Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement Association, Inc

FEDERAl. ELECTION COMMISSION

1.12% K SIRI I I N.W.

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TH IS IS THE EI D.OF [.IUR r.!/3

Date Fi.lmed L.Z//,/ / Camera No. -- 2

Cameraman

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FEDERAL ELECTION COMMIISS ION

The above-described material was removed from this file pursuant to the following exemption provided in the Freedom of Information Act, 5 U.S.C. Section 552(b):

(1) Classified Information (6) Personal privacy (2) Internal rules and (7) Investigatory practices files

_____(3) Exempted by other (8) Banking Information statute

_____(4) Trade secrets and (9) Well Information commercial or (geographic or financial information geophys ical)}

(5) Internal Documents q.

S igned U ,k."(A

Date £k5/tS

FEC 9-21-77 ' "- FEDERAL ELECTION COMMISSION WASHINGTOND.C 20463

Fred Taylor Isguith, Esquire Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, New York 10016 Re: MUR 1531 Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement Association, Inc.

Dear Mr. Isguith: On March 3, 1983, the Commission notified you of a complaint alleging that your clients had violated certain sections of the Federal Election Campaign Act of 1971, as amended. The Commission, on May 19, 1983, determined that on the basis of the information in the complaint and information provided by you, that it would take no action on the issue whether the Queens Greater Improvement Association, Inc. violated 2 U.S.C. S 441b(a) by making corporate contributions to the Friends of Douglas Schoen or whether the Douglas Schoen and Friends of Douglas Schoen violated that section by accepting corporate contributions from the Queens Greater Improvement Association, Inc. The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen violated 2 U.S.C. S 441a(f) by knowing accepting contributions from persons in excess of the limitations. Accordingly, the Commission closed its file in this matter. This matter will become a part of the public record within 30 days.

Sincerely, Charles N. Steele

Associate G eral Counsel

Attachme~nt I FEDERAL ELECTION COMMISSION

WASHINGTON. D C. 20463

Fred Taylor Isguith, Esquire Wolf Naldenstein Adler Freeman & Hlerr 270 Madison Avenue New York, New York 10016 Re: MUR 1531 Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement -" Association, Inc. N. Dear Mr. Isguith: "T On March , 1983, the Commission notified you of a complaint S alleging that your clients had violated certain sections of the os Federal Election Campaign Act of 1971, as amended. 9The Commission, on , 1983, determined that on the O basis of the information in the complaint and information provided by you, that it would take no action on the issue whether the . Queens Greater Improvement Association, Inc. violated 2 U.S.C. S 441b(a) by making corporate contributions to the Friends of O Douglas Schoen or whether the Douglas Schoen and Friends of , 9 Douglas Schoen violated that section by accepting corporate contributions from the Queens Greater Improvement Association, 0- Inc. The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen violated 2 U.S.C. S 441a(f) by knowing accepting contributions from persons in excess of the limitations. Accordingly, the Commission closed its file in this matter. This matter will become a part of the public record within 30 days.

Sincerely, Charles N. Steele General Counsel

By: Kenneth A. Gross Associate General Counsel • i . WASHINGTON, D.C. 20463 IFEDERAL ELECTION COMMISSION 57May 23, 1983

Thomas 3. Schwarz, Esquire Skadden, Arps, Slate, Meagher and Flom 919 Third Avenue New York, New York 10022 Re: MUR 1531 Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement '-4 Association, Inc. Dear Mr. Schwarz: The Federal Election Commission has reviewed the allegations F of your complaint dated February 25, 1983, and determined that on c the basis of the information provided in your complaint, and information provided by the Respondents, it would take no action on the issue whether the Queens Greater Improvement Association, the Friends of Douglas Schoen, or Douglas Schoen violated oD 2 U.S.C. S 441b(a). The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen violated 2 U.S.C. S 441a(f). Accordingly, the Commission has decided to close the file in . 9 this matter. The Federal Election Campaign Act allows a complainant to seek judicial review of the Commission's dismissal €O of this section. See 2 U.S.C. S 437g(a) (8). Should additional information come to your attention which you believe establishes a violation of the Act, you may file a complaint pursuant to the requirements set forth in 2 U.S.C. S 437g(a) (1) and 11 C.F.R. S 111.4. Sincerely, Charles N. Steele General Counsel

al Counsel

Attachrrent WSHINCTON. D.C. 20463 fFEDERAL ELECTION COMMISSION

Thomas J. Schwarz, Esquire Skadden, Arpa, Slate, Meagher and Flom 919 Third Avenue New York, New York 10022 Re: MUR 1531 Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement --" Association, Inc. S Dear Mr. Schwarz: The Federal Election Commission has reviewed the allegations of your complaint dated February 25, 1983, and determined that on the basis of the information provided in your complaint, and c information provided by the Respondents, it would take no action on the issue whether the Queens Greater Improvement Association, ~the Friends of Douglas Schoen, or Douglas Schoen "violated o 2 U.S.C. S 441b(a). The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen " violated 2 U.S.C. S 441a(f). o3 Accordingly, the Commission has decided to close the file in this matter. The Federal Election Campaign Act allows a complainant to seek judicial review of the Commission's dismissal €. of this section. See 2 U.S.C. $ 437g(a) (8). Should additional information come to your attention which you believe establishes a violation of the Act, you may file a complaint pursuant to the requirements set forth in 2 U.S.C. S 437g(a) (1) and 11 C.F.R. S 111.4. Sincerely, Charles N. Steele General Counsel

By: Kenneth A. Gross Associate General Counsel w

FEDERAL ELECTION COMMISSION WASHINGTON. D.C. 20463

MEMORANDUM TO: Office of the Commission Secretary FROM: Office of General Counsel / DATE: May 16, 1983

SUBJECT: MUR 1531 - General Counsel's Report

The attached is submitted as an Agenda document for the Commission Meeting of

Open Session

Closed Session

CIRCULATIONS DISTRIBUTION 48 Hour Tally Vote Compliance Sensitive [X] [X] Non-Sens itive [ ] Audit Matters [] 24 Bout No Objection [ ] Litigation Sensitive [] [I Non-Sensitive Closed MUR Letters [1 tnformat ion [ ] Status Sheets Sensitive [I] Non-Sensitive Advisory Opinions [] Other (see distribution Other [I] below) [] BEFORE THE FEDERAL ELECTION COMNMI 01

In the Matter of Douglas Schoen MUR 1531 Friends of Douglas Schoen Queens Greater Improvement Association, Inc.

CERTIFICATION

* I, Marjorie W. Enunons, Secretary of the Federal Election Commission, do hereby certify that on May 19, 1983, the Commission decided by a vote of 6-0 to take the following actions in MUR 1531:

1. Find no reason to believe the Queens Greater Improvement Association, Inc., and the Friends of Douglas Schoen violated 2 U.S.C. S 441b(a). 2. Find no reason to believe 0 the Friends of Douglas Schoen violated 2 U.S.C. S 441a(f). 3. Find no reason to'believe Douglas Schoen violated 2 U.S.C. S 441a(f).

4. Close the file. 5. Approve and send the letters as attached to the General Counsel's Report signed May 16, 1983. Commissioners Aikens, Elliott, Harris, McDonald, McGarry and Reiche voted affirmatively in this matter.

