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Federal Election Commission | United States of America

FEC v. Bank One

Summary

On May 20, 1987, the United States District Court, Southern District of Ohio, Eastern Division, approved a consent order between the Commission and the defendants in FEC v. Bank One, Columbus, N.A. (Civil Action No. C2-86-1082.) Defendants were: the John Glenn Presidential Committee, Inc., William R. White, treasurer, and Senator John Glenn (Glenn Committee); and Bank One, Columbus, N.A., Ameritrust Company National Association, BancOhio National Bank and the Huntington National Bank (the Banks).

Background

The FEC alleged that $2 million in loans made by the Banks to the Glenn Committee in 1984 were not made on a basis that assured repayment and, therefore, were in violation of 2 U.S.C. §441b(a). After failing to resolve the matter through the conciliation process, the FEC filed suit in federal court on September 9, 1986, and asked the court to find that:

  • The four banks violated section 441b(a) of the election law by making prohibited contributions to the Glenn campaign; and
  • The Glenn campaign, in turn, violated section 441b(a) of the election law by accepting the contributions.

The FEC also asked the court to assess a civil penalty against each defendant amounting to the greater of $5,000 or 100 percent of the amount involved in each defendant's violation.

Consent order

The consent order contained the following:

  • For purposes of settlement of this litigation only, defendants agreed not to further contest the Commission's allegations that the making and acceptance of the loan was in violation of 2 U.S.C. §441b(a). By agreeing not to further contest the Commission's allegations, defendants did not concede that such allegations were proven by the record or could have been proven at trial.
  • In settlement of the litigation, the Glenn Committee agreed to pay $4,000 to the FEC.
  • The parties agreed to bear their own costs and fees in this matter.

Source: FEC Record— July 1987; and November 1986. FEC v. Bank One, Columbus, N.A., No. C-2-86-1082 (S.D. Ohio 1987).

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.