| WASHINGTON
-- The Federal Election Commission has recently made public its final action on six
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 4840 |
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| RESPONDENTS: |
(a) Centennial Spirit (b) Donald Bain of Centennial Spirit
(c) Natalie Meyer of Centennial Spirit
(d) Mike Hesse
(e) Congressman Scott McInnis
(f) Campbell Victory Fund, Aaron L. Clark, treasurer
(g) Bob Greenlee for Congress Committee, Clair A. Beckmann, treasurer
(h) Friends of Scott McInnis, Dennis King, treasurer
(i) Bob Schaffer for Congress, Arthur R. Willis II, treasurer
(j) Hefley for Congress, Fredrick R. Reynolds, treasurer
(k) Tancredo for Congress Committee, Raymond Gifford, treasurer
(l) Nancy McClanahan Goes to Congress, Janice C. Perkins, treasurer |
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| COMPLAINANT: |
Phil Perington, Chair, Colorado Democratic Party |
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| SUBJECT: |
Corporate contribution; failure to report independent
expenditure; disclaimer; excessive contribution |
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| DISPOSITION: |
(a-c) Conciliation Agreement: $10,000 civil penalty* (a)
No reason to believe [re: excessive contributions]
(d) No reason to believe*
[re: any provision of the law]
(e-l) No reason to believe*
[re: corporate contribution; |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report (dated January 19,
2001); certification of vote by Commissioners (dated January 30, 2001); certification of
vote by Commissioners (dated May 12, 2003); Conciliation Agreement; receipt of payment
(dated April 10, 2003) |
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| 2. |
MUR 4850 |
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| RESPONDENTS: |
(a) Committee to Re-Elect Vito Fossella, Anthony J. Maltese,
treasurer (b) Representative Vito Fossella
(c) Frank Cretella
(d) Jack R. Anderson
(e) Salvatore Calcagno
(f) Frank Covino
(g) John McCullough
(h) William McDaid
(i) Aldo Puletti
(j) Carmine Ragucci
(k) Anthony Santo
(l) Charlene Jones
(m) D. Mark Lipton
(n) Getz Obstfeld
(o) Steven Salami
(p) Jeanne Cretella
(q) ADCO Electrical Corporation
(r) Angiuli Motors, Inc.
(s) Richard Addeo
(t) Gina Addeo
(u) Ciro Amaturo
(v) Joanne Amaturro
(w) Thomas Conte
(x) Mark File
(y) George Gasper
(z) Jordan Gatti
(aa) Louis Gandelli
(bb) Robert J. Harper
(cc) Gabrielle Miglino
(dd) Michael Miglino
(ee) Thomas Pollando
(ff) Ronald Scimone
(gg) Robert Supina
(hh) Edward Welsh
(ii) Lisa Yost
(jj) Bruce Ratner
(kk) Nelson Rockerfeller, Jr.
(ll) George Quinn
(mm) Andrew Leider
(nn) Robert Murphy
(oo) Richard Nicotra
(pp) Lois Nicotra
(qq) Ronald Purpora
(rr) George Quinn
(ss) John Sipp
(tt) Deloitte & Touche, USA, LLP |
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| COMPLAINANT: |
Eugene V. Prisco |
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| SUBJECT: |
Excessive contributions; corporate contributions;
contributions in the names of others |
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| DISPOSITION: |
(a) Conciliation Agreement: $42,000 civil penalty* Respondents
will refund the excessive and post- primary contributions to contributors totaling $73,410
and will amend their reports to reflect the proper designations and re-attributions of
contributions, disclosure or debts and refunds of excessive contributions. Respondents
shall send a representative who will have ongoing responsibility for the submissions of
its FEC disclosure reports to attend a Commission sponsored training, as a means for
educating respondents as to their reporting obligations under the Act.
No probable cause to believe*
[re: regarding the receipt of contributions from M. Lipton, G. Obstfeld, S. Salami, and
John Sipp]
No reason to believe*
[re: receipt of excessive contributions connection with the contributions from B.
Ratner and N. Rockerfeller, Jr.]
