MUR #6202
MISSOURI DEMOCRATIC STATE COMMITTEESummary
RESPONDENTS: Missouri Democratic State Committee; Anderson, Rod
COMPLAINANT: Audit Division
SUBJECT: Other
DISPOSITION: The Commission decided by a vote of 5 -0 to take the following actions in MUR 6202:1. Accept the conciliation agreement with the Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, as recommended in the General Counsel's Memorandum dated August 27, 2009.2. Approve the appropriate letter.3. Close the file.
The Commission decided by a vote of 5 - 0 to: a) Open a MUR in AR 08-11.b) Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 2 U.S.C. § 432(h)(2) by exceeding the $100 per-transaction limit for cash disbursements. .......... REDACTED ..........d) Approve the Final Audit Report of the Missouri Democratic State Committee as the Factual and Legal Analysis, subject to revisions pursuant to the meeting discussion.e) Approve the appropriate letters.
The Commission Failed by a vote of 2-3 to pass a motion to:a) Open a MUR in AR 08-11.b) Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 2 U.S.C. § 432(h)(2) by exceeding the $100 per-transaction limit for cash disbursements.c) Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 11 CFR § 106.7(d)(1) by using impermissible funds from its non-federal account to pay for employee salaries where there was no documentation that the employees spent 25% or less of their time on non-federal activity.d) Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a, 441b(a), 11 CFR §§ 102.5(a) and 300.32(a)(2) by using impermissible funds from its non-federal account to pay for federal expenses, or the federal share of allocable expenses for television ads, radio ads, phone banks and lodging for the national convention.e). Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 11 CFR § 106.7(c)(2) by using impermissible funds from its non-federal account to pay for allocable administrative expenses, including postage, building repairs, consulting, taxes and legal services.f) Find reason to believe that Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, violated 11 CFR § 104.10(b)(4).g) Enter into conciliation with the Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer, prior to a finding of probable cause and approve the conciliation agreement, as recommended in the First General Counsel's Report dated May 7, 2009.h) Approve the Final Audit Report of the Missouri Democratic State Committee as the Factual and Legal Analysis.i) Approve the appropriate letters.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation: Pre Probable Cause | $4,500.00 | Missouri Democratic State Committee |
2
U.S.C.
§432(h)(2)
2 U.S.C. §1 |
| Anderson, Rod |
2
U.S.C.
§432(h)(2)
2 U.S.C. §1 |
Documents
| Type | Date | Document |
|---|---|---|
| Conciliation and Settlement Agreements | 09/16/2009 | Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer 166 KB |
| Complaint, Responses, Designation of Counsel and Extensions of Time | 07/16/2009 | Designation of Counsel from Rod Anderson 32 KB |
| 05/28/2008 | Referral Matters 523 KB | |
| General Counsel Reports, Briefs, Notifications and Responses | 08/27/2009 | Pre-Probable Cause Conciliation 46 KB |
| 07/07/2009 | Notification to Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer 244 KB | |
| Certifications | 09/10/2009 | Missouri Democratic State Committee - Pre-Probable Cause Conciliation 29 KB |
| 06/24/2009 | Missouri Democratic State Committee and Rod Anderson, in his official capacity as treasurer 104 KB | |
| Civil Penalties, Disgorgements, Other Payments and Letters of Compliance | 10/07/2009 | Missouri Democratic State Committee 36 KB |
Participants
| Relationship | Name |
|---|---|
| Primary respondent | Missouri Democratic State Committee |
| Previous respondent | Anderson, Rod |
| Complainant | Audit Division |
| Respondent's counsel | Svoboda, Brian G., Esq. |