Attest:

.. 1' !Date Marjorie W. Emmons Secretary of the Commission Received in Office of Commission Secretary: 5-16-83, 3:12 Circulated on 48 hour tally basis: 5-17-83, 11:00 In the Matter of )B3'IAMI 6 p3: 12 ) Douglas Schoen ) MUR 1531 Friends of Douglas Schoen ) Queens Greater Improvement ) Association, Inc. )

ENRLCOUNSEL'8S REPORT I. Background A. Receipt of corporate contributions The complainant has alleged that, during Mr. Schoen's

campaign, his committee received in-kind contributions from the ~Queens Greater Improvement Association, Inc. (the Association). 00. Specifically, Mr. Moskowitz has claimed that the in-kind ... contributions were in the form of polling data and a mailing list

O created and maintained by the Association. In addition, the . complainant charged that mailings disseminated by the o Association, should be considered as promoting the candidacy of " Mr. Schoen, and thus constitute the making of an in-kind

corporate contr ibution. B. Receipt of excessive contributions In October, 1981, Mr. Schoen filed his statement of

candidacy with the Clerk of the House. The Friends of Douglas Schoen registered at the same time. The campaign committee was active until July 8, 1982, when the treasurer notified the Commission that Mr. Schoen had terminated his campaign efforts with regards to the 1982 election. On November 1, 1982, Congressman Rosenthal was re-elected in the general election. 9 V

On January 4, 1983, he died. Governor Cuomo issued his declaration establishing a special election to be held on March 1, 1983, and Douglas Schoen once again became a candidate. Complainant has pointed to several contributions received prior to Schoen's termination of his 1982 candidacy, and has combined his 1983 special election receipts to conclude that they are excessive. The premise for this allegation appears to be based upon the conclusion that 'since Mr. Schoen was a self- avowed non-candidate in the 1982 primary, the 1981 contributions must be counted toward the 1983 primary.' Complaint at 5. C. Knowing acceptance of prohibited/excessive contributions ~Complainant has contended that Schoen accepted prohibited "9 and excessive contributions. Facts set forth in the complaint o point to an asserted nexus between Schoen's activities undertaken

as a representative of the Association and the Association's intent to 'grease the skids for Mr. Schoen's candidacy and to provide the basis for [subsequent] statements made in [a] Schoen Committee mailing.' Complaint at 4. If, then, there were any violations by the Association, the complaint has provided facts which tend to indicate Schoen's awareness any impropriety. II. Legal Analysis A. Whether the Queens Greater Improvement Association made corporate contributions to the Schoen campaign

2 U.S.C. S 441b(a), in pertinent part, makes it unlawful 'for any...corporation whatever...to make a contribution or - 3-

expenditure in ,connection with [emphasis addedi any election [for federal off ice]." The essence of the complaint on this issue is that Mr. Schoen, as an organizer and spokesman for the Association, benefitted by the Association's mailings in November, 1982. Those mailings promimently featured Schoen as a representative of the civic-oriented organization. (The complainant cites a mailing by the Association on or about November 9, 1982, over a week after the election which "promot[ed] the name of Douglas Schoen" and which assisted in the creation of a mailing list "by requesting people to write back to Mr. Schoen expressing their concern for the ise....= ~Complaint at 3.). The complaint further tends to imply that the " Association first applied for a bulk mail permit on or about oNovember 9, 1982, *when it was becoming clear that there would be

a special election" (implying a widespread belief that Congressman Rosenthal would not survive the term to which he had a0 just been elected). Respondents' reply to the complaint denies all of the allegations. The response includes, inter alia, copies of bulk mail permits dating back to May, 1981, and copies of mailings which demonstrated the non-partisan nature of the Association. More importantly, however, the response explained the motives behind Mr. Schoen's withdrawal from the 1982 primary. In July, 1982, the district which Mr. Schoen believed he would represent if he prevailed, was redrawn, and a large portion of that district became annexed by Congressman Rosenthal's district. Because Mr. Schoen would have then had to challenge Mr. Rosenthal, a Congressman whose record "he regarded as impeccable," Response at p.6, he decided to terminate his candidacy, but to keep his committee operative, nevertheless. The complainant appears to imply that Mr. Schoen had some special knowledge regarding Congressman Rosenthal's health which should lead the Commission to conclude that, despite his stated intention to the contrary, Mr. Schoen should be viewed as a candidate throughout this period and that all of his activities during the time from July, 1982, until his subsequent official declaration of candidacy should be deemed as campaign-related. */Mr. Schoen has denied such knowledge.

A review of sample mailings (including the one cited by the complainant) fails to disclose any mention of past, present or future candidacy status of Mr. Schoen. The only evidence which complainant provides to show that Schoen's committee utilized the Association's mailing list is a comparison of the similarities among computer-generated mailing labels which "demonstrates that the labels [use by the Association and the campaign committeeJ were printed by the same computer." While similarities may indeed exist, the response categorically status that "no labels

*/ The only receipts reported during the period 7/1-12/31/82 by the campaign were loans by Mr. Schoen, a receipt for interest or dividend payment, and purchase of a study. K

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or 'computer lists' were obtained by the campaign from Queens

Improvement or were paid for by Queens Improvement .... " Absent more evidence to the contrary, this Office believes the mere similarities among mailing labels to be insufficient to prove common origin, or that the point of origin was the Association. The Office of General Counsel believes that the facts presented in the complaint are insufficient to warrant a

recommendation of reason to believe the Association or the 0 campaign violated 2 U.S.C. S 441b(a). The General Counsel recommends, therefore, that the Commission determine there is no reason to believe the Association or the campaign violated 2 U.S.C. S 441b(a). -., B. Whether contributions made during the 1982 primary election period should be attributed to a subsequent election 0D The complainant has adopted the position that despite Mr.

€3 Schoen's declaration of non-candidacy for the 1982 primary j > election and because he maintained an authorized committee for a z "future candidacy," contributions received prior to his notice shall be counted against a subsequent election limit. As previously noted, Mr. Schoen was an active candidate in the 1982 primary until July, 1982, when the effect of redistricting became clear. At that time, he decided not to seek his party's nomination. No contributions were received (other than loans which he made from personal funds) until he declared his candidacy for the special election resulting from the death of Congressman Rosenthal. Contributions made in 1982 were made -6 -

to influence the primary election in September there is no indication that anyone believed otherwise. Indeed, Mr. Schoen vas a candidate for that election and the mere fact that he should withdraw from that election should not create a new exception to the general rule that contributions, unless otherwise designated, are to be deemed to have been made with respect to the next election. Se generally 11 C.F.R.

S 110.1(a) (2). ' " The Office of General Counsel recommends, therefore, that

the Commission determine there is no reason to believe the campaign committee accepted excessive contributions in violation

of 2 U.S.C. S 441a(f). C. Knowing acceptance of prohibited/excessive contributions o In view of the foregoing analysis under A and B, supra, the r General Counsel recommends that the Commission determine there 0 is no reason to believe that Douglas Schoen violated 2 U.S.C.

SS 441b(a) or 441a(f).

Recommendations 1. Find no reason to believe the Queens Greater Improvement Association, Inc., and the Friends of Douglas Schoen violated 2 U.S.C. S 441b(a). V

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2. Find no reason to believe the Friends of Douglas Schoen violated 2 U.S.C. S 441a(f). 3. Find no reason to believe Douglas Schoen violated 2 U.S.C.

S 441a(f). 4. Close the file. 5. Approve and send the attached letters.

Date Charles N. Steee 1 L~ General Counsel

By: Associate General" Counsel

Attachments1. Responses to the complaint 2. Letter to complainant 3. Letter to respondent *WOLF HALDENS'E:IN ADLE[R FREE£MAN & ,HE[RZ ' a70 MADISON AVENUE . i NEW YORK. NY. eoo1so Y,4EoDo.- w ADL[ft U1R-@S*-5300...- JONN L,.,NCCMAN goao . - ,ii i.m JOMdN W, ME~lZ 'C AOm . EOASk J. NAYMAN Si 1ig0 gwgdwl CNANLES N. OAU.ER 6UALS M..AND DAVID A -frTJY Nlt43N6 r - ,cim L. KLAUS NERN OC W Eb D&#, CL, w. NRASNER C m *

SASSARA SL.OCK BR@WN •

aaMA M. @rgwES

*W•O Wr'C . V. • 6,.50SOYAI. I.M WAY PALM SEAMN. PLYfiA406 Federal Election Commission 1325 K Street, L.W. Washington, D.C. Attention: Stephen Miiys _. Re: The Friends of Douglas Schoen Com.'itte - MUR 1531 Gentlemen: °r we represent The Friends of Douglas Schoen Committee (the "Committee"), The Greater Queens Improvement Association, c Inc. ("Queens Improvement") and Douglas Schoen, respondents with es.ect to the above referenced complaint. C On be.half of the respondents, we respectfully submit for your consideration an answer to the complaint and a " memorandum demonstrating why the complaint is without merit. c" In addition, the respondents respectfully submit the .. following exhibits. • 1. Bulk mail permits beginning in May, 1981 for mailings in connection with the activities of Queens Improvement. 2. Copies of several pieces of iterature produced by Queens Improvement. 3. Several articles concerning Queens Improvement and the work of the Subway Alliance which appeared in newspapers. 4. A letter from Anagraphics which did the work in November and December, 1982 on the piece of literature which is the subject of the complaint as well as Anagraphics' invoice dated 12/29/82. If you have any questions or I could be of any further assistance please do not hesitate to call me. Very truly yours, Federal Election Commission

mm mmm m.mX JZDD IwOSKOWITZ, :ANSWER TO COMPLAINT Petitioner, .: MUR 1531 -against- THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents. :.

