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News Release

 

For Immediate Release

Contact: 

Judith Ingram

February 27 , 2009

Mary Brandenberger

 

 

FEC TAKES FINAL ACTION ON SIX MATTERS

WASHINGTON -- The Federal Election Commission has made public its final action on six previous Matters Under Review (MURs). In one matter, the Commission closed a case in connection with a Supreme Court ruling that sections of the Bipartisan Campaign Reform Act of 2002 were unconstitutional.  In three of the matters, the Commission found no reason to believe violations occurred and closed the files. The Commission dismissed the two final cases, issuing an admonishment in one for failure to file campaign reports in a timely manner.

Under the law, the FEC must attempt to resolve its enforcement cases, or MURs, through a confidential investigative process that may lead to a negotiated conciliation agreement between the Commission and the individual or group.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.fec.gov/eqs/searcheqs.

MUR 5728

RESPONDENTS:

Friends of Jack Orchulli and Jack Orchulli in his official capacity as treasurer; and Jack Orchulli

COMPLAINANT:

FEC-initiated

SUBJECT:

The FEC alleged that Orchulli and his campaign committee failed to file 24-hour notices of personal expenditures in a timely fashion.

OUTCOME:

The Commission closed the case after the Supreme Court issued its decision in Davis v. FEC ruling the so-called “Millionaires’ Amendment” of the Bipartisan Campaign Reform Act of 2002, and some related reporting requirements, unconstitutional.

MUR 5998

RESPONDENTS:

John McCain; John McCain for 2008, Inc. and Joseph Schmuckler as treasurer; Lord Jacob Rothschild; and Nathaniel Philip Rothschild

COMPLAINANT:

Judicial Watch

SUBJECT:

The complaint alleged that John McCain 2008, Inc., Schmuckler, in his official capacity as treasurer, and McCain accepted in-kind contributions from foreign nationals Lord Jacob Rothschild and Nathaniel Philip Rothschild.

OUTCOME:

The Commission found no reason to believe that the Rothschilds made in-kind contributions to McCain or his campaign committee and closed the file.

MURs 5976/5984/6003

RESPONDENTS:

John McCain 2008, Inc. and Joseph Schmuckler as treasurer; John McCain

COMPLAINANTS:

Democratic National Committee; Jane Hamsher; and Isabel Perkins et al.

SUBJECT:

The three complaints alleged that John McCain 2008, Inc., Schmuckler, in his official capacity as treasurer, and McCain violated, or were about to violate, the Presidential Primary Matching Payment Account Act (the Matching Payment Program) by exceeding the spending limits imposed on candidates participating in the program. While McCain stated to the FEC his intention to withdraw from the program, the complaints alleged that he could not because John McCain 2008, Inc. had entered into a commercial loan agreement in which it pledged a security interest in Matching Payment Program funds. The complaints, which were joined in a single case, also alleged that John McCain 2008, Inc. could have violated the reporting requirements of the Federal Election Campaign Act by failing to report that the collateral for the loan included “certification for federal matching funds” or “public financing.”

OUTCOME:

The Commission found no reason to believe that John McCain 2008, Inc. violated the law because McCain permissibly withdrew from the Matching Payment Program and thus was released from his obligations. It also found no reason to believe that a violation occurred as a result of the Committee’s reporting of McCain’s loan. The Commission closed the files.

MUR 6010

RESPONDENTS:

Tom McClintock; McClintock for Congress and David Bauer as treasurer; Partnership for America; National Indian Gaming Association; and Steven J. Ding

COMPLAINANTS:

Cheryl A. Schmit; James W. Holmes; Peter Hill; John M. Holmes; Rusty Dupray; Kirk Uhler; Frederic C. Rockholm; Spencer Short; and Robert M. Weygandt

SUBJECT:

The complaint alleged that Partnership for America made in-kind contributions in the form of communications coordinated with McClintock’s congressional campaign. The complaint alleged that as a result, the McClintock for Congress campaign and Bauer, in his official capacity as treasurer, accepted excessive and prohibited campaign contributions. The complaint also alleged that Ding acted as an agent soliciting contributions for the McClintock for Congress campaign, and that McClintock personally solicited contributions from Indian tribes at a National Indian Gaming Association conference.

OUTCOME:

The Commission found no reason to believe that Partnership for America made expenditures on behalf of McClintock, or that the McClintock for Congress committee and Bauer received and failed to disclose excessive or prohibited contributions.  No liability was established for the allegations against Ding and the National Indian Gaming Association. The Commission closed the file.

MUR 6008

RESPONDENTS:

Friends of Tony Barr Committee and Elizabeth Barr as treasurer

COMPLAINANT:

National Republican Congressional Committee

SUBJECT:

The complaint alleged that the Friends of Tony Barr Committee filed late and inaccurate organizing and financial statements.

OUTCOME:

The Commission dismissed the case, admonished the Friends of Tony Barr Committee and Elizabeth Barr, in her official capacity as treasurer, for failing to file the Committee’s Statement of Organization and its 2008 Pre-Primary Report in a timely manner, and closed the file.

MUR 6030

RESPONDENTS:

Dan Seals for Congress and Harry Pascal as treasurer

COMPLAINANT:

Louis G. Atsaves

SUBJECT:

The complaint alleged that Dan Seals for Congress and the committee’s treasurer, Pascal, failed to disclose in-kind contributions it made to the principal campaign committee of congressional candidate Bill Foster.

OUTCOME:

The Commission dismissed the case and closed the file.

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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