COMPLIANCE
CASES MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action
on 21 matters previously under review (MURs). This
release contains only summary information. Closed
files should be thoroughly read for details, including the FEC’s legal analysis of
the case. (See footnote at the end of this release.) Closed MUR files are available in
the Public Records Office.
| 1. |
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RESPONDENT: |
Philip
R. Davis (MS) |
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COMPLAINANTS: |
Referral
by Craig C. Donsanto, Director, Election Crimes Branch, Criminal Division, U.S. Department
of Justice (DC) |
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SUBJECT: |
Fraudulent
misrepresentation in campaign materials |
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DISPOSITION: |
Reason
to believe, but took no further action* |
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2. |
MUR
5045 |
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RESPONDENTS: |
(a) Patrick J. Buchanan (VA)
(b) Buchanan for President, Inc., Angela Buchanan, treasurer (VA)
(c) Matching Funds, Inc. (MFI), Scott B. MacKenzie, President (VA)
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COMPLAINANT: |
FEC
Initiated (Audit) |
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SUBJECT: |
Failure
to disclose outstanding debt; failure to collect and report contributor information
(“best efforts”); spending in excess of candidate’s personal limit;
excessive contributions |
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DISPOSITION: |
(a) Conciliation Agreement: $15,000 civil penalty*
[re: spending in excess of
candidate’s personal limit]
(b) Conciliation Agreement: $35,000 civil penalty*
[re: failure to disclose
outstanding debt; failure to collect and report
contributor information (“best efforts”)]
Reason to believe, but took
no further action*
[re: excessive
contributions]
(c) Reason to believe, but took no further action*
[re: excessive
contributions] |
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3. |
MUR
5100 |
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RESPONDENTS: |
McCallion
for Congress, Darrell L. Paster, treasurer (NY) |
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COMPLAINANTS: |
National
Republican Congressional Committee, Donald F. McGahn, II, General Counsel (DC) |
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SUBJECT: |
Failure
to file disclosure report; failure to file 48-hour reports; unsecured loans/prohibited
contributions |
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DISPOSITION: |
Reason
to believe, but took no further action*
[re:
failure to file disclosure report]
No
reason to believe*
[re:
failure to file 48-hour reports; unsecured loans/prohibited contributions] |
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4. |
MUR
5104 |
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RESPONDENTS: |
(a)
Honorable Timothy J. Roemer (IN)
(b) Hoosiers for Tim Roemer, Christine A. Lauber, treasurer (IN) |
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COMPLAINANTS: |
National
Republican Congressional Committee, Donald F. McGahn, II, General Counsel |
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SUBJECT: |
Use
of official resources in connection with federal election/personal use of campaign funds |
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DISPOSITION: |
(a-b)
No reason to believe* |
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5. |
MUR
5110 |
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RESPONDENTS: |
(a)
KBHK-TV (CA)
(b) The Christian Broadcasting Network, Inc. (VA) |
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COMPLAINANT: |
David
Blake (CA) |
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SUBJECT: |
News
story exemption |
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DISPOSITION: |
(a-b)
No reason to believe* |
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6. |
MUR
5120 |
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RESPONDENTS: |
(a) Hillary Rodham Clinton (NY)
(b) Hillary Rodham Clinton for US Senate Committee, Inc., William J. Cunningham,
treasurer (NY)
(c) The White House (DC) |
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COMPLAINANT: |
Anne
McDonald (NY) |
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SUBJECT: |
Use
of government mailing list in connection with federal election |
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DISPOSITION: |
(a-c)
No reason to believe* |
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7. |
MUR
5148 |
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RESPONDENTS: |
(a) Nebraska Republican State Central Committee, DeMarus Carlson, treasurer (NE)
(b) Stenberg for Senate 2000, Charles V. Sederstrom, Jr. (NE) |
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COMPLAINANTS: |
Anne
Boyle, Chairperson, Nebraska Democratic Party (NE) |
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SUBJECT: |
Disclaimer |
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DISPOSITION: |
(a-b) Reason to believe, but took no further action*
Sent
admonishment letters. |
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8. |
MUR
5151 |
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RESPONDENTS: |
New
Jersey State Laborers’ PAC, Robert S. Garrison, treasurer (NJ) |
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COMPLAINANT: |
FEC
Initiated (RAD) |
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SUBJECT: |
Failure
to file disclosure report timely; failure to file amended Statement of Organization |
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DISPOSITION: |
Conciliation
Agreement: $3,950 civil penalty* |
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9. |
MUR
5162 |
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RESPONDENTS: |
(a) CBS Corporation (NY)
(b) American Broadcasting Companies, Inc. (ABC) (NY)
(c) Cable News Network (CNN) (GA) |
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COMPLAINANT: |
George
A. Young, Esquire (TX) |
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SUBJECT: |
Election
day media coverage |
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DISPOSITION: |
(a-c)
No reason to believe* |
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10. |
MUR
5168 |