Respondents, by their attorneys, answer the complaint herein as follows: 1. Deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph IFof the complaint and allege that the complaint is without merit and was motivated by political considerations and to divert the attention of the Federal Election Commission ("FEC") from the 0 . prior complaint submitted with respect to the campaign of Gary Ackerman for whom the petitioner served as a staff member while ? Mr. Ackerman was a State Senator, worked for him on the campaign at the time the complaint was filed and continues to work for Mr. Ackerman now that Mr. Ackerman is a member of the U.S. House of Representatives. 2. Deny the substantive allegations of paragraph 2 of the complaint including that there is any basis for the

complaint, that The Friends of Douglas Schoen Committee (the

"Committee') has ever accepted illegal corporate contributions or that it accepted excessive contributions. 3. Admits the allegations contained in paragraph 3 of the complaint, except allege that on September 20, 1981 the Commnitttee filed its statement of-organization (which was. misdated October 19, 1981). 4. The allegations contained in paragraph 4 of the complaint are denied as written. Respondents respectfully refer to the Charter of The Greater Queens Improvement Association, Inc., ('Queens Improvement') as describing the purposes of Queens Improvement, which at all times Queens Improvement followed,its address and incorporators. 5. Deny the allegations contained in paragraphs 5 and 6 of the complaint, except admit that Congressman Rosenthal died on January 4, 1983 and that on November 9, 1982, as part of its continued activities and as one of several bulk mail permits it had obtained since its organization, Queens Improvement obtained a bulk mail permit for purposes of a mailing literature and notices of meeting including, inter alia, literature concerning social security and its impact on senior citizens in Queens. •6. Deny the allegations contained in paragraph 7 of the complaint, and specifically state that no labels orQ'couputer lists' were obtained by the campaign from Queens Improvement ork were paid for by Queens Improvement and further admit that after Congressman .Rosentha1's death Mr.* Schoen commenced hiscanadidacy to fill the vacancy and specifically allege that the Schoen Committee paid the costs for all mailings in connection with the campaign of Mr. Schoen to seek federal office and that all disbursements are listed on the reports of the Committee.

-2- j~k 1)~ 7. Deny the allegations contained in paragraphs 8 and ! 9 of the complaint except admit that Helen Bergholz is related to Pennie Bergholz and lives at the same address. 8. Deny the allegations contained in paragraph 10 of the complaint, except admit that in 1981 the Committee accepted contributions for a contemplated primary election campaign in i 1982 and, thereafter, in July 1982, after the congressional

district lines were modified in light of the 1980 census figures Kr. Schoen determined not to "seek election- in 1982. After

January 4, 1982, following Congressman Rosenthal death, nearly ," four months after the 1982 primary, Mr. Schoen decided to seek

the Democratic Party nomination for the vacant seat which was handed to Mr. Ackerman by the Queens Democratic Organization at a

"caucus" held on January 26, 1983. . WHEREFORE, Respondents respectfully request that the o complaint be dismissed as without merit. " Dated: March , 1983

Wolf Haldenstein Adler *Freeman &. Her:

Attor-neys for Respondents 270 Madison Avenue New York, New York 10016 (212) 689-5300

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The Friends of Douglas Sohoon Committee

270 Madison Avenue New York, New York 10016 (212) 689-5300 Greater Queens Improvement Association, Inc.

20 Cont entanleA Queens, New Yore

Douglas20 Contiznenta1 Scbo'bn Avenue Queens, New York (212) 544-6955

0D F. C."

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FEDERAL. ELECTION COMMISSION

JEDD MOSKOWITZ, MUR 1533. Petitioner, -against- THE FRIEi DS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVFEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents.•

M.MORANDUI.! OF RESPONDENTS REGARDING THE COM PLAINT OF JEDfl MQSKOWITZ

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WOLF HALDENSTEIN ADLER FREEMAN & HERZ 270 MADISON AVENUE NEW YORK. N.Y. 10016 689-5300 i~~k' ,~2& Federal Election Commissio~n JEDD MOSKOWITZ, . Petitioner, : MUR 1531 0 -against- THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents.

--- mm------MEMORANDUM OF RESPONDENTS REGARDING ,. , THE COMPLAINT OF JEDD MOSKOWITZ

~Procedural Status of Matter O On January 21, 1983, Governor Cuomo proclaimed a " Special Election to be held on March 1, 1983, to fill a vacancy for the United States House of Representatives for the 7th oD Congressional District, Queens, New York, caused by the death of F Congressman Benjamin Rosenthal. C After the pre-election federal election law reports were filed, on February 21, 1983, Douglas Schoen, an independent E n C ° cO candi'date, -1led;i'bop1aint- wi-ht :- h' ?ederal" lectio r mmission

(the "FEC") concerning the financing *of the campaign of Gary Ackerman, the nominee of the Democratic Party. In response to Mr. Schoen's .complaint, a member of Mr. Ackerman's ...staff, Jedd Moskowitz, signed a complaint against the.?-

Schoen campaign. Mr. Moskowitz is currently employed as a congressional staff member. Essentially, the complaint charges that literature of a separate civic organization, -which literature was conceived and completed prior to "Congressman Rosenthal's death, should be attributed to campaign activities of Mr. Schoen occuring after Congressman's Rosenthal's death and that contributions made over a year before his death should be considered for a Campaign made possible only by the vacancy caused by his demise. Mr. Ackerman prevailed in the Special Election. After the campaign it was proposed by the Ackerman campaign that Mr. Ackerman would withdraw his complaint against the Schoen campaign if Mr. Schoen would withdraw his complaint regarding the Ackerman campaign. Mr. Schoen agreed to this

• proposal and, on March 10, 1983, by letter of Mr. Ackerman's attorneys, the complaints were withdrawn. ~On March 14, 1983, in a telephone conversation with an FEC staff member, counsel for respondents were advised that the - withdrawal of the complaints did not necessarily terminate the 03 investigatory power of the FEC and that the staff might recom.mend

action regarding the respective campaigns. Respondents thereupon :O requested and received an adjournment to respond to the complaint o3 until March 31, 1983. This memorandum along with the accompanying exhibits is respectfully submitted by Respondents in accordance with 11 C.F.R. SlII.6 to set forth their position with respect to the complaint and demonstrate that it is without merit. We request that the complaint be dismissed and that the staff recommend that no action be taken with regard to the complaint. Background Facts In June, 1979, M. ' Schoen completed his formal education by graduating from Harvard Law School and returned to New York City to open a public opinion polling business. He established his residence in Forest Hills, Queens. In November, 1980, he helped found the Queens Subway Alliance. By June, 1981,

the Alliance had 7500 members. Zn order to obtain protection for the Alliance's activities and conduct other civic projects, the Greater Queens

Improvement Association, Inc. ("Queens Improvement") was formed " in December, 1980. ~From its inception, and as a continuation of the

activities of the Alliance, Queens Improvement has been involved in civic activities of concern to Queens residents, and particularly senior citizens, such as subway improvement, crime 0 protection and social security. Its efforts have received

favorable comment in the local press and City wide including the newspaper of which Mr. Ackerman's owns a majority interest. A cC few of these articles are submitted with this memorandum. :DUring 1981,= Greater Queens sponsored three~ foruinsto subway safety ...and crime. Two of these forums featured Richard Ravitch, chairman of the MTA, and Donald Manes, the Queens Borough President and head of the Queens Democratic Party organization. The third forum involved three representatives of the MTA, the Transit Police and the regular New York City Police Department. In addition, in order to publicize these forums, and "'ii

advise, the public of its views~beginning in Spring 1981, Queens. Improvement began to make extensive mailings and literature

distributions. Copies of the bulk rate permits and checks for postage have been submitted with this memorandum. Queens Improvement devoted a great deal of attention to

the concerns of senior citizens and throughout 1981 and 1982 concentrated on the subway half fare program, crime directed at

older people and the crisis in social security and the impending report by the special bi-partisan commission on social security. ~During the Fall of 1982, forums on mass transit and crime were held and mailings and literature distributed. 0D Residents who were unable to attend were given the opportunity to send their comments back to Queens Improvement by return mail. ~Members of the organization expressed dismay at o possible social security cuts. Based on those concerns, in November 1982, nearly two months before the Governor's call for a C Special Election (and over a month before Congressman Rosenthal's , death) a mailing on social security was initiated. It is that mailing which serves as the basis of the complaint. Yet the activities of Queens improvement in. the Falk

of 1982 were merely a continuation of over 2 years work of

Greater. Queens Cand before its incorporation, the Alliance). These activities were independent of the political activities of

Mr. Schoen as a candidate for Congress.

