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I FEDERAL ELECTION COMMISSION WASHINGTON, D( 2 461 THIS IS THE BEGIMI1I OF ?IR # DITE FILMED -7/2;Y cERANO. -AEAA iS -~ ~cri~f October 19, 1994 $<~.* o CUTIFID NAIL & Gel 2 28 BMW= RCIPT REOURSTED Office of General Counsel m)AR LA09iU Federal Election Commission 999 E Street, NW Washington, DC 20463 Dear Sir or Madam: Ln ;~ -4 Under the rights accorded in 2 U.S.C. S 437g(a)l, I hereby. file a complaint against the respondents listed for the follo g violations of the federal campaign finance laws: Violations: 1. Excessive Personal Contributions 2. Illegal Earmarked Contributions 3. Expenses benefiting a Candidate - Not reported Respondents: Attorney General Charles Oberly Oberly Senate Committee (C#00282517) 3409 Lancaster Pike Wilmington, DE 19805 Don Henley West Hollywood, CA 90069 Delaware Democratic State Party P.O. Box 2065 Wilmington, DE 19805 The Facts 1. On September 22, 1994 in the Delaware State News, it was reported that California rock star Don Henley had contributed $20,000 to the Delaware Democratic Party. [Taken by itself, there is nothing illegal about this contribution.] 2. The September 28, 1994 issue of The Wave reports that Charles Oberly says "rock star and former singer Don Henley contributed $100,000 to his campaign." (Copies of both articles are enclosed.) * 1 Office of the General Counsel 0 October 19, 1994 Page 2 It would appear that: a) If Don Henley did give $100,000 to the Oberly Senate Committee he has made an excessive campaign contribution. b) If Don Henley gave $100,000 to the Democratic State Party with the intention that it be spent on the Oberly Senate Committee it would be an earmarked contribution and subject to be counted against both contributor's limit and the party committee's limit for that candidate. c) The state party is preparing to spend this money directly to benefit the Oberly Senate Committee. If spent on Charlie Oberly's behalf, it would not count as coordinated expenditures or party building activities. Thus it should be reported as an in-kind contribution. d) The Democratic State Party's federal committee may only accept contributions up to $5,000 from an individual. Thus, none of this money beyond the $5,000 would be available to spend on a federal campaign, since money contributed in excess of $5,000 would be deposited in the State Party's C\1 non-federal account (which under Delaware State law is allowed to accept corporate funds.) '110I request that you initiate immediate action against the respondents to investigate the appearance and possible violation 1-0 of campaign finance laws. W "Signed on the 19th day of October, Nineteen hundred and ninety-four, under the penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code. Sincerely, Dana DiSabatino Complainant' s Address: 2600 West 7th Street, Apt. G2 Wilmington, DE 19805 Notarized ____ Signed and sworn to before me. MARY E. AaTHEAM NOTARY PUBUC Date:/ / STATE OF DELAWARE Dt:' - COMM. EXPIRES SEP. 22, 1995 Oberly iero~W~xi7' On Senate Seat K: pe Webmi i1uw.11WVScmbO~CUlIe. a.1 Imeismed Ira. di. mu1ba~ mv,, - Ob~. empm~ - ~ w.k Obsily ha. mad. a. must i - pellalmal maSyass lee. ~ -. I.bv aw~ gujml pbussa.chm~WYVkTf dI~IlemI~mu.la.dheswM ouumuhad e.DshwmiwS ib swims. h.h~pud eintswebb~ aim hhi chilim Ma pamei. Six . h~. 11... oi~n I. fuuS.hIsmrnp~u mule. ambakmA.phinm-WEShSM hummu~ ~ - - Sb O sm.pus~ut w 3.. WU3.m Middle Cbs. Cauididule V. Rob ii. Wb him thin asses we~ b hi which busy praldeM Oesvp so balms Sb t~ysmbse luabm ~"m abul9i ,h.~effbkx*. PIflCT OWOCRATS pibered M the Resins Fire Hal to he. their cmnidutes - O~I~ bu uch - Darn SW. inoemminini.buiinselidy ~g sues SMvrdeyNl~it. Prom ~~Cosam&yc@Ui~ CoU~~niie candi Namby w puimmwa lass isowy -m ~mrles Ob~4 end U. GOv. Ann btlewsw C.rdre~r. ~ C4pm i Thhi Wob wEb amiuhil. *mwe.m.iinheib*iUWIk: t*,fthgh.~wO.bd.Wl7 DeCasslel (Aulae~ mood of is whim may is b. .1ow swAb by. -, urnS. by kawbidue.,' inI - Dinah Aba Deimamihi dus~p. si Us be. -. almiqisinbb AMIs,.~sOhulyhuhc~ad abut, Whys. mob u Ohio. Obsty. whs~irmAas.So1invmuli Ales Sbm uauaulvs burn - uihl. w~ hi I..mdrn~ Sm b.Sea~b hJmup~ Whim -u scud Nmdd.~ mibuk Dmbm - .woua.ygsinrsLabsdybinis- 3Isd~SWUbmd~ ~ b whimsy hi Dahiw... mys "Tb. mm Ilmlthtlcna Is a - ~- - rue.. * muM wary w~ dusasho -- sees ~.dSbs.labulUU. Sb i2~ymr mm N.h isis iarnap1m~aObarty 'If y misSy moo a mlsusahs, 8S~ ~ md~aiiny. Sblr I~ulsa. Is hi a Idea,, wait to rum etas ~e1O, ahe f~g?