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  • Press Release

Compliance Cases Made Public

April 26, 2005

For Immediate Release
April 26, 2005
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
COMPLIANCE CASES MADE PUBLIC
 

WASHINGTON -- The Federal Election Commission has recently made public its final action on a two matters previously under review (MURs). This release contains only disposition information.

1. MUR 5461  
     
  RESPONDENTS:

(a)   Fan_the_Vote.com

(b)   John Kerry for President, Robert Farmer, treasurer

(c)   MoveOn PAC, Wesley Boyd, treasurer

(d)   MoveOn.org Voter Fund, Neil Reiff, treasurer
  COMPLAINANT:

Markham S. Pyle

  SUBJECT: Coordination with candidates/coordinated expenditures; foreign national contributions
  DISPOSITION:

(a-d)  Dismiss the complaint.

          The complaint alleged that a community of website users calling itself Fan the Vote (FTV) had been created for the purpose of offering things of value in exchange for campaign contributions to John Kerry for President committee and MoveOn PAC in violation of the Act. In addition, the complaint stated that FTV violated the Act by encouraging foreign nationals to evade the Act’s restrictions on making contributions. The General Counsel’s office recommended that the Commission exercise its prosecutorial discretion and dismiss the complaint for lack of sufficient information to support reason to believe findings against the respondents on a coordination theory and foreign national contributions. The Commission voted unanimously to adopt this recommendation. Chairman Thomas, Vice Chairman Toner and Commissioners Mason, McDonald and Weintraub issued a Statement for the Record.

  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission''''s web site at http://www.fec.gov by entering 5461 under case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.

     
2. MUR 5643  
     
  RESPONDENTS:

(a)   Carter’s Inc.

(b)   Frederick Rowan, Chairman and CEO, Carter’s Inc.

(c)   Michael Casey, Executive Vice President- Finance and CFO, Carter’s Inc.

(d)  Charles Whetzel, Executive Vice President – Global Sourcing, Carter’s Inc.

(e)  David Brown, Executive Vice President – Operations, Carter’s Inc.
  COMPLAINANT:

Sua sponte

  SUBJECT: Corporate contributions; contributions in the name of another
  DISPOSITION:

(a-e)   Conciliation Agreement $8,000 civil penalty*

            Carter’s Inc. and four of its senior corporate officers, filed a sua sponte submission with the Federal Election Commission disclosing that the corporation reimbursed the four executives a total of $8,000, which in fact were eight separate $1,000 contributions from the executives and their wives to Chamblis for Senate. The individual Respondents have each repaid Carter’s for the prior reimbursement of contributions made through their tickets and their spouse’s tickets to the fundraiser. Carter’s took remedial action by reissuing corporate policies prohibiting the reimbursement of political contributions. The Commission found reason to believe that the Respondents had violated the Act and conciliated with the Respondents.

  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission''''s web site at http://www.fec.gov by entering 5643 under the case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.

*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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