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FEDERAL ELECTION COMMISSION WAISI~TOFE. DC 3W

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Ph Mark A. 3te.niski 319 Dast Main Street H-il ) 1* Marlboro, Massachusetts 01752 ) C, ) '4 CO~L&IM&UT ) vs. ~\L~ 5~1 La~uahe For President ) aik/a Schiller Institute, Inc. ) alk/a Hamilton System Distrib- ) ators Inc. ) ) DZFUD&MT )

F') F') I am pointing out to the Office of General F~ral Ziection Omission that the above-named I have omitted and may be currently omit violatioms. (UOY3: This ccq2iaint is also Massachusetts Attorney General, since i Schiller Institute is soliciting in violat on of U~ U. charities laws.)

0 SUNIARY The complainant has been asked to give money and volunteer tise for the LaRouche Presidential campaign. After reei4U~ the material, the complainant doesn't know if he is being aeked to aid (a) a Presidential campaign, (b) a for-W@fit book distribution company, or (C) a charitable organization. It appears that all three activities may be intermingled and that commingling of funds and expenses may be occurring.

FACTS

1. In late Nay 1991, Hamilton System DistributorS Z3~C. cold-called the complainant, asking him to subscribe the Laflouche magazine at a subscription price of $396 per year. The sales rep's name was Hal. 2. The complainant sent Hamilton System Distributors $J@ for a sample issue out of curiosity just to see what type of magazine warrants a $396 price tag.

-. - .'~

he was interested in seeing something about that. 4. On ThursdaY, June 13, 1991, the Laloucke material arrived in the ao~1ainants mail. The material ixacluiej~ (a) the Lalouche magazine issue, (b) information on the "Comeittee To Save The Children In Iraq,' and (a) information on organizational meetings for LaRouche's 1992 Presidential Campaign. 5. The LaRouwbe Presidential campaign flying does not have a proper psid for...' disclaimer on it * The oo~3ainant does not know who is actually responsible foe' the flyer's content. Aooording to Rev England Telephone direatery assistance, The Schiller Institute does not have the bmse number listed on the flyer. 6. According to the Massachusetts Secretary of State's corporation records, Usmilton System Distributm ~.g. is a Mm Jersey corporation which has never paid its amal g~ to the Camwealth of Massachusetts. MasSachusetts Secretary t iuq~ 7. Aowc4in~t@ the The Schiller Institute i ut~ )~me. as either a domestic or foreign corpaiet4 in Massachusetts. 8. According to the Massachusetts Secretary of State Public Recoras Office, the Laflouche Presidential cainittees have o never sent that office copies of their FEC reports as they are required to do. Consequently, the complainant was not able to view those records. C)

Respectfully Submitted,

44~LL C'2~~ Date: J~ALC. t~AI7 ( Mark A. Stemniski ~'~j~7~Y A> ~

Ma~~Mb

MThI~t3*3r 55. Date: JUB 19.

Pereasully appeared before - tho above mine, Mark A. Btiniiski, residing at 32* Zast Main Dtreet, 3-11, Marlboro, Mamahusetta and made oath that: He has reason to bellew that campaign finance violations bave been committed; and that the foregoing statement, along vith all the folloving attacbeents, is true to the best of his knovieGge and belief.

~NOTAIYU3LI~jj~/ JUANITA ~4U~2 NT cC.H.W. ~t 17.19~6 .4 pV) My Commission Ixpireeg ______q~r C~E

*,.~ -.~,...-~a~ -~ 01 *~YAaT3 I Paq. 1 A ~ of the LBIOUCb* Presi4entiai Ca~siga meeting flyer. Page 2 A copy of the Schillex Institute's Carnittee To Save Th Children in Iraq promotional matrial. On page 3, it lists the Schiller Institute's Massachusetts address and phone number. Page 3 A copy of the face of the envelope used to send the material to the complainant. i~)2 Campaign ea. 1e~ ,aY eM ~VaIh. federal memI seater Is Sodmaster, ~esota, where he reesatly begs. his third year .1 hearoorailsa as * petisal prisoner of the lush e~aistratlon. be that Mervin., he .15154, In patti 'What do we have today? We have George lush, who repments a Yalebased Vreemeeae.Iu o~~lt, Iroperly known as the Skull and knee chapter of all his lit., like his meats,. Nears' Stlmsea, Averall Harriman, and so forth, who are all from the Skull and louisa chapter types of oliolee, has been seamitted to nee'malthaslealsm, has been emmlttei to an Angle-AmegIoea werhi empire, an Ameuioea-domlnatei New Age. One sees from the ~sUee Dopaitment pre.lemaeleins s.d so forth, the eatiems hi Panama, the aetimas In the Gulf, that ~ semalves of himeti as an Imperial ProsWent. it would not be oeauiiere entirely surd to spread the remer that he's about to semi damn to the Ceugrom a bill establishIng himell as a god, In the tuatiea of Corner A~ knh dues -t the Image of aperedy of Oeaw Augustus. 30 wants a world ~antoi by the AagIeAteeas, chIde is Ameriena brawn and ~iUsh bsm~ ruining a world empire, the Ameriouns will he seatent to be allowed to oupim their brown, end wIll ~mit to Uritish brains... 9iew, we're be a mush more iangereea sltnatlon. I g~'t know exaet1~ how to mm It. there are too any fantero -- were dealing with the human equation I dent know If there's enough loft In the Amarlean Peep~e to resist It, but Its not for me to say there ha It's for me to say, 'Well, I'll do all I earn to facIlitate the resistance,' and I hope we can resist. I hope we still have enough of as, who have the morals and the guts to fight this, from 0 the Inside.' Don't make a virtues of being unInformed. If you begin to think, you wIll be able to move others to do so as well. Plan to attend one of our political 7) briefings, which occw monthly, In the following

Every first Thursday, 7a30 FM: NEWTON, MA; Days ~ In 3MW, W ll~U: 305 Grove Street ExIt 522, Of f Route 123 (.5 nIle south of Mass ?lkeI

Every Third Wednesday, 7:30 PM: NEW 3EDFORD, MA; Days Inn 500 Hathaway Road Exit 5135 Off lnterstats-13S, Take Route 140 to Hathaway Road Exit.

Every Fourth Thursday, 7:30 PM: SALEM, NEW HAMPSHIRE; Econo Lodge One Keawaydla Drive Exit #2, beterstate-S~,

Solellier Jistitute ~ Euse ~lsn. CaSk *iY)SU - -. P.O. Box 66082 Washington, D.C. 20035.6082 202.628-0272

Commltt. to save the ChIldiwi In Iraq Plan of Action

The Committee so Save the (~iIdeen in Iraq has been averaged between 750 and 1000 a day-less than what a fosmadedas a~enIssmcoe~ssofdoai.muale, 5-yearold child needs. ~ leadrn a she rd~m com~y, ham u and ul~.. .4k pdMd~ uhf weekesa, - ~ gem, trade in.io~m, hemees, andd theesuhocherith the saae~ of ~ Nb. We hue mm sos, emcEe - ~- shared concern the, ~m ~dlm uspe mu sal..., a hivideab and o'~i.~ wish the Commims ~. tragedy of apocalyptic pmpoaisns w play 1mM em in have idmnslied the jj~ .gwnpoding so the Iraq, .mihilatin~ - am, populatles. Ispeclaly thms~ three leveb of imnv~en ~ped above. ~4 cued are the children of Iraq, who represent the counsrfs 1) Approzinaasdy 3i ~m urn of staple foods are required over the comes of the e ~r, an order so We are co~d to mobilizing public opinion and dose the pp between 7WWP calories a day, so 2500

