HOME / PRESS OFFICE

FEC Home Page

For Immediate Release
September 24, 2004
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
COMPLIANCE CASES MADE PUBLIC
 

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

1. MUR 5112  
     
  RESPONDENTS:

(a)   Federer for Congress Committee, Thomas M. Busken, treasurer

(b)   William J. Federer

(c)   Hutchings Marketing, Inc.
  COMPLAINANTS:

Roy Temple, Executive Director, Missouri State Democratic Committee

  SUBJECT: Failure to adequately report purpose of disbursements; personal use of campaign funds
  DISPOSITION:

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

  [re: failure to adequately report purpose of   disbursements]

(b)   No reason to believe *

  [re: personal use of campaign funds]

(c)   No reason to believe *

  [re: any provision of the Act]

The complaint alleged that the Federer for Congress Committee violated reporting provisions of the Act by concealing the identity of campaign staff who received salaries and other disbursements from the Committee by ?funneling? those payments through a marketing company, Hutchings Marketing, Inc. The complainant further alleges that the Committee failed to adequately report the purpose of certain payments to Hutchings. Also, the complaint alleged that a van purchased or leased by the Committee was not exclusively used by the Committee, thus violating the personal use provisions of the statute and regulations. The Commission found that the Committee failed to provide an adequate purpose for disbursements to Hutchings and other vendors, but decided to take no further action. The Commission found no reason to believe that Mr. Federer violated the law with respect to the use of the campaign van for personal use.
  DOCUMENTS ON PUBLIC RECORD: Documents from these matters are available from the Commission?s web site at http://eqs.sdrdc.com/eqs/searcheqs by entering 5112 under case number. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
2. MUR 5383  
     
  RESPONDENTS:

(a)   Federer for Congress Committee, Thomas M. Busken, treasurer

(b)   Paul A. Matteucci

(c)   Susan Federer
  COMPLAINANT: Referral by Craig C. Donsanto, Director, Election Crimes Branch, Public Integrity Section U. S. Department of Justice
  SUBJECT: Corporate contribution; personal use of campaign funds
  DISPOSITION:

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

    [re: corporate contribution]

(c)     No reason to believe *

     [re: personal use of campaign funds]

The referral from the Department of Justice (DOJ) indicates the Committee ?may have been the recipient of a short-term loan ? since repaid ? from a corporation?in order to assist in covering printing costs of a book.? Paul Matteucci, Mr. Federer's former campaign manager, admitted that his company, AM & PM, Inc., advanced $11,491 on behalf of the Committee to the printing company for 3,000 copies of America's God and Country , and the campaign later reimbursed AM & PM, Inc., a Missouri corporation. Mr. Federer stated that at the time that AM & PM, Inc. paid for the books, the campaign did not have the funds available to have additional copies printed for the campaign. The Commission found reason to believe that the both the campaign violated the law by receiving a corporate contribution and Mr. Matteucci violated the law by consenting to making of a corporate contribution and by accepting or receiving the prohibited contribution, but decided to take no further action.
  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission?s web site at http://eqs.sdrdc.com/eqs/searcheqs by entering 5383 under case number. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
3. MUR 5413  
     
  RESPONDENTS: Democratic Party of Wisconsin Federal Account, Robert Fyrst,treasurer
  COMPLAINANT: FEC Initiated (Audit)
  SUBJECT: Failure to preserve disbursement records; failure to maintain records for disbursements in excess of $200
  DISPOSITION:

Conciliation Agreement: $9,000 * The Commission audited the Committee which covered the reporting period of January 1, 1999 through December 31, 2000 . The audit report found that Respondents violated FECA by failing to maintain a cancelled check, invoice or receipt its disbursements in excess of $200, and failed to preserve required records of these disbursements for three years.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission?s web site at http://eqs.sdrdc.com/eqs/searcheqs by entering 5413 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.

# # #