The Alliance has more members than the number of votes which Mr. Schoen received in the Special Election. Mr. Schoen's interest in representing Queens in Congress stemmed from the same 'motives of civic concern which led / him to devote so much energy to non-political activities such as the work of the Alliance and Queens Improvement. But his campaign activities were kept strictly separate from those

organizations. At no time, were any activities, mailings, ! literature, labels or other campaign related expenses paid for by i

Queens Improvement. sometime in mid-1981, Mr. Schoen decided to explore the possibilities of running for Congress in the Democratic Party primary in 1982. In Fall, 1981, Mr. Schoen decided to make an C attempt to run. On September 20, 1981, Mr. Schoen filed a 0 Statement of Candidacy and The Friends of Douglas Schoen i Committee ("the Committee") filed a statement of organization ! filed (which was misdated October 19, 1981). 0 In accordance with the requirements of the federal election law, the Committee filed reports of its activities. At the end of January 1982, Mr. Schoen filed his personal financial statement. . In .. 1.981 ° the preliminary reports of the _1980 censuas disclosed a radical decline in the= population of New York city and Queens, resulting in the loss of three seats in Congress. Congressional district lines were to be drastically modified.

Untl the new district? 1ines were determined, 14r. Schoen could not know which district might be included in Forest Hills or begin serious organizing efforts. Nevertheless, since Mr. Schoen believed that it was

t1, j 11 ., ,.,...... ' .., ... .,.. . ( " ...... " ...... :. ( " ...... N ,.-, . ,

* probable that he would mount an active campaign in the September, 1982, bemocratic Primary, in late winter and early spring 1982 be. began to organize and cozitinued to solicit contributions toward that election. It was predictable that redistricting would be

controversal. * What was unpredictable was that there would be no

final decision as to redistricting until July, 1982. The redistricting resulted in a new reality: 1. Congressman Rosenthal was to represent most of Forest Hills which previously he had not represented. Mr. Schoen ,4 had no reason to challenge Congressman Rosenthal whose record he

0 regarded"as impeccable; and m 0 2. The drastic change in the district represented by the Congressman than representing Forest Hills reduced significantly the chances of mounting a successful campaign; and o Accordingly, while remaining a "candidate" under the

federal election law, in July, 1982, Mr. Schoen determined not to seek office in the 1982 election but that the Committee would . .remain .operative. The Committee so advised the FEC and the House *. of Representatives so that the requirement of filing pre-election reports would be relieved. _No objection was received. (A year end report was filed.)

In 1981 the primary and election for New York City Council members were enjoined because of redistricting controversies. As of today, no election has been held for • the councilrnembers-at-large who have continued to occup y their positions since 1978, although their terms expired at the end of 1981.

-6- " No campaign activities were conducted by the Committee or Mr. Schoen from July, 1982 u'ntil after Congressman Rosenthal's

death. No contributions were solicited or received. No disbursements were made.

In November 1982, Congre•ssman Rosen thal won overwhelming reelection. Throughout his campaign, and until he died, Congressman Rosenthal denied that he was terminally ill and

said that he would serve out his next term. Mr. Schoen did not have knowledge to the contrary. Be never met Mr. Rosenthal, he was never in Congressman Rosenthal's office, he never spoke to any person on Congressman Rosenthal's 0 staff, he was not privy to the condition of his health. Mr. 0 Schoen had no foreknowledge of Congressman Rosenthal's death. '-) ~After Congressman Rosenthal's death, Mr. Schoen decided

"9 to seek the vacant seat and attempt to gain the Democratic Party o nomination at the causus of District Leaders. All expenses for

the campaign were paid for by the Committee, which received no support from Queens Improvement. on January 21, 1983, Governor Cuomo issued his declaration establishing a Special Election for March 1, 1983. On January 26, 1983, the Queens Democratic Party organization held its caucus and: nominated Mr. Ackerman as its nominee to fill the vacant congressional seat. On February 2, 1983, Mr. Schoen filed petitions permitting his name to appear on the ballot as an independent candidate.

-7- On March 1, 1983, Mr. Ackerman wau overwhelming electeG ,i tO Congress. -

Based on theseS facts, we believe that the complaint should be dismissed.

THE COMMITTEE HAS NOT ACCEPTED IMPROPER CORPORATE CONTRIBUTIONS In complaining that the campaign accepted corporate contributions from Queens Improvement (or that Queens Improvement made improper corporate expenditures), the complaint is clearly arguing that (1) Mr. Schoen had foreknowledge of the time and circumstances of Congressman Rosenthal's death; (2) Mr. Schoen had foreknowledge of the time and circumstances of the Governor's oD declaration of a Special Election; and (3) that Queens ' Improvement in carrying out its purposes in the Fall of 1982 did o4 so for the purpose of aiding a campaign which could occur only after the death of the incumbent and the declaration of a Special 0 Election. D Mr. Schoen had no knowledge different from that ;. evidenced by Congressman Rosenthal's public statements. In fact, Mr. Schoen never met Congressman Rosenthal, was never in his office, never spoke to any member of his staff, and certainly was not privy to the condition of his health. The activities of Queens Improvement in the Fall of 1982, were a continuation of civic activities going back to 1980. rThe-mailtng on whicb. the complaint ~ s'sed -was part and, parcel of its work ..and the concerns of its members about the social security crisis. The mailing was initiated, conceived, printed and the mailing labels obtained weeks before Congressman

-8- ___ i i r i •

Rosenthal's death. All expenses for the mailing, as its other activities, were paid for by Queens Improvement. All mailings done by the campaign were done after the Governor's declaration of a Special Election and were paid for by the Committee. INo materials, including mailing labels, were obtained from, or paid for by, Queens Improvement.

In short, the facts do not support the charges. THE COMMITTEE HAS NOT ACCEPTED EXCESS CONTRIBUTIONS FROM, OTHER CONTRIBUTORS The complaint complains of four instances of alleged "excessive" contrbutions by individual contributors.

~Again, the premise of the complaint is flawed - it Sargues that contributions made in the Fall of 1981 when Mr. C Schoen was seeking actively nomination of the Democratic Party C for Congress in 1982 should be attributed to the unforeseeable

C S Special Election in March, 1983. r" Under 11 CPLR Sii0.i a individual may contribute up to C D $1,000.00 to a candidate for an "election". An "election" includes, inter alia. separately a general election, primary election, caucus or convention and special election (11 CPR SlO0.2). For the purposes of determining contributions "an election cycle shall begin the f:Irst day following the previous general election for the office which the candidate seeks.". (Thus, the pertinent "election cycles" for the Democratic Party nomination for the House of Representatives begin in November, 1980 and November, 1982, respectively. ) In the Fall of 1981, the Committee accepted

-9- WVA\ ~)D)5 contributions for the .September, 1982 primary election and November 1982. general electi~n. In July, 1982, Mr. Schoen

Election, he received contributions for those purposes. That is

the sum and substance of the four specifications of the

complaint. What is more, an explanabion of those contributions denaonstrates that they, are far below the maximum that could have

been contributed: 03 ,, a) Selig Zises in 1981, contributed $1,000.00 toward C the 1982 primary, and in February, 1983, $1,000.00 toward the

"C Democratic caucus - a total of $2,000.00. He could have 0D contributed up to $4,000..00 ,(the 1982 1 -rimary and general

election and the 1983 caucus and speci 1 lcin "'' "

. (b) Jay and Susan Zises contributed $2,000.00. $1,000.0)0 in 1981 toward the 1982 primary and $1,000.00 in January 1983 for the Democratic caucus. They could have contributed $8,000.00. bQ

Democratic caucus. (d) Murray Cohen of Island Spun, Inc. and Murray Cohen of Roseman Colhn are two different people. Conclusion .:.

