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Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
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.
1.
MUR 4999
RESPONDENTS:
(a) Edward M. Bernstein
(b) Edward M. Bernstein and Associates, Inc.
(c) A Lot of People Supporting Ed Bernstein, Michael W.
Kern, treasurer
The respondents violated the Act by making or receiving
prohibited in-kind contributions by coordinating certain advertising
expenditures.
(d-f) No reason to believe*
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
4999
under case number. They are also available in the FECs
Public Records Office at 999 E St. NW in Washington.
2.
MUR 5392
RESPONDENTS:
(a) General Wesley K. Clark
(b) Clark for President, Dorian V. Weaver, treasurer
(c) The Richard C. Levitt Family Lecture Endowment Fund
(d) The University of Iowa Foundation
(e) The University of Iowa
(f) The University of Iowa College of Law
COMPLAINANTS:
Michael R. Davis
Jason R. Cole
Annette Steward
SUBJECT:
Excessive contribution
DISPOSITION:
(a-f) No reason to believe*
The complaints alleged that Wesley Clark violated the
law in connection with a public lecture given by him on the University’s
campus two days after he announced his candidacy. They claimed by
attending a political event off campus prior to his lecture and
criticizing the President during the lecture changed the character of
General Clark’s appearance from academic discussion to one that was for
the purpose of influencing a Federal election and by accepting payment
from the University for this lecture, General Clark received, and the
University respondents made, a contribution prohibited by the Act. The
Commission found there was no reason to believe that the respondents
violated the Act.
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
5392 under case number. They are also available in the FECs 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.
