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The Score FEC ANNOUNCES FINAL ACTION ON EIGHT MATTERS - FEC Press Release

For Immediate Release

Contact: 

Judith Ingram

February 2, 2009

Mary Brandenberger

 

WASHINGTON -- The Federal Election Commission recently made public its final action on several previous matters under review (MURs). Seven individuals agreed to pay a total of $65,500 in civil penalties in one matter. The Commission found no reason to believe the law was violated in four matters, took no further action on one and dismissed allegations in two matters.

Under the law, the FEC must attempt to resolve its enforcement cases, or Matters Under Review (MURs), through a confidential investigative process that may lead to a negotiated conciliation agreement between the Commission and the respondent.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.nictusa.com/eqs/searcheqs.

MUR 5871

RESPONDENTS:

Thomas W. Noe; Joseph F. Restivo; Donna Owen; Samuel S. Thurber; Margaret L. Thurber; Sally A. Perz; Howard D. Talbott; Betty K. Schultz; and 17 others

COMPLAINANT:

United States Department of Justice

SUBJECT:

In MUR 5871, which was referred to the FEC by the U.S. Department of Justice, the Commission found reason to believe that 25 individuals had knowingly and willfully permitted their names to be used to effect the making of a contribution in the name of another. The matter stemmed from the criminal case of Thomas W. Noe, a party fundraiser supporting Bush-Cheney ’04, Inc. On May 31, 2006, Mr. Noe pleaded guilty in the U.S. District Court for the Northern District of Ohio to charges of conspiracy, making illegal campaign contributions and causing a false statement to be made to the FEC. As such, the Commission exercised its prosecutorial discretion to take no further action against Mr. Noe because he was convicted of criminal charges relating to the same conduct.

OUTCOME:

The Commission admonished and took no further action against 18 respondents and signed conciliation agreements with seven respondents.

In conciliation agreements, the respondents agreed to the following civil penalties:

  • Joseph F. Restivo – $25,000
  • Donna Owens – $9,000
  • Samuel S. Thurber – $9,000
  • Margaret L. Thurber – $9,000
  • Sally A. Perz – $7,000
  • Howard D. Talbott – $5,000
  • BettyK. Schultz – $1,500

MUR 5944

RESPONDENTS:

International Brotherhood of Electrical Workers, Local 108, of Tampa, Florida; and International Brotherhood of Electrical Workers, Local 108 PAC Fund (separate segregated fund)

COMPLAINANT:

Sumter Electric Cooperative

SUBJECT:

In MUR 5944, Sumter Electric Cooperative alleged that the respondents failed to include notices regarding voluntary contributions to the local union political action committee in a June 11, 2007, letter soliciting contributions and in payroll deduction forms, as required under the Federal Election Campaign Act (FECA/the Act). The complainants further alleged that the respondents solicited both members and non-members of the union and thus solicited beyond the restricted class.

OUTCOME:

The Commission found no reason to believe that the respondents violated the Act.

MUR 5943

RESPONDENTS:

Californians for Equal Representation; Rudolph W. Giuliani; Rudy Giuliani Presidential Committee, Inc. and John H. Gross as treasurer; Paul Singer; and Take Initiative America, LLC

COMPLAINANT:

Ursula Angell and James C. Harrison

SUBJECT:

In MUR 5943, Ursula Angell and James C. Harrison alleged that presidential candidate Rudolph W. “Rudy” Giuliani, the Rudy Giuliani Presidential Committee, Inc. and John H. Gross, in his official capacity as treasurer, through their alleged agent, Paul Singer, solicited or directed contributions to Take Initiative America, LLC, in excess of federal limits and from impermissible sources such as corporations or foreign entities. The complainants further alleged that the respondents coordinated with a California state political committee, Californians for Equal Representation, resulting in an excessive in-kind contribution to the Giuliani campaign.

OUTCOME:

The Commission found no reason to believe that the respondents violated the Act.

MUR 5898

RESPONDENTS:

Washington State Democratic Central Committee and Habib M. Habib as treasurer; and Ryan Pennington.

COMPLAINANT:

FEC initiated (Audit)

SUBJECT:

In MUR 5898, pursuant to information ascertained in the normal course of carrying out its supervisory responsibilities, the FEC found reason to believe that Ryan Pennington, an employee of the Washington State Democratic Central Committee, knowingly and willfully violated the Act by comingling political committee funds with his personal funds.

OUTCOME:

The Commission took no further action and closed the file.

MUR 5972

RESPONDENTS:

Iowa Christian Alliance; Steve Scheffler, President of Iowa Christian Alliance (ICA); and Marlene Elwell

COMPLAINANT:

Stacey Lynn Cargill

SUBJECT:

In MUR 5972, Stacey Lynn Cargill alleged that Steve Scheffler, President of the Iowa Christian Alliance (ICA), and the ICA, a tax-exempt group organized pursuant to IRS section 501(c)(4), violated campaign finance laws by working to influence an election. The complainant also alleged that ICA violated the Act by allowing political activist Marlene Elwell to use its office space and database in efforts to influence potential Iowa voters to cast their ballots for presidential candidate Mitt Romney.

OUTCOME:

The Commission found no reason to believe that the respondents violated any provisions of the Act or FEC regulations and closed the file.

MUR 5983

RESPONDENTS:

Eric Roberson Senate Exploratory Committee; Eric Roberson for Congress Campaign and Jana Brynne Sissom as treasurer; Eric Nelson Roberson

COMPLAINANT:

Stephen L. Love

SUBJECT:

Stephen L. Love alleged that Eric Roberson, a candidate in the 32nd Congressional District of Texas, failed to file a timely Statement of Candidacy in connection with his Senate campaign; that the Eric Roberson Senate Exploratory Committee failed to file a timely Statement of Organization and disclosure reports; and that the Eric Roberson for Congress Campaign accepted and failed to disclose an excessive in-kind contribution.

OUTCOME:

The Commission found no reason to believe that Mr. Roberson, the Eric Roberson Senate Exploratory Committee, nor Brynne Sisson, in her official role as treasurer, violated the Act. The Commission closed the file.

MUR 5982

RESPONDENTS:

Chris Jennings for Congress and Susan K. Flynn as treasurer; Christine Jennings for Congress and Susan K. Flynn as treasurer; Jennings 2008 and Ed Chiles as treasurer; and Christine L. Jennings, a candidate in Florida’s 13th Congressional District

COMPLAINANT:

Jan Schneider, Esq.

SUBJECT:

Jan Schneider alleged that the respondents’ failure to remit payroll taxes withheld from campaign employees to federal and state taxing authorities in a timely manner, as well as the possible use of those monies to pay for campaign expenditures, constituted an acceptance of in-kind contributions from those campaign employees, which in some cases exceeded the contribution limits permitted by law.

OUTCOME:

 Complaint dismissed.

MUR 5985

RESPONDENTS:

Timothy G. Burns, a candidate in Louisiana’s First Congressional District; Thomas J. Eppling; Florida Marine Transporters, Inc.; and Tim Burns for Congress

COMPLAINANT:

Stephen M. Gele

SUBJECT:

Stephen M. Gele alleged that the Tim Burns for Congress Committee violated various disclaimer provisions and failed to disclose a disbursement.

OUTCOME:

Complaint dismissed.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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