"We believe that the complaint is without .ihl~tance and was filetSonly for political" purposes. .Eti: .T We respectfully request that the Commiss j take no action. .y

Da ted:= Marc ,1983

Respectfully submitted,

Wolf Haldenstein Adler Freeman & Herz

AttOrneys for the Respondents 0 270 Madison Avenue New York, New York 10016 (212) 689-5300

OF COUNSEL: 0 Fred Taylor Isquith qr By executing this memorandum, the undersigned represent that the facts set forth therein are true to the best of their knowledge, information and belief. The Fr iendF.of oe"'n

By:______

Greater Queens Improvement Association, Inc.

By:

Douglas Schoen

-11- v)K) . . 4P 34

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Original ,,,..PS F ,.,. 3544 POST OFFICE RECEIPTFOR MONEY

U1 mlimmlmmm U.S. POSTAL. SiRVIC:E STATEMENT OF MAVJNG BUKRATES ~e

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FOR.ONE,~4;E FS FORM 3605. ______

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o ir anagraphics10 ,S 2gS~H ~ 4 NY 10001/{212) inc279.2370

March 24, 1983 Federal Election Comision

Re: The Friends of Douglas Schoen Greater Queens Improvement Association, Inc. and Douglas Schoen. To whom it may concern: I am an employee of Anagraphics, and graphic Inc. which does typesetting design for printing. I am submitting _ connection this letter in with a complaint made to The Federal *1 involving Election Commission literature on the issue of social _. The Greater Queens Improvement security produced for Association, Inc. ("Queens Improvement") in December, 1982. 0 Anagraphics has done ~for graphic work for the Queens Improvement the last three years. The social security piece was a continuation ~of our work for the Queens Irnprovenent, and w.as first "with e sonecire in.'ovember. discussed " 1982. It was part -of a series .-..~ailings w'hich ",e- 'ere doing for or-- O Queens Improvement in connection with certain speak-outs and meetings involving senior Citizens it 0 w.as conducting. The graphics for the literature were completed (' Christmas, 1982, and some time before sent the printing was done before New Year's to the mailer, Coupon Service Corp. and ' of in New Jersey. I am unaware any connection between the activities of Queens Improvement and atM.Scons ap ign piece was note that our work on the social started and completed before Congresman security a Special Election Rosenthal died and became envitable. At no time were doing for Queens was the work we Improvement discussed in connection campaign with any which Mr. Schoen mitght be vaging.

John Linahan Jr. Senior Art Director ...,'. .. .,, * ; ,t.:'.-' , .. .. .w,. :. . " . • . . , .

• .. " - . . . " . . .- ° .. :.. : . . .. ,.- .. . .,.s .. • : . . .,. . . .--...-,o.,, . -... , • .':.: - :. . .. - .. 1 . . -~j . . .. . : . . " ...... : ' . ... . • .. .. . '. ,

.:.INVOICE

anagraphics inc

TO !no-a.1es S&.o _n 0-e b:d~e Place JOB NO. 24 INVOICE NO. 1 "_7o CLIENT P.O. NO.______

':OUt"5 rz2icr - Social Secrity Alert"

$ :12..

$ 128.00 '> L.J! abl IC :" o v ent"' ' w 112 -uir mn rsbu re L~mOkl31r tlhan usuerdey ok.longe othan "Sualbstray Smbers ofdtno Qomeeans -wa the hsad n ch - V i. • ,. omits.. .- '. , ".,.: . Lflam ~ail Indheoet cim. Srk, tJaadia andportHill tfl0 th urd. Airpotr an • . .

. • • r Lewis. p •

the €ommutero'iup" Douglas. . ... aembers had come to ask that ;ration not make Its proposed ies to the city's deterior~ting * Scboen handed lewis peti. contained close to 7,800 signa. .lunteers bn c-ubway platforms .ng.during the past several itred receptive to the petitions. the commbu~ers' plight, told i ce.rned as you ar.-e, but. ., we I y from mess transit. ht is'a :e in pl.o hy of what ou~r _- " =: :,t. ._A- -.-. r, ......

-.-::,°s:. ca..-al*-'--b--":.. eTt =he pia"";s:,etropoHi:anp e. o c n,= . " -- . "-" ' - ':-'':L - " -,'"o " Q budge, to re- ''-e c,' t:e C.e.. s,..-,,,,yD,,,: ".... :s cf'V. e tra.:st stesm ;.er A tI, .-r ee.: I.,, 'ashrn::z.... ,etea"o"'cc" , as ag. cv'~~e" :-~ rmI'-- "~ ' lf'ot!,r a S: eLaese: ~he A:'e. L~ts a!!ir, Ken. "... . .,- - ;r:, e cu ", - .

r.Ls?.T i * C.-..-.-: ... . JLT ~ \~/ bJ_-~ > - Z~ha a Nod.

S eeLe; : &''u.men', - es-.es cgtfra=- e:pie. ".ch .he 2 O-minute ".-.t she h---,seen a raL.-bow syte.m--ess tn '0ears old and L~'r=~ E..atiO:.. - •t in the subway si11 underCnsrco-'. the adminisrtions plo.-:'-.Tba ofaderntr colo.--,, edeymasan Forest Hill. a, Ul -. &.e-... ~ . - ,yUi rtn -ed "'~ - f te .D.- . sTh .. :-a th C•ia Sot M pain wa. ofr v*1..e san fholore.... :_4 ? a"i" daed m.o. wT t sysem du"n th quet comforabl.2..# I Heage. -mce.n.ht 4 maayb th -utls..ec.r.m our t a~tn transptat e..d~.. tinte m..n..ride.ur foThe eacrpte . lightspaiof theen wi e tri care tbe etrs e..b o... g : "_" orsungff-spesysem " ' - m,- udeco.nomic • opt~ ii i ha rmn D _gaSco o enu* -,...... "Kenneth Jackson n . Laurie Schneider, .noise. Little garbagehours).N crowds tetote otheazconun, te as and Mrs. Shebes--whoh,,d come -f the- platform. lttingth Noga"-ire t Ltl•l "-o U.S Trnsorato Se.etar -8 . . - lforu entire. Notes regon, h save Di lew _ to.... It was enough u -- --.... the federaloperatg •usdeto JaCkSOD A"oL :,~ *che *"'... Ciy.C ailinl. h. no~e. * che had offered as mas.: ~s-taa system.. from the cuts po- l¢. an ii. pose b Presietega...... Ne ... ..- q.ietly thoghu th rieapeain:u iiim - . P - acksoneth arogot colhege .sopihomore in a t hatuaae dete - Using"-,**,,,r. thin, ie fr~omoern-o Jamaia'a , a ne...c=-JL coded.- -,"- '.. .. wEalceconomy an.nfmla tought as he gazed"" at the orageand.white*-- - -,tion oest get thogh the station s-u=-.--- - effrtsas well, Wat -he lew York entr ce, - "You coulds] fa" commutes deseddit" h eto _ asee on th t.- • zape, to put a new offie tunnel at the.airport Shbe sfad. eet rousetakson- th subway there is not rn. in Virginia for the tip to from his reverie.. southeast washington, w'here the mee~ang ...... " Lewis was scheduled. with "O)h, no," he sa.id, a te doosop:enidan t~ha' ""- . almost "ahut.. the cit's subway gs- Mrs. Shebes' brief noiselessly before the train pulled out of the ,rst and illusion notwthgafding, the station in Crystal most deteriorated in four veteran-Queens commuters City, Vs.. "I wouldn't want to. discovered that the sleep through this".... the answer lay wore in re- " -- Caryn Wiener" ,intaining.- Prom a federal . • . ... ."-" - moe snsebe" 1u1lingmad : 4 . in-you. yst., .- s la bo oneg-.-- y,. :a., don' rr.d . r:,: t. of effort to "ey roc -.- : Inc Atlantic from •'ua In the West lncdes In 84 days. A, •economize on his efforts as he won !on pW± 'sc ttI..... "arhali,Mich. The plastic-covored" "agedl 702.8 miles per gallon. And "masstasit fud "etirg the sun do most of his work. -version of sunlight into .loctrlcfty. :