responsible government and insernasionmi bodies so -~ on calories a day on average. 1~ ~hasls must be on item 0 three levels so stop genocide in Iraq: 1) ininediaue relief, that do u~ need refuigumlen as~st is o longer possible through shipments of food, medicines and other emergency due to the bombing. Food I- most seeded are rice, em, imnm, particularly required for children; 2) equipment, such coffee, bur, - ~ cined meat (not pork) and ~) as generators and hospital equipment, so stars activity canned vegetables. Appeen~mdy 21,,O0 tons of dried needed to save lives; 3) reconstruction of basic infra- milk powder are required ever the coming ~ ~ Provide structure. for infan~ UU~3tSd Nations, the Physicians for Medicines urgernly req~d include those to regulate Human Rights, the International Red Cross, the Gulf Peace blood pressure and cardios.mies anesthetics (for local am- Team, and scores of others document the devastation aesthesia as well as for surgery), disinfectant. (so purify caused by over 120,000 W-led air strikes against Iraq's water, so wash vegetables, so disinfect wounds, for hospital infrastructure. The precision bombing methods utilized suc- use); insulin for diabetics; ~1mcs of a wide variety; and carded in paralyzing the nervous system of the entire coun- throw-away syringes. ny, destroying communications, transportation, basic utili- 2) jL.m~.J equpuent a required so set up functiomal ties such as electricity and water, as well as homes, schools, operating rooms. Electric gmwors, not leSS than 10 kw, factories, farms, distribution outlets and places of worship. are urgently needed, as wal aemaserial to repair ezamug The 'near-apocalyptic resuka" of which United Nations generators. Generators airs mow besag moved about an cities emissary Marsti Ahtisaari spoke following his March 10- and from village sovillage, because of their scarcity; mamive 18 sour of Iraq, are v~ble an reported omes of cholera, amounts are required, as sdeaaors can run only a few typhus, and other epidemic diseases. Most endangered are hours and freezeus, not stal. Emergency power equapmee, ~ elderly and children. According so a more recent UNI- fuel so run at, and chemiods for mr treatment -g be CEF report S million children in she region as a whole are provided. While the UN as~mes needs at 40 litres per threatened by death due so food and water shortages, and person per day, we believe thst 150 litres per person per disease. As of late February, the calories available so Iraqis day must be broston as eamas possible. Before the wa~, r~w~ w * she pepuletisa wee ping 450 MUss per day a w~ b~ autherMee * 150 bees isinmgiumthsepeslddsmm.eg the mi othet es.peruing g~ by the present sharp increase in diaribeal disemees. Finely, the lush e&mludserados To get so policy of vembm. 150 liters a day in Baghdad, 6.75 thousand tion' and technological apartheid (denying life4a vliig tech. masof fuel will be needad so run wager puriicaoloe foci- U3OlO~W the Third Vodd).u be eeppe~L ties, plus 16 sons of chlorine, a" 54 thousand sans of The woeld-wide mabilhauiein so defeat Lamming and di.. alum. For sewage veamat, 3.3 thousand sonsof diesel fuel .sm.is.gwiam.flra~~notonlyseeve would be neededeoopera.e sewage treatment eqmpment, in shat~bmatprovide theimpeW forteYerslnthe addition so 16 lao'. generators ~ emergeacy use. immoral iMP economic policies di. less 20 years. Vehides of all types are meeded, especially ambulances, - buMoaers~p micks andepare puss like batteries, tires. 3) Basic infrasuructare for ering and seochimig food The Co niesee so save the ChMdmn In Iraq ha. been muss be provided, in order that the wheat aup swn lam brought moo being by the Eobw~ individuals: (sLiMed.. LaM be harvested. Seed sends. mist be repleished by Ocus" for ideinimtiom her 1,91, thaten~mhuiwamdvegmMesmaybeplanud. 1ff. Jam. 3ew~ To rebuild freq's inframuam, a majordors inwolv. His Demimade PatriarchRashadIUldswldPattiardmof mug governmm mm mobim cidim meer~ coups the (~aldeaa (~urek, so build bridges worn the Tip. a"hpheinm and meet Amelia Inyasm lobinma U.S. dvii righ. leader, mupors capubilkisa. A Gd Paane Team worn (April 0% 17) eamphaslm the impoemin. ef a~mesulng the Iraqi - c~a"e, s~as, fusmims, Paris dimciudon 6pm., in ompemies wish the Iraqi govern- jam. Dinhermas, Club of Li,, Gummy an U to - that d rdddeete reach in peeph Dr. A. 1~m~ooe, M.D., Mean, Germany in need. Imgmcy ~.beuhmuipuwide l-~. ~ds, Gummy ~ a least 23 perm of the pnwdvihn fodm.~eion. 11"b~~~ Dayend the amep.cy - of rem.~n of haic ~ bin ~ infrinuesure, avampr.~serfor~uinum.d.dopmm Rinb S~ Sth~er ~s, Rome is the entire Gulf a.d Mideast upon, through cooperative Dr. late SabrITabriui, ldnbmgh, Scotland governmental efforts, is required. IN Snedmark, A~.Dwg CodMan, Stodihoim H~ - Schaer ~dinW 0 WO!I*hSU suftb the C.: ~ Ufting Vie Sencuosm kagard Ehesaberger, M~d& Eaat Action Network, Vigone The Eret step toward implemmuing this emergency program haL Dr. mast be so mobilize Hans Koechler, International Progress the political will to make available the Organization, Vienna ~ necessary resources. The precondition for averunggenocide in iraq as the lifting of she 11W embargo apiam she comry, ~ soallowitsoselisaoilandthereforebeablesopurchase The Committee so Save the amildren in Iraq collaborates necessary goode for she population. A country which was with relief orpaizauom and private groups dedicated to dependent on inuports for 70% of its food before the war collecting needed goode, and organizations and groups which trampors cannot survive the embargo. Indeed, more deaths are ~- and deliver th~ The Committee serves pected through Lamine and epidemics an the wake of the as a coordinating link between the two. While open so war than during hostilities themselves. As the cited Gulf collaboration with all such oriented orpnizauom~ the Nace Team report moos, 'One is led so conclude that the Committee currently works through the following: ~uation of the macmm serves more insidious put. Letter of James-Food for Peace, Sweden, which collects poses such asdeivingshekaqipeoplesodespairand, ulti. foot clothing and medicine. mainly, rebelion Among others demanding the lifting International Progress Orpnizauon, Vienna, which of the embargo were the representatives of the airistian ormanizes transportation of food and medicines so churches in Iraq, in their msatmg with Fope John Paul U in children in Iraq, via Amman. she Vatican May S. His Mob.. indicated he would act Midie East Action Network, Vienna, which organism through international chinmb to remove the embargo, ac- eransportamon of food and awdicin. so lraa, via Amman. is us currently rebuilding and reeqqipiug cording so pram reports. a hospital in Kerbala. Secondy, pvin be forced so mobilize a Patriarchase of Daghdad, which coordinates distribution large-scale rdel and remmmuaion effort, an cooperation of food and medical supplies. 6am~ ~smIA, 1~sa w~h N. 3~.. Uo@ar, Tob~ Jahe Ctalapr, Loads. K~A Sovey, ~, ~ Scod&.d Dr. Ahmrd Hakiam, ArabAmerican Phyuiciam Mq~ a.bm Calhlim, Sii~, ici.. 15 Caboic RakE Mw~m DavM Dr. Jass Camera., hamily Cdl ft.. Tern, Aynbir, Hs~ Mm~ , ~M Lowy, Nee~a~ Dob~ &~Ud Mm ci~s, Scbodwacber, Qeegow, S.damd huiuvoruimm&~ak N. Mdr.w Dobsam, Keel. Jmjygggjgy, Leesurer in M~m Jdm M Dh~a Masager, Uobm~ Scodead N.y Ca~ A.C. iobb~ Cadmolic wriser, Deeds., Scodmi Doumasily R~ Cambok Dmbms of haL Hum k&uidw haL N~ Dummemi, New Coup, Oxford Nascy Spasm., Clob of LIES, WA N. Jam.. Elgoam, The FI~q Pbyeldau., WA Jove T~mgr, Saveeb. ChM~U, Hisd*ha kim Ispoels., Deugha.n of Charity of St. Vamam Herr Vsumsbg. Ceased Sesmaty, WI ~ di Pad~ Nodes. - Chb.~ .~

0 PLEASE FAX. 201'6410453 S'CHI LLER: INSTIr. 86 NANCQCK SrR. BRA IN TREE MA

0 Please sead die following to: V Muriel Mfrak-Weiubgcb * Coma~we o Save the Childrea a Iraq C) do Sdiiiler-Inseizuz * Veremnagung fir Staaukmt eV. * Netfada 121330 * W-3014 Lasmas 2 Germany 01 sm~o't the Cam~ssee to Save the (~idra urn Iraq. 0 Please inform ma of how I m h4 comreiely.

