| WASHINGTON -- The Federal Election Commission has recently made public
its final action on six 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.
| 1/2. |
MURs 4382 & 4401 |
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| RESPONDENTS: |
(a) Dole for President, Inc., (b) Dole/Kemp ’96,
Inc.,
(c) Dole/Kemp , ’96 Compliance, Inc.,
(d) Republican National Committee, Alec Poitevint, treasurer
(e) Nebraska Republican Federal Campaign Committee, Bob Bennie, treasurer
(f) Arizona Republican Party, Dean Cooley, treasurer
(g) San Diego County Republican Central Committee, John Vogel, treasurer
(h) Citizens Against Government Waste
(i) William Keck |
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| COMPLAINANT: |
Democratic National Committee [4382] Janet Strawder [4401] |
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| SUBJECT: |
Excessive contributions; failure to accurately report
contribution; corporate contribution; |
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| DISPOSITION: |
(a) Reason to believe, but took no further action* [re:
with regard to the receipt of an apparent excessive contribution from the Nebraska
Republican Federal Campaign Committee]
(a-c) Conciliation Agreement: $75,000 civil penalty*
Joint Agreement
[MURs 4382/4401/4670/5098/5099/5170/5171]
[re: excessive contribution; failure to report contributions; exceeded the overall
expenditure limitations for the presidential primary elections; corporate contributions]
(d) Failed to pass a motion to find probable cause to believe*
[re: excessive contributions; failure to accurately report contributions]
(e-g) Reason to believe, but took no further action*
[re: excessive contribution; failure to accurately report contributions]
(h) Reason to believe, but took no further action*
[re: corporate contribution]
(i) Reason to believe, but took no further action*
[re: excessive contribution] |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s report; certification of vote by
Commissioners (dated May 6, 1997); Memorandum (dated May 9,1997); certification of vote by
Commissioners (dated May 13, 1997); General Counsel’s Report #2; certification of
vote by Commissioners (dated September 19, 2000); certification of vote by Commissioners
(dated March 13, 2001); Statement of Reasons by Commissioners Mason, Smith and Wold (dated
June 11, 2001); certification of vote by Commissioners (September 7, 2001), Conciliation
Agreement; Global Settlement and Release; Statement of Reasons by Commissioners McDonald,
Thomas and Sandstrom (dated December 7, 2001); Supplemental Statement of Reasons by
Commissioners Mason, Smith and Wold (dated February 1, 2002); receipt of payment (dated
February 1, 2002) |
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| 3. |
MUR 4783 |
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| RESPONDENTS: |
(a) Brian Babin for Congress, Thomas E. Freeman, treasurer (b)
Dr. Brian Babin
(c) Walter Whetsell
(d) Peter F. Cloeren
(e) Cloeren, Inc.
(f) Honorable Thomas D. DeLay
(g) Tom DeLay Congressional Committee, David Evans, treasurer
(h) Honorable Strom Thurmond
(i) Palmetto Leadership PAC (FKA Reelect Thurmond Committee, J. Kershaw Spong,
treasurer)
(j) Steven L. Gill
(k) Anne Coates
(l) Edward H. Cone
(m) Gayle O. Averyt
(n) Tony and Nancy Dallas
(o) Jack and Cyndi Tindel
(p) Cheryl David
(q) Joe and Nancy Sanders
(r) Paul and Leigh Ann (Lisa) Peveto
(s) Robert H. Ewing
(t) Keith and Robin Johnston
(u) Rolf and Linda Schulz
(v) Claude W. and Felicia Huckaby
(w) Robert E. and Mildred A. Frank
(x) Bobby Frank
(y) Holly Nguyen Vu
(z) Thang Nquyen Vu
(aa) Roy and Billie M. Locks
(ab) Gertie Ewing
(ac) Ken Johnson
(ad) Rose J. Lucia
(ae) Mike and Cynthia Lucia
(af) Gary Oliver
(ag) Jaquelyn Oliver
(ah) Norma F. Smith |
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| COMPLAINANTS: |
Sua sponte |
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| SUBJECT: |
Contributions in the names of others; corporate
contributions; failure to report contribution timely; excessive cash contributions:
excessive anonymous contributions |
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| DISPOSITION: |
(a) Conciliation Agreement: $6,700 civil penalty* [re:
contributions in the names of others; corporate contribution; failure to report
contribution timely]
No reason to believe*
[re: excessive cash contribution; excessive anonymous contributions; soliciting or
accepting contributions by A. Coates, E. Cone, and G. Averyt or soliciting contributions
to the Gill and Thurmond committees/contributions in the names of others]
(b) No reason to believe*
[re: excessive cash contribution; excessive anonymous contributions; soliciting or
accepting contributions by A. Coates, E. Cone, and G. Averyt or soliciting contributions
to the Gill and Thurmond committees/contributions in the names of others]
(c) Reason to believe, but took no further action*
[re: Knowing and willful: contributions in the names of others]
No reason to believe*
[re: soliciting or accepting contributions by A. Coates, E. Cone, and G. Averyt or
soliciting contributions to the Gill and Thurmond committees/contributions in the names of
others]
(d) Reason to believe, but took no further action*
[re: Knowing and willful: corporate contributions; excessive contributions;
contributions in the names of others]
Sent admonishment letter.
