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For Immediate Release
September 16, 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 four matters previously under review (MURs). This release contains only disposition information.

1-3. MURs 5350/5354 and 5361  
     
  RESPONDENTS:

(a)   Schneider for Congress, Harold Schneider,treasurer [5350 and 5354]

(b)   Jan Schneider[5350]

(c)   Harold Schneider [5350]

(d)   Samuel Schneider [5350]

(e)   Jane Trainor [5350]

(f)   Josh Trainor [5350]

(g)   Seth Schneider [5350]

(h)   Joseph Kalish [5350]

(i)    Lynn Kalish [5350]

(j)   Katherine Schneider [5350]

(k)   Shahala Arbabi [5350]

(l)   Barbara Pearl [5350]

(m)   Dr. Elahe Mir-Djalali [5350]

(n)   Pierre M. Omidyar [5350]

(o)   Pamela K. Omidyar [5350]

(p)   Michael J. Shelton [5361]

(q)   Marilyn Harwell
  COMPLAINANTS:

Michael J. Shelton [5350]

James E. Merritt [5354]

Jan Schneider and Jan Schneider for Congress, Harold Schneider, treasurer [5361]
  SUBJECT: Excessive contributions; contributions in the name of another; personal use of campaign funds; failure to properly report debts; failure to properly report contributions; disclaimers; exceeding the annual $25,000 contribution limit; failure to amend Statement of Organization timely
  DISPOSITION:

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

  [re: excessive contributions; disclaimers; failure to   amend Statement of Organization timely]

  Sent admonishment letter with regard to Statement of   Organization.

  No reason to believe*

  [re: personal use of campaign funds]

  Took no action*

  [re: failure to properly report contributions]

(b)   No reason to believe*

  [re: violated the FECA or Commission regulations in connection with MUR 5350]

(c-j)   No reason to believe*

  [re: contributions in the name of another]

(g-o)   Took no action*

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

  [re: excessive contribution; exceeding the $25,000 annual contribution limit]

  No reason to believe*

  [re: disclaimers]

(q)   Reason to believe but took no further action*

  [re: excessive contribution]

The complaint in MUR 5350 alleged that the Committee accepted excessive contributions from individuals who made contributions of $2,000 without proper designation; the candidate's father may have reimbursed contributions made by his family member to Schneider's campaign; the Committee purchased a television for Harold Schneider from campaign funds and the Committee failed to properly report nearly $100,000 in debts. The Commission found there was no reason to believe that Harold Schneider violated the Act in connection with the allegations that he reimbursed family members for their contributions or that the Committee violated the Act in connection with the purchase of the television set. To the extent that the Committee had not reported debts accurately, including the one remaining disputed reimbursement claimed by Shelton , the Committee corrected the errors following the interim audit report and the Commission decided to take no action with respect to this allegation. The Commission found reason to believe that the Committee violated the Act because if failed to produce evidence of other checks or written instruments to show how these contributions were designated, redesignated or reattributed but decided to take no further action given the relatively small amount potentially in violation and that the contributions would have been allowable under the post-BCRA redesignation and reattribution regulations.

The complaint in MUR 5354 alleged that the Committee failed to properly report unitemized contrtibutions it had received in both its 2002 12 Day Pre-General and October Quarterly Reports. The Committee corrected the errors of which Mr. Merritt complained and the Commission decided to take no action with respect to these allegations.

The complaint in MUR 5361 alleged that Michael Shelton was responsible for running four political communications that bore false disclaimers stating that Schneider and the Committee had authorized them when in fact they had not.

The Commission found no reason to believe that Mr. Shelton had violated the law with regard to the disclaimers because it appeared that he was an agent of the Committee for the purpose of authorizing the communications and had the candidate's permission to authorize distribution of them without explicit advance approval, and either the Committee or Mr. Shelton apparently paid for the communications in full or in part. The Commission found reason to believe that the committee violated the law because the disclaimers on two of the four political communications were technically defective because they did not state that the Committee paid for the communications. The Commission found reason to believe that Mr. Shelton and Ms. Harwell violated the Act by making excessive contributions in the form of advances and the Committee violated the Act by receiving these excessive contributions and by failing to amend its Statement of Organization in a timely manner. The Commission decided to take no further action against these respondents.
  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 5350/5354 and 5361under case number. They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
2. MUR 5429  
     
  RESPONDENTS:

(a)   Friends of Weiner, Ira Spodek, treasurer

(b)   Abraham Chehebar

(c)   Sari Kassin

(d)   Maya Cohen

(e)   Marty Hollander

(f)   Zachary Kerr

(g)   John Lerner

(h)   Jitendra Mehta

(i)   Lewis Pell

(j)   Leonard Schwartz   
  COMPLAINANT: FEC Initiated (Audit)
  SUBJECT: Excessive contributions; failure to accurately report loans; failure to file 48-hour reports
  DISPOSITION:

(a)   Conciliation Agreement: $ 47,000 civil penalty*

The Commission found the respondents violated the Act   by accepting excessive contributions from 183 individual   contributors for the 2000 primary and general elections   for which they could not produce documentation of written reattributions or redesignations; misreporting a   loan as a loan from the candidate and inaccurately   reporting the loan as a debt owed by Friends of Weiner;   and failing to file 48-hour reports for 29 contributions   (totaling $45,500) prior to the 2000 primary election and 3   contributions (totaling $4,500) prior to the general   election. The respondents will re-issue refunds totaling $5,000 to 4 contributors that were previously issued   refunds checks, but the checks were not cashed.

(b)   Conciliation Agreement: $ 1,000

The Commission found that the respondent contributed an aggregate of $4,000 to Friends of Weiner during the 2000 election cycle.

(c-j) Reason to believe, but took no further action*

  [re: excessive contributions]
  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 5429 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.

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