NAME

zw coos, aTY ~OW4TRY MY OIGA?~A11ON

CAN DO 1)f FOLLOWJG: SE UWE 5EV

''lit--I IIIjI'~I .II'l~I * S~'5

a. FEDERALELECTION COMMISSION SHUNCTON. OC 2*3 June 27, 1991

Karl A. Stomnisli 319 East Main Street. H-il Nariboro. NasiaChUSOttS 01752

RE: Nfl 3347

Dear Kr. Stemnisli: This letter ackihOWlOdgOs receipt on June as. 19,1. of y@er possible violations of the fts~1 3l@ti@S complaint alleging for campaign Act of 1971. as amended (the Act). bp S.~8eeche President a/I/a Schiller Institute. Inc. a/k/a lamilton system Distributors Inc. The respondents viii be notified of thiS complaint vithin fiVe days. You viii ~e notified as soon as the Federal Election Commission takeS final action on your complaint. aoald you receive any additional information in this matter, please forvard it to the Office of the General Counsel. Such be sworn to in the same manner as the original information must refer complaint. We have numbered this matter NUB 3347. Please to this number in all future correspondence. For your infOrmatiOn. we have attached a brief description of the CommissiOn5 procedures for handling complaints. If you have any questions, please contact letha Dixon, Docket Chief, at (202) 376-3110. Sincerely. Lawrence K. Noble General Counsel ;t,~ /~ DY: Lois G. Lerner Associate General Cbumsel Enclosure Procedures K

FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3

June 27, 1991

Schiller Institute. Inc. p.o. *ox 66062 Washington. D.C. 20035-6062 RE: NUI 3347

Dear Ladles and Gentlemen: tv, received a complaist which The Federal Election ComSiss ion the Institute. Inc. may have vioLated alleges that the Schillet' as amejel (the At). Election Campaign Act of 1971. Federal is encloSed. We have muwee tais A COPY Of the complaint number an eIZ future NUB 3347. please refer to this correspondence.matter to demonstrate in the Act. you have the opportunity Under be taken against the Schiller writing that no action should Please submit any factual or InstitUte. Inc. ifl this matter.believe are relevant to the legal materials which you appropriate. analysis of thiS matter. Where Commissions under oath. Tour response. which statements should be submitted must be to the General Counsels Office, should be addressed letter. If no within 15 days of receipt of this submitted 15 days. the Commission may take response is received within information. further action based on the available in accordance with This matter will remain confidential I 437g(a)C12)(A) unless you notify 2 U.S.C. I 437g(a)(4)(D) and made that you wish the matter to be the Commission in writing counsel in this you intend to ~e represented by public. If by completing the enclosed please advise the Commission such matter address and telephone number of form stating the name, receive any and authorizing such counsel to counsel, from the Commission. notifications and other communications If you have any questions please contact lOliega James. the staff member assigned to this Batter, at (~O2) 37*'4300. For your information. vs have attaChOd a brief description of the Commissions procedures for handling complaints. Sincerely. Lavremc@ K. Ebb General Counsel

DY: Lois 6. Lamer Associate General di~ei maclosures 1. Complatat Z * Proceures 3. Designation of Counsel statement C'4

pv, FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3 p Jurke 27, 1991

Committee to Save the Children ira Iraq 0/0 Schiller Institute, Inc. P.O. lox 66062 Washington. D.C. 20035-6082 RE: HUE 3347

Deal' Ladies and Gentlemen: The Federal Election Commission received a coepl*ist which alleges that the Committee tO Save the Children is iraq may haVe violated the Federal Election Campaign Act 01 1971. u (the Act). A copy of the complaint is enclosed. 1W haw numbered this matter MEl 3347. Please refer tO this sber in all future correspondence. Under the Act, you have the opportunity to demonstrate in writing that no action should be talen against the Cinitt* to Save the Children in Iraq in this matter. Please su~it amy factual or legal materials which you believe are relevant tO the Commissions analysis of this matter. Where appropriate. statements should be submitted under oath. Tour resposse vhich should be addressed to the General Counsel's Office, must be submitted within 15 days of receipt of this letter. If me response is received within 15 days. the Commission may taKe further action based on the available information. This matter will remain confidential in accordance with 2 U.S.C. S 437g(a)(4)(8) and S 437g(a)(12)(A) unless you notify the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. If you have any questions. please Contact lOilliega James. the stats member assigned to this matter, at (203) 376~S2@@. For your information. ye have attached a brief dee@hlptl@. of the CommIssions procedures for handling complalnta. Sincerely. Lavrence N. Noble General Counsel

DY: Lois AssOciate6. Lerner Genera Cemmini 3aclosuz'es 1. ComplaInt 2. Procedures 3. DesIgnation of Counsel Statement

0 1'

FEDERAL ELECTION COMMISSION WASHENCTO% 0 C 20*3

June 27, 1991 Harlan hack 86 Hancock Street Dreintree, NA 02184

RE: NUB 3347

Dear Hr. hack:

The Federal Ilection Commission received a c~leimt vaich alleges that you may have violated the Federal hleosus Campaign Act of 1971. as amended (the Act). A 0097 Of the SSpi8i3t 15 enclosed. We have numbered this matter HUB 3347, fles refer to this number in all future correspomoence. iq. Iliader the Act, you have the opportunity to ~trete 13 vriting that no action should be taken against you Ia tais matter. Please submit any factual or legal materials which you believe are relevant to the Commissions analysis Of t&is matter. Where appropriate, statements should be submitted under oath. Your response. vhich should be addressed to the Gemeral Counsel's Office. must be submitted vithin 15 days of receipt of this letter. If no response is received vithin 15 4875. the Commission may take further action based on the avaiLable information.

This matter vill remain confidential in accordance vith 2 U.S.C. I 437g(a)(4)cBj and S 437g(a)(12)(A) unless you notify the Commission in vriting that you vish the matter to be made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. If you have any questions, please contact loriega Ja5. the staff member assigned to this matter, at (202) 376.6200. For your information. vs have attached a brief desciiptios of the Commissions procedures for handling complaints. Sincerely. Lavrence K. Noble General Counsel

3?: Lois 6. Leaner '4 Associate Gencia lCoqme.,l Enclosures I. Complaint Z. Procedures 3. Designation of Counsel Statemeet rK ~i~' . K ~

FEDERAL ELECTION COMMISSION WASHINCTON. DC. 20*3

June 27 1991

Charles 3. lughes. President Hamilton System Distributors Inc. 469 Lincoln Street Palisades Park. 33 07650 RE: HUE 3347

Dear Mr. Hughes: 4q~ The Federal Election Commission received a o~ia1nt which alleges that lanilton System Distributors Zuac. mey have violated the Federal Election Campaign Act of 1971. as anemsj ~*the Act). A copy of the complaint is enclosed. We move aeshered this matter HUE 3347. Please refer to this number in all future correspofldeflCe. Under the Act, you have the opportunity to demonstrate in 0 writing that no action should be taken against Hamilton System Distributors Inc. in this matter. Please submit any factual or legal materials vhich you believe are relevant to the 7) Commissions analysis of this matter. Where appropriate. statements should be submitted under oath. Your response which should be addressed to the General CounselAs Office, must be submitted within 15 days of receipt of this letter. If no response is received within 15 days. the Commission may take further action baled on the available information. This matter vill remain confidential in accordance with 2 U.S.C. I 437gCa)(4)CD) and I 437g(a)(l2)(A) unless you notify the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. If you have any questionS, please contact lorlega janes. the staff member assigned to this matter, at (aoa~ 376-62@@. For your information, vs have attached a brief description of the Commissions procedures for handling complaints. Sincerely. Lavrsmcs N. Noble General Counsel ~Z4 ~ BY: Lois 6. Lerner Associate Geu1eralceug55~ '0 Inclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement r'~

FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3 June 27, 1991

Kathy A. Nagrav. Treasurer Democrats for Economic ReCOVeiy-LaSOUChe in 92 P.O. loX 690 DovutOwn Station Leeburg, VA 22075 33: NIlE 3347

- Dear MS. Nagraw: vhiOh The Federal Election COmmisSiOfl tCCeiVSG a o~&a£mt for Economic iecoveryL.R.m~I i~ n alleges that Democrats may have vtolj1 t~e ("Committee) and you. as treasurer. ~ Federal Election Campaign Act of 1971. as aaem et~ is enclosed. We have rnmb'~ tale A copy of the complaint in all future matter NUB 3347. Please refer to this number correspondence. have the opportunity to demonstrate in o Under the Act, you the committee and writing that no action should be taken against in this matter. Please submit any factual or you as treasurer to the legal materials vhich you believe are relevant analysis of this matter. Where appropriate1 CommisSiOI'l5 Your response uhich statements should be submitted under oath. W) the General Counsel's Office, must be should be addressed to no vithin 15 days of receipt of this letter. If submitted Commission may tate response is received within 15 days. the further action based on the available information. confidential in accordance vith This matter will remain unless you ~ot1fy a U.S.C. I &37g(a)(4)(D) and I 437g(a)(12)(A) in writing that you wish the matter to ~e made the Commission counsel in thiS public. If you intend to be represented by advise the Commission by completing the enclosed matter. please number of such form stating the name. address and telephone authorizing such counsel to receive any counsel, and the commissiOn. notifications and other communications from r A

If you have any questions, please contact loriega Jases. the staff member assigned to this matter, at (202) 376'sZ@@. For your inforflation. ye have attached a brief description of the Commissions procedures for handling complaints. Sincerely. Lavrence N. Noble General Counsel

~ DY: Lois 0. Lerner Associate General ~emmsa Enclosures I. Complaint 2. Procedures 3. Designation of Counsel Statement

cc: Lyndon H. LaRouche, Jr. Wt w Schiller Jiistitite, Inc.

Federal Election Comission Office of General Counsel Ma. Lois Lerner 5 Mr. Noreiga James 999 3 Street, LW. Washington, D.C. 20463 July 30, 1991

Re: MUR 3347 - N Dear Ms. Lerner I Mr. James: As an officer of the United States branch of the Ichiller ~'I Institute I make the following response on behalf of the Institute which you have included as respondent to a Complaint by Mr. Mark Stemniski. 4: to In the Matter of m 1247: I, Marianna Marts, being duly sworn do depose and says C~4 1. I am the 'ice-president of the Schiller Institute.

2. The Schiller Institute has not contributed and Goes not contribute to electoral campaigns.

3. The first attachment to Mr. Stemniaki's complaint was not produced or paid for by the Schiller Institute.

4. The Schiller Institute has numerous informal collaborators and supporters across the United States. Many of these individuals take various types of initiatives, including holding meetings at their own expense, to promote the goals and policy perspectives of the Institute. The first attachment to the Stemniski complaint which I will call a 'flyer,' appears to be an example of such individual initiative.

P.O. lox 66082, Wasbinpon, D.C. 200356082 (202) PH2~~ W 5. the flyer reports en an linterview giyg~ by Kr. Lyadee Lalouche in which he identifie, the Geager possi by President Bush's adherence to a "neo-malthusianism" polity. The Schiller Institute has spent many years exposing how th@ fleO'malthusian world view promotes the Anglo-American alliance at th. expense of the strategic and national seCurity interest, of the United States throughout the world.

6. So while the Schiller Institute did Sot produce this flyer1 even so, on its face it does not take an position vis-a-vis the candidacy of Mr. [email protected] merely reports on a quote from an interview of him, this is in keeping with the Schiller Institute's charter ani policy of not supporting or contributing to electoral campaigns,

7. Vurthermore. there is nothing in this flyer whL says that the meetings announced on it are "Organisg~j~1 meetings for Lalouche's 3992 Presidential campaign" as Kr. Stamiski q~. states in paragraph 4 of his complaint. (ND 6. The second attac~nt to the Stemniski complaint, o entitled Coittee to Save the children of Iraq Plan of Action," was produced and paid for by the Sohiller Institute. The Institute is a member of this newly formed international coalition to Save the Children of Iraq, and as a coalition partner has participated in sponsoring some Of the coalitions activities in the United States.

9. This second attachment discusses the dire plight of the children and citizens of Iraq in the aftermath of President Bush's deadly Gulf war. The leaflet not only does not advocate for or against Mr. LaRouche's 1992 president±ai candidacy, it nowhere even mentions him.

-2- 10. Cosaleziag all of the facts detaile above, it is clear that the Sahiller Institute has not violateS the tedtal Election Campaign Act of 1971, as amended. I. therefore. hereby request that you close this matter against the Schiller Institute and take no further action.

COISUDUWEALTE or VIRGINIA couu~r or LOUDOUN us:

NANIANNA WElTS Signed and sworn to before - this day of July. 1991.

Notary Pubtic

~ comaission Expires:

-3- I A ~ ~ csWmiu io w~ ~w auw~m w MAO MaIUwbbb. ~mm 9tiLt2 U~9~'~ ~hIu~gton, D.C. 2003540U

Federal Election Cosusission of General Office Counsel ~ -4 Ms. Lois Lerner, Assoc. General Counsel ~ 999 3 Street. N.M. Washington, D.C. 20463

July ~* 1,91

-~ i~ Reply to UWI 3347 Dear Ms. Lerner: I have volunteered to be the United States ooogdat.r for the Comittee to Save the Children of Iraq, an iat*wgmstloeel coalition of persons and organizations coinitted to s~sgw1ag II the holocaust President Georgeof Bush'sinnocent genocidal Iraqi citizens in the afeewms~h of coordinator. I am responding to yourGulf letter war. As the U.S. concerning a complaint by Kr. Mark Stemniski.dated Juse 27. 1991 a 'p AFFIDAVIT A

7~) I, Nancy Spannaus, being duly sworn do depose and w) say: 1. I am currently the U.S. coordinator for the newly formed international coalition, The Co~ittee to Save the Children of Iraq. 2. As stated in our Plan of Action which is attached to Mr. Stesuniski's complaint, we are a group of citizens from around the world and all walks of life, cowuitted to stopping the annihilation of the entire population of Iraq as a result of President George Bush's disasterous Gulf 3. Our Plan of Action is a fact sheetwar. intended to inform the U.S. population I of the magnitude of devastation which has resulted inside Iraq as a result of the Gulf vat as well as what measures must be taken to reverse this situation. Ia*~&. ~ -~

ii ~ 4. me fact sheet Goes mt canGidate. eisau.. presiemtlal at all. As a oi~oe mz, I petsoeally wish that all caudiGates for the 1H2 ptesidential elections speak out on this disaster and put would coalitions their support behind the initiatives. The coalition has no political platform. 5. One of our coalition participants, Institute, was the Schiller kind enough to pay for the printing of our Plan of Action fact sheet. 6. Our Plan of Action is distributed by volunteers people of good will who wish to and unfolding see an end to the holocaust now in the wake of George Dushs dirty little war. 7. As there is nothing in our Plan of anything to Action which has do with presidential candidates or calls for the support or defeat of any federal candidate, your agency I see no r~oa for to pursue this matter any further against the coalition. I therefore request that this co~laint you imdiat.ly dismiss against the ~oinittee to Save the ~hil4rem of Iraq.

