For Immediate Release

Contact:  

Judith Ingram

March 13, 2009

Mary Brandenberger

FEC TAKES FINAL ACTION ON FOUR MATTERS

WASHINGTON – The Federal Election Commission recently made public its final action on four matters under review (MURs), which resulted in civil penalties totaling $56,000. In three matters, the FEC entered into conciliation agreements that resulted in civil penalties of $33,000, $15,000 and $8,000, respectively. In a fourth matter, the Commission found no reason to believe that the alleged violations occurred and closed the file.

Under the law, the FEC must attempt to resolve its enforcement cases, or MURs, through a confidential investigative process that may lead to a negotiated conciliation agreement between the Commission and the individual or group. Additional information regarding MURs can be found on the FEC web site at http://www.fec.gov/em/mur.shtml.

This release contains only summary information. For additional details, please consult publicly available documents for each case in the Enforcement Query System (EQS) on the FEC web site at http://eqs.fec.gov/eqs/searcheqs.

MUR 6093

RESPONDENTS:

Transurban Group and Transurban (USA) Inc.

COMPLAINANT:

Self-reported

SUBJECT:

The report alleged that the Transurban Group and Transurban (USA) Inc. made nonfederal contributions with funds provided by their foreign parent corporation.

OUTCOME:

The Commission found reason to believe that Transurban Group and Transurban (USA) Inc. violated the Act by making contributions with funds provided by a foreign national. Foreign nationals are prohibited from making contributions. The Commission accepted a conciliation agreement with a $33,000 civil penalty and closed the file.

RESPONDENTS:

Gallagher for Senate and Kenneth M. Lancaster as treasurer

COMPLAINANT:

FEC-initiated

SUBJECT:

In the normal course of carrying out its supervisory responsibilities, the FEC discovered that Gallagher for Senate failed to report disbursements totaling $1,358,897 in a quarterly Report.

OUTCOME:

The Commission found probable cause to believe that Gallagher for Senate and Lancaster, in his official capacity as treasurer, violated the law by failing to report more than $1 million in disbursements. According to the respondents, the failure to disclose the disbursements was the result of administrative oversight. The FEC and the respondents entered into a conciliation agreement in which the respondents agreed to a civil penalty of $15,000.

MUR 6106

RESPONDENTS:

Minnesota Corn Growers Association (MCGA); Minnesota Corn Growers Association PAC and Michael McCarvel as treasurer;  and MN Corn PAC and Michael McCarvel as treasurer

COMPLAINANT:

Self-reported by the Minnesota Corn Growers Association

SUBJECT:

The MCGA disclosed information to the FEC showing that MN Corn PAC, its state PAC, violated the Act when it failed to register and report as a political committee, accepted prohibited contributions, made excessive contributions and accepted funds used in connection with federal elections without the required notices. The MCGA also disclosed that MCGA PAC, MCGA’s separate segregated fund, violated the Act by failing to disclose its affiliation with MN Corn PAC and the MCGA violated the Act by soliciting outside its restricted class.

OUTCOME:

Based on the self-disclosed facts and other available information, the Commission found reason to believe that MN Corn PAC and McCarvel, in his official capacity as treasurer, failed to register and report as a political committee, made excessive contributions, accepted funds used in connection with federal elections without the required notices and accepted prohibited contributions. The Commission also found reason to believe that MCGA PAC and McCarvel, in his official capacity as treasurer, violated the Act by failing to disclose its affiliation with MN Corn PAC and that MCGA solicited funds outside its restricted class.

In a conciliation agreement, the respondents agreed to pay a civil penalty of $8,000 dollars, hire outside counsel to monitor compliance and review reports before submission to the Commission for one year and cease from violating the law.

MUR 6059

RESPONDENTS:

Sean Parnell for Congress and Mary Elder Miller as treasurer; Club for Growth PAC and Pat Toomey as treasurer

COMPLAINANTS:

Barbara Mee and Alaskans for Don Young

SUBJECT:

The complaint alleged that the Club for Growth PAC coordinated a television ad advocating Parnell’s nomination for a congressional election with Parnell’s campaign committee, that the coordination resulted in an excessive in-kind contribution and that the ad was an improper electioneering communication.

OUTCOME:

The Commission found no reason to believe that the alleged violations occurred and closed the file.