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RESPONDENTS: |
Local
Union Drive No. 25, George W. Cashman, treasurer (MA) |
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COMPLAINANT: |
FEC
Initiated (RAD) |
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SUBJECT: |
Failure
to file disclosure report timely |
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DISPOSITION: |
Conciliation
Agreement: $1,000 civil penalty* |
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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
11. |
MUR
5016 |
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RESPONDENTS: |
(a) Larry Graham (NY)
(b) Larry Graham for Congress, Richard Laster, treasurer
(NY)
(c) Progressive Management Associates, Inc. (NY) |
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COMPLAINANT: |
John
Hicks (NY) |
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SUBJECT: |
Corporate
contributions |
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12. |
MUR
5053 |
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RESPONDENTS: |
(a) Honorable Calvin M. Dooley (CA)
(b) Dooley for Congress, James Wise, treasurer (CA)
(c) HCC Properties Ltd. (CA) |
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COMPLAINANTS: |
Donald
F. McGahn, II, General Counsel, National Republican Congressional Committee (DC) |
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SUBJECT: |
Corporate
contribution |
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13. |
MUR
5056 |
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RESPONDENTS: |
(a) Eric E. Vickers (MO)
(b) Citizens for Eric E. Vickers, Samuel Ansari,
treasurer (MO) |
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COMPLAINANT: |
Paula
Johnson (MO) |
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SUBJECT: |
Failure
to file disclosure reports timely; personal use of campaign funds |
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14. |
MUR
5087 |
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RESPONDENTS: |
(a) South Carolina Education Television (SCETV) (SC)
(b) League of Women Voters of South Carolina (SC) |
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COMPLAINANT: |
George
C. Taylor |
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SUBJECT: |
Failure
to use pre-established objective criteria for participation in debates |
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15. |
MUR
5091 |
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RESPONDENTS: |
Committee
to Elect Patrick J. Buchanan, Angela M. Buchanan, treasurer (VA) |
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COMPLAINANT: |
Ann
E. Kolata (IN |
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SUBJECT: |
Misreporting
contribution |
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16. |
MUR
5105 |
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RESPONDENTS:
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(a) Curtis E. Clinesmith (TX)
(b) Clinesmith for Congress, Karl Lynch, treasurer (TX) |
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COMPLAINANTS:
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Donald
F. McGahn, II, General Counsel, National Republican Congressional Committee (DC) |
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SUBJECT: |
Excessive
contribution (in the form of a guaranteed loan); bank loan made outside the ordinary
course of business |
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17. |
MUR
5113 |
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RESPONDENTS: |
(a) Simmons for Congress, Anne Simeone, treasurer (CT)
(b) Rob Simmons (CT)
(c) American Legion, Department of Connecticut State Headquarters (CT) |
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COMPLAINANT: |
Michael
E. Pohl (CT) |
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SUBJECT: |
Disclaimer |
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18. |
MUR
5118 |
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RESPONDENT: |
Aristotle
International, Inc. (CA) |
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COMPLAINANT: |
Michael
Ravnitzky (NY) |
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SUBJECT: |
Sale
and/or use of contributor information for commercial purpose |
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19. |
MUR
5126 |
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RESPONDENTS: |
(a) Mike Ross for Congress Committee, W. Herman Brown, treasurer (AR)
(b) Democratic Congressional Campaign Committee, Howard Wolfson,
treasurer (DC) |
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COMPLAINANT: |
Donald
F. McGahn, II, General Counsel, National Republican Congressional Committee (DC) |
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SUBJECT: |
Excessive
contribution |
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20. |
MUR
5134 |
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RESPONDENTS: |
(a) Joseph Christopher Chocola (IN)
(b) Chris Chocola for Congress, Inc., James R. Evans, treasurer (IN) |
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COMPLAINANT: |
Honorable
Tim Roemer (IN) |
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SUBJECT: |
Excessive
contributions; raising money after an election when no debts existed |
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21. |
MUR
5142 |
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RESPONDENTS: |
(a) Republican National Committee - RNC, Alec Poitevint,
treasurer (DC)
(b) Forbes, Inc. and Steve Forbes, President (NY)
(c) Honorable Rick Lazio (NY)
(d) Lazio 2000, Inc. Anthony J. Picarillo, treasurer (NY)
(e) Honorable Bob Barr (GA)
(f) Swing States for a GOP White House (DC)
(g) Conservative Leadership Political Action Committee, Loren Smith, treasurer
(VA)
(h) House Managers Political Action Committee, Gregory D. Roney, treasurer (DC)
(i) Alliance Defense Fund (AZ)
(j) AmeriCares and Barbara Bush,
Ambassador-At-Large (CT)
(k) Gilder Publishing (IA)
(l) The Chamber Music Society of Lincoln Center
(NY)
(m)
Archdiocese of New York (NY) |
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COMPLAINANT: |
Tery
Spataro (NY) |
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SUBJECT: |
Use
of contributor lists for solicitation |
*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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