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For Immediate Release
January 7, 2003
Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
COMPLIANCE CASES MADE PUBLIC
WASHINGTON -- The Federal Election Commission has recently made public its final action on four matters previously under review (MURs). This release contains only disposition information.

Specific released documents placed on the public record within the following closed MURs are cited following DISPOSITION heading. Release of these documents is consistent with the district court opinion in the December 19, 2001, decision of AFL-CIO v. FEC, now on appeal to the D.C. Circuit Court of Appeals. Once an appellate decision is rendered, the Commission will review documents related to cases released in the interim.

1. MUR 5204
RESPONDENTS: (a) Hofmeister for Congress Committee, Curtis Coonrod, treasurer

(b) Gary Hofmeister

(c) Hofmeister Personal Jewelers, Inc.

(d) Dreamtech, Inc.

COMPLAINANT: FEC Initiated
SUBJECT: Failure to file 48-hour reports; corporate contributions; contribution in the name of another
DISPOSITION: (a) Conciliation Agreement: $4,800 civil penalty*

[re: failure to file 48-hour reports]

Reason to believe, but took no further action*

[re: corporate contributions; contribution in the name of another]

(b-d) Conciliation Agreement: $11,200 civil penalty*

[re: corporate contributions; contribution in the name of another]

DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #2; certification of vote by Commissioners (dated July 30, 2002); certification of vote by Commissioners (dated November 1, 2002); Conciliation Agreement (Gary Hofmeister for Congress Committee); Conciliation Agreement (Gary Hofmeister, Hofmeister Personal Jewelers, Inc., Dreamtech, Inc.); receipt of payment (dated November 6, 2002); receipt of payment (dated November 19, 2002)
2. MUR 5208
RESPONDENTS: (a) Amboy National Bank

(b) George Scharpf, President of Amboy National Bank and Chairman of its Board of Directors

(c) Peggy Ann Dembowski, Vice President of Amboy National Bank and serves as Cashier/Trust Officer

(d) Jersey Bankers Political Action Committee, W. Stuart Cameron, treasurer

COMPLAINANTS: FEC Initiated
SUBJECT: National bank contributions/facilitation of contributions/contributions in the names of others
DISPOSITION: (a-b) Conciliation Agreement: $84,000 civil penalty*

[Amboy National Bank will pay $60,000 and George Scharpf will pay $24,000]

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

Send admonishment letter.

(d) Conciliation Agreement: $2,000 civil penalty*

DOCUMENTS ON PUBLIC RECORD: General Counsel’s Report #2; certification of vote by Commissioners (dated September 20, 2002); Conciliation Agreement (Amboy National Bank and George Scharpf); receipt of payment (dated September 11, 2002); certification of vote by Commissioners (dated October 23, 2002); Conciliation Agreement (Jersey Bankers PAC); receipt of payment (dated November 6, 2002)
3. MUR 5235
RESPONDENTS: (a) Republican Party of Arkansas, Lloyd E. Lindsey, treasurer

(b) Jennings Osborne

(c) Chelsey Pruet

(d) Rosalinda S. Winstead

COMPLAINANT: FEC Initiated (Audit)
SUBJECT: Excessive contributions; failure to itemize contributions from political committees; failure to correctly disclose contributions from individuals; misstatement of financial activity; failure to itemize disbursements shared from the non-federal account; failure to pay allocable expenses from federal account; failure to provide documentation to support an allocation of disbursements for a fundraising event
DISPOSITION: (a) Conciliation Agreement: $45,000 civil penalty*

Respondent will provide written documentation that they have rectified the excessive nature of the contributions.

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

[re: excessive contributions]

Sent admonishment letters.

DOCUMENTS ON PUBLIC RECORD: First General Counsel’s Report (dated September 27, 2001); certification of vote by Commissioners (dated October 10, 2001); certification of vote by Commissioners (dated October 3, 2002); Conciliation Agreement (Republican Party of Arkansas); receipt of payment (dated September 26, 2002)
4. MUR 5270
RESPONDENTS: American Federation of State, County, and Municipal Employees – Public Employees Organized to Promote Legislative Equality (AFSCME – PEOPLE), William Lucy, treasurer
COMPLAINANT: FEC Initiated
SUBJECT: Failure to fully disclose disbursements on its disclosure reports; failure to accurately report corresponding cash-on-hand in disclosure reports from January 1995 through September 2000
DISPOSITION: Conciliation Agreement: $60,000 civil penalty*

The Respondents agree to cease and desist violating 2 U.S.C. 434; and agree to properly disclose all future transfers from its federal to its non-federal accounts.

DOCUMENTS ON PUBLIC RECORD: Certification of vote by Commissioners (dated September 25, 2002); Conciliation Agreement; receipt of payment (dated October 22, 2002)

 

*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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