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Federal Election Commission | United States of America
  • Press Release

Compliance Cases Made Public

October 9, 2002


For Immediate Release
October 9, 2002		 Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
COMPLIANCE CASES MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action on 14 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 4538
RESPONDENTS: (a) Alabama Republican Party, Timothy R. Baer, treasurer

(b) Boston Capital Corporation

(c) Herbert F. Collins, Chairman of Board of Directors, Boston Capital Corporation

(d) Gateway Management Corporation f/k/a American Investment Management, Inc.

(e) Allan Rappuhn, President and Sole Director, Gateway Management

(f) Parker for Congress, Stan McDonald, treasurer

(g) Wayne Parker, Jr.

(h) Honorable William R. Archer, Jr.

(i) David Gasson
COMPLAINANT: Honorable Robert "Bud" Cramer
SUBJECT: Failure to pay allocable expenses from federal account; failure to report the federal and non-federal portions of allocable expenses; excessive contributions; corporate contributions; use of non-federal funds; corporate facilitation of contributions; improper earmarking
DISPOSITION: (a) Conciliation Agreement: $10,000 civil penalty*

[re: failure to pay allocable expenses from federal account; failure to report the federal and non-federal portions of allocable expenses]

Reason to believe, but took no further action*

[re: excessive contributions; corporate contributions; use of non-federal funds]

Take no action*

[re: with regard to allegation of improper earmarking]

(b-c) Conciliation Agreement: $10,000 civil penalty*

[re: corporate facilitation of contributions]

Take no action*

[re: with regard to allegation of improper earmarking]

(d-e) Conciliation Agreement: $1,800 civil penalty*

[re: corporate contributions/corporate facilitation]

Take no action*

[re: with regard to allegation of improper earmarking]

(e) Reason to believe, but took no further action*

[re: excessive contribution]

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

[re: coordination allegations]

Took no action*

[re: improper earmarking]

(g) No reason to believe*

[re: any provision of the Federal Election Campaign Act or Commission regulations]

(h) Took no action*

[re: improper earmarking]

(i) Took no action*
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #2; certification of vote by Commissioners (dated March 22, 2000); Conciliation Agreement (Gateway Management Corporation); certification of vote by Commissioners (dated June 5, 2000); certification of vote by Commissioners (dated July 13, 2000); Conciliation Agreement (Boston Capital Corporation); General Counsel’s Report #8; certification of vote by Commissioners (dated September 19, 2001); certification of vote by Commissioners (dated September 19, 2001); certification of vote by Commissioners (October 22, 2001); Conciliation Agreement (The Alabama Republican Party); Statement of Reasons by Commissioners Mason and Smith; Statement of Reasons by Commissioner Sandstrom
2. MUR 4624
RESPONDENTS: (a) The Coalition and its treasurer

(b) United States Chamber of Commerce

(c) Associated Builders and Contractors

(d) National Federation of Independent Businesses

(e) Associated General Contractors of America

(f) National Restaurant Association

(g) Business Leadership Council

(h) National Association of Manufacturers

(i) Environmental Industry Associations

(j) National Association of Wholesaler – Distributors

(k) Food Distributors International

(l) Americans for Tax Reform

(m)International Franchise Association

(n) Citizens for a Sound Economy

(o) International Mass Retail Association, Inc.

(p) American Bakers Association

(q) National Association of Convenience Stores

(r) American Furniture Manufacturers Association

(s) National Association of Independent Insurers

(t) The American Insurance Association

(u) National Council of Chain Restaurants

(v) American Petroleum Institute

(w) National Paper Trade Association

(x) American Trucking Associations, Inc.

(y) Association for Suppliers of Printing and Publishing Technologies f/k/a/ National Printing Equipment and Supply Association

(z) American Wholesale Marketers Association

(aa) National Retail Federation, Inc.

