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  • Press Release

FEC Completes Action on Four Enforcement Cases

November 3, 2006

For Immediate Release
November 3, 2006
Contact:

Bob Biersack
Kelly Huff
George Smaragdis
Michelle Ryan

FEC COMPLETES ACTION ON FOUR ENFORCEMENT CASES

WASHINGTON --The Federal Election Commission has recently made public action on four matters previously under review (MURs).  In MUR 5777, Arizona Supports Rick Murphy committee paid a $30,000 civil penalty for failing to report disbursements in their 2004 12 Day Pre-General Election Report.

In MUR 5740, Nethercutt for Senate committee paid a $30,000 civil penalty for failing to report disbursements in their 2004 July Quarterly Report.

The Commission found no reason to believe that the Scranton Tribune-Times or the Bob Casey committee made or received corporate contributions, coordinated an advertising campaign on behalf of Bob Casey or failed to place a disclaimer on a public communication.

In MUR 5708, the Commission dismissed the case against Jack Abramoff, because the evidence established that he had not exceeded the $25,000 annual contribution limit that was applicable to individuals in 2002.

This release contains only disposition information.

1.

MUR 5777

RESPONDENTS:

Arizona Supports Rick Murphy, Christopher Rolando, treasurer

COMPLAINANT:

FEC Initiated (RAD)

SUBJECT:

Failure to report disbursements

  DISPOSITION:

Conciliation Agreement: $30,000 civil penalty

Through routine review of reports, the FEC’s Reports Analysis Division discovered respondents failed to report disbursements in their 2004 12 Day Pre-Primary Report. The Respondents signed a conciliation agreement in which they agreed to pay a $30,000 civil penalty.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5777 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.

     
2. MUR 5740  
     
  RESPONDENTS: Nethercutt for Senate, Catherine Gernes, treasurer
  COMPLAINANT: FEC Initiated (RAD)
  SUBJECT: Failure to report disbursements
  DISPOSITION:

Conciliation Agreement: $30,000 civil penalty

Through routine review of reports, the FEC’s Reports Analysis Division discovered respondents failed to report disbursements in their 2004 July Quarterly Report. The Respondents signed a conciliation agreement in which they agreed to pay a $30,000 civil penalty.

  DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from theCommission’s web site at http://www.fec.gov by entering5740 under case numbers in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.

     
3. MUR 5679

   

RESPONDENTS:

(a)   Scranton Times-Tribune LLP

(b)   Bob Casey for Pennsylvania Committee, Vanessa D.    Getz, treasurer

COMPLAINANT:

Republican State Committee of Pennsylvania

SUBJECT:

Corporate contributions/coordinated expenditure; disclaimer

  DISPOSITION:

(a)      No reason to believe*

          [re: corporate contributions; disclaimers]

(b)      No reason to believe*

          [re: corporate contributions]

The complaint alleged that the Scranton Times-Tribune and the Bob Casey committee violated the law by using corporate funds to pay for the costs of creating, producing and distributing an advertisement that advocated Bob Casey’s federal candidacy and failed to include a proper disclaimer in the advertisement. The Times-Tribune and the Casey Committee acknowledged that the advertising campaign referenced Mr. Casey, but denied that it advocated his election or there was coordination between them. The Commission found no reason to believe the respondents violated the law, because the advertising campaign did not expressly advocate the election of Bob Casey to the United States Senate and there was no coordination between the Scranton Times-Tribune and the Bob Casey committee.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5679 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.

     
4. MUR 5708  
     

RESPONDENTS:

Jack A. Abramoff

COMPLAINANT:

Ed Wigglesworth, Analyst for Rest of Us.org

SUBJECT:

Exceeding the $25,000 annual contribution limit

  DISPOSITION:

Dismiss the case

The complainant alleged that the respondent violated the aggregate $25,000 contribution in limit in 2002. The complaint lists contributions allegedly by the respondent totaling $34,750, which would exceed the annual limit by $9,750. Respondent denied that he exceeded the annual limit and provided copies of cancelled checks showing that his wife, Pamela Abramoff, made the $9,750 contributions and that the two committees mistakenly attributed the contributions to him and not his wife. The Commission dismissed the case after an examination showed that Pamela Abramoff signed the checks.

*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 and stale cases. Low rated cases are those that do no warrant use of the Commission’s resources to pursue because of their lower significance relative to other pending matters.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5708 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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