Compliance Cases Made Public

1.

MUR 5430

RESPONDENT:

Buchanan for President, Inc., Angela M. “Bay” Buchanan, treasurer

COMPLAINANT:

FEC Initiated (RAD)

SUBJECT:

Excessive contributions; failure to designate a campaign depository with respect to the Buchanan Fund account; failure to deposit receipts into and make disbursements from a checking account in a designated campaign depository; failure to comply with reporting requirements

Conciliation Agreement: $35,000 civil penalty*

Respondent, will amend the reports and schedules of Buchanan for President, Inc. to reflect the activity of the Buchanan Fund and the Commission will supply her with information to enable her to comply with this obligation.

This matter was generated by the FEC Audit Division’s referral to the General Counsel’s Office for violations of the Federal Election Campaign Act. The Audit staff discovered an account, previously unknown to the Commission, entitled the “Buchanan Fund,” during the audit of Buchanan Reform Inc. (BRI), Patrick J. Buchanan’s principal campaign committee for President in 2000. The Buchanan Fund was a federal account of “Buchanan for President, Inc.,” which was Mr. Buchanan’s 1996 presidential primary committee. The Buchanan Fund account contributors were subject to the contribution limitations for the 1996 election cycle, and some contributors exceeded these limitations. Neither the BRI Committee or the 1996 Buchanan Primary Committee reported the Buchanan Fund account receipt and disbursement activity. The Commission conciliated with the Committee and closed the file. A Statement of Reasons was issued by Commissioner Weintraub.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5430 under case number in the Enforcement Query System.  They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.

2.

MUR 5632

RESPONDENTS:

(a)   Iosco County Republican Party (ICRP)

(b)   Bush–Cheney ’04 Inc., David Herndon, treasurer

COMPLAINANT:

Mark Brewer

SUBJECT:

In-kind contribution, disclaimer, failure to report independent expenditure

(a-c)     No reason to believe*

            [re: in-kind contribution]

            Dismiss the remaining allegations.

(a)        No reason to believe*

            [re: failure to report independent expenditure]

The complaint alleged that the ICRP violated the Act by placing political advertisements in the Oscoda Press. The complaint further stated that the advertisements constituted improper in-kind contributions to Bush-Cheney ’04 as well as Don Hooper for Congress; failed to include an appropriate disclaimer; and failed to properly report the expenditures for the advertisement as required. In its response, ICRP denied all of the allegations in the complaint. Since the complaint lacks specific allegations, the Commission found no reason to believe the ICRP violated the Act by making an in-kind contribution to either Bush-Cheney ’04 or Don Hooper for Congress. The Commission found no reason to believe the ICRP violated the Act for failing to report the independent expenditure because the advertisement did not meet the $250 threshold for the Act’s reporting requirement. The Commission decided to exercise its prosecutorial discretion and dismiss the remaining allegations due to the modest amount paid for the advertisement and ICRP ’s limited federal activity and resources.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5632 under case number in the Enforcement Query System.  They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.