MUR 5358: Jamie Jacob Morgan
The Commission entered into a conciliation agreement with Jamie Jacob Morgan to settle violations of the Federal Election Campaign Act (the Act). Mr. Morgan, a 2002 Republican candidate for Congress, agreed to pay a $60,000 civil penalty for knowing and willful violations of the Act.
Background
The Act specifically addresses violations of the law that are "knowing and willful," meaning that a person violates the law with knowledge and recognition that his or her actions are improper. Additionally, the Act requires every political committee to name a treasurer who files periodic reports with the FEC disclosing the committee's receipts and disbursements. The treasurer is personally responsible for the accuracy of the reports.
Mr. Morgan's former colleagues filed a complaint with the Commission alleging that reports filed by Mr. Morgan's campaign committee, Morgan for Congress, included inaccurate information regarding campaign contributions by, and refunds to, them. Mr. Morgan admitted that the allegations were true, but initially claimed that the errors were caused by a computer malfunction. The Commission conducted an investigation and found that Mr. Morgan violated the Act. On the 2002 Amended April Quarterly report, Mr. Morgan disclosed contributions of $11,300, which included several inflated and fictitious contributions from the complainants and Mr. Morgan. The Amended July Quarterly report disclosed contributions of $200,300 from 115 contributors, the vast majority of whom were fictitious. The committee's amended termination report disclosed $177,200 in fictitious contribution refunds.
The Commission determined that Mr. Morgan deliberately filed reports in 2002 containing false contributions and refunds, accepted excessive contributions, commingled campaign funds with his personal fund to unlawfully terminate the Committee, and that he failed to keep and maintain proper records in 2002.
Mr. Morgan acted as the treasurer for his committee, preparing and filing all reports, instead of his brother John Morgan, who was the named treasurer for the committee. The Commission took no action against John Morgan, as he never actually performed any of the duties of a treasurer.
Conciliation Agreement
Mr. Morgan agreed to pay a civil penalty of $60,000.