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Federal Election Commission | United States of America
  • Press Release

Compliance Case Made Public

December 16, 2003

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For Immediate Release
December 16, 2003		 Contact: George Smaragdis
Ron Harris
Bob Biersack
Ian Stirton
COMPLIANCE CASE MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action on one matter previously under review (MURs). This release contains only disposition information.

Specific documents placed on the public record within the following closed MURs are cited following the DISPOSITION heading. Release of these documents is consistent with the Commission''''s Statement of Policy Regarding Disclosure of Closed Enforcement and Related Files, approved December 11, 2003, pursuant to the circuit court opinion in AFL-CIO v. FEC. While the policy takes effect on January 1, 2004, the Commission has chosen to release documents corresponding to the policy in all cases closed after December 11.

1. MUR 5181  
     
  RESPONDENTS: Spirit of America PAC, Garrett Lott, treasurer

Ashcroft 2000, Garrett Lott, treasurer
  COMPLAINANTS: Alliance for Democracy, Common Cause, National Voting Rights Institute, Hedy Epstein and Ben Kjelshus
  SUBJECT: Excessive contributions; failure to report contributions
  DISPOSITION: Conciliation Agreement: $37,000 civil penalty*

Ashcroft 2000 received over $110,000 from list rental income and proceeds from the sale of accounts receivable that was earned by Spirit of America PAC. Spirit of America PAC and Ashcroft 2000, respectively, violated the Act by making and receiving this excessive contribution. Additionally, Spirit of America PAC and Ashcroft 2000, respectively, violated the Act by failing to disclose the making or receipt of the excessive contribution.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission''''s web site at http://eqs.sdrdc.com/eqs/searcheqs by entering 5181 under case number. They are also available in the FEC''''s Public Records Office at 999 E St. NW in Washington.

 

*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.