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For Immediate Release
February 2, 2004
Contact: George Smaragdis
Bob Biersack
Ian Stirton
Kelly Huff

WASHINGTON -- The Federal Election Commission has recently made public its final action on one matter previously under review (MURs). This release contains only disposition information.

1. MUR 5356  
  RESPONDENTS: (a) Bob Franks for U.S. Senate, Inc., Brad Muniz, treasurer

(b) Robert Carvalho

(c) Richard Gardner

(d) Kenneth Fritze

(e) Joseph Jingoli

(f) Russell Rossi

(g) Gail Vernick

  SUBJECT: Excessive contributions; failure to redisignate contributions; failure to file 48 hour notices
  DISPOSITION: Conciliation Agreement: $69,000 civil penalty

Bob Franks for U.S. Senate, Inc., and Brad Muniz as treasurer violated the Act by accepting 362 excessive contributions totaling $347,043 for the 2000 primary and general elections. Of this amount, contributions totaling $24,548 were transferred from Franks for Congress, $104,628 were made for the 2000 primary election and $217,867 were made for the general election. Bob Franks for U.S. Senate attempted to redesignate some of these contributions, but could not produce the required redesignation documentation. Additionally, they violated the Act by failing to file 48 notices for 57 contributions totaling $57,000 during the 2000 primary and general elections and failing to disclose the amount of contributions totaling $11,000 on 48 notices filed for the 2000 primary and general elections.

(b-g) Reason to believe, but take no further action [re: excessive contributions]

Given the relatively small amount of excessive contributions from these contributors, the Commission exercised its prosecutorial discretion by taking no further action.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commissionís web site at fec.gov by entering 5356 under case number. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.


*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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