11) COSUDUIIEALTN 0? VIRGINIA COUNT! or LOUDOU as:

NANCY SP~3AW9~~

signed and sworn to before me this day of July, 1991. 7) Not NY Cotuuission Expires:

-2- L p.o. 8ox690 ±~A~O~ I July Lawrence K. Noble General Counsel Federal Ziection Comission 9~ 3 Street. U Washington, DC 20463 -- I, -- 1~~ 33: DWU 3347 '~ Dear Kr. Noble: Zaclosed pleas. flad an aft idavit esacuted ~ Eat~ A. 3 Nagraw, Treasurer of Dinocrats for Uconomic 3eoe~g~ ~a3eecbe V in ,2 (L92), in response to the above captioe ~~I£at ~r) from Mark A. Stemaiski. Smed on the facts further stated therein, L92 repsin~ Umt action be taken on this matter and that the t*~ closed forthwith. he

*Y1

Affidavit enclosed

- w '~sgs -

COWUWEALTH 01' VThOX3IA couuTr or WUDOUN si: &UZDLYU

1. I, Kathy A. ulagraw, being duly sworn, do depose and say: 2. I am the treasurer of Democrats for Uconomic Zecovety coemittee for - LaRouche in 92 (L9V), the principal campaign Lyndon II.Lalouches campaign for the Democratic Party nomination for President of the United States. and have been since the Coemittees inception. In 3. As treasurer, I am familiar with the diabeminU 3 incurred costs of L92. I baae the following statemmibte tent on both my general familiarity with the campaigns fiina@S, C~4 and a review of its financial records. 4. L92 did not authorize, pay for, or in any other way 0 produce or circulate the flyer attached at page 1 of the attachments to Kr. Stemniski's complaint. Nor does the flyer on its face purport to be issued by L92. Similarly, L92 neither organized nor paid for the meetings announced in the flyer. 5. The first time this flyer came to the coimmittees attention was upon receipt of your June 27, 1991 reason to believe letter. For these reasons, no L92 disclaimer was required. Thus, Kr. Stemniski mischaracterises his complaint exhibit as a LaRouche Presidential campaign meeting flyer. .>~ ~J Vt

6. ~reov.r* the compiajat, whfle sworn to, eStee facts which define a violation of the Federal Ilection Campaign Act. Neither the facts as stated nor the attached zhibits support th. allegations put forward in the complainant's 'Summary" section. 7. Based upon my review of L92 records the complainant ii not Contributor a to L92. If, as he states in his Suinary* but fails to document as 'Fact.' some supporter of Kr. Laftouche's campaign asked him to volunteer time for 'the LaRouche Presidential campaign,' that is neither here nor there as concerns any possible violation of the INCA. S. Whoever produced the flyer, it is not a o~aiga document by any stretch of the imagination, insofet . it does not advocate the election or defeat of any candidat, for federal office. This applies both to declared candidate., such as Lyndon Lalouche, and potential if as yet undeclared candidates such as George Bush. The only citation of Kr. 1~ LaRouche's candidacy is an identification of the fact that he is a candidate. Rather than electoral advocacy, this flyer is clearly concerned with more general policy issues, including intg.~ ulia. a purported quotation of Mr. Lalouche, which quotation itself makes no reference to Mr. LaRouche's presidential campaign. The concluding statement of the flyer is solely that those reading it should inform themselves concerning those policy issues. There is no appeal for campaign contributions, volunteer work, or any other kind of electoral support. There '-it)

is no indication that the cited inathly meetlugs ate oapSi~ meetings, or anything other than meetings oriented to issues of general public Concern. Production or distribution of the flyer therefote cannot be construed as an in-kind contribution to the campeig~, This is not the first time that the INCa Office of General Counsel has attempted to confuse general advocacy forms of free political speech with electoral activity, imposing the Comissions enforcement authority on domains from which it is Constitutionally and statutorily excluded. g. Funds of L92 are not coingled with th.se of amy other organization. Although the complainant sugp~~ this may m be occurring in his '8uary it is again the ease that none of the subsequently alleged fscts back up that false allegation. C V COOiI~iALTh OF VIRGINIA Pt) COUNTY OF LOUDOUN

Signed and sworn to before me this Jfl 4 day of July. 1991.

& Ca ~1v~ep~ IotrY Public

My Cowuuission Expires: ~ti~ j 4

I f*:~: L;.

~tw "'9 Lmbe~be s that be a 4 ,bs~ ~t&1~ to *ey. tow tv's'

A 4 * to ~ meti~gs amsos~ai waag on the fiw~t i > ~'P S~ of po1i~oii ~l~uu.1.laiat ewe metiags uhich b~>~.ew in existme annowiced his bid fox~ the 1~2 ph1loe~b1callong bet o presidential e1.Ct*SSa ~ 4 meetings are not, as Hr. Stmisk± claims in his I orgapiaatiooal meetings f~ Loflcacko's 1992 midpresS campaign. - The leaflet I seat Hr. Stmiiskl. is not and UM to be a promotional for Hr. Lalcuobe's Campaign. I~ intended to report cm whet eorge Dash's sotiow, in ?ena mid the ocaduot of Res St 7~ w~we t~at~~ the 1~at1et Z s~t ~ somehow to faU~ within t)ie purilew of el~qUow Sato totil t of deflara Smvol~ 4.a the omitta photoco~Sng mmd iliug might aid up to 930.

4''4 - e

tapS. er* W~O 4 t ~ &L 4Si-, ~d~1 Y1LIA4~Kmviaa Slack

couut, of ______Before - ~o Esrias Slack, who so id.ut~i*bS~~A~ this ~ 5617. did swear *0 the above statmt oc 1991.sad Y

197 O~ieaiO~ r PAS.SI NsS gi*.29 j~i.U

July 24, 1991.

~Y1 Office of General Q~unsel Attn: Noriep J ~.0 -~ ~wal Election ~tssion m z Street, NV b~zingtcm, DC 20463 ~r Mr. Jms: This in reply to MM 3347, letter ckted June 27, 1991., ~kt w reoeiwd on July 13, 1991, arising iron a cwplaint iron ~rk A. Stiniksi. lbs tw affihvits inloeed with this letter stat. the -I relsyant facts as they are ~ to I~.lton Syaten DistrUmztu's, I~* hued on the facts aM circwstam~es described therein, WI - no c~ for further action, and re~usts tkint this 1zu~1.ti~ be cloned.

Sincerely ~gg

0 Qiarles I. ~es, President ~W W mmm~~~iwm

AFflD&~1T

1. I, Caries E. aaghes, being chily ~irn do depose and mY: 2. I se the president of Ihmiltcn System Distribators, Inc.

3. ~I is a New Jersey oor~raticn, formud for tim jmrpose of selling and distributing literature, *ich activity iselucim pr~ting and ja*~1icizing the ideas contained therein. 4. ~I m4zitains a branch off ice and has ~lc~ess at 88 IbDoock Street, &aintree, ~finadam.tts 02184. ~~1oye at this office perform fiametions in the I~ If) Ragland area in t~'~a. of tim ~npuss of the corporation idmatificd in parap'qh 3~ 5. ~I at its corporate bsschzarters, and ha t~ ~ at all of its officers, us neither ConmaltAd abcxzt nor flyer ia~m4 at ~ acooqanying ~'. 8tini~i's c~Iaiat prior toga' after Its o~haction and distriixaticn. I beam re of its mmlatme receipt detezuined(see of that INC'sit "E 3347' notification. I have affidevit of Ridiardus Black). *~aubuisirIi.~ ~mj~4~ ~ff~ o 6. ~I contributes neither funde nor paid ~la~ee tim to the furthering of any person's electoral cua~aipa faa, ividual ~ loyses of l~)[ ~.y ~nteer their 'mpaidfedusl tim tooffice. -~ political c~aigns of Lyndon Ia&luclae or any other neither candi~kte. ~I hin~rs nor requires such volunteer activity on the pert of its erployses. 7. ~I asserts that neither the flyer nor the amti~ referenced therein constitute contributions to the of Lyndon presidential c~4an LaHonche. ~x~ald the P~deral Election (~uiiinion deem otherwise, then IWI will seck ccz~saticn f run the presi~itial ~mt sufficient c~aipa In an to cover the costs of production and distribution of the flyer plus a reasonable markup. A figure of (see affic~vit of Richard Black).

)tL 29~4~r

~ ~(A4 i~i

-4 - ~ - .. *h ~SW~SS5 0* ~waiatw office q~tw1buat~ n.ithst tuud i.W5OP' .1.ot&1 c~tEi tot may vo&~tmar tMlw ~W: m4 ow ~7 @idii~tO ~, ~&

Richard A. Slack

C~,uW.S1th of MassachusettS '4 bUatV of

this 3ISid mad subotibed to, bet ore ma.