*rn~ Cisily ~s wbeg.dm.bu thinly 54g- bauis Sums whoa ysa NOisily ml., bmW is Sb bum b. 3.idywlm. And I bmw - 92~" b~astp~si qM W e.m'~ a kmdM agasaic pichie ~ lbs ~e3m 3~biSs aWbu~hi~iUaIiSlU1h~ _ mm baa bp4Umm I. Caish lowS. aWe..' aliaS of tbs .iiks U.S. * ~ - ~ (*uWs own poll gp~ usybcmmmqssta~ is W~ arAb ~ higuaily alms- ~' mis Obuily. wbbmWbUs~E.. b~Audwd.mlss.UpoObutV.4* mu mm. ~y.uboluu mid dmi~ ww .. ,~abeid. ~ - -S - ba my-tm * mum -rn-v lq.?whmmbm.Umy tern.' irna'.HW .inbmsewe.Wm bib Wib mud qwh - r.~iet W.eai~bwsk beds DsmsraIls Sm. Sbert 3.MI Sb~Saa~sh.~ bra -* - (Ohio) amS i.e. 'umol m6 emmashmam hi Abs Semis *tunbaum A.mpsOhuly.ie jul 4 samiuag WIhOmebimI - ~, w~his Sue myme Don Henlewy gwvs Dems OOYER A cdal"a~ rock stw bw tie aftm Dam- cs an Commue a $20000 SDm Binlq - fogurdrm =ff. wee"wwt ad ouffiw be~z AW. 2 sAV& Spt. 2 Slw. fag* puWrs m repe- I= Ren3ft et;Lm Aa Hescc wm fau 5.alhssWSSou ermd obe mLbWft amst - apw4- wri haftosw.aw o(ff Hd*q. ame Rammusn oat bStt Detwo I"a Cbsaw nun Qft I o a.G wrm IoIpo~ad coi nEe soft fa n~I sP"otan grt 1Lohevt -A dot FEDERAL ELECTION COMMISSION October 28, 1994 Dana DiSabatino 2600 West 7th Street, Apt. G2 Wilmington, DE 19805 RE: HMR 4096 Dear Hs. DiSabatino: This letter acknowledges receipt on October 21, 1994, of your complaint alleging possible violations of the Federal Election Campaign Act of 1971, as amended ('the Act'). The respondent(s) will be notified of this complaint within five .Ndays. You will be notified as soon as the Federal Election Commission takes final action on your complaint. Should you receive any additional information in this matter, please forward it to the Office of the General Counsel. Such information must be sworn to in the same manner as the original \0 complaint. We have numbered this matter UR 4096. Please refer to this number in all future communications. For your information, we have attached a brief description of the Comissionts procedures for handling complaints. Sincerely, §ary L. Attorney - Central Enforcement Docket Enclosure Procedures FEDERAL ELECTION COMMISSION WAsHINConTO,)4 Q( October 28, 1994 Charles x. Oberly III 3409 Lancaster Pike Wilmington, DR 19805 Rt XUR 4096 Dear Mr. Oberly: The Federal Election Commission received a complaint which indicates that you may have violated the Federal Election Campaign Act of 1971, as amended ('the Act'). A copy of the complaint is enclosed. We have numbered this matter Ul 4096. Please refer to this number in all future correspondence. Under the Act, you have the opportunity to demonstrate in writing that no action should be taken against you in this matter. Please submit any factual or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropriate, statements should be submitted under oath. Your response, which should be addressed to the General Counsel's Office, must be submitted within 1S days of receipt of this letter. If no response is received within IS days, the Commission may take further action based on the available information. This matter will remain confidential in accordance with 2 U.S.C. I 437g(a)(4)(5) 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 (202) you have any questions, please contact Alva x. Smith at 2lw 3400. rt your information, we have enclosed description a brief of the Commissionts procedures for handling complaints. Sincerely, Mary L.Taksarr Attorne* Central Enforcement Doc et Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement CN FEDERAL ELECTION COMMISSION WASHIN(.TON. DC 2O*bi October 28, 1994 John D. Oberly, Treasurer Oberly Senate Committee 3409 Lancaster Pike Wilmington, DR 19805 Ra: MUR 4096 Dear Mr. Oberly: The Federal Election Commission received a complaint which indicates that the Oberly Senate Committee ('Committee') and you, as treasurer, may have violated the Federal Election Campaign Act of 1971, as amended ('the Act'). A aopy of the C i complaint is enclosed. We have numbered this matter UE 4096. Please refer to this number in all future correspondence. Under the Act, you have 0) the opportunity to demonstrate in writing that no action should be taken against the Committee and you, as treasurer, in this matter. Please submit any factual or gal materials which you believe are relevant to the Commission's analysis of this matter.
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