WASHINGTON --The Federal Election Commission has recently made public action on four matters previously under review (MURs). In MUR 5684, the Commission found no reason to believe that Sean Combs and others made or received corporate contributions, failed to report electioneering communications or made coordinated expenditures.
In MUR 5639, the Commission found reason to believe that Northeast Conservative PAC violated the law by failing to file a report and disclose receipts and disbursements. The Commission sent an admonishment letter with a warning that any additional violations will void the committee’s administrative termination.
The Commission found no reason to believe that Bob Filner (CA/51) and his campaign converted campaign funds to personal use by paying his wife as a campaign consultant.
The Commission exercised its prosecutorial discretion and dismissed MUR 5651 against Joseph Gallagher and the Blount County Democratic Party. Two Statements of Reason were issued.
This release contains only disposition information.
1. |
MUR 5684 |
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RESPONDENTS: |
(a) Citizen Change
(b) Sean Combs
(c) Bad Boy Worldwide Entertainment Group
(d) Kerry – Edwards 2004, Inc., David Thorne, treasurer |
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COMPLAINANT: |
National Legal and Policy Center |
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SUBJECT: |
Corporate contributions; failure to report electioneering expenditures; impermissible coordinated contributions |
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DISPOSITION: |
(a) No reason to believe*[re: corporate contributions; failure to report electioneering expenditures]
(b-c) No reason to believe*[re: corporate contributions]
(d) No reason to believe*[re: impermissible coordinated contributions]
The complainant alleged that Citizen Change violated the Act by making impermissible corporate expenditures and in-kind contributions by coordinating its GOTV activities with the campaign of Democratic presidential candidate John Kerry, and failing to report its receipts or expenditures made for alleged partisan electioneering activities. The complaint alleged Bad Boy Worldwide Entertainment Group (BBWEG), a for-profit corporation controlled by Mr. Combs, may have underwritten some of Citizen Changes’ political activities. Citizen Change submitted a detailed response illustrating how it was funded and operated by Mr. Combs, including copies of talking points and speeches used for public appearance and rallies, as well as instructions and scripts provided to celebrity participants. Kerry – Edwards 2004, Inc. also denied the allegations and argued that their action did not violate the Act. The Commission found no reason to believe the law had been violated. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5684 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
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| 2. |
MUR 5639 |
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RESPONDENTS: |
(a) Northeast Conservative PAC, Gianna Splitstoser, treasurer
(b) Kristian Warner
(c) Monty Warner |
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COMPLAINANT: |
Charles Bolen
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SUBJECT: |
Failure to file report; failure to report contributions and disbursements
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DISPOSITION: |
(a) Reason to believe, but took no further action*[re: failure to file report; failure to report receipts and disbursements]
Sent admonishment letter.
(b-c) No reason to believe*[re: any provision of the Act]
The complainant alleged that Northeast Conservative PAC received contributions and made expenditures for yard signs in West Virginia in September 2004 reading Bush/Warner – Paid for by the Northeast Conservative PAC, without reporting such activity to the Commission. The complaint further alleges that if the PAC did not pay for the signs, then someone else, including Monty and Kris Warner may have funded the signs and improperly attributed them to the PAC. The PAC was registered with the Commission until December 9, 2004, when it was administratively terminated. Kris Warner acknowledged that he and his wife contributed $7,002.28 to the Northeast Conservative PAC in September 2004. Monty Warner stated that he had no involvement or role whatsoever in the planning, coordination, or production of the Bush/Warner campaign signs and did not authorize the production of these signs. The Commission found reason to believe the PAC may have been violated the law because it appeared that prior to its termination, the PAC received $10,000 from the Warner family during 2004, some or all of which were expended on the yard signs in question, but the committee failed to report these as both a receipts and disbursements and also failed to file any reports for the covered period. The Commission decided to take no further action but sent an admonishment letter warning that any additional Federal activity will void the administrative termination. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering
5639 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
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MUR 5701 |
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RESPONDENTS: |
(a) Bob Filner for Congress (CA/51), Mark Pollick, treasurer
(b) Congressman Bob Filner
(c) Jane Filner
(d) Campaign Resources |
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COMPLAINANT: |
Juan Vargas |
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SUBJECT: |
Personal use of campaign funds |
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DISPOSITION: |
(a-d) No reason to believe*
The complainant alleged that Bob Filner for Congress has been “diverting” campaign contribution to Filner’s wife’s company, Campaign Resources, and to the Filner household. The complaint requested an investigation as to whether Jane Filner performed bona fide services to the Filner committee. The respondents asserted that Jane Filner established her company as a sole proprietorship in Washington D.C. in 1995. The respondents submitted documents showing that Campaign Resources received an Employer Identification Number from the IRS and a D.C. Business Tax Registration Number, and also a sample of work prepared by Jane Filner, including several solicitation letters and one newsletter. The Commission found no reason to believe that the respondents violated the Act because they provided sufficient and specific facts to rebut the complainant’s allegation that the company was a “sham.” Further, no information was presented to the Commission that Campaign Resources did not do bona fide work or was paid more than fair market value for its work.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5701 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
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| 4. |
MUR 5651 |
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RESPONDENTS: |
(a) Joseph Gallagher
(b) Blount County Democratic Party, Arnold G. Pesterfield, treasurer |
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COMPLAINANT: |
Don Sparks |
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SUBJECT: |
Misdeposited receipts; failure to file disclosure reports |
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DISPOSITION: |
(a-b) Dismiss the matter
The complainant alleged that Joseph Gallagher violated the law by depositing at least five checks made out to the Blount County Democratic Party into an account he opened as Blount County Kerry for President and by failing to file disclosure reports. In response to the complaint, Mr. Gallagher asserted that he met with both the complainant and the Executive Committee of the Blount County Democratic Party, and that both were satisfied with his accounting with respect to the Blount County Kerry for President campaign. The Commission decided to exercise its prosecutorial discretion and dismissed the matter. Two Statements of Reasons were issued, one by Chairman Toner and Commissioners Mason and von Spakovsky, and a second by Vice Chairman Lenhard and Commissioners Walther and Weintraub.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5651 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