No reason to believe*
[re: no violation of the Act in connection with contributions to the Thurmond and Gill
committees]
(e) Reason to believe, but took no further action*
[re: Knowing and willful: corporate contributions; contributions in the names of
others]
Sent admonishment letter.
(f-g) No reason to believe*
[re: contributions in the names of others; corporate contribution - by traveling to
Orange, TX on a flight paid for by Cloeren, Inc., violated the Act in connection with
contributions by Mr. Cloeren to the Thurmond and Gill committees and contributions made by
G. Averyt, A. Coates and E. Cone to the Babin committee]
(h-m) No reason to believe*
[re: violated any provision of the Act on the basis of the complaint filed in MUR 4783]
(n-s) Reason to believe, but took no further action*
[re: contributions in the names of others]
Sent admonishment letters.
(t-ah) Reason to believe, but took no further action*
[re: contributions in the names of others] |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report; certification of vote by
Commissioners (dated July 20, 1999); General Counsel’s Report #4 (dated January 21,
2000); certification of vote by Commissioners (dated January 26, 2000); General
Counsel’s Report #5 (dated November 9, 2000); certification of vote by Commissioners
(dated November 28, 2000); Conciliation Agreement (Brian Babin for Congress);
certification of vote by Commissioners (dated March 14, 2001); receipt of payment (dated
July 31, 2001) |
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| 4. |
MUR 4872 |
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| RESPONDENTS: |
(a) Republican Party of Louisiana, Carrey Holliday, treasurer (b)
Jenkins for Senate 1996, Michael A. Tham, treasurer
(c) Woody Jenkins
(d) Thibodaux for Congress ’96, Errol L. Cormier, treasurer |
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| COMPLAINANT: |
FEC Initiated (RAD) |
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| SUBJECT: |
Misreporting of and failure to report contributions and
expenditures; failure to amend Statement of Organization timely; disclaimers; filing false
disclosure reports; excessive contributions |
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| DISPOSITION: |
(a) Conciliation Agreement: $10,000 civil penalty* [re:
misreporting of and failure to report contributions and expenditures in support of Jenkins
and Thibodaux; failure to amend Statement of Organization timely; failure to include
appropriate disclaimers in several of its advertisements in support of Jenkins]
No probable cause to believe*
[re: failure to properly report contributions; proper disclaimers in television
advertisement]
(b-c) Conciliation Agreement:
The Commission has determined that the civil penalty of $82,500 ordinarily would be
appropriate in the matter but the Commission has agreed to accept a $3,000 civil penalty
settlement of this matter, based on documentation and representations made by Respondents
concerning their present financial circumstances.
[re: knowing and willfully filed false disclosure reports]
(b) Reason to believe, but took no further action*
[re: excessive contributions]
(d) Reason to believe, but took no further action*
[re: excessive contributions] |
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| DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s Report (dated June 21, 2001);
Memorandums to the Commission (dated June 21, 2001); certification of vote by
Commissioners (dated June 26, 2001); General Counsel Report (dated August 15, 2001);
Memorandum to the Commission (dated August 17, 2001); certification of vote by
Commissioners (dated August 21, 2001); Conciliation Agreement (Republican Party
Louisiana); certification of vote by Commissioners (dated September 20, 2001); receipt of
payment (dated September 6, 2001); Conciliation Agreement (Jenkins for Senate 1996);
certification of vote by Commissioners (February 1, 2002); receipt of payment (dated April
3, May 2, and June 4, 2002) |
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| 5. |
MUR 5176 |
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| RESPONDENTS: |
(a) Dave Wu for Congress, Jay Castle, treasurer (b) George
K. Miller
(c) George Huang
(d) Edward King
(e) Doreen Margolin
(f) Carol Santesson
(g) C. Norman Winningstad |
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| COMPLAINANT: |
FEC Initiated (Audit) |
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| SUBJECT: |
Excessive contributions; failure to keep accurate records for
disbursements |
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| DISPOSITION: |
(a) Conciliation Agreement: $30,000 civil penalty* (b)
Conciliation Agreement: $1,125 civil penalty*
(c) Reason to believe, but took no further action*
[re: excessive contributions] |
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| DOCUMENTS ON PUBLIC RECORD: |
First General Counsel’s Report; certification of vote by
Commissioners (dated February 21, 2001); Conciliation Agreement (George K. Miller);
certification of vote by Commissioners (dated June 20, 2001); receipt of payment (dated
June 5, 2001); Conciliation Agreement (Dave Wu for Congress), certification of vote by
Commissioners (dated May 23, 2002); receipt of payment (dated May 7, 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—Stale
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| 6. |
MUR 4757 |
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| RESPONDENT: |
Republican National Committee |
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| COMPLAINANT: |
Democratic National Committee |
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| SUBJECT: |
Use of non-federal funds in connection with a national
campaign |
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| DOCUMENTS ON PUBLIC RECORD: |
General Counsel’s report; amended certification of vote
by Commissioners (dated July 17, 2001) |
*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. |
