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Federal Election Commission | United States of America
  • Press Release

Compliance Case Made Public

June 13, 2003

News Releases, Media Advisories

For Immediate Release
June 13, 2003		 Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
COMPLIANCE CASE MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action on a matter previously under review (MUR). This release contains only disposition information.

Specific released documents placed on the public record within the following closed MURs are cited following DISPOSITION heading. Release of these documents is consistent with the district court opinion in the December 19, 2001, decision of AFL-CIO v. FEC, now on appeal to the D.C. Circuit Court of Appeals. Once an appellate decision is rendered, the Commission will review documents related to cases released in the interim.

1. MUR 5138
RESPONDENTS: (a) Ferguson for Congress, William Morrison, treasurer

(b) Representative Michael Ferguson

(c) Thomas and Roberta Ferguson

(d) Mike Ferguson for Congress (1998 Committee), James J. Flannery, treasurer

(e) Dan Quinonez
COMPLAINANT: Thomas P. Giblin, Chairman, New Jersey Democratic State Committee
SUBJECT: Excessive contributions; improperly reporting contributions as loans
DISPOSITION: (a-c) Conciliation Agreement: $210,000 civil penalty*

(d) Reason to believe, but closed the file*

[re: excessive contributions]

(e) No reason to believe

[re: any provision of the Act]
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated February 8, 2002); Certification of vote by the Commission (dated February 20, 2002); General Counsel’s Report #4 (dated May 23, 2003); Certification of vote by the Commission (dated June 11, 2003); Conciliation Agreement; Statement of reasons of Commissioners Smith and Toner;

 

*There are four administrative stages to the FEC enforcement process:

1. Receipt of proper complaint 3. "Probable cause" stage
2. "Reason to believe" stage 4. Conciliation stage

 

It requires the votes of at least four of the six Commissioners to take any action. The FEC can close a case at any point after reviewing a complaint. If a violation is found and conciliation cannot be reached, then the FEC can institute a civil court action against a respondent.

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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.