(bb) National Roofing Contractors Association

(cc) Printing Industries of America, Inc./Master Printers of America

(dd) Bruce Josten, an officer of the United States Chamber of Commerce

(ee) National Republican Congressional Committee, Donna Singleton, treasurer

(ff) Jon Christensen for Congress Committee, Gene Garrelts, treasurer

(gg) Cubin for Congress, Richard Bratton, treasurer

(hh) Cremeans for Congress, Steven B. Chapman, treasurer

(ii) Gutknecht for US Congress Committee, Dr. David Byer, treasurer

(jj) Nethercutt for Congress ’96, Lowell V. Ruen, treasurer

(kk) Seastrand ’96, Betty Presley, treasurer

(ll) Randy Tate for Congress Committee, Kevin Shannon, treasurer

(mm) Citizens for Walsh, Kimberly Reynolds Crockett, treasurer

(nn) Tate for Congress, Anne M. Coulter, treasurer

(oo) Bass Victory ’98 Committee, Alexander Bass, treasurer

(pp) Van Hilleary for Congress, Bob Nichols, treasurer

(qq) Peter Blute for Congress, Susan Copeland, treasurer

(rr) Friends of John Hostettler, Timothy R. Deisher, treasurer

(ss) Friends of Jim Bunn, Jim Hall, treasurer

(tt) Longley for Congress, ’96, Richard B. Gosselin, treasurer

(uu) Steven J. Chabot for Congress, Donald B. Bush, treasurer

(vv) Friends of Jack Metcalf, Frank McCord, treasurer

(ww) Chambliss for Congress, David R. Tyndall, treasurer

(xx) Neumann for U.S. Senate, Diana McKaia, treasurer

(yy) Chenoweth for Congress Committee, Richard W. Jackson, treasurer

(zz) Bob Ney for Congress, Cynthia L. Fregiato, treasurer

(ab) Dick Chrysler for Congress, Mark Burzych, treasurer

(ac) Norwood for Congress, Abram J. Serotta, treasurer

(ad) Tom Coburn for Congress Committee, Wade A. Stubbs, treasurer

(ae) Frank Riggs for Congress, Daniel Christensen, treasurer

(af) People for English Committee, Edward E. Smith, treasurer

(ag) Friends of Steve Stockman, John Hart, treasurer

(ah) John Ensign for U.S. Senate, Linzel McBride, treasurer

(ai) Todd Tiahrt for Congress, George Bruce, treasurer

(aj) Fox for Congress Committee, Frank W. Jenkins, treasurer

(ak) Citizens for Peter Torkildsen Committee, Edward P. McGuire, treasurer

(al) Franks for Congress, Martin Barber, treasurer

(am) Walsh for Congress Committee, Edward J. Moran, treasurer

(an) Funderburk for Congress ’96, Donald Schroeder, treasurer

(ao) Friends of Rick White, Dawna Munson, treasurer

(ap) People for Ganske, Steve Irwin, treasurer

(aq) Whitfield for Congress Committee, E. O. Whitfield, treasurer

(ar) Committee to Re-elect J. D. Hayworth, Richard Yee, treasurer

(as) Friends of Franks, Gary Franks, treasurer

(at) Republican National Committee, Alex Poitevint, treasurer

(au) National Policy Forum

(av) Thursday Group

(aw) Tarrance Group

(ax) Brian Tringali

(ay) Alejandro Castellanos

(az) Charles Greener

(ba) Representative John Boehner

(bc) Representative Jon Christensen

(bd) Representative Barbara Lynn Cubin

(be) Representative Gilbert W. Gutknecht

(bf) Representative Frank Riggs

(bg) Representative Rick White
COMPLAINANTS: B.J. Thornberry, Executive Director, Democratic National Committee
SUBJECT: Corporate contributions; disclaimers
DISPOSITION: (a-cc) Reason to believe, but took no further action*

[re: corporate contributions; disclaimers]

(dd-ll) Reason to believe, but took no further action*

[re: corporate contributions]

(mm-nn) No reason to believe*

[re: any provision of the Federal Election Campaign Act or Commission regulations with regard to this matter]

(oo-bg) Take no action*

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report; certification of vote by Commissioners (dated June 9, 1998); General Counsel’s Report (dated April 23, 2001); certification of vote by Commissioners (May 17, 2001); Statement of Reasons by Commissioner Sandstrom; Statement of Reasons by Commissioners Thomas and McDonald; Statement of Reasons by Commissioner Smith
3. MUR 4825
RESPONDENTS: (a) A Lot of People Who Want Gex Williams in Congress Committee, Daryl Wolking, treasurer

(b) Gex Williams

(c) Dr. Arthur Nitz
COMPLAINANT: Dennis Repenning, Esq.
SUBJECT: Excessive contribution
DISPOSITION: (a-c) Reason to believe, but took no further action*
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #3, certification of vote by Commissioners (dated March 20, 2002)
4. MUR 4981
RESPONDENTS: (a) Citizens for Claspill for Congress

(b) Paul Brown

(c) James L. Claspill, acting treasurer

(d) Media Magic Public Relations

(e) John W. Ballinger

(f) William E. Maritz

(g) Ann Tretter
COMPLAINANT: National Republican Congressional Committee
SUBJECT: Accurate reporting of receipts and disbursements
DISPOSITION: (a) Reason to believe, but took no further action*

[re: (knowing and willful) falsely reporting campaign contributions and failing to itemize a candidate contribution and/or loan]

Reason to believe, but took no further action*

[re: failing to itemize expenditures]

Citizens for Claspill for Congress committee will be administratively terminated.