L FY..C. AT

U - FEDERAL ~~yJ ELECTION COMMISSION -. .,. 999 3 Street, W.V. Washington, D.C. 20463 FIRST GERERAL COWISEL' S REPOT ~ MUR 93347 AVE DATE COMPLAINT RICEIVID 5? OGC: June 27, 1991 DATE OF NOTIFICATION TO RESPONDENT: June 27. 1991 STAFF WINIER: Veronica Gillespie

COMPLAINAJI?: Mark A. Stemniski

RESPOSSDEWTS: Democrats for Economic Recovery-Laaouche in '92 and Kathy A. Magraw. as treasurer Schiller Institute, Inc. Hamilton System Distributors, Inc. and Charles 3. Hughes as president Crnittes to Save the Children in Iraq Richard A. Slack Marian Slack RELEVANT STATUTES: 2 g.s.c. S 441d(a)

11 C.F.R. S 110.11 INTERNAL REPORTS CHECKED: None FEDERAL AGENCIES CHECKED: None

I. GER&TIOU OF MATTER Mark A. Stemniski filed a complaint alleging possible violations of the Federal Election Campaign Act of 1971, as amended (the "Act"), by LaRouche For President a/k/a Schiller Institute, Inc. a/k/a Hamilton System Distributors, Inc. See Attachment 1. Responses have been received from Democrats for Economic Recovery-LaRouche in '92; Schiller Institute, Inc.; Hamilton System Distributors. Inc.; Committee to Save the Children in Iraq; Richard A. Black; and Marian Slack. See Attachments 2-7. II* VAC~~ au KUSM. A~I.TSIS A. According to Stemniski's complaint, in late Nay of 1991, he received a telephone inquiry from Hal, a sales representative from Hamilton System Distributors, Inc. ("USD1"), asking Steaniski to buy an annual Laflouche magasine subscription for $396.00. As a result, Stemniski sent $10 to 1801 for a sample issue. Stemniski contends that on June 10, 1991, he received a second unsolicited telephone call from Harlan Slack vith regard 0 to the SubScription and she also 'mentioned a campaign to save the children in Iraq,' Subsequently, oii June 13, lfl, he received in the mail one issue of the Lalouche magaeSae; information on the Com~ittee to Save the Children in Iraq'u1 and a flyer vith the caption title 'LaRouche's 1992 Campaign.' 0 The gravamen of Steaniski's allegation is that the 'Lalouche's 1992 Campaign' flyer expressly promotes Hr. LaRouche's 1992 candidacy 7) and therefore violates 2 u.s.c. s 441d(a) because it lacks the required disclaimer. 5. LAW The Act requires that vhenever any person makes an expenditure for the purpose of financing a communication which

1. Although Stemniski's complaint includes a copy of the document, 'Committee to Save the Children Action,' this Office in Iraq--Plan of concludes that the document does not require a Section 441d(a) disclaimer because advocate it does not expressly the election or defeat of a clearly identified nor does it solicit any candidate contribution through direct mailing or any other type of general public political advertising. m5mum

expressly advocates the election or defeat of a clearly identified candidate or solicits any contribution through any direct mailing or any other type of general public political advertising, the communication must carry certain disclaimers. 2 u.s.c. S 44ld(a). lerson includes political committees. 2 u.s.c. 3 431(11). If the communication is paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, it shall clearly state that the communication has been paid for by such authorized political

04 committee. 2 u.s.c. S 441d(a)(1) and 11 C.i.a. 'a S [email protected](a)(l)(i). If the comnication is paid for by other persons but authorised by a candidate, an authorized pZitical committee of a candidate, or its agents, it shall clearly state that the communication is paid for by such other persons and authorized by such candidate, political committee, or agent. 0 2 U.s.c. S 441d(a)(2) and 11 C.F.R. S llO.ll(a)(l)(ii). Finally, if the communication is not authorized by a candidate, an authorized political committee of a candidate, or its agents, but paid for by others, it shall clearly state the name of the person vho paid for the communication and state that the communication is not authorized by any candidate or candidate's committee. 2 u.s.c. S 441d(a)(3) and 11 C.F.R. S llO.ll(a)(l)(iii). C. £~LT5IS Stemniskis complaint names three respondents: Lalouche For President, a/k/a Schiller Institute, Inc., a/k/a Hamilton Systems Distributors, Inc. Stemniski contends that he is not a ~.. EEb44IE~

sure which of the three is responsible for the production and distribution of the 'LaRouche's 1992 Campaign flyer. Responses to the complaint have been received from all named respondents. From these responses, it appears that the flyer was produced and distributed by an employee of USD1. The Corporate respondents and the Laaouche's campaign comittee deny any involvement with the preparation and dissemination of the flyer at issue. Rathy A. Ragraw, treasurer of the Democrats for Iconomic aecovery-Lalouche in '92 ('L92'1, for example, asserts in an affidavit that 'L92 did not authorise, pay for, or in any way produce or circulate the flyer.... L92 neither organised nor paid for the meetings announced in the flyer.' See Attachment 2 at p. 2. similarly, Narianna Verts, Vice-President of Schiller Institute, avers that '(tihe Schiller Institute has not contributed and does not contribute to electoral campaigns.' She further notes that '(tihe first attachment to Mr. Stemniski's complaint was not produced or paid for by the Schiller Institute.' See Attachment 3 at p. 1. Additionally, Charles 3. Hughes, President of USD1, contends that nobody at the corporate headquarters or elsewhere was 'consulted about nor informed of the flyer accompanying Mr. Stemniski's complaint prior to or after its production and distribution.' Hughes also contends that USD1 'contributes neither funds nor paid employee time to the furthering of any person's electoral campaign for federal office.' Hughes further 'asserts that neither the flyer nor the meetings referenced therein constitute [HSDIi contributions to the presidential campaign of Lyndon Lalouche.' - ~ ~

See Attachment 4 at p. 2.

Richard A. Black an employee of NIDI's branch office in Braintree, Massachusetts, acknoviedges involvement in producing this flyer. He submitted an affidavit stating that RIDE's Rev Ingland Branch office has arranged public meetings continuously since 1987, but contrary to the allegations in the complaint, such meetings 'were never created or constituted as 'organisatiog~l meetings for Laaouche's 1992 Presidential campaign'.' Re further avers that the flyer 'vas written, typed, and reproduced by the Braintree office of RID?, as part of the process of conducting the meetings....' HOwever, he notes that employees did not consult vith RIDE's corporate headquarters concerning the flyer nor did HIDE contribute funds or pay employees time to work on the political campaign of Lyndon Lalouche. Richard A. Black also notes that approximately o 500 flyers vere produced at a cost of $.03 (3 cents) per copy. Bee Attachment 6 at p. 1. With regard to the unsolicited call concerning the annual subscription to the Laaouche magazine and other materials, Harian Black avers that '[tihe leaflet (i.e., 'LaRouche's 1992 Campaign' flyer) I sent Hr. Stemniski is not and was not

intended to be a promotional for Hr. LaRouche's campaign'.2 She further contends that 'the total amount of dollars involved in

