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Federal Election Commission | United States of America

MUR #6510

MARK STEVEN KIRK, ETAL

Summary

RESPONDENTS: Kirk, Mark Steven; Considine, Frank; Kirk for Senate; McCracken, Dorothy L.; The Patterson Group; Vail, Robert E.; Van Ness Communications, LLC

COMPLAINANT: Veriolli, Kimberly A.

SUBJECT: Personal use

DISPOSITION: The Commission decided by a vote of 4-0 to: 1. Find no reason to believe that Kirk for Senate and Frank Considine in his official capacity as treasurer, Senator Mark Kirk, Dorothy McCracken, Robert Edward Vail, Jr., The Patterson Group and Van Ness Communicationsviolated 2 U.S.C. § 439a(b) by converting campaign funds to "personal use" based on the theory that McCracken was a "family member" of Sen. Kirk, and that she, through Van Ness and Patterson Group, did not provide bone fide services at fair market value to the campaign. 2. Dismiss the allegations that Kirk for Senate and Frank Considine in his official capacity as treasurer, Senator Mark Kirk, Dorothy McCracken, Robert Edward Vail, The Patterson Group and Van Ness Communications violated 2 U.S.C. § 439a(b) by converting campaign funds to "personal use" through payment for a gym membership. See Heckler v. Cheney, 470 U.S. 821 (1985). 3. Find no reason to believe that Kirk for Senate and Frank Considine in his official capacity as treasurer, Senator Mark Kirk, Dorothy McCracken, Robert Edward Vail, Jr., The Patterson Group and Van Ness Communicationsviolated 2 U.S.C. § 439a(b) by converting campaign funds to "personal use" through payments for travel, meals, transportation, lodging, a dental bill, clothing, and cosmetics. 4. Find no reason to believe that Kirk for Senate and Frank Considine in his official capacity as treasurer violated 2 U.S.C. § 434(b). 5. Approve the Factual and Legal Analyses as recommended in the First General Counsel's Report dated March 8, 2013, subject to edits as previously circulated. 6. Approve the appropriate letters. 7. Close the file.

Disposition

Disposition Penalty Respondent Citation
No RTB Considine, Frank 2 U.S.C. §439a(b)
2 U.S.C. §434(b)
Kirk, Mark Steven 2 U.S.C. §439a(b)
Kirk for Senate 2 U.S.C. §439a(b)
2 U.S.C. §434(b)
Vail, Robert E. 2 U.S.C. §439a(b)
McCracken, Dorothy L. 2 U.S.C. §439a(b)
The Patterson Group 2 U.S.C. §439a(b)
Van Ness Communications, LLC 2 U.S.C. §439a(b)

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 05/01/2012 Designation of Counsel from Kirk for Senate and Frank Considine, Treasurer 32 KB
12/31/2011 Response from The Honorable Mark S. Kirk, Kirk for Senate and Paul Kilgore, Treasurer 543 KB
12/29/2011 Response from Robert E. Vail, Jr. and The Patterson Group 75 KB
12/13/2011 Grant of Extension of Time to Robert E. Vail, Jr. and The Patterson Group 25 KB
12/07/2011 Grant of Extension of Time to Dorothy L. McCracken 26 KB
12/07/2011 Request for Extension of Time from Dorothy L. McCracken 29 KB
12/07/2011 Request for Extenstion of Time from Robert E. Vail, Jr. and The Patterson Group 23 KB
12/06/2011 Grant of Extension of Time to Mark Steven Kirk 25 KB
12/06/2011 Grant of Extension of Time to Mark Steven Kirk 26 KB
12/05/2011 Designation of Counsel from Kirk for Senate and Paul Kilgore, Treasurer 28 KB
12/05/2011 Designation of Counsel and Request for Extension of Time from Kirk for Senate and Paul Kilgore, Treasurer 74 KB
12/05/2011 Designation of Counsel and Request for Extension of Time from Senator Mark Kirk 58 KB
12/02/2011 Response from Dorothy McCracken and Van Ness Communications 85 KB
11/14/2011 Complaint 903 KB
General Counsel Reports, Briefs, Notifications and Responses 07/16/2013 Notification to Kimberly Vertolli 654 KB
07/16/2013 Notification with Factual and Legal Analysis to Kirk for Senate, et al. 645 KB
07/16/2013 Notification with Factual and Legal Analysis to Van Ness Communications, et al. 634 KB
07/16/2013 Notification with Factual and Legal Analysis to The Patterson Group, et al. 633 KB
03/08/2013 First General Counsel's Report 872 KB
Certifications 07/09/2013 Kirk for Senate and Frank Considine in his official capacity as treasurer; Senator Mark Kirk; Dorothy McCracken; Robert Edward Vail, Jr.; Van Ness Communications; The Patterson Group 64 KB

Participants

Relationship Name
Primary respondent Kirk, Mark Steven
Previous respondent Considine, Frank
Kirk for Senate
McCracken, Dorothy L.
The Patterson Group
Vail, Robert E.
Van Ness Communications, LLC
Complainant Veriolli, Kimberly A.
Respondent's counsel McGinley, William J., Esq.
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