Compliance Cases Made Public

COMPLIANCE CASES MADE PUBLIC

WASHINGTON -- The Federal Election Commission has recently made public its final action on three matters previously under review (MURs). This release contains only summary information. Closed files should be thoroughly read for details, including the FEC’s legal analysis of the case. (See footnote at the end of this release.) Closed MUR files are available in the Public Records Office.

1. MURS 4322 and 4650

RESPONDENTS: (a) Joseph P. Waldholtz (PA) [4322 & 4650]

(b) Enid Greene (UT) [4322 & 4650]

(c) Dunford Forest Greene (UT) [4322 & 4650]

(d) Enid ’94, Enid Greene, treasurer (UT) [4322 & 4650]

(e) Enid ’96, Enid Greene, treasurer (UT) [4322 & 4650]

(f) F. Richard Call (UT) [4322]

(g) Keystone Promotions, Inc. (UT) [4322]

COMPLAINANTS: Michael H. Chanin, Esq., Counsel for Enid ’94 and Enid ’96 [4322]

FEC Initiated (RAD) [4650]

SUBJECT: Commingling campaign funds with personal funds; misreporting and failure to report contributions; failure to file accurate reports; corporate contribution; contributions in the names of others or permitting name to be used to effect such contributions; excessive cash contributions; accepting contributions and making expenditures in violation of limits; excessive contributions; exceeding the annual $25,000 contribution limit

DISPOSITION: (a) Conciliation Agreement: $0 civil penalty*

The Commission will forgo payment of a civil penalty, as respondent was criminally convicted and incarcerated for the activity at issue, and recognizes his continued confinement, his outstanding debts and limited financial liability. By signing the agreement, respondent represents that he has no assets or income out of which he could pay a significant monetary penalty; that his liabilities far exceed his assets; and that his income for calendar year 1998 was less than $11,000.

[re: Knowing and willful: commingling of campaign funds with personal funds; misreporting and failure to report contributions; falsely identifying contributors, thereby failing to file accurate reports; corporate contribution; contributions in the names of others; excessive contributions; excessive cash contributions; accepting contributions and making expenditures in violation of limits]

No probable cause to believe*

[re: excessive contributions; exceeding the annual $25,000 contribution limit]

(b-e) Conciliation Agreement: $100,000 civil penalty*

(b) [re: permitting name to be used/contributions in the name of others]

(c) [re: excessive contributions; exceeding the annual $25,000 contribution limit; permitting name to be used/contributions in the name of others]

(d-e) [re: failed to report numerous contributions; failure to file accurate reports; accepted contributions in violation of the limits; contributions in the names of others; failure to return excessive cash contributions; accepted corporate contribution]

(f-g) Reason to believe, but took no further action*

[re: corporate contribution]

2. MUR 4610

RESPONDENTS: Dan Hamburg for Congress Committee, Ted Loring, treasurer (CA)

COMPLAINANT: FEC Initiated (Audit)

SUBJECT: Failure to properly disclose contributor information for political committees and individuals; failure to properly and accurately disclose disbursement information; failure to satisfy recordkeeping requirements for disbursements; excessive contributions

DISPOSITION: Conciliation Agreement: $11,000 civil penalty*

[re: failure to properly disclose contributor information for political committees]

Reason to believe, but took no further action*

[re: failure to properly disclose contributor information for individuals; failure to properly and accurately disclose disbursement information; failure to satisfy recordkeeping requirements for disbursements; excessive contributions]

3. MUR 4838

RESPONDENTS: Citizens for Paul Feiner, Philip A. Feiner, treasurer (NY)

COMPLAINANT: Bernard Gomberg (NY)

SUBJECT: Disclaimers

DISPOSITION: Conciliation Agreement: $2,500 civil penalty*

*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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