2. Although Marian Black describes herself as a 'political activist,' she fails to identify her organizational affiliation, if any, with the LaRouche For '92 campaign or The Schiller Institute. However, Ms. Black's affidavit contains the same post-office address as that used by The Schiller would suggest an affiliation of some type. Institute, which I .i~.-:. A .4 t

the cutting and pasting, photocopying and mailing might add up to $20.' See Attachment 7 at p. 1. Moreover, she states that she viii be glad to take whatever steps are necessary to bring her actions within Compliance of the Act. See Attachment 7 at p. 2. It is evident that the 'Lalouche's 1992 Campaign' flyer expressly advocates the election of Lyndon Lalouche for ?resident, a clearly identified federal candidate. The flyer contains a quote by Mr. Lalouche and provides information en when and where 'political briefings' will be conducted. Nb. flyer invites the reader 'to attend one of our politk.al briefings, which occur monthly,' at specified me.tia ~acee. The flyer also contains the name of 'The Schiller Institvt.* accompanied by a telephone number in italicized print, stating A 'For More Information, Call: (617) 360-4000'. See Attachment 1 0 at p. 5. Yet the flyer in question does not indicate who paid for it, or whether it was authorized by any candidate or committee, as required by Section 441d(a). Therefore, it is clear that the 'LaRouche's 1992 Campaign' flyer lacks the appropriate disclaimer required under the Act and the Commission's regulations. Based on the available evidence, it is unclear what roles, if any, the Democrats for Economic Recovery-Lalouch* in '92, The Schiller Institute, Inc., Hamilton System Distributors, Inc., or the Committee to Save the Children in Iraq, had in the production and dissemination of the 'LaRouche's 1992 Campaign' - -. ~ A

flyer.3 Despite the fact that The S~hill~ Institute's name appears on the flyer, the Institute apparently did not produce. distribute, nor pay for the flyer in question. Similarly, neither the Democrats for Economic RecoveryLaROUChe in '92. USD1, nor the COmmittee to Save the Children in Iraq produced. distributed or paid for the flyer. £t does appear, however, that Richard A. Slack and narian slack, based on their own statements, produced and distributed the 'Lalouche's 1992 Campaign' flyer, without consultation or approval from their corporate officers or authorisatiOfi from the candidate or the candidate's cOmmittee. I Based on the foregoing, the office of the General Counsel recommends that the Commission find no reason to believe that the Democrats for Economic iecoveryLa3ouche in '92, Schiller Institute, Inc., Hamilton System pistributors, Inc., or the 0 Committee to Save the Children in Iraq, violated 2 u.S.c. S 441d(a) or any other provisions of the Act on the basis of the complaint filed in this matter. This Office also recommends that the Commission find reason

3. Stemniski also contends that after reading all the Lalouche materials, he does not know whether he is being asked to contribute to Lalouche's 1992 presidential campaign, to a for-profit book distribution company (HSDI), or to a charitable organization (Committee to Save the Children in Iraq). Based on this lack of clarity, complainant surmises, without any evidentiary support, that the organizations may be intermingled and that commingling of funds and expenses may be occurring. Although it appears that there may be some connection among these entities, the General Counsel makes no recommendation with regard to them due to the small amount of money involved in this matter, the lack of evidentiary support presented and competing priorities for agency resources. 'I ~4 ,7~.. U 4 'A

to believe that both Richard A. Slack and Harlan Slack violated 2 u.s.c. ~ 441d(a) by tailing to include the appropriate disclaimer on the "Laaouches 1992 Campaigfl flyer that explicitly advocates the election of Lyndon Lalouche for President. Novever, given the minimal cost involved and the relatively small circulation (i.e., approximately 500 flyers were produced and distributed at a cost of less than $20.00) *fld in light of the agency'. priorities and resources, this Office further rocommeuds that the Commission exercise its prosecutorial discretion and take no further action and close

N. the file in this matter. S~ Neckler v. Chaney, 4@7 P.S. 621 (1965). This Office will include an admonishment in the cl@Si39 letters to Richard A. Slack and Nerian Slack.

IV. 33~UUTIOUS 1. Find no reason to believe that Democrats for Iconomic 0 RecoveryLaRouche in '92 and Kathy A. Ragraw, as treasurer, Schiller Institute, Inc.; lamilton System Distrihmtors, Inc.; and the Committee to Save the Children in Iraq, violated 2 U.S.C. S 441d(a) on the basis of the complaint filed in this matter. ~v) 2. Find reason to believe that Richard A. Slack and Narian Slack violated 2 U.S.C. S 441d(a) but take no further action. 3. Approve the appropriate letters. 4. Close the file. Lawrence N. Noble General Counsel

~4~L SY: Da Associate General Counsel FEDERAL ELECTION COMMISSION WA5H~P4GTON. D C 20*1

NERO3Agg~1m

TOt LAWRENCE N * NOBLE GENERAL COUNSEL (V~ FROM: MARJORIE V. 3MNONWBONNIE J. ROSC~' CONK! 5510K SECRETARY DAT3: NOVEMBER 10, 1992

SUBJECT: MUR 3347 - FIRS? GENERAL COUNSEL'S REPORt DATED NOVEMBER 5, 1992.

The above-captioned document was circulated to the Commission on Friday, November 6, 1992 at 12:00 p.s. Objection(s) have been received from the Commissioner(s) as indicated by the name(s) checked below: Commissioner Aikens Commissioner Elliott Commissioner McDonald xxx Commissioner NcGarry Commissioner Potter Commissioner Thomas

This matter will be placed on the meeting agenda for Tuesday, November 17, 1992 Please notify us vho viii represent your Division before the Commission on this matter. <7'

y~ p

531,33 ru VEDSML 3L3CYIOU cOURISUOw

In the Netter of Democrats for Economic Recovery- 3347 LaRouche in 9~ end Kathy A. Kagrav. RUg as treasurerg Schiller Institute, Inc.p NamlIton System Distributors, Inc. and Charles 3. 3~aghes. as presidenti Committee to Seve the Children in Iraqp Riohard A. Bleak u Marten Slack.

C3RTIVZC&TI~

I, Marjorie w. ~ns, Secretary of the ftieraj, Uleotion Commission, do hereby certify that on November 12, 1992. the Commission decided by a vote of 6-0 to take the follovin, actions in NUR 3347:

1. Find no reason to believe that Democrats for Economic lecovery-LaRouche in '92 end Kathy A. Ragraw. as treasurer p Schiller Institute, Inc.p Eamilton System Distributors, Inc.g and the Committee to Save the Children in Iraq, violated 2 U.S.C. S 441d(a) on the basis of the complaint filed in this matter. 2. Find reason to believe that Richard A. Slack and Reran Black violated 2 U.S.C. 5441d(a), but take no further action.

(continued) Federal Ulection Commission Certification for MIll 3347 November 12. 1992

3. Approve the appropriate letters, as recommended in the General Counsel's Report dated November 5. 1992. 4. Close the tile.

Commissioners Aikens. Illiott, McDonald, N@Garry, Potter. and Thomas voted affirmatively for the decision.

Attest:

Received in the Secretariat: 0 Thurs., Nov.. 05. 1992 3:03 p.m. Circulated to the Commission: Fri.. Deadline for vote: Nov.. 06. 1992 12:00 p.m. Thurs. Nov., 12, 1992 Received Objection: Thes., 4:00 p.m. Placed on Agenda for: NOV.. 10, 1992 2:59 p.m. Thes.. NOV., 17, 1992 Objection Withdrawn: Thurs., NOV.. Withdrawn from Agenda 12, 1992 2:59 p.m. bj r FEDERAL ELECTION COMMISSION WASMINCTON. 0 C 20463 NOV~@Z 30, 1992

CERTIFIED RAIL REIDUN URCEIFt 33~ESTED

Mr. Mark A. Stemniski 319 East Main Street, 31l Marlboro, MassachusettS 01752

RE: MU! 3347 Dear Mr. Stemniski: This is in reference to the complaint you fil@4 with the Federal Election C~i5siO3i Ofl June 24, 1991. como.~a~ag pomoorats for Economic aecovery--Laflouche in '92 and Kathy A. meoraw, as treasurer; Schiller Institute, Inc.; Hamilton System DL.tributors, Inc., and Charles 3. HugheS, as president; Committee to save the Children in Iraq; Richard A. Black; and Marian Slack. Based on that complaint, on November 12, 1992, the rederal Election Commission reviewed the allegations of your complaint and found that on the basis of the information provided in your -) complaint, and information provided by the Democrats for Economic Recovery--LaRouche in 92; Schiller Institute, Inc.; Committee to Save the Children in Iraq; and Hamilton System Distri~tors, Inc., there is no reason to believe that these entities violated 2 U.S.C. S 441d(a), a provision of the Federal Election Campaign Act of 1971, as amended. Additionally, on November 12, 1992, the Commission found that there was reason to believe Richard A. Black and Marian Black violated 2 U.S.C. S 441d(a). However, after considering the circumstances of this matter, the Commission determined to take no further action against Richard A. Black and Marian Black and closed the file in this matter on November 12, 1992. This matter will become part of the public record within 30 days. r Wi Nr. Mark A. Stemniski Page a

?he ftderal Election Campaign Act of 1971, as amended (the Act") allow a complainant to seek judicial review of the CO~missjo~og dismissal of this action. See 2 U.S.C. S 437g(a)(S).