(b) Reason to believe, but took no further action*

[re: (knowing and willful) falsely reporting campaign contributions and failing to itemize a candidate contribution and/or loan]

(c) Reason to believe, but took no further action*

[re: falsely reporting campaign contributions and failing to itemize a candidate contribution and/or loan; failing to itemize expenditures]

(d-g) No reason to believe*

[re: any provision of the Act]
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report; corrected certification of vote by Commissioners (dated February 28, 2001); General Counsel’s Report #4; certification of vote by Commissioners (dated September 10, 2002)
5. MUR 5246
RESPONDENTS: California State Republican Party, Douglas R. Boyd, Sr., treasurer
COMPLAINANT: FEC Initiated
SUBJECT: Failure to locate prior written authorization from the RNC to spend any amount of the RNC’s coordinated expenditure limit; excessive contributions
DISPOSITION: Conciliation Agreement: $12,000 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners (dated July 3, 2002)

 

The Enforcement Priority System (EPS) rates all incoming cases against objective criteria to determine whether they warrant use of the Commission’s limited resources.

Cases dismissed under EPS fall into two categories: low-rated cases and stale cases. Low rated cases are those that do not warrant use of the Commission’s resources to pursue because of their lower significance relative to other pending matters. Stale cases are those that initially received a higher rating but have remained unassigned for a significant period due to a lack of staff resources for effective investigation. Effective enforcement relies upon the timely pursuit of complaints and referrals to ensure compliance with the law. Investigations concerning activity more remote in time usually require a greater commitment of resources, primarily due to the fact that the evidence of such activity becomes more difficult to develop as it ages. The utility of commencing an investigation declines as these cases age, until they reach a point when activation of a case would not be an efficient use of the Commission’s resources. As cases reach this point, they are recommended for dismissal.

 

Dismissed—Low Rated
6. MUR 5242
RESPONDENTS: Michigan Democratic State Central Committee, Roger Winkelman, treasurer
COMPLAINANTS: Rusty Hills, Chair, Michigan Republican State Central Committee
SUBJECT: Failure to accurately itemize receipts
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
7. MUR 5243
RESPONDENTS: Oberweis for U.S. Senate, Inc, Richard Hawkes, treasurer

Oberweis Dairy, Inc.
COMPLAINANT: Steven A. Leahy, Chief Counsel, Republican Assembly of Illinois
SUBJECT: Corporate contribution
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
8. MUR 5244
RESPONDENTS: Skorski for Congress, Seth E. Shulman, treasurer
COMPLAINANT: Steven Castleton
SUBJECT: Failure to accurately report the name of treasurer
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
9. MUR 5257
RESPONDENTS: (a) The State of Florida

(b) Republican Party of Florida

(c) Tom Feeney for Congress, Nancy Watkins, treasurer

(d) Tom Feeney

(e) Bridget Gregory
COMPLAINANTS: Bob Poe, Chairman, Florida Democratic Party
SUBJECT: Use of state funds for federal election/use of state employees for federal election
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
10. MUR 5258
RESPONDENTS: (a) The State of Florida

(b) Tom Feeney for Congress, Nancy Watkins, treasurer

(c) Tom Feeney

(d) Bridget Gregory
COMPLAINANT: Eugene Danaher
SUBJECT: Use of state funds for federal election/use of state employees for federal election
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)

 

Dismissed—Stale
11. MUR 5036
RESPONDENTS (a) National Education Association ("NEA")

(b) California Teachers Association ("CTA")

(c) Florida Education Association Inc. ("FEA")

(d) Illinois Education Association ("IEA")

(e) Wisconsin Education Association Council ("WEA")
COMPLAINANT: Landmark Legal Foundation
SUBJECT: Endorsement of a federal candidate outside the organization’s restricted class of members
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
12. MUR 5037
RESPONDENTS: (a) National Education Association ("NEA")

(b) National Education Association Political Action Committee ("NEAPAC")
COMPLAINANT: Landmark Legal Foundation
SUBJECT: Endorsement of a federal candidate outside the organization’s restricted class of members
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
13. MUR 5086
RESPONDENTS: (a) Federation for American Immigration Reform ("FAIR")

(b) Dr. John Tanton, Founder and Chairman, FAIR

(c) Michigan Immigration Political Action Committee ("MichImpac")

(d) American Immigration Control Foundation ("AICF")

(e) Pioneer Fund

(f) Coalition for the Future American Worker

(g) Americans for Better Immigration
COMPLAINANT: Raymond M. Kethledge, Counsel, Abraham Senate 2000
SUBJECT: Corporate contributions
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 2002)
14. MUR 5191
RESPONDENTS: (a) Democratic State Central Committee, Katherine Moret, treasurer

(b) President William Clinton

(c) Gore/Lieberman Inc., Jose Villarreal, treasurer
COMPLAINANT: Carol L. Peet
SUBJECT: Use of government resources for federal election
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report; certification of vote by Commissioners (dated August 27, 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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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.