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Federal Election Commission | United States of America
  • Press Release

Compliance Cases Made Public

May 25, 2006

For Immediate Release
May 25, 2006		 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 three matters previously under review (MURs).  In a joint conciliation agreement, Friends of Marilyn F. O’Grady and John F. O’Grady have agreed to a $30,000 civil penalty for numerous violations of the Federal Election Campaign Act during her 2002 campaign for the House in the fourth district of New York. This release contains only disposition information.

1-3. MURS 5334, 5341 & 5524

RESPONDENT:

(a)      Friends of Marilyn F. O’Grady, Thomas Keller,   treasurer [5334, 5341 & 5524]

(b)      John F. O’Grady [5334 & 5524]

(c)      Marilyn F. O’Grady [5334

(d)     Charles Mansfield [5334, 5341 & 5524]

(e)      Alumni for O’Grady [5334 & 5341]

(f)       Celic Estate Agents, Inc. [5334 & 5524]

(g)      Charles E. Fraser & Company, Inc. [5334 & 5524]

(h)      Clinical Systems, Inc. [5334 & 5524]

(i)       Edward J. Mohr, MD, PC [5334 & 5524]

(j)       Electronic Techniques, Inc. [5334 & 5524]

(k)      Finnegan Planning, Inc. [5334 & 5524]

(l)       Franklin Court Press, Inc. [5334 & 5524]

(m)    Furey & Furey, PC [5334 & 5524]

(n)      Garden City Orthodontics, LLC [5334 & 5524]

(o)      Gerald Gardner Wright, PC and Associates Attorneys   at Law [5334 & 5524]

(p)     Henry D. Perry, MD, PC [5334 & 5524]

(q)      James N. Trentalange, DDS, PC [5334 & 5524]

(r)      Jean Yang, MD, PC [5334 & 5524]

(s)      Junction with the Function, Inc. [5334 & 5524]

(t)       Long Island Nut Company [5334 & 5524]

(u)     Louis J. Castellano, Jr., PC [5334 & 5524]

(v)      Manhasset Ophthalmology, PC [5334 & 5524]

(w)     Manhole Barrier Systems, Inc. [5334 & 5524]

(x)      Mark R. Fleckner, MD, PC [5334 & 5524]

(y)      Moores Industries Inc. [5334 & 5524]

(z)      National Claim Administration, Inc. [5334 & 5524]

(aa)    Paul Conte Cadillac, Inc. [5334 & 5524]

(ab)    The Plastic Surgery Group, PC [5334 & 5524]

(ac)    Purcell & Ingrao, PC [5334 & 5524]

(ad)   Robert T. Kroepel, DDS, PC [5334 & 5524]

(ae)    Ronald Giardelli, MD, PC [5334 & 5524]

(af)     Rosedale Futures, Inc. [5334 & 5524]

(ag)    Rug Renovating Co., Inc. [5334 & 5524]

(ah)    Russell Miller, MD, PC [5334 & 5524]

(ai)     Thomas E. Sullivan and Barbara A. Sullivan        Foundation [5334 & 5524]

(aj)     The Treiber Group [5334 & 5524]

(ak)    Woodmere Republican Club, Inc. [5334 & 5524]

(al)     Yeterian Auto Parts [5334 & 5524]

(am)  Unknown Respondents [5334, 5341 & 5524]

(an)    Raymond Carew [5334]

(ao)    Alexandre Carew [5334]

(ap)   Baval Bernard [5334]

(aq)    Charles Kadish [5334]

(ar)    Lawrence Kadish [5334]

(as)    Susan Kadish [5334]

(at)    Nelson DeMille [5334]

 

COMPLAINANT:

Friends of Carolyn McCarthy [MUR 5334]

Jay S. Jacobs, Chairman, Nassau County Democratic Committee [5341]

FEC Initiated (Audit) [5524]

SUBJECT:

Failure to file Statement of Organization timely; failure to file disclosure reports timely; failure to file 48-hour reports; failure to file reports electronically; failure to accurately and continuously report loans; failure to accurately disclose individual contributions; excessive contributions; corporate contributions; disclaimer; misstatement of financial activity; failure to accurately report expenditures

  DISPOSITION:

(a-b)        Conciliation Agreement: $30,000 civil penalty*(re: failure to file Statement of Organization timely; failure to file disclosure reports timely; failure to file 48-hour reports; failure to file reports electronically; failure to accurately and continuously report loans;          failure to accurately disclose individual contributions; excessive contributions; corporate contributions; disclaimer; misstatement of financial activity; failure to accurately report expenditures)

(c)            No reason to believe*

                (re: any provision of the Act)

(d-e)        No reason to believe*

                [re: disclaimer]

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

                [re: corporate contribution]

                Sent admonishment letters.

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

                (re: excessive contribution; corporate contribution; failure to report independent expenditure;disclaimer)

(an-at)     Took no action*

In MUR 5334 the complainant alleged that the Committee failed to place a required disclaimer on a leaflet that may been distributed to over 50,000 people. The complaint also alleged that the Committee in their late-filed Pre-General Report, disclosed excessive contributions.

In MUR 5341 the complainant alleged that the Committee failed to file its 2002 April Quarterly and 12-Day Pre-Primary Election Reports timely; failed to timely report two candidate loans and a failure to file reports electronically. The complaint also alleged that the Committee failed to accurately report expenditures for the purchase of certain television advertisements and failed to place required disclaimers on a letter allegedly from Alumni for O’Grady.

MUR 5524 was generated by the FEC’s Audit Division referral to the General Counsel’s Office for the Committee’s misstatement of financial activity; receipt of corporate contributions; receipt of excessive contributions; failure to disclose candidate loans and failure to file 48-hour reports. The Commission approved the Final Audit Report on March 22, 2004.

            The Commission conciliated with Friends of Marilyn F. O’Grady and John F. O’Grady and found no reason to believe with regard to Marilyn F. O’Grady, Charles Mansfield, and Alumni for O’Grady. The Commission found reason to believe against the 33 corporations, but decided to take no further action and send admonishment letters.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5334,5341, and 5524 under case number in the Enforcement Query System.  They are also available in the FEC’s 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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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.