Sincerely,

Lawrence ft. Noble

Gneral Counsel

SY: Lois G. Lerner Associate General Counsel Ifl@k@sute Gheral Counsel's Report

0 U

FEDERAL ELECTiON COMMISSION WASHINGTON. DC 20*3

November 30, 1992 Mr. Richard A. Black Hamilton System Distribution, Inc. P.O. Box 42 Ridgefield Park, New Jersey 07660

RI: MUM 3347 Dear Mr. Black: On November 12, 1992, the Federal Election COm.i*.i.~ found reason to believe that you violated 2 U.S.C. 4 provision S 41d(a), a of the Federal Election Campaign Act of 1971, as amended this('the Act.'). However, after considering the circumstances matter, the Commission also determined to take . furtherof action and closed its file. The General Counsel's formed a ~ vhich basis for the Commission's finding, is attached for your information. The Commission reminds you that Communications expressly advocating the election or defeat of a clearly identified candidate must contain the appropriate 2 U.S.C. disclaimer pursuant to S 441d(a). You should take immediate steps to insure that this activity does not occur in the future. 0 The confidentiality provisions at 2 U.S.C. S 437g(a)(l2) no longer apply and this matter is now public. In the addition, although complete file must be placed on the public record within 30 days, this could occur at any time following the Commission's certification of vote. If you wish to submit any factual or legal materials to appear on the public record, please possible. do so as soon as While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. if you have any questions, Veronica please direct them to N. Gillespie, the attorney assigned to this matter, at (202) 219-3690.

Sincerely, CL~~9~

Joan D. Aikens Chairman Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON DC 2043 Novez.bez 30,1992

Ms. Harlan black 66 Hancock Street Braintree, Massachusetts 02184

RE: NUt 3347 Dear Ms. black: On November 12, 1992, the Federal El@~tio~ COmmission found reason to believe that you violated 2 U.S.C. S 441d(a), a provision of the Federal Election Campaign Act of 1971, as amended

- ("the Act."). However, after considering the Cit0j55~5C*5 of this matter, the Commission also determined to tabs ~ further action and closed its file. The General Counsel' S reort, which formed a basis for the Commissions finding, is atta@bed for your information. me commission reminds you that communications eRpressly advocating the election or defeat of a clearly identified candidate must contain the appropriate disclaim., pairsuant to 2 U.S.C. 5 441d(a). You should take immediate steps to insure that this activity does not occur in the future. The confidentiality provisions at 2 U.S.C. s 437ga)(12) no longer apply and this matter is now public. i~ addition, although the complete file must be placed on the public record within 30 days, this could occur at any time following certification of the Commissions vote. If you wish to submit any factual or legal

_ materials to appear on the public record, please do so as soon as possible. While the tile may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. If you have any questions, please direct them to Veronica N. Gillespie, the attorney assigned to this matter, at (202) 219-3690. Sincerely, Tco~~ ~Weir~ Joan D. Aikens Chairman Enclosure General Counsel's Report V,:

FEDERAL ELECTION COMMISSION WASHINGTON, D C 20*3

November 30, 1992 Kathy A. Nagraw. Treasurer Democrats for Economic R@COvery-Laaouche in '92 P.O. 5am 690 Leesbury, Virginia 22075 RE: MIll 3347 Dear Ms. Magrav:

On June 279 1991, the Federal Election Commission notified the Democrats for Economic Recovery-Laaouche in '92 (Comitt.e) and you, as treasurer, of a complaint alleging violatim of Certain sections of the Federal Election Campaign Let ot 1971. as amended.

On November 12, 1992, the Commission found, em the basis of the information in the complaint, and information pzwided by you, that there is no reason to believe that the CommittA. and you, as treasurer, violated 2 rISC. S 441d(a). Accordingly, the Commission closed its file in this matter. The confidentiality provisions at 2 U.S.C. S 437g(a)(l2) no longer apply and this matter is now public. In addition, although the complete file must be placed on the public record within 30 days, this could occur at any time following certification of the Commission's vote. if you wish to submit any factual or legal materials to appear on the public record, please do so as soon as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. Sincerely, Lawrence H. Noble General Counsel

BY: Lois G. Lerner Associate General Counsel Enclosure General Counsel's Report FEDERAL ELECTiON COMMISSION WASIINGTON. DC 20*3

November 30, 1992 Ne. Nancy Spannaus Committe, to Save the Children in Iraq c/o Schiller Institute, Inc. P.O. lox 66062 Washington, D.C. 20035-6082

RE: RU! 3347 Dear Ms. Spannaus: On June 27, 1991, the Federal the Election COmmission notified Committee to Save the Children in Iraq of a co~3*int .11.9mg violations of certain sections of the Federal Election CeapeifA Act of 1971. as amended. On November 12, 1992, the Commission found, on the information in the complaint, tb basiC *f and information prvtde b7 ~P@U. that there is no reason to believe that the Committee to 551. C\J Children in I he Iraq violated 2 u.s.c. S 441d(a). Accordingly, the Commission closed its file in this matter. The confidentiality provisions at 2 U.S.C. S 437g(a)(1ZP 0 longer PC apply and this matter is now public. In addition, although the complete file must be placed on the 30 days, public record within this could occur at any time following certification of the Commission's vote. If you wish materials to submit any factual or to appear on the public record, please do so as soon as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions vill be added to the public record upon receipt. Sincerely, Lawrence N. Noble General Counsel

BY: Lois G. Lerner Associate General Counsel Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3

NoVehmbex 30, 1992 Narianna Werts. yi@e-President Schiller Institute, Inc. P.O. Box 66062 Washington, D.C. 20035-6082 RE: NUR 3347

Dear Ns. Werts: On June 27, 1,91, the Federal Election Commission notified the Schiller in*titut@. Inc.. of a complaint alleging violations of certain sectiOnS of the Federal Election Camps Ip Act of 1971. as amended. On november 12, 1992, the Commission found, on the basis of the information in the complaint, and information provided by you, that there is no reason to believe that the SchIl3er zn.titute, Inc., violated 2 U.S.C. S 441d(a). Accordingly, ~he cissi.n closed its file in this matter. The ~onfidentia1itY provisions at 2 u.s.c. * 437 (a)(12) no longer apply and this matter is now public. ~ the complete file must be placed on the public Sdit~@~, although 30 days, this could occur at any time following Certification of the Commission's vote. If you wish to submit any factual or legal materials to appear on the public record, please do so as soon as possible, while the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. Since rely, Lawrence K. Noble General Counsel

BY: Lois 0. Lerner Associate General Counsel

Enclosure General Counsel'5 Report FEDERAL ELECTiON COMMISSION * WASHINGTON. DC 20*3 #~ b November 30, 1992 1 ~~V)

Charles H. Hughes, President

RE: NUR 3347 Dear Mr. Hughes: on June 27, 1991. the Federal Election Commission notified Hamilton System Distributors, Inc., of a complaint aLleging violations of certain sections of the Federa Ill ecU cmpeign Act of 1971, as amended. On November 12, 1992. the Commission found, on the heels of the information in the complaint, and information p:vt.d by you, that there is no reason to believe that Hamilton System Distributors, Inc., violated 2 U.S.C. S 441d(a). Accordingly, the Commission closed its tile in this matter. The confidentiality provisions at 2 U.S.C. 5 437g(a)(12) no longer apply and this matter is nov public, In addition, although the complete file must be placed on the public record within 30 days, this could occur at any time following certification of the Commission's vote. If you wish to submit any factual or legal materials to appear on the public record, please do so as soon as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. Sincerely,

Lawrence ft. Noble General Counsel

BY: Lois G. Lerner Associate General Counsel Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASNUCTOI, DC NW

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