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Federal Election Commission | United States of America
  • Press Release

FEC Completes Action on Six Enforcement Cases

July 6, 2006

For Immediate Release
July 6, 2006		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
FEC COMPLETES ACTION ON SIX ENFORCEMENT CASES
 

WASHINGTON -- The Federal Election Commission has recently made public its final action on six matters previously under review (MURs).  In the first four MURs, the Commission found reason to believe that several respondents violated the law by fraudulently misrepresenting themselves as fundraising agents of federal campaigns.

 In MUR 5538, the Commission found no reason to believe that the Friends of Gabbard violated the law by receiving contributions in the name of another or by failing to provide contributor information.

Finally in MUR 5576, the Commission found no reason to believe that New Democrat Network or Tony Knowles for U.S. Senate violated the law by receiving and or making corporate contributions or failing to report them. This release contains only disposition information.

1-4. MURS 5443/5495/5505 & 5515

RESPONDENT:

(a)   www.johnfkerry-2004.com [5443]

(b)   Yimikaw Wickliffe [5443]

(c)   Executive Services International [5443]

(d)  www.johnkerry-edwards.org [5495]

(e)  http://testhost.yahoogoogle.biz/JohnKerry/contribute.html[5505]

(f)    Nilesh Kothari [5505]

(g)   The Rich Foundation, Inc. [5515]

(h)   Jeff Rich

(i)    Renee Jones

(j)    Unknown Persons [5444, 5495, 5505 & 5515]

(k)    Connie Bye [5495]

 

COMPLAINANT:

John Kerry for President, Inc.

Kerry-Edwards 2004, Inc.

SUBJECT:

Fraudulent misrepresentation of campaign authority

  DISPOSITION:

(a-j)    Reason to believe, but took no further action*

(k)      No reason to believe*

Complainants alleged that the respondents in each of these matters violated the Act by fraudulently soliciting and collecting contributions through websites and/or email solicitations, in which the respondents misrepresented that there were authorized to collect contributions on behalf of the candidates’ authorized campaign committees and that the contributions collected would benefit the candidates. In each, the FEC General Counsel’s office uncovered evidence indicating that some of the respondents used fake or stolen identities in connection with these schemes, and that the person or persons responsible for the fraudulent activity in each MUR are located outside the United States. After issuing subpoenas to Internet providers and contacting  relevant witnesses who interacted with respondents, the FEC’s Office of General Counsel has been unable to confirm that any of these schemes was successful in obtaining more than a nominal amount of funds based on the misrepresented connection to the Kerry Committees or Senator John Kerry. The Commission found reason to believe, but decided to take no further action due to the fact these matters do not warrant further expenditure of the Commission’s limited resources. 

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5443, 5495, 5505 and 5515 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.

 

 

5.

MUR 5538

RESPONDENTS:

Friends of Gabbard, Alison Riggs, treasurer

COMPLAINANT:

Alexander B. Achmat

SUBJECT:

Contributions in the name of another; failure to provide contributor information

 

  DISPOSITION:

No reason to believe*

The complainant alleged that Friends of Gabbard accepted contributions in the name of another and submitted false reports. The Committee submitted a detailed response which provided comprehensive denials, including relevant affidavits contradicting the allegations. The Commission found no reason to believe and closed the file.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5538 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.
     

6.

MUR 5576

RESPONDENTS:

(a)   New Democrat Network

(b)    Tony Knowles for U. S. Senate, Leslie D. Ridle, treasurer

COMPLAINANT:

Timothy A. McKeever

SUBJECT:

Corporate contributions; failure to report contributions
  DISPOSITION:

(a) No reason to believe*

      [re: corporate contributions]

(b) No reason to believe*

      [re: corporate contributions; failure to report contributions]

The complaint alleged that New Democrat Network (NDN) ran television advertisements in Alaska within one month of the 2004 Senate election criticizing republicans that were coordinated with Tony Knowles for U.S. Senate. The complaint states that NDN used the same media buying firm to place advertisements as the Knowles Committee used for its television advertisement. The complaint concludes that this activity constituted a coordinated communication, and thus resulted in an unreported and illegal contribution to the Knowles Committee. The Respondents contend that the activity at issue failed to satisfy the “content” and “conduct” standards of the coordinated communications regulations. The Commission found no reason to believe that NDN made prohibited in-kind contributions to the Knowles Committee and no reason to believe that the Knowles Committee received prohibited contributions or violated reporting requirements.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5658 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.