*. By ROBERT GEARTY AND HARRISON RAINlIE ' " .-

defended the Reagan administrtion's plan to phase out mass transit operating/. :. 'subsidies before an unhappy audience of Queens subway riders, angered by, the...--:a. prospect that the President's program would hike fares 1 .,enta,. *.-" . .• -Lews told lesder et the Queen8 . .. •.....- Subway Rider Allnce who cam to. : u '* rts- the meeting with petitions from nearly Budget cut"""test oo,t, than= hnthe didn't have a rayer " wanted the liie federal aid to wiass -.i *trasmt- to go,l toward atal iaprove-o. . in,"-e "' i 7 ope rations.'':-" .- - :_rreLn- Island residents. =I want to see money go into up arrested yesterday with four" traded track, upgraded subway, cars,' others at the White House for :,' Lewis btod the group in a half-hour staging a prayer protest against session at the office of Rep. John Reagan budg:et cuts, the Secret LeBoutillier (fl-N.Y.). "Let our ro!e tbe Service said. capital (subsidies), not operating (sub. ovr" which-Rssau.~i we have no control A'cpokesman ~for Prayerwrsidies), and away from a public W'bite House DESPITE THlE STflONG lp, s.h by tour to protes" the Re. .n administration t.o get rid of on the front lawn the operating sub.sidies by • nd refused requesfts by White 1.c '-2,ere h~ouse pc, lice to are sorre ...... i: bzo:h thec leave. Those" ::-: a.rcstcd: it, luded tlhe Rev. Wil- lirm Lso"i, 1434 St--: ght Pa'h. dc.nt WII P rot:ntplnclso:te get his way.Th Vy rdz:rch; .-hy IBoyish. 22 Peterb~ro::had!yJne1lrhCHgh Road, !c.,'hport. oU. phaseout of subsidies to t~cgj!ir n 2923, lan~d Ave., No,",thport, the Secret iudfndnSen. AlfonsenhekySneruddueouhspotorcnbut D'Amato (R-N.Y.) IService said.I

-. *.. , C".-... o " f inc Committee to force . Reagan supper- warded today to the House Budget ./ -mm ....,e --... ." ";. tern to abandon their effort this year to Co mmittee. • . . ..- • " commit Congress to the plan; ._ . - ''.. ; -.Dsoug Sc.oen, a Forest. Hills re.:. Ja'.B6hfl! ,€ sent' andC chalrman: of. h"trnt "ced-to" cal" fof,- .' as. u "- oldared' wiath Lei th at "the"eIaf .... en dtt "1J' •were cut ana saa wnmI' ifte oktateseagaelt'ad Metropolitan Yrnstation.Autthor.; - 30 million. It~alsd0wou~d wleot ' tty get $122 million annually as he drtves car in the prone Poition. in such "host of categorical l~eath p giia~, aid, and losing It all would require a Reagan wanted, bylumnpng.te n& 15-cent -fare boost or major service block grants for the sttes to dole ot= cutbacks, be said. ,.... ."".,"a*" hy .. ; .;: , ..- ._ ...... _-. ' . - . . ".LB iBO"ILLER KEPT'a low pro.- ";'"wE"DXID NOT.- , RAVE the voiteito file during the session, and said later defeat the Republic'an plan,",coneileda: that he still supports the Reagan plan ranking committee/ mem bes1 1Rp ?. ,to wipe out the transit aid. Richard 0ttinger (D.N.Y.).: "It gutted- In'-other budget developmnts , the hat n nrwporn n tdd " "House Energy and Comr CoJ*t more to them than the President dd.' . . tee failed t reach firm agreement on . It is not clear _ t what the budget panel :--- . the $5.3 blllion in budget cuts it is in the House will do. but If It accepts"-' . required to make to comply with the the GOP version of the health and" - ' budget resolution. Thus, two separate energy cuts "itwill be devastating to .'"." recommendations, one by Democrats New York,' chiarged state lobbyist ..... ;unny side up during takeoff near Paris. and one by Republicans, will be for. Brad Johnson. - " " U Jeis t~ ayslde Hills will hold P, Ave.,paid-up Baysia teasp.m. tomorrow at 212h &. : .r - .' ". JLt ISH SKIT- -agtro lnrb h

SA straphang. rs, assoclatlonfnr Queens has " --Red oss.. il d~,aemonstrat, propoe a.four.pola subway methods to aid choking that shnould: safety program .- appeal.'to -riders from every ssociation of etredFe-onat_- a business borougnIn ,tect, . at: ,..m,.,umow meetin .+-... - at P"arish -ouse, ?arsons Blvd. WJhat .the Queens Subway • wants is-the "ider Allanc ariaJ~tun lca...ve./,Jamaica.--.." . : .. .,.-,. creaio of a n A llak anelt TK ponice force for LERy DAN'LL IIOIIEOWN~EI, TX " vated..call_ platform.,trl,-- --+-c'-+ Queens Home LAWS, ;. .. boxes In stations, more Civic Association of Jackson Heights clos gI. culr. setlez s In om ta la s aste. q- •~problems and a'vohl,. . !evelopment, cre afect homeowners at a Lion, health care ested, from .. . - *for those Inter "-" --:o , - O~to~ .-. •. w at ih tras i0 Hartrna pl.. -- . ma's Center, Queens Chlapter * . 72 of the Catholic .War Veterans ' will; • hold. its month.ly... zzeeinat'---" th.:e 8:30. pm. tomorrow. .° at post headquiarters, 37-48 61st St.' Woodside_--. 4, puppet sho'w

e - Bo5" Who Swa I1owedte ~ w- t.e-4mg. al ..ew..- -_ .tjar.' - 'ocopup m.-.bership,H.ADASS.AI! educat.ion, WORKSHOPS fund raising, Wor'hops in s, pct: t-eupe youth publiclty and Sc.es at 11 an n. activities will I held by the Queens a-nd 1:3O Hadassah from Region of :el Fi]d YW.YV' 'A, .&2 9:30 am. to 2:30 p~m. tom -row Hillcrest at the .. e . Jewish Center, 183-02 -- - Union Tur"npike, : -- Jamaica..' - - TRI.RbANCH . .- ;ECP'II:- The .Ncrt '.O:.+,e S€outh Shore She, DiaL-etes C:=b at and Eastern Long Island Branches Wonmer's League 7 of for Ccnserv'aUi'e . uda~sn will! old J a regF-tr :2of meet:. , at 9:45 c. ~.... a - : ...... of Ya + Thre Jewish D'-'e-sion"+ :e....,, "Wife, :,o2 er, !e- wil be discussed by, +,..-.Z.o a."e s-.le, sepa- a

