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For Immediate Release

Contact: 

Judith Ingram

August 4, 2010

Julia Queen
  Christian Hilland
  Mary Brandenberger

 

FEC TAKES FINAL ACTION ON SIX CASES

WASHINGTON – The Federal Election Commission recently made public its final action on six matters under review (MURs). In one matter, respondents agreed to pay a civil penalty of $10,000 and in another matter, respondents agreed to pay a civil penalty of $8,000. In two matters, the Commission found no reason to believe a violation of the Federal Election Campaign Act of 1971, as amended, occurred, and dismissed two other matters.

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 6299

RESPONDENTS:

The National Republican Congressional Committee (NRCC) and Keith Davis, in his official capacity as treasurer

COMPLAINANTS:

Self-reported

SUBJECT:

The NRCC and Davis, in his official capacity as treasurer, disclosed information to the FEC showing that the former treasurer made unauthorized disbursements using committee funds and failed to disclose the transactions on reports filed with the FEC. As a result, the reports disclosed inaccurate cash on hand, disbursements, loan payments and loan balances.

OUTCOME:

In a conciliation agreement, the respondents agreed to pay a $10,000 civil penalty.

MUR 6230

RESPONDENTS:

Wynn for Congress and Curt Clifton, in his official capacity as treasurer

COMPLAINANTS:

FEC Initiated

SUBJECT:

In the normal course of carrying out its supervisory responsibilities, the Commission found that Wynn for Congress and Clifton, in his official capacity as treasurer, failed to refund general election contributions that became excessive when the candidate lost the primary election. Former Representative Albert Wynn was a 2008 primary election candidate for Maryland’s 4th Congressional District.

OUTCOME:

The Commission found reason to believe the respondents violated the Act. In a conciliation agreement, respondents agreed to pay a civil penalty of $8,000. In addition, should Wynn run for future federal office, his authorized committee will pay an additional $12,000 in civil penalties and refund contributors or disgorge to the U.S. Treasury the excessive contributions relating to this violation.

MUR 6218

RESPONDENTS:

Ball4NY and Maria DiSalvo, in her official capacity as treasurer; and Greg Ball

COMPLAINANTS:

Gary Levine

SUBJECT:

The complaint alleged that Ball, Ball4NY and DiSalvo, in her official capacity as treasurer, solicited corporate contributions in connection with a silent auction, accepted and solicited corporate contributions in connection with a campaign event known as the Rockin’ Rib Fest, and solicited excessive contributions at a separate campaign event. The complaint alleged further that Ball, Ball4NY and DiSalvo, in her official capacity as treasurer, accepted transfers of assets from the candidate’s state campaign committee or state office, and failed to include disclaimers on automated telephone calls to disclose who paid for and authorized them. Ball was a 2010 primary election candidate for New York’s 19th Congressional District.

OUTCOME:

The Commission exercised its prosecutorial discretion and dismissed allegations that the respondents accepted and/or solicited corporate and excessive contributions in connection with the silent auction, Rockin’ Rib Fest, and the additional campaign event, and sent a letter of caution.

The Commission found no reason to believe the respondents violated the Act in connection with the allegations that Ball, Ball4NY and DiSalvo, in her official capacity as treasurer, accepted transfers of assets from the candidate’s state campaign committee or state office, and failed to include disclaimers on automated telephone calls to disclose who paid for and authorized them.

MUR 6221

RESPONDENTS:

Transfund PAC and Rod B. Kassir, in his official capacity as treasurer; Kilpatrick for the United States Congress and Carl Stafford, in his official capacity as treasurer; Dan Seals for Congress and Harry Pascal, in his official capacity as treasurer; and Arthur Blackwell.

COMPLAINANTS:

William James Scoggin

SUBJECT:

The complaint alleged that Transfund PAC and Kassir, in his official capacity as treasurer, improperly filed a Notification of Multicandidate Status with the Commission without meeting the qualification requirements for this committee type and was therefore granted higher limits on contributions. The complaint alleged further that the PAC made and other federal candidate committees, including Kilpatrick for the United States Congress and Dan Seals for Congress, accepted excessive contributions as a result. The complaint also alleged that Blackwell made an excessive contribution to the Kilpatrick campaign.

OUTCOME:

The Commission found no reason to believe the respondents violated the Act because, based on reports filed with the Commission, the PAC met the requirements to qualify as a multicandidate committee. There was no evidence to substantiate the claim that Kilpatrick for the United States Congress and Dan Seals for Congress accepted excessive contributions from the PAC or that Arthur Blackwell made an excessive contribution to Kilpatrick for United States Congress.

MUR 6254

RESPONDENTS:

Dr. Lowry Election Committee and Robert Lowes, in his official capacity as treasurer

COMPLAINANTS:

Scott Yeldell

SUBJECT:

The complaint alleged that the Dr. Lowry Election Committee and Lowes, in his official capacity as treasurer, failed to file a disclosure report with the Commission, used a corporate facility for campaign and advertising purposes and solicited and/or accepted excessive and prohibited contributions. Robert Lowry was a 2010 primary election candidate for Texas’ 23rd Congressional District.

OUTCOME:

The Commission exercised its prosecutorial discretion and dismissed the matter in furtherance of the Commission’s priorities and resources relative to other matters.

MUR 6260

RESPONDENTS:

Andrew “Rocky” Radzkowski; Rocky for Congress and Scott B. Mackenzie, in his official capacity as treasurer

COMPLAINANTS:

Brian D. Pierce

SUBJECT:

The complaint alleged that Andrew “Rocky” Radzkowski, Rocky for Congress and Mackenzie, in his official capacity as treasurer, failed to include proper disclaimers on a radio advertisement and a direct mail fundraising letter. Radzkowski was a 2010 primary election candidate for Michigan’s 9th Congressional District.

OUTCOME:

The Commission exercised its prosecutorial discretion and dismissed the matter in furtherance of the Commission’s priorities and resources relative to other matters.

 

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 of Representatives, 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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