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Federal Election Commission | United States of America
  • Press Release

Compliance Cases Made Public

May 8, 2002


For Immediate Release
May 8, 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 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. Pre-MUR 395
RESPONDENTS: College Republican National Committee ("CRNC")
COMPLAINANT: Referral by Pennsylvania Bureau of Charitable Organizations
SUBJECT: Failure to register and report
DISPOSITION: Took no action*
DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report (October 29, 2001); amended certification of vote by Commissioners; Statement of Reasons by Commissioner Thomas; Statement of Reasons by Commissioners Mason, Smith and Wold; Reply of Commissioner Thomas to Statement of Reasons by Commissioners Mason, Smith and Wold
2. MUR 4982
RESPONDENTS: (a) Bush for President, Inc., David Herndon, treasurer

(b) Republicans for Clean Air

(c) Sam Wyly

(d) Charles Wyly

(e) Lydia Meuret

(f) Jeb Hensarling
COMPLAINANT: Roy Fletcher, Deputy Campaign Manager, McCain 2000
SUBJECT: Excessive contributions; failure to report contribution; failure to register and report; disclaimer; exceeding the $25,000 annual contribution limit
DISPOSITION: (a) Failed by a vote of 3-3 to find no reason to believe*

[re: excessive contribution; failure to report contribution]

Failed by a vote of 3-3 to find reason to believe*

[re: excessive contribution]

Took no further action*

(b) Failed by a vote of 3-3 to find no reason to believe*

[re: excessive contribution; failure to report independent expenditure]

Failed by a vote of 3-3 to find reason to believe*

[re: failure to register and report; excessive contribution; disclaimer]

Took no further action*

(c-d) Failed by a vote of 3-3 to find no reason to believe*

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

Failed by a vote of 3-3 to find reason to believe*

[re: excessive contribution; disclaimer]

Took no further action*

(e-f) No reason to believe*

[re: any provision of the Act]
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report; certification of votes by Commissioners; Statement of Reasons by Commissioners Mason, Smith and Wold; Statement of Reasons by Commissioners Thomas and McDonald; Statement of Reasons by Commissioners Sandstrom
3. MUR 5034
RESPONDENTS: Tarrant County Republican Victory Fund, Pat Carlson, treasurer
COMPLAINANT: FEC Initiated
SUBJECT: Failure to file disclosure reports timely
DISPOSITION: Conciliation Agreement: $7,500 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners
4. MUR 5122
RESPONDENTS: (a) Dickey for Congress Campaign Committee, James W. Searcy, treasurer

(b) James W. Dickey. Jr.

(c) "Hot Springs Village"

(d) Alan Mauk
COMPLAINANTS: David Plouffe, Executive Director (former), Democratic Congressional Campaign Committee
SUBJECT: Failure to dispose of cash contributions over $50; failure to timely report refunded contribution; excessive contribution; corporate contribution; failure to provide contributor information
DISPOSITION: (a) Reason to believe, but took no further action*

[re: failure to dispose of cash contributions over $50; failure to timely report refunded contribution]

Sent admonishment letter.

No reason to believe*

[re: excessive contribution; corporate contribution; failure to provide contributor information]

(b) No reason to believe*

[re: Failure to dispose of cash contributions over $50; failure to timely report refunded contribution; excessive contribution; corporate contribution; failure to provide contributor information]

(c) No reason to believe*

[re: corporate contribution]

(d) Took no action*
DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report; certification of vote by Commissioners
5. MUR 5217
RESPONDENTS: Friends of Jane Harman, Mike Gordon, treasurer (CA)
COMPLAINANT: FEC Initiated
SUBJECT: Failure to file 48-hour reports
DISPOSITION: Conciliation Agreement: $12,000 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of votes by Commissioners
6. MUR 5226
RESPONDENTS: North Carolina Republican Executive Committee, Steven B. Long, treasurer (NC)
COMPLAINANTS: FEC Initiated
SUBJECT: Failure to file disclosure report timely
DISPOSITION: Conciliation Agreement: $3,500 civil penalty*
DOCUMENTS ON PUBLIC RECORD: Conciliation Agreement; certification of vote by Commissioners

*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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FEC Announces Departure of Acting General Counsel Daniel A. Petalas

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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.