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For Immediate Release
April 4, 2005
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 a two matters previously under review (MURs). This release contains only disposition information.

1. MUR 5359  
     
  RESPONDENTS:

(a)   Paul Williams

(b)   Paul Williams for Congress, Michael Mundy, treasurer

(c)   Paul Williams Campaign, Walter E. Combs, treasurer
  COMPLAINANT:

FEC Initiated (Audit)

  SUBJECT: Failure to maintain records; failure to disclose contributions; failure to disclose contributions; failure to employ “best efforts” in obtaining contributor information; failure to report and itemize disbursements; excessive cash disbursements; personal use of campaign funds; misstated financial activity; failure to notify Commission of all campaign depositories; failure to deposit all its receipts; disbursements made from undesignated campaign depository
  DISPOSITION:

(a-b)  Conciliation Agreement: $6,000 civil penalty*

(c)      Conciliation Agreement: $2,300 civil penalty*

            MUR 5359 was generated from the audit of Paul Williams for Congress, Paul Williams’ principal campaign committee in the 2000 election. The audit found that the committee failed to maintain records; failed to disclose contributions and exercise best efforts to obtaincontributor information; failure to disclose and continually report outstanding debts and obligations; failed to disclose operating expenditures; made excessive cash disbursements; misstated financial activity; failed to deposit receipts in campaign depositories; failed to properly report campaign depositories; and used campaign funds for personal use. The Commission conciliated with all respondents and the matter is now closed.
  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission's web site at http://www.fec.gov by entering 5406 under case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.

     
2. MUR 5424  
     
  RESPONDENTS:

(a)   Virginia Foxx for Congress, Carolyn Aldridge, treasurer

(b)       Virginia Foxx
  COMPLAINANT:

John B. Whidden V

  SUBJECT: Use of non-federal (state) funds for a federal election
  DISPOSITION:

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

          Sent admonishment letter.

            The complainant stated Virginia Foxx a state senator from North Carolina announced her candidacy for North Carolina’s 5th District in April 2003 and continued to run campaign committees for both the state senate position and her election to federal office. The complaint alleged that telephone expenses, consultant fees, newspaper and radio advertisements, membership dues, staff salary payments, and disbursements for “constituent services” were expenses of the congressional campaign, but were paid for with monies from the state senate committee account. After reviewing disclosure reports the Commission found that the facts did not appear to support the complaint’s allegations regarding web site consultant fees, newspaper and radio advertising, congressional staff salaries and the general increase in the state senate committee’s spending in 2003. However, there appeared to have been de minimis violations of the “soft money” rules in connection with the sate senate committee’s payment of telephone expenses on behalf of the congressional campaign and the personal use rules in connection with the payment of Ms. Foxx’s membership dues in the Yadkin County Chamber of Commerce. The Commission found reason to believe the respondents violated FECA, but because the amounts in violation were de minimis, the Commission decided to take no further action but send admonishment letters.
  DOCUMENTS ON PUBLIC RECORD:

Documents from these matters are available from the Commission's web site at http://www.fec.gov by entering 5424 under the case number in the Enforcement Query System. 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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