(b) No reason to believe*
[re : any provision of the Act]
(c-k) Reason to believe, but took no further action*
[re: excessive contributions]
Sent admonishment letters.
(l-o) Reason to believe, but took no further action*
[re: excessive contributions; failure to properly designate or reattribute
contributions]
Sent admonishment letters.
(p) Reason to believe, but took no further action*
[re: excessive contribution]
(q-ii) No reason to believe*
[re: corporate contributions; contributions in the name of another]
(jj-kk) No reason to believe*
[re: excessive contribution]
(ll) No reason to believe*
[re: any provision of the Act]
(mm-tt) Took no action* |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report (dated June 8, 2000);
certification of vote by Commission (dated June 20, 2000); Statement of Reasons by
Commissioners Wold, Mason and Thomas (dated July 20, 2000); General Counsel’s Report
#2 (dated February 26, 2002); certification of vote by Commission (dated March 19, 2002);
General Counsel’s Report #3 (dated June 5, 2002); certification of vote by Commission
(dated June 11, 2002); certification of vote by Commission (dated October 18, 2002);
Conciliation Agreement (Committee to Re-Elect Vito Fossella); receipt of payment (dated
October 17, 2002 and December 3, 2002) |
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| 3. |
MUR 5156 |
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| RESPONDENTS: |
(a) Mark Morton (b) Bill Liles
(c) Don Bryant
(d) Claude Riley |
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| COMPLAINANT: |
Don Dyer |
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| SUBJECT: |
Disclaimer |
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| DISPOSITION: |
(a-d) Take no action* |
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| DOCUMENTS ON PUBLIC RECORD: |
Certification of vote by Commissioners (dated December 6,
2001); Statement of Reasons by Commissioner Wold (dated March 29, 2002); Statement of
Reasons by Commissioners Mason and Smith (dated April 25, 2002) |
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| 4. |
MUR 5254 |
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| RESPONDENTS: |
(a) Hampden-Sydney College (b) Virgil Goode
(c) John Boyde |
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| COMPLAINANT: |
John S. Spence |
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| SUBJECT: |
Failure to use pre-established objective criteria for
selection of candidates for participation in debates |
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| DISPOSITION: |
(a-c) No reason to believe* |
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| DOCUMENTS ON PUBLIC RECORD: |
Certification of vote by Commissioners (dated August 27,
2002); Memo: 24-Hour Tally Request for Closing Files in MUR 5250 and 5254 (dated September
9, 2002); certification of vote Commissioners (September 10, 2002); Statement of Reason by
Commissioners Mason, Smith, Toner, McDonald and Thomas (dated |
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| 5. |
MUR 5293 |
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| RESPONDENTS: |
(a) John Dendahl, Chairman, Republican Party of New Mexico (b)
Republican Party of New Mexico, Laurie Fowler, treasurer
(c) The Green Party of New Mexico and its treasurer |
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| COMPLAINANT: |
Rebecca Vigil-Giron, Secretary of State, State of New Mexico |
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| SUBJECT: |
Excessive contribution ; contribution in the name of
another |
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| DISPOSITION: |
(a-c) No reason to believe* [re: any provision of the law] |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report (dated May 30, 2003);
corrected certification of vote by Commissioners (dated June 5, 2003) |
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| 6. |
MUR 5346 |
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| RESPONDENTS: |
(a) Committee to Re-Elect Vito Fossella, Anthony J. Maltese,
treasurer (b) Nicholas Ponzio |
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| COMPLAINANT: |
FEC Initiated (Audit) |
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| SUBJECT: |
Excessive contributions |
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| DISPOSITION: |
(a) Conciliation Agreement: $2,300 civil penalty* The
Committee shall issue refunds to the following contributors in the following amounts:
Nicholas Ponzio ($1,000) and Ely Reiss ($200).
(b) Reason to believe, but take no further action* |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report (dated June 10, 2003);
certification of vote by Commissioners (dated January 15, 2003); certification of vote by
Commissioners (dated June 10, 2003); Conciliation Agreement; letter from Vito Fossella for
Congress committee (dated June 16, 2003); receipt of payment (dated June 17, 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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