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  • Press Release

FEC Releases 29 Compliance Cases

June 30, 1999

 


For Immediate Release: Contact: Kelly Huff June 30, 1999 Ron Harris Sharon Snyder Ian Stirton

 

FEC MAKES PUBLIC 29 COMPLIANCE CASES

WASHINGTON -- The Federal Election Commission has made public its final action on 29 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. (Please see footnote at the end of this release.) Closed MUR files are available in the Public Records Office.

1. MUR 4305

RESPONDENTS: (a) Malcom S. "Steve" Forbes, Jr. (NJ)

(b) Forbes, Inc. (NY)

(c) Forbes for President, Inc., William A. Dal Col, treasurer (NJ)

COMPLAINANT: Charles J. Givens (FL)

SUBJECT: Corporate contributions; failure to report contributions

DISPOSITION: (a-b) Probable cause to believe [2/10/98 ], litigation authorized [6/2/98]*

[re: corporate contributions]

-Federal Election Commission authorized withdrawal of civil suit and closed file [2/19/99]

- Order: February 19, 1999 - The parties have stipulated to a voluntary dismissal and the action is dismissed with prejudice. Each party will bear its own fees, expenses and costs.

(c) Probable cause to believe [2/10/98], litigation authorized [6/2/98]*

[re: corporate contributions; failure to report contributions]

-Federal Election Commission authorized withdrawal of civil suit and closed file [2/19/99]

- Order: February 19, 1999 - The parties have stipulated to a voluntary dismissal and the action is dismissed with prejudice. Each party will bear its own fees, expenses and costs.

2. MUR 4317

RESPONDENTS: (a) Huckabee Election Committee (Senate), Prissy Hickerson, treasurer (AR)

(b) Delta Beverage Group, Inc. (TN)

(c) Coca-Cola Bottling Company of Fort Smith (AR)

(d) Hudson, Cisne, Keeling-Culp & Company (AR)

COMPLAINANTS: Robert F. Bauer, Counsel, Democratic Senatorial Campaign Committee (DC)

SUBJECT: Corporate contributions; failure to accurately report contributions

DISPOSITION: (a) Probable cause to believe, but took no further action*

[re: corporate contribution (from Delta Beverage Group, Inc.)] Reason to believe, rejected probable cause to believe*

[re: failure to accurately report contributions]

No reason to believe*

[re: corporate contributions (from Coca-Cola Bottling Company of Fort Smith and Hudson, Cisne, Keeling-Culp & Company)]

(b-d) No reason to believe*

[re: corporate contributions]

3. MUR 4323

RESPONDENTS: (a) Huckabee Election Committee (non-federal), Prissy Hickerson, treasurer (AR)

(b) Honorable Michael Huckabee (AR)

(c) Huckabee Election Committee (Senate), Prissy Hickerson, treasurer (AR)

COMPLAINANTS: Marc E. Elias, Counsel, Democratic Senatorial Campaign

Committee (DC)

SUBJECT: Use of prohibited funds for "testing the waters" expenses; failure to accurately report contributions

DISPOSITION: (a-c) Probable cause to believe, but took no further action*

[re: use of prohibited funds for "testing the waters" expenses]

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

[re: failure to accurately report contributions]

4. MUR 4797 [See MUR 4798]

RESPONDENTS: Sixth Congressional District Republican Party, Collette Hoover, treasurer (NC)

COMPLAINANT: FEC Initiated (RAD)

SUBJECT: Receipt of impermissible funds from unregistered organization

DISPOSITION: Conciliation Agreement: $ 6,000 civil penalty*

5. MUR 4798 [See MUR 4797]

RESPONDENTS: (a) Randolph County Republican Executive Committee; Laverne A. Williams, treasurer (NC)

(b) Buncombe County Republican Party, Gary S. McClure, treasurer (NC)

COMPLAINANT: FEC Initiated (RAD)

SUBJECT: Transfer and receipt of impermissible funds; misreporting dates and amounts of transfers and disbursements; failure to allocate administrative expenses and other allocable disbursements

DISPOSITION: (a) Conciliation Agreement: $ 6,000 civil penalty*

[re: transfer of impermissible funds]

(b) Conciliation Agreement: $ 6,000 civil penalty*

[re: receipt of impermissible funds; misreporting dates and amounts of transfers and disbursements; failure to allocate administrative expenses and other allocable disbursements]

6. MUR 4867

RESPONDENTS: (a) Tribal Alliance for Sovereignty (OK)

(b) Five Civilized Tribes Political Action Committee, Jerry Haney, treasurer (OK)

(c) Roberts for Congress, Kaye Roberts, treasurer (OK)

(d) Glen D. Johnson for Congress Committee, Edwin Landers, treasurer (OK)

COMPLAINANT: FEC Initiated (RAD)

SUBJECT: Excessive contributions

DISPOSITION: (a-b) Conciliation Agreement: $ 20,000 civil penalty*

(b) Respondents shall refund $ 20,000 in excessive contributions to the Tribal Alliance for Sovereignty, and provide evidence of such to the Commission.*

(c-d) Reason to believe, but took no further action*

Sent admonishment letters.

