MUR #7613
ZEKELMAN INDUSTRIES, INC.Summary
RESPONDENTS: Zekelman Industries, Inc.; America First Action, Inc.; Proch, Jon; Schagrin, Roger B.; Wheatland Tube, LLC; Zekelman, Barry
COMPLAINANTS: Campaign Legal Center; Christ, Margaret; Fischer (CLC), Brendan M.
SUBJECT: Committees-PAC; Contributions-Prohibited; Foreign Nationals
DISPOSITION: The Commission decided by a vote of 5-1 to take the following actions in MUR
7613:
1. Accept the conciliation agreement, as recommended in the Memorandum to the
Commission dated March 29, 2022.
2. Take no further action as to Barry Zekelman, American First Action, Inc., and Jon Proch in his official capacity as treasurer, and Roger Schagrin.
3. Approve the appropriate letters.
4. Close the file.
The Commission failed by a vote of 3-3 to:
a. Enter into pre-probable cause conciliation with Zekelman Industries, Inc., Wheatland Tube, LLC, and Barry Zekelman prior to a finding of probable cause to believe.
b. Approve the proposed conciliation agreement, as recommended in the Second General Counsel’s Report dated September 22, 2021.
c. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to:
a. Enter into pre-probable cause conciliation with Zekelman Industries, Inc., Wheatland Tube, LLC, and Barry Zekelman prior to a finding of probable cause to believe.
b. Approve the proposed conciliation agreement, as recommended in the Second General Counsel’s Report dated September 22, 2021, subject to the revision last circulated by Commissioner Cooksey’s Office on Wednesday, November 24, 2021 at 8:46 a.m. . . . REDACTED . . .
c. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to:
1. Find reason to believe that Wheatland Tube, LLC, Zekelman Industries, Inc., and Barry Zekelman violated 52 U.S.C. § 30121(a)(1)(A).
2. Take no action at this time as to Roger Schagrin.
3. Approve the Factual and Legal Analysis for the Zekelman entities, as recommended in the First General Counsel’s Report dated February 14, 2020 and as last circulated by Vice Chair Dickerson’s Office on July 29, 2021 at 9:57 a.m.
4. Authorize the use of compulsory process.
5. Approve the appropriate letters.
The Commission failed by a vote of 3-3 to:
a. Find reason to believe that Wheatland Tube, LLC, Zekelman Industries, Inc., and Barry Zekelman violated 52 U.S.C. § 30121(a)(1)(A).
b. Find no reason to believe that America First Action, Inc., and Jon Proch in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2).
c. Dismiss the allegation that Zekelman Industries, Inc., violated 52 U.S.C. § 30121(a)(2) and 11 C.F.R. § 110.20(g).
d. Take no action at this time as to Roger Schagrin.
e. Approve the Factual and Legal Analyses circulated by Vice Chair Dickerson’s Office on July 14, 2021 at 3:21 p.m.
f. Authorize compulsory process.
g. Approve the appropriate letters.
The Commission failed by a vote of 3-3 to:
a. Find reason to believe that Wheatland Tube, LLC, Zekelman Industries, Inc., and Barry Zekelman violated 52 U.S.C. § 30121(a)(1)(A).
b. Find reason to believe that America First Action, Inc., and Jon Proch in his official capacity as treasurer violated 52 U.S.C. § 30121(a)(2).
c. Take no action at this time regarding the allegation that Zekelman Industries, Inc., violated 52 U.S.C. § 30121(a)(2).
d. Find reason to believe that Roger Schagrin violated 52 U.S.C.§ 30121(a)(1).
e. Approve the Factual and Legal Analysis circulated by the Office of General Counsel for American First Action.
f. Direct the Office of General Counsel to draft an appropriate Factual and Legal Analysis consistent with these finding in the remaining respondents.
g. Authorize the use of compulsory process.
h. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Take No Further Action | Proch, Jon | 52 U.S.C. §30121(a)(2) | |
Zekelman, Barry | 52 U.S.C. §30121(a)(1)(A) | ||
America First Action, Inc. | 52 U.S.C. §30121(a)(2) | ||
Schagrin, Roger B. | 52 U.S.C. §30121(a)(2) |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Zekelman Industries, Inc. |
Previous respondent | America First Action, Inc. |
Proch, Jon | |
Schagrin, Roger B. | |
Wheatland Tube, LLC | |
Zekelman, Barry | |
Complainant | Campaign Legal Center |
Christ, Margaret | |
Fischer (CLC), Brendan M. | |
Respondent's counsel | Sowards Newton, Megan |
Spies, Charles "Charlie" R. | |
Spulak, Thomas J., Esq. |