MUR #6295

RESPONDENTS: Sue Lowden for US Senate; Beers, Bob; Giudici, Carl; Lowden, Sue

COMPLAINANTS: Lieberman, Sam; Nevada State Democratic Party

SUBJECT: Contributions-Excessive; Reporting

DISPOSITION: The Commission failed by a vote of 3-1 to:a. Find no reason to believe in MUR 6295 that Sue Lowden, and Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 441a(f).b. Find no reason to believe in MUR 6295 that Sue Lowden, and Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 434(b).c. Find no reason to believe in MUR 6295 that Carl Giudici violated 2 U.S.C. § 441a(a)(1)(a).d. Dismiss the allegation in MUR 6307 that the Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 441a(f) and 11 C.F.R. § 102.9(e)(2), and send a cautionary letter.e. Find no reason to believe in MUR 6307 that Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 434(b).f. Find no reason to believe in MUR 6307 that Sue Lowden violated 2 U.S.C. § 441a(f) or 11 C.F.R. § 102.9(e)(2).g. Approve the Factual and Legal Analyses, as recommended in the First General Counsel's Report dated November 12, 2010.h. Approve the appropriate letters.i. Close the file in MUR 6295.j. Close the file in MUR 6307.
The Commission decided by a vote of 4-0 to:a. Dismiss the allegation in MUR 6307 that the Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 441a(f) and 11 C.F.R. § 102.9(e)(2), and send a cautionary letter.b. Find no reason to believe in MUR 6307 that Sue Lowden for US Senate and Bob Beers, in his official capacity as treasurer, violated 2 U.S.C. § 434(b).c. Find no reason to believe in MUR 6307 that Sue Lowden violated 2 U.S.C. § 441a(f) or 11 C.F.R. § 102.9(e)(2).d. Dismiss the complaint in MUR 6295 on the basis of prosecutorial discretion pursuant to Heckler v. Chaney, 470 U.S. 821 (1985).e. Approve the Factual and Legal Analysis for MUR 6307, as recommended in the First General Counsel's Report dated November 12, 2010.f. Approve the Factual and Legal Analyses for MUR 6295, as recommended in the First General Counsel's Report dated November 12, 2010, subject to the changes previously circulated.g. Close the file in MUR 6295.h. Close the file in MUR 6307.i. Send the appropriate letters.