7. MUR 4879/Pre-MUR 374

RESPONDENTS: (a) Beaulieu of America, Inc. (GA)

(b) Carl M. Bouckaert, Chief Executive Officer, Beaulieu of America, Inc. (GA)

COMPLAINANTS: Referral from Craig C. Donsanto, Director, Election Crimes Branch, Public Integrity Section, U. S. Department of Justice (DC)

SUBJECT: Corporate contributions; contributions in the names of others

DISPOSITION: (a) Conciliation Agreement: $ 200,000 civil penalty*

[knowing and willful]

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

[knowing and willful]

________

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.

This MUR disposition news release, and future disposition releases, will designate MURS dismissed for low ratings and staleness.

Dismissed - Low Rated

1. MUR 4771

RESPONDENTS: Jim Duncan for Congress, Roger Shaw, treasurer (AK)

COMPLAINANT: David F. Mull (AK)

SUBJECT: Disclaimer; failure to accurately summarize federal law with respect to collection of information from contributors; failure to comply with "best efforts" regulations; failure to include tax deductibility disclaimer

2. MUR 4781

RESPONDENTS: (a) Peggy Farmer (WV)

(b) Britton Elkins (WV)

(c) Thomas Aiello (WV)

(d) Honorable Shirley Love (WV)

(e) John H. Lopez (WV)

(f) Janice Lunsford Wiseman (WV)

COMPLAINANT: John M. "Butch" James (WV)

SUBJECT: Publishing anonymous slate card

3. MUR 4786

RESPONDENTS: (a) Steve Horn for Congress, John S. Horn, Jr., treasurer (CA)

(b) Indian-Americans for Horn and treasurer (CA)

COMPLAINANTS: Preston Fletcher, Campaign Manager, Mathews for Congress (CA)

SUBJECT: Impermissible use of contributor list for solicitation purposes

4. MUR 4801

RESPONDENTS: (a) Honorable Harry M. Reid (NV)

(b) David Cherry, Deputy Press Secretary to Senator Harry Reid (NV)

(c) Gerald Reed, Legislative Assistant to Senator Harry Reid (NV)

(d) Nevada State Council of Senior Citizens, Scott Watts,

President (NV)

(e) Jewish War Veterans Post #711 and President (DC)

(f) Jewish War Veterans Post #65 and President (DC)

COMPLAINANT: Jonathan Levenson, President, Clark County Chapter #04530, National Council of Senior Citizens (NV)

SUBJECT: Corporate contributions; issue advocacy

5. MUR 4804

RESPONDENTS: (a) O’Connor Committee, Paul Korian, treasurer (MA)

(b) Campaign for Electric Rates, Frances Graham, treasurer (MA)

COMPLAINANT: Thomas R. Kiley, treasurer, "Yes on 4 Coalition"(MA)

SUBJECT: Use of campaign funds for state ballot initiatives

6. MUR 4805

RESPONDENTS: (a) Don E. Carroll (OK)

(b) Arlie J. Nixon (OK)

COMPLAINANT: Jerry Kobyluk (OK)

SUBJECT: Failure to register and report

7. MUR 4807

RESPONDENTS: (a) Rudy Izzard (TX)

(b) Texans for Rudy Izzard (1998 Committee), Freddy L. Moore, treasurer (TX)

(c) Izzard for Congress - 96, Freddy L. Moore, treasurer (TX)

(d) Steve Stephens (TX)

(e) Chester Upham (TX)

(f) H. M. "Harry" Bettis (TX)

(g) Dr. Dale McDonald (TX)

(h) Paxon for Congress, Roger D. Upton, treasurer (NY)

(i) Guthrie Trailer Sales and owner (TX)

COMPLAINANTS: Matthew Angle, Executive Director, Democratic Congressional Campaign Committee (DC)

SUBJECT: Excessive contributions; failure to file 48-hour reports; failure to file disclosure reports timely; corporate contribution

8. MUR 4815

RESPONDENTS: (a) Honorable John J. LaFalce (NY)

(b) Friends of John LaFalce, Roger A. Marchione, Jr., treasurer (NY

COMPLAINANT: Ralph M. Mohr (MY)

SUBJECT: Disclaimer; failure to include clear statement of Federal law regarding collection and reporting of contributor information

9. MUR 4827

RESPONDENTS: (a) Honorable Ben Nighthorse Campbell (CO)

(b) Campbell Victory Fund, Aaron L. Clark, treasurer (CO)

(c) National Republican Senatorial Committee, Stan Huckaby, treasurer (DC)

(d) Stuart D. Roy (VA)

COMPLAINANTS: Charles G. Michaels, General Counsel, Colorado Democratic

Party (CO)

