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  • Press Release

Compliance Cases Made Public

April 14, 2005

For Immediate Release
April 14, 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 three matters previously under review (MURs). This release contains only disposition information.

1. MUR 5475  
     
  RESPONDENTS:

(a)   Nader for President 2004, Carl M. Mayer, treasurer

(b)   Theresa Amato

(c)   Citizen Works
  COMPLAINANT:

Citizens for Responsibility and Ethics in Washington (CREW)

  SUBJECT: Corporate contributions; failure to report contributions
  DISPOSITION:

(a-c)   No reason to believe*

            The complaint alleged that Citizen Works made corporate contributions to Nader by subleasing its office space to the committee for half the fair market value. The complaint also stated that the Nader committee shared a staff member, facilities and equipment without compensation. Mr. Nader responded that it leased half the office space but paid slightly more than half the rent, it received no rent subsidy from Citizen Works.  The response stated that the committee paid for its own computers, office supplies, internet connection, facsimile telecopier and provided a telephone bill that it paid for the telephone line. Because the response refutes the complaint’s allegations the Commission found no reason to believe that the respondents violated the Act.

  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission''''s web site at http://www.fec.gov by entering 5475 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 5509  
     
  RESPONDENTS:

(a)   Kerry-Edwards 2004, Inc., Robert Farmer, treasurer

(b)   2004 Democratic National Convention Committee, Inc.,Andrew Tobias, treasurer

(c)   Democratic National Committee, Andrew Tobias, treasurer
  COMPLAINANT:

Lenora B. Fulani, President, Committee for a Unified Independent Party

  SUBJECT: Misuse of public funds, ballot access
  DISPOSITION:

(a-c)   No reason to believe*

            The complaint alleged that two publicly funded political committees improperly used their public funds to keep Ralph Nader off the ballot and the respondents violated “civil right statutes” by discouraging Nader voters. The complaints cite newspaper articles which report that various individuals coordinated an effort by national party lawyers to challenge Nader ballot petitions in various states. The Respondents responses focused on the insufficiency of evidence in the allegations. The Commission, given the lack of specificity of the complaint, found no reason to believe that the respondents violated the Act with regard to the use of public funds. The Commission has no jurisdiction in the area of civil rights violations, thus no findings are warranted.

  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission''''s web site at http://www.fec.gov by entering 5509 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.

     
3. MUR 5565  
     
  RESPONDENTS:

(a)   Swift Boat Vets and POWs for Truth

(b)   Roy Hoffman, Chairman

(c)   John O’Neill, Co-Chairman

(d)  Weymouth Symmes, Treasurer

(e)   Alvin A. Horne, Secretary
  COMPLAINANT:

Harry Sherr

  SUBJECT: Corporate contributions
  DISPOSITION:

(a-e)   No reason to believe*             The complaint alleged that Swift Boat Vets and POWS for Truth (“Swift Boat Vets”) is a corporate entity and made disbursements for electioneering communications. The Swift Boat Vets amended all of its electioneering communications reports and changed its designation to an unincorporated organization. The Swift Boat Vets response stated that the original designation was inadvertent. A search of public records confirms the Swift Boat Vets has not been incorporated, therefore the Commission found there was no reason to believe the respondents violated the Act.

  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission''''s web site at http://www.fec.gov by entering 5565 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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