-- .:.: ;.-.chia:nBl: .vd., i.enscSeonL~r(~ili)wl Fcrest:o: ps tCOU.NCIL.MA.' ris SPEECH - City"- Council.,,,an never'wo thi-ds far offrom the theyear. It is a threat that is be"te g"s- s nminds of riders and at a meeting of the Qu'eens Col]ony e~e ert-inly rates as high, if not higher, *at Civic Associat.ion list of comnplaints in their -'"-1; g-Y:T:,CA,at 13&8.. Church8:30 pan. about the subway as-the on t Co,".monweror'row at the',h Blvd. a-'d or aults aernd hogh chol Holy Trinity87th Lutheran ve.., Th e COst of carrying 'e-e:s. - " - - " breakdowns out the re'commenda. " -" ti_°.l5shoUld.in ser, ice..- modest. That's a relative term, ,..aa-,a - ~ -.-. heFung . . cpert Chapnl -- trrConce e,.:a,__., .p..8 a .io-dgepeil r metnkmr meeting signals. But an Iiwestmeint sw.s rowI he quiar:- Recreation- In Im effective Center. 24.0 Par: . A ---A,ar ; R.oo--m, 156 apU-.criz program .- . ng -.-- .. -.. :.. might well paY for ltselL B0bmU0I0AbIT ET C x Crams-and the fear of It-probably DISEA SE.-.. A pro. Board ~i driven thousands has -- 5 will discuss a report by the-Port Authority of New yorkers from riding mnie obstructive puirnon..New-York of the" .subways. A great by the and, New Jersey on Kend many of them-, we- Queensboro Lung transportation A.irp-PO. -believe, could be ~p-.f tomorrow aternatves'at a 7:30 pm. meeting lured back If they felt at X 9-9 .tomorrow at .the Mtsgr. -confident the"subwvays were Shermx" Council of the TA safe'rbotn .:_..,_:,...: ... K--. revenues substantiafly.."_ - .; .. , " : ht'O oumbus, "79 4yrtle . g -, - . . - - K . .-_o Ave., Glendale." ti. f . C-,- , , . ' - "I'san idea that at leastmeres"a . 137 • -_t bi~ ,-l..i...r .. • -, "e-*sto... -. pfo y urr O " . C o b..- N"LJ. E , .. mnswerea only in this cor. -rt Ac~onUn.,IbS l $l, Ne Yrk, N.1O.| IF -- '.: - ....- TO O"tic ., Allanson jm m% continued: .. - ~-. 'What illid It Imjpossfble " - suspensilon she does to get~ " tha't is dated Aug. 11, 1979, for a hav'esumuzoms is to m answerable ---* andI dspertely- at the Queens Criminal Court, "Part, In Traffic - am work I am a nurse New Gardens. We have no Jurisdictio~n _ • over 'iU .. c. -: '-u-t r. • b+ -..',j., I.ll v , 1 , / k ...... - _;; . ._# •-. .. .. ,-. ,. -._

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A."." ; ""."' " " "-' ."... ".. .t: :" ' '-- .' -I ._ 2:.-: " - " . - -".. . . " " ," -- I I I . - I I III m I emmmmmmm per:U and don't a yeaNr and a S .. An Somnec ason.Safety ,'y people wee got trmpled. Rier Alince, announcd lag week a four point pro- .. f that arowd." gram to Improve subway safety. The program urges the .". mhe didn't even Transit Authorit" to 1mplem~nt new esumres that would . n he chest, and Ild burn up from Police to patrol .subway platform.- permiting existing : .. "'-. .. 4 : - e rs teTrntAuthorityto mmeil|. - 7: ., . . !f ; into the Times TransPit oe i nstall voiceifi activated€ call boxesn ~adncnrp on all subway pafrsota ay. ... " .... . o surveys to sup- rnd catastrop~he. disturbance to the TAmasson as it occurs . -- ~ -m - far the exanded use of closed cir- Point thre calls Il., * ' cultut.;1V at uehightime ston to mauprovide ao'.TAPolice with 1 """ -Pon four ,,ges,a commutesojoin ina Citizen _.t

dangeou condiion on bot the pltfrm and trains "Subway culme is )ust one dimension of the whole subwa~ysafety Iwze." Scitoe said. "in the surveys the Sub- way Alliance conducted duaring the summer we found subway safety to be the most important Issue facing corn A 7 train passes 5hea on its way to Manhattan. •..= , 4 mnuters.". In an earlier project the A!;,,nce addressed the issue o.f (Trbune photo'Larr Schwartz)" improving safety from fires on the E and F trains. "We are, - told," said Scxhoen, "'tha"the TA ispresently installing the dctc:r, t po:¢n'ta! cr:,.'!as at a subw.a s'ation in the emergency switches required to open the car doors on Rockawavs. And fira'y, an effective Citizen Monitoring the E and F trains during fires. Recent reports il the press- ffo.-, could hc~p the TA Police know, w.here their effortU confirm that our ener~es are now b~eing focused in 'he sbz, ,u'd e &ecied,". "" rihdrcio.V.ihvio~ertt ctAme in {he sub evs up 24 -T-, S.'.-.e R,!,:s A.a ce is dis~iuting flyer, percent in the first eight mojihs of*the year it seems to me szri:.n.: :i~e '.Our .... t s~bway c .rie progroam at sub that a pm.c--am to combat subwa% cr,..-e is cruci to "hc v. -z. s.. "-.o~c":= Quens. The f yer asks subway s fcty, of a ' comrtre1rs." ":: - t---s,:t?.c ;na.r to dctac ,and return the -. 4-. • : r Schoern ex;',ined, "The s.b.'ays are a coscd sv~ -: : C -.€ .: :. :' Schc.er., who wil! then &ss -f Victims of subway crimes are often kft with no. h,,rc "o : .:. al=: :rc .MTA. TA and ether interested parte. 2 tur for assisance. The program I prcpose . craere a On No',cmbc :0 at E,P.M. at Out Lady Queen of M'.rvrs C 'urch tn Fcres: .H.,s. the Alliance is sponsoring C,-. ' ': . mote uniformed presence throughout the stem." With an Auxilia~ry Transit Police Force pa~ohnmg the a foru. n crin'r and -s!ct mnthecornmutnit and on the sub'w.'y plafoms the TA Police willrhave additional man- s.'='..'ays ~Eprese.c:.''s from the Transit Authoriy pow that could function as the eyes and ears" of the Pc. :e, t.e V ,2:n?re:irzt in Fcest Hills, and the Queens regular police," Schoen said. Voice activated call bomes D;.s c Atomey's O.f.:e u.:2 be pa."ticipating in the forum. will provide commuters with "a quick way to report any "Wuhk the recent s snc; on subway crime, and the corn- _kind .of disturbance, thus helping .to, sfea jpeople's munity's overal fear of cnme," said Schoen.we'expect a . ferden tid&doe.. uW aaucsfI. ve.y lag .turn.-ut ... at the u..• -',,. a. ,. -." .

LT.S, WEA,.R,"" ' ';NERSPOT ": ": .... ~~~~'--; !-'- :: g- :::i - - Ab~ovenWho = :"; rbzrqSewe/,.Maers '.

• ,. "J " . . a q, °.

12-s :-'." 2.4u .. ."rs 0. A - -'

•, . .. .;

ij'."\b >, uees~E.SchenCharma o~a ubwayi!+ oo~,,,.o,,,.,,, , -+ idersJ 20 Cntinental Avenue iliance Forest Hills, New York 11375 212/544-6955 ,i

SOME INFORMATION YOU SHOULD KNOW ABOUT REDUCED PARE CARDS FOR SUBWAY !i.+++-> AND BUS SERVICE :

HANDICAPPED AND DISABLED ELIGIBIhITY :~ -A pe:~Son is eligible if he or she-temporarily (3 months to a +: year) or permanently experiences I or more of the following +i.+ impairments:: : 1. Blindness i 2. Deafness : 3. Manual Disability j. Ambulatory Disability 5. Mental Retardation 6. Brain Damage -- *For further information regarding eligibility call 43-5265, +? Half Fare Program for the Handicapped

o WHERE TO APPLY -. equests for applications can be made in person, by mall :. U or by phoning 43-5265 :+:: c- Ccme down or send request to: New orkCiy's Department of Transportation Half Fare Program for the Handicapped o 280 Broadway, Room 704 . New York, N.Y. 10007 o RE0UIRE ,NTS FOR LPPLYING ~-Complete application Parba~s IV AND V must be completed and signed by a doctor, o " social worker, rehabilitation counselor or other professilonal,: at agency or clinic where you receive services -With. application send 2 recent front-face photographs of yourself (1 " x 2") and make sure to sign the back of photos HOW THE SYSTEM WORKS un -HOURS: 9:01 AM - 6: 59 AM MONDAY-FRIDAY All day on weekends and legal holidays *The half fare is not extended during the hours of 7-9gA -SUBWAYS: Show alf Pare Pass to token collector Pay 6O¢ and receive a token and a return trip ticket Before handing in return trip ticket show pass and then go through exit gate *Return trip ticket cannot be used-*at station of ori.gi .-BUSES: Show Half Fare Pass and deposit 30€ in fare box "If you want an ADD-A-RIDE only pay an additional 10€ ueensj DOs sE. Schoen, Chairman SubwayAR Y~EJ

ders 20 Continental Avenue

Iliance Forest HitNew Yok11375 2121544-6955

THE QUEENS SUBWAY RIDERS' ALLIANCE RECENTLY COMPLETED A SCIENTIFICALLY SELECTED SAMPLE OF 454 PEOPLE WHO RIDE THE TRAINS IN QUEENS EVERYDAY. WE FOUND THAT 81% BELIEVE SERV ICE HAS GOTTEN WORSE SINCE THE FARE WENT UP AND 88% BELIEVE THERE IS A REAL CRISIS ON THE CITY'S SUBWAYS.