SUBJECT: Excessive contributions; use of non-federal funds in federal election; failure to report contributions

10. MUR 4853

RESPONDENTS: (a) Pat Neal for Congress, Marty Kreisler, treasurer (CA)

(b) Patricia W. Neal (CA)

(c) Seaside Mortgage Corporation (CA)

COMPLAINANT: James Righeimer (CA)

SUBJECT: Failure to accurately report loans; unsecured loan; disguising contributions with alleged loan

11. MUR 4857

RESPONDENTS: (a) Thomas Lee Hickey (MI)

(b) Hickey for the House, Teresa Folino, treasurer (MI)

(c) Republican National Committee - RNC, Alec Poitevint,

treasurer (DC)

COMPLAINANTS: Barbara Ryan Fuller, Political Director, Rivers for Congress (MI)

SUBJECT: Disclaimer

12. MUR 4859

RESPONDENTS: (a) Charles A. Gonzalez Congressional Campaign, Irene S. Baldridge, treasurer (TX)

(b) San Antonio Express-News (TX)

COMPLAINANT: Michael Idrogo (TX)

SUBJECT: Corporate contribution

13. MUR 4860

RESPONDENT: The Blair Bedford Post (Unk)

COMPLAINANTS: Lee C. Swartz on behalf of Congressman Bud Schuster (PA)

SUBJECT: Disclaimer

 

Dismissed - Stale

1. Pre-MUR 353

RESPONDENTS:

(a) Republican National Committee (DC)

(b) Michael Kojima (CA)

COMPLAINANTS: Referral by Lee J. Radek, Chief, Public Integrity Section, Criminal Division, U. S. Department of Justice (DC) [Original complaint filed with DOJ by Common Cause 8/97, re: 1992 election]

SUBJECT: Foreign national contributions

2. MUR 4466

RESPONDENTS: (a) New Jersey Republican State Committee, H. George Buckwald, treasurer (NJ)

(b) Zimmer for Senate, Inc., David Millner, treasurer (NJ)

COMPLAINANTS: Torricelli for US Senate, Gioia Lucente, assistant treasurer (NJ)

SUBJECT: Excessive contributions; independent expenditures; issue advocacy

 

3. MUR 4505

RESPONDENTS: (a) Torricelli for US Senate, Inc., Stephen Moses, former treasurer (NJ)

(b) DNC Services Corp./Democratic National Committee, R. Scott Pastrick, former treasurer (DC)

(c) AFL-CIO (DC)

(d) AFL-CIO Committee on Political Education ("COPE"), Richard Trumka, treasurer (DC)

COMPLAINANTS: Craig M. Engle, General Counsel, National Republican Senatorial Committee (DC)

SUBJECT: Use of non-federal funds in connection with a federal election; issue ads; disclaimer; failure to report coordinated expenditures

4. MUR 4647

RESPONDENTS: (a) Honorable Martin Frost (TX)

(b) Martin Frost Campaign Committee, Bonnie Kay Breazeale, treasurer (TX)

(c) Tarrant County Democratic Party, Art Brender, County Chair (TX)

(d) 21st Century Political Action Committee, Art Brender,

treasurer (TX)

(e) Democratic Congressional Campaign Committee, Matthew H. Angle, treasurer (DC)

COMPLAINANTS: Richard A. Ford, President, Project ’94, Conservative

Advocacy, Inc. (TX)

SUBJECT: Use of non-federal money for federal campaign

5. MUR 4690

RESPONDENT: Honorable Albert Gore, Jr. (DC)

COMPLAINANT: John V. Tudisua (MA)

SUBJECT: Various allegations

6. MUR 4711

RESPONDENTS: (a) Benjamin Franklin Reform Democratic Club and treasurer (NY)

(b) Co-op City Democratic Club, Lillian Friedman, treasurer (NY)

COMPLAINANT: Alvin Gordon (NY)

SUBJECT: Contribution in the name of another/excessive contribution

7. MUR 4722

RESPONDENTS: Lauro A. Bustamente for Congress, Lucy Proctor, treasurer (TX)

COMPLAINANT: Jason Stanford (TX)

SUBJECT: Failure to file reports

 

8. MUR 4740

RESPONDENTS: (a) Americans for a Brighter Future, Raynard Jackson, treasurer (DC)

(b) Raynard Jackson (DC)

(c) Telly L. Lovelace (MD)

COMPLAINANT: Telly L. Lovelace (MD)

SUBJECT: Mismanagement of campaign funds; falsifying treasurer’s signature

9. MUR 4743

RESPONDENTS: (a) Honorable William F. Goodling (PA)

(b) Bill Goodling for Congress Committee, Lewis E. Elicker III, treasurer (PA)

(c) National Republican Congressional Committee, Donna Singleton, treasurer (DC)

COMPLAINANT: Garry C. Kling (PA)

SUBJECT: Excessive contributions

*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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