Close the file.
The Commission decided by a vote of 5-0 to take the following actions::1. Find reason to believe that John McCain 2008, Inc. and Joseph Schmuckler in his official capacity as treasurer violated 2 U.S.C. § 434(b). 2. Authorize conciliation with John McCain 2008, Inc. and Joseph Schmuckler in his official capacity as treasurer prior to a finding of probable cause to believe. 3. .......... REDACTED .......... 4. Approve the Factual and Legal Analysis as recommended in the Second General Counsel's Report dated October 31, 2012. 5. Approve the appropriate letter.
The Commission decided by a vote of 5-0 to take the following actions in MUR 6112: 1) Find reason to believe that John McCain 2008, Inc. and Joseph Schmuckler, in his official capacity as treasurer, accepted excessive contributions in violation of 2 U.S.C. § 441a(f). 2) Authorize an audit of John McCain 2008, Inc. and Joseph Schmuckler, in his official capacity as treasurer, pursuant to 2 U.S.C. § 437g. 3) Find no reason to believe that John McCain 2008, Inc. and Joseph Schmuckler, in his official capacity as treasurer, failed to disclose a $56,047 contribution from Brian Medeska in violation of 2 U.S.C. § 434(b). 4) Find no reason to believe that John McCain 2008, Inc. and Joseph Schmuckler, in his official capacity as treasurer, violated 2 U.S.C. § 432(c) by failing to properly account for the receipt of anonymous contributions and maintain identifying information for other contributors. 5) Approve the Factual and Legal Analysis as recommended in the First General Counsel's Report dated June 24, 2010, subject to revisions to footnote #2 pursuant to the meeting discussion. 6) Approve the appropriate letters.