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  • Press Release

Compliance Cases Made Public

April 15, 2003

News Releases, Media Advisories

For Immediate Release
April 15, 2003
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 13 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 5025
RESPONDENTS: (a) Honorable Marge Roukema

(b) The Committee to Re-Elect Congresswoman Marge Roukema, Jaye L. Parsons, treasurer

(c) Republican Leadership Council

COMPLAINANT: Stephen Moore, President, The Club for Growth
SUBJECT: Excessive contributions; failure to report contributions
DISPOSITION: (a) No reason to believe*

[re: excessive contributions]

(b) No reason to believe*

[re: excessive contributions; failure to report contributions]

(c) No reason to believe*

[re: any provision of the Act]

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated March 6, 2003); certification of vote by Commissioners (dated March 18, 2003)
     
2. MUR 5072
RESPONDENTS: (a) Gore 2000, Inc., Jose Villarreal, treasurer

(b) David Jackson

COMPLAINANT: Michael Deutsch
SUBJECT: Excessive contribution
DISPOSITION: (a-b) No reason to believe*
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated March 11, 2003); certification of vote by Commissioners (dated March 14, 2003)
3. MUR 5166
RESPONDENTS: Missouri Republican State Committee – Federal Committee, Harvey M. Tettlebaum, treasurer
COMPLAINANT: FEC Initiated
SUBJECT: Failure to maintain records for all contributions received; failure to maintain records of persons contributing in excess of $50; failure to accurately report cash-on-hand at the beginning of the reporting periods, and total amount of receipts and disbursements
DISPOSITION: Conciliation Agreement: $43,000 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners (dated February 6, 2003); receipt of payment (dated January 14, 2003)
4. MUR 5248
RESPONDENTS: (a) Bush-Cheney 2000, Inc., David Herndon, treasurer

(b) Bush for President, Inc., David Herndon, treasurer

(c) Enron Corporation

(d) Ralph E. Reed

(e) Karl Rove

COMPLAINANTS: Larry Klayman, Chair and General Counsel of Judicial Watch, Inc. and Thomas J. Fitton, President of Judicial Watch, Inc.
SUBJECT: Corporate contribution; failure to report contribution
DISPOSITION: (a-e) No reason to believe*

[re: violated any provision of the Act]

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated February 6, 2003); certification of vote by Commissioners (dated February 11, 2003)
5/6. MURs 5283 & 5285
RESPONDENTS: (a) Douglas K. Forrester

(b) Forrester 2002 Committee, Ronald R. Gravino, treasurer

(c) BeneCard Services, Inc.

COMPLAINANTS: New Jersey Democratic State Committee [5283]

The Gray Panthers [5285]

SUBJECT: Corporate contributions
DISPOSITION: (a-c) No reason to believe*
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated February 12, 2003); certification of vote by Commissioners (dated February 20, 2003)

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

7. MUR 5255
RESPONDENTS: (a) Roy Brown for Congress, Kimberly Brush-Supensky, treasurer

(b) Roy E. Brown

(c) Brown Publishing Company

(d) Englewood Independent Times

(e) The Times Weekend Edition

(f) Huber Heights Courier Times

(g) Springboro Sun Times

(h) Vandalia Drummer News

(i) Centreville-Bellbrook Times

(j) Kettering-Oakwood Times

(k) Star Republican

(l) Brown News Service

COMPLAINANTS: John C. Chambers, Esq. on behalf of Turner for Congress
SUBJECT: Corporate contributions
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
8. MUR 5256R
RESPONDENTS: (a) Allied Pilots Association PAC, John C. Bury, treasurer

(b) First Officer Alexander Aitken

(c) Captain Robert Ames

(d) Captain James Annable

(e) Captain Tom Bloom

(f) Captain Denny Breslin

(g) First Officer Robert Dunning

(h) Captain Dave Eitel

(i) Captain Tom Frazer

(j) Peter Horan

(k) Captain Randy LeRuth

(l) Captain Linda Pauwels

(m) First Officer Robert L. Sproc

(n) Captain Leonard Turcotte

COMPLAINANT: Mark L. Hunnibell
SUBJECT: Failure to advise solicitees of their right to refuse to contribute without reprisal
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
9. MUR 5271
RESPONDENTS: (a) A Whole Lot of People for Grijalva Congressional Committee, Thomas Chandler, treasurer

(b) Pima County

(c) Ruben Reyes

COMPLAINANT: Ray Carroll
SUBJECT: Use of state employee in a federal campaign
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
10. MUR 5280
RESPONDENTS: (a) Bundgaard for Congress, Jennifer L. Seivert, treasurer

(b) www.bundgaard.com

(c) State of Arizona

(d) Scott Bundgaard for State Senate and treasurer

COMPLAINANT: John Hughes
SUBJECT: Use of state funds to promote federal campaign
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
11. MUR 5284
RESPONDENTS: (a) MBNA Corporation

(b) Honorable James P. Moran, Jr.

(c) Moran for Congress, H. Robert Morrison, treasurer

COMPLAINANTS: Kenneth Boehm, Chair, National Legal and Policy Central
SUBJECT: Bank loan secured outside the ordinary course of business
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
12. MUR 5289
RESPONDENTS: (a) Friends of the Rouge, Chester G. Marvin, treasurer

(b) Friends of the Detroit River, Laurine Griffin, treasurer

(c) John Dingell for Congress Committee, Guy R. Martin, treasurer

COMPLAINANT: James L. Graham
SUBJECT: Non-profit organizations participating in federal elections
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)
13. MUR 5301
RESPONDENTS: Charlotte Reeves for U.S. Congress, April White, treasurer
COMPLAINANT: Representative Bennie G. Thompson
SUBJECT: Failure to file disclosure report timely
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (dated January 27, 2003); certification of vote by Commissioners (dated January 30, 2003)

*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.