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  • 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
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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