| WASHINGTON -- The Federal Election Commission has recently made public
its final action on three matters previously under review (MURs). 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 5238 |
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| RESPONDENTS: |
(a) Schumer ’98, Steven D. Goldenkranz,
treasurer (b) Heidi Miller
(c) Gretchen Burke
(d) Ken Cayre
(e) Ivan Kaufman
(f) Steve E. Zakheim
(g) B.J. Lind
(h) Harold Fetner
(i) Michael Fuchs
(j) Howard Rubin
(k) Bruckner Plaza Associates
(l) Constantine Village Associates
(m) Puck Associates
(n) Q. E. M. Associates
(o) Quail Ridge Associates
(p) Wallkill Apartments Associates, LP |
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| COMPLAINANT: |
FEC Initiated (Audit) |
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| SUBJECT: |
Excessive contributions; failure to file 48-hour
reports; misreporting of joint fundraiser expenses; failure to report in-kind contribution |
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| DISPOSITION: |
(a) Conciliation Agreement: $130,000 civil
penalty* Respondents will refund a portion of the contribution amount from 77 individual
donors and two partnerships, totaling $120,455.
(b) Conciliation Agreement: $2,000 civil penalty
(c) Conciliation Agreement: $1,800 civil penalty
(d) Conciliation Agreement: $1,500 civil penalty
(e) Conciliation Agreement: $1,500 civil penalty
(f) Conciliation Agreement: $1,500 civil penalty
(g) Conciliation Agreement: $ 500 civil penalty
(h-p) Reason to believe, but took no further action*
[re: excessive contributions] |
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| DOCUMENTS ON PUBLIC RECORD: |
Certification of vote by Commissioners (dated
March 8, 2002); Conciliation Agreement (Miller – dated January 31, 2002); receipt of
payment (Miller – dated March 31, 2002); Conciliation Agreement (Lind); receipt of
payment (Lind dated February 12, 2002); certification of vote by Commissioners (dated
March 13, 2002); Conciliation Agreement (Zakheim – dated March 5, 2002); receipt of
payment (Zakheim – dated March 5, 2002); General Counsel’s Report #4 (dated
August 5, 2002); certification of vote by Commissioners (dated August 9, 2002);
Conciliation Agreement (Burke); receipt of payment (dated June 18, 2002); Conciliation
Agreement (Cayre – dated July 15, 2002); Conciliation Agreement (Kaufman); receipt of
payment (Kaufman – dated July 18, 2002); General Counsel’s Report #6 (dated
February 27, 2003); certification of vote by Commissioners (dated March 4, 2003);
Conciliation Agreement (Schumer); Memo – Supplemental to General Counsel’s
Report #6 (dated March 10, 2003); Memo – Supplemental to General Counsel’s
Report #6 (dated March 12, 2003); receipt of payment (Schumer – dated April 15, 2003) |
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| 2. |
MUR 5337 |
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| RESPONDENTS: |
(a) First Consumers National Bank (b) Gregory
Aube, former President, First Consumers Bank |
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| COMPLAINANT: |
FEC Initiated |
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| SUBJECT: |
Facilitation of national bank contributions |
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| DISPOSITION: |
(a-b) Conciliation Agreement: $16,500 civil
penalty* |
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| DOCUMENTS ON PUBLIC RECORD: |
Conciliation Agreement; certification of vote by
Commissioners (dated March 6, 2003); General Counsel’s Report #4 (dated March 3,
2003) |
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| 3. |
MUR 5348 |
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| RESPONDENTS: |
(a) A. G. Condon, Jr. (b) Robert P. Condon
(c) Bob Condon for Congress, Robert P. Condon, treasurer |
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| COMPLAINANT: |
FEC Initiated |
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| SUBJECT: |
Excessive contributions; failure to accurately
report contributions and the date of a disbursement; failure to report status of a loan |
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| DISPOSITION: |
(a-c) Conciliation Agreement: $6,000 civil
penalty* |
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| DOCUMENTS ON PUBLIC RECORD: |
Conciliation Agreement; certification of vote by
Commissioners (dated March 28, 2003) |
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*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. |
