| 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 5019 |
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| RESPONDENTS: |
(a) Keystone Corporation (b) Keystone
Corporation Political Action Committee, Monte Miller, treasurer
(c) Friends of Jon Porter, Inc., George Swarts, treasurer
(d) Jon C. Porter, Sr.
(e) Ensign for Senate, Saundra J. Johnson, treasurer
(f) Gibbons for Congress, Robert Legoy, treasurer
(g) Stephanie Hughes
(h) Jennifer Lewis
(i) Christine Milburn
(j) John Milburn
(k) Christopher Ferrari
(l) Jennifer Lazovich
(m) Michael Cherine
(n) Jospeh Denna
(o) Robin Mercer
(p) Laurie Porter
(q) Dennis Finfrock
(r) Kay Finfrock
(s) J. Brooke Allmon
(t) Stephen McBride
(u) Linzel McBride
(v) Mike Slanker
(w) Christen Campbell
(x) Matthew Werner |
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| COMPLAINANT: |
David Plouffe, Executive Director, Democratic
Congressional Campaign Committee |
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| SUBJECT: |
Failure to properly register; failure to
allocate shared administrative and fundraising expenses; failure to report any allocable
administrative and fundraising expenses; failure to pay allocable expenses from federal
account; failure to report any administrative or fundraising expenses; failure to timely
file notice of multi-candidate committee status; failure to timely file disclosure
reports; failure to timely file an amended Statement of Organization; excessive
contributions; earmarking |
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| DISPOSITION: |
(a-b) Conciliation Agreement: $11,000 civil
penalty* Respondents will cease and desist all activities that caused the violations,
will file Schedules H1,H2 and H4 for 1998, 2000 and 2002 election cycles and will amend
its 1998 30 Day Post-General Election report. Respondents will reimburse the State
committee $4,917 representing the outstanding federal share of the allocable expenses that
were paid by the non-federal account.
(c) No reason to believe*
[re: earmarking]
Took no action*
[re: with regard to the allegation of accepting an excessive contribution from Keystone
Corp. Political Action Committee]
(d) No reason to believe*
[re: earmarking]
(e) Took no action*
[re: with regard to the allegation of accepting an excessive contribution from Keystone
Corp. Political Action Committee]
(f) No reason to believe*
[re: excessive contributions]
(g-x) No reason to believe
[re: earmarking] |
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| DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report #3; certification
of vote by Commissioners (dated May 29, 2002); certification of vote by Commissioners
(dated August 27, 2002); Conciliation Agreement (Keystone Corporation and Keystone PAC);
receipt of payment (dated October 3, 2002); First General Counsel’s Report;
certification of vote by Commissioners (dated March 6, 2001); Memorandum (dated April 3,
2001 – Subject: Resubmission of Factual and Legal Analyses and Additional
Recommendations); certification of vote by Commissioners (dated April 6, 2001) |
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| 2. |
MUR 5236 |
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| RESPONDENTS: |
(a) Oakland Democratic Campaign Committee, David
Woodward, treasurer (b) Troy Democratic Club, Timothy DeWan, treasurer |
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| COMPLAINANTS: |
FEC Initiated |
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| SUBJECT: |
Failure to correctly itemize shared
administrative expenses; failure to correctly identify purpose of disbursement; failure to
comply with reporting requirement with regard to bingo accounts; failure to correctly
disclose financial activity on its bingo accounts; failure to properly deposit all of its
receipts; failure to properly itemize disbursements; failure to correctly disclose
financial activity on their regular account; receipt of prohibited contributions; use of
prohibited funds |
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| DISPOSITION: |
(a) Conciliation Agreement: $25,000 civil
penalty* (b) Reason to believe, but took no further action*
[re: use of prohibited funds] |
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| DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report #2; certification
of vote by Commissioners (dated June 26, 2002); Conciliation Agreement (Oakland Democratic
Campaign Committee), receipt of payment (dated August 5, 2002); certification of vote by
Commissioners (dated August 19, 2002) |
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| 3. |
MUR 5263 |
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| RESPONDENTS: |
Florio for Senate Committe, Inc., George R.
Zoffinger, treasurer |
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| COMPLAINANTS: |
FEC Initiated |
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| SUBJECT: |
Excessive contributions |
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| DISPOSITION: |
Conciliation Agreement: $75,000 civil penalty* |
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| DOCUMENTS ON PUBLIC RECORD: |
Conciliation Agreement; certification of vote by
Commissioners (dated October 15, 2002) |
*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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