MUR #6857

RESPONDENTS: Gappens, Jerry; Gappens, Lucy; Horan, David A.; Marilinda Garcia for Congress; New Hampshire Speedway, Inc.; Speedway Motorsports, Inc.

COMPLAINANTS: Brouse, Lawson; Brown, Judy

SUBJECT: Contributions-Corporations

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 6857: 1. Accept the conciliation agreement with Jerry Gappens, as recommended in the Memorandum from the Acting General Counsel dated October 10, 2017. 2. Approve the appropriate letters. 3. Close the file.
The Commission decided by a vote of 5-0 to take the following actions as recommended in the Memorandum from the Acting General Counsel dated May 15, 2017: 1. Approve the Conciliation Agreement for Jerry Gappens. 2. Approve the Factual and Legal Analysis for Jerry Gappens, Speedway Motorsports, Inc., and Lucy Gappens.
The Commission failed by a vote of 2-3 to: a. Find reason to believe that Marilinda Garcia for Congress and David Horan in his official capacity as treasurer violated 52 U.S.C. § 30118(a) and 52 U.S.C. § 30104(b). b. Find reason to believe that New Hampshire Motor Speedway, Inc., violated 52 U.S.C. § 30118(a). c. Find reason to believe that Jerry Gappens violated 52 U.S.C. § 30118(a). d. Find no reason to believe that Speedway Motorsports Inc., violated 52 U.S.C. § 30118(a). e. Find no reason to believe that Lucy Gappens violated the Act in this matter. f. Close the file as to Speedway Motorsports, Inc., and Lucy Gappens. g. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated November 21, 2016, subject to the edits circulated by Commissioner Weintraub’s office on March 22, 2017 at 6:34 p.m. h. Enter into conciliation with Marilinda Garcia for Congress and David Horan in his official capacity as treasurer prior to a finding of probable cause to believe. i. Enter into conciliation with New Hampshire Motor Speedway, Inc., and Jerry Gappens prior to a finding of probable cause to believe. j. Approve the conciliation agreements as recommended in the First General Counsel’s Report dated November 21, 2016. k. Approve the appropriate letters.
The Commission decided by a vote of 5-0 to: a. Find reason to believe that Jerry Gappens violated 52 U.S.C. § 30118(a). b. Find no reason to believe that Speedway Motorsports Inc., violated 52 U.S.C. § 30118(a). c. Find no reason to believe that Lucy Gappens violated the Act in this matter. d. Close the file as to Speedway Motorsports, Inc., and Lucy Gappens. e. Approve the appropriate letters.
The Commission decided by a vote of 5-0 to: a. Enter into conciliation with Jerry Gappens prior to a finding of probable cause to believe. b. Direct the Office of General Counsel (OGC) to revise the Factual and Legal Analysis (FLA) and Conciliation Agreement to reflect that the Commission is only pursuing Jerry Gappens, and to the extent that it remains relevant, OGC will also incorporate the FLA edits circulated by Commissioner Weintraub’s Office on March 22, 2017 at 6:34 p.m. c. Close the file as to New Hampshire Motor Speedway, Inc., and Marilinda Garcia for Congress and David Horan in his official capacity as treasurer.