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WASHINGTON -- The Federal Election Commission has recently made public its
final action on 8 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.
| 1. |
MUR 5136 |
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RESPONDENTS: |
(a) American Federation of
Labor-Congress of Industrial Organizations (b) American Federation of
State, County and Municipal Employees
(c) Gore/Lieberman, Inc., Jose Villarreal, treasurer |
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COMPLAINANT: |
Peter Flaherty, President,
National Legal and Policy Center |
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SUBJECT: |
Union contributions;
contribution limitations for publicly funded Presidential candidates;
disclaimers |
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DISPOSITION: |
(a -c) No reason to believe*
[re: union contributions, contribution limitations for publicly
funded Presidential candidates, disclaimers] |
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DOCUMENTS ON
PUBLIC RECORD: |
First General Counsel’s Report
(dated August 21, 2003); certification of vote by Commissioners (dated
August 26, 2003) |
The Enforcement Priority System (EPS) rates all incoming cases against
objective criteria to determine whether they warrant use of the Commission’s
limited resources.
Cases dismissed under EPS fall into two categories: low-rated cases and
stale cases. Low rated cases are those that do not warrant use of the
Commission’s resources to pursue because of their lower significance
relative to other pending matters. Stale cases are those that initially
received a higher rating but have remained unassigned for a significant
period due to a lack of staff resources for effective investigation.
Effective enforcement relies upon the timely pursuit of complaints and
referrals to ensure compliance with the law. Investigations concerning
activity more remote in time usually require a greater commitment of
resources, primarily due to the fact that the evidence of such activity
becomes more difficult to develop as it ages. The utility of commencing an
investigation declines as these cases age, until they reach a point when
activation of a case would not be an efficient use of the Commission’s
resources. As cases reach this point, they are recommended for dismissal.
Dismissed -Low Rated
| 2. |
Pre-MUR409 |
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RESPONDENTS: |
(a) Boone National Bank of Burlington, Kentucky |
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COMPLAINANTS: |
Daniel P. Stipano, Deputy Chief Counsel for the
Comptroller of the Currency |
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SUBJECT: |
Bank loan not made on basis that assures repayment |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
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| 3. |
MUR 5273 |
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RESPONDENTS: |
Rocky Flash for US Congress Rocky A. Flash |
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COMPLAINANT: |
Susan A. Holtsclaw |
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SUBJECT: |
Improper listing of committee treasurer |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel''''s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
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| 4. |
MUR 5282 |
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RESPONDENTS: |
(a) The Honorable Martin T. Meehan (b) Marty Meehan
for Congress Committee, Mary Anastopoulos, treasurer
(c) Will Keyser
(d) Lori Loureiro |
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COMPLAINANT: |
Jean Inman, Chairman, Massachusetts Republican Party |
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SUBJECT: |
Use of congressional office and staff for campaign
activities |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
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| 5. |
MUR 5286 |
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RESPONDENTS: |
(a) Michael Ashe (b) D. Michael Ballard
(c) James Barret
(d) Maureen Barrett
(e) Barry W. Becker
(f) Travis Brady
(g) Laura Brady
(h) Ileana Brailsford
(i) Richard Bowler
(j) Raj Chanderaj
(k) Linda Chow
(l) Monika Czerwinski
(m) Donald Ellis
(n) T.A. Ghrist
(o) Porter for Congress, Chrissie Hastie, treasurer
(p) Ronald Hill
(q) M. Wayne Hogue
(r) Samuel Huang
(s) Stanley Hyduke
(t) Corey Jenkins
(u) Dan Laird
(v) William Laub
(w) James K. Longley
(x) James V. Longley
(y) Ingrid Michelson
(z) Steffani Paulk
(aa) Ryan Paulk
(bb) Barbara Paulk
(cc) Wanda Lamb Peccole
(dd) Donna Perez
(ee) Jon Porter, Sr.
(ff) Kimberly Becker Riggs
(gg) George Rosenbaum
(hh) Stephen Schmidt
(ii) Charlotte Seger
(jj) Dan Stewart
(kk) Lisa Sutton
(ll) Lisa Williams
(mm) Mordechai Yerushalmi |
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COMPLAINANT:
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Pamela L. Egan, Executive Director, Nevada State
Democratic Party |
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SUBJECT: |
Excessive contributions through failure to timely
reattribute, redesignate or refund |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
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| 6. |
MUR 5302 |
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RESPONDENTS: |
(a) Friends of George E. Irvin, Sr., Gerald P. Collier,
treasurer (b) Keith Mitchell |
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COMPLAINANTS:
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The Honorable Bennie Thompson |
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SUBJECT: |
Excessive contributions; failure to disclose
disbursement for rent |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
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| 7. |
MUR 5313 |
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RESPONDENTS: |
(a) Michigan Democratic State Central Committee, Roger
Winkelman, treasurer |
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COMPLAINANT:
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Rusty Hills, Chairman, Michigan Republican State
Committee |
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SUBJECT: |
Failure to report expenditures relating to Presidential
Caucus |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated July 30, 2003);
certification of vote by Commissioners (dated August 12, 2003) |
Dismissed –Stale
| 8. |
MUR 5252 |
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RESPONDENTS: |
Joanne Neft
Taxpayers'''' for Better Government, Rita Copeland, treasurer
Committee to Elect Bill Kirby, E. Ken Tokutomi, treasurer
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COMPLAINANT: |
The Honorable Rico Oller |
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SUBJECT: |
Excessive in-kind contributions; disclaimers |
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DOCUMENTS ON PUBLIC RECORD: |
General Counsel''''s Report (dated July 30, 2003);
Certification of vote by Commissioners (dated August 12, 2003) |
*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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