ALSO, WE FOUND THAT 91% FEEL THAT THE TRAINS ARE COMPLETELY JAMMED MOST OF THE TIME THEY RIDE. FORTY THREE PERCENT SAY THAT THEY HAVE GOTTEN ILL AFTER RIDING THE TRAINS AND EVEN 8% SAY THEY HAVE BEEN MUGGED, ATTACKED, OR ACCOSTED ON THE SUIWAY I QUEENS. FINALLY, 83% SAY THAT CITIZEN PROTEST IS NECESSARY TO GET THE MTA TO IMPROVE SERVICE. CLEARLY THE SURVEY CONFIRMS THAT THERE ARE VERY SERIOUS PROBLEM1S ON THE SUBWAY IN QUEENS.

: THE QUEENS SUBWAY RIDERS' ALLIANCE IS AN AD HOC GROUP OF ORDINARY QUEENS CITIZENS W,-HO RIDE THE SUBWAYS EVERDAY AND WH.O AR.E FED UP WITH COND)ITIONS ON TbHE TRAINS. VOLUN;TEERS W'HO WORKED ON THE SURVEY INCLUDE CHERYL FETIK, PAT REILLY, DOUGLAS SCHOEN, AND BOB ND E RY,AN. , . AS A GRA.SS ROOTS CITIZENS CROUP, TE.E ALLIA.NCE WILL - T-AING PERIODIC SURVEYS OF RIDER OPINION AS A vAN O TRIN-T LET ThE MTA DO0' WHAtT RIDERS THINK OF SERVICE ON QU-ENS TRAINS. IT WILL *L50 SEEK TO EXPOSE .XTA BOA.RD , :BERS TO THE CO:NDI-TIONS WE BRAVE EVERY HOESINC; ANJD EVENING ON THE SUBWAY.

WE ARE EAGER TO HAVE ALL INTERESTED CiTIZENS JOIN ]r} oU-£ EFFORT TO 1L:PROVE CONDITIONS ON MASS TRANSIT. W'ON'T YOU SEN'D ~ISYOURP. NA:-' AND JOIN OUrR EFFORTS TO IMPROVE TH.E SUBWAYS BY RETURNING THE ATTACHED POSTAGE PAID POSTCARD OR BY RETURNING THE COUPON BELOW?

I'LEASE KEEP ME INFORMED OF ALL ACTIVITIES OF ThE QUEENS SUBWAYS RIDERS' ALLIANCE

YOUR NAME______RETURN TO: DOUGLAS SCHOEN, CHAIRMAN QUEENS SUBWAYS RIDERS ALLIANCE 20 CONTINENTAL AVENUE YOUR ADDRESS______FOREST HILLS,, N.Y. 11375

YOUR PHONE NUMBER______

~w _~Irs . 20 Co.t...,a Ave..o Forest HilNew York 11375 212/544-955

SCHOEN AND ORLW JOIN TO WORK TO IMPROVE SAFETY FROI FIRES ON E AND F TRAI:NS

IN THE LAST YEAR THERE HAVE BEEN AT LEAST SIX FIRES ON THE E AND F

TRAINS WHICH HAVE CAUSED COMMUTERS TO PANIC BECAUSE THE DOORS AT THE END OF

EACH CAR ARE ROUTINELY KEPT LOCKED. DURING THESE FIRES, WHICH IN THE LAST

MONT/HS HAVE OCCURRED AT LEXINGTON AND 53RD STREET AND QUEENS PLAZA, PASSENCERS

' B-'A:E BEEN UN;ABLE TO GET OUT OF SMOKY SUBWAY CARS BECAUSE THERE IS NO EMERGENCY

... SWITCH TO ALLO. THE DOORS TO BE OPENED UNDER SUCH ClRCUMSTA.NCES. SERIOUS INJURY

WAS ONLY AVERTED BECAUSE PASSENGERS S.MASHED WIND S ALLOWING AIR TO GET IN THE CARS.

DOUGlAS SCHOE:N, THE CHA'-IRMA.N OF THE QLUENS SUBWAY RIDERS ALLIANCE,

NA: JOiNE.D QUEENS CITY COUNCIUI.N STEVEN ORL , IN A CA.IAIGN TO PERSUADE

THE TRAN.'SiT AUTHORITY TO INSTALL SUCH AN EMERGE.NCY SWITCH ON ALL CARS ON THE

C E AND F T. iNS. THE TRAN;SiT AUTHORITY HAS TOLD MR. ORLOW THAT THE EMERGENCY

' SWITCH WILL BE iNSTALLED "SOON." BUT BOTH MR. SCHOEN AND MR. ORLOW BELIEVE

t THAT THiS IS NOT GOOD ENOUGH. THE TRANSIT AUTHORITY SEEMS TO MOVE AT A SNAIL'S

PACE AND WE CANNOT ALLOW CCOMMUTERS TO DIE OR BE SERIOUSLY INJURIED WHILE WATING

FOR THE INSTALLATION OF THIS SWITCH. PLEASE RETURN THE ATTACHED COUPON TO US

SO THAT WE CAN PASS YOUR CONCERN ALONG ABOUT THIS ISSUE TO THE TRANSIT AUTHORiTY.

HR. SCHOEN AND MR. ORLOJ: I SUPPORT YOUR EFFORTS TO GET THE TRANSIT AUTHORITY TO INSTALL EMERGENCY SWITCHES ON ALL E AND F TRAIN DOORS IMMEDIATELY. [ ] PLEASE ENROLL ME IN THE QUEENS SUBWAY RIDERS ALLIANCE

NAME______PHONE NL!4BER______

• .. ,s S CO!.1NITY AND ZIP CODE______FEDERAL ELECTION COMMISSION

WASHINGTON. D.C. 20463

Thomas 7. Schwar z, Esquire Skadden, Arpi, Slate, IMeagher and Flom 919 Third Avenue , New York, New York 10022

Re: MUR 1531 Douglas Schoen Friends of Douglas Schoen Queens Greater Improvement ~Association, Inc. Dear Mr. Schwarz: 03 The Federal Election Commission has reviewed the allegations S of your complaint dated February 25, 1983, and determined that on the basis of the information provided in your complaint, and 0" information provided by the Respondents, it would take no action y) on the issue whether the Queens Greater Improvement Association, the Friends of Douglas Schoen, or Douglas Schoen violated o) 2 U.S.C. S 441b(a). The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen F violated 2 U.S.C. S 441a(f). ~Accordingly, the Commission has decided to close the file in ? this matter. The Federal Election Campaign Act allows a complainant to seek judicial review of the Commission's dismissal of this section. See 2 U.S.C. S 437g(a) (8). Should additional information come to your attention which you believe establishes a violation of the Act, you may file a complaint pursuant to the requirements set forth in 2 U.S.C. S 437g(a) (1) and 11 C.F.R. S 111.4. Sincerely, Charles N. Steele General Counsel

By: Kenneth A. Gross Associate General Counsel V

WASHINGTON, D.C. 20463 ~FEDERAL ELECTION COMMISSION

Dear Mr. Isguith: On March 3, 1983, the Commission notified you of a complaint alleging that your clients had violated certain sections of the 0'Federal Election Campaign Act of 1971, as amended. The Commission, on , 1983, determined that on the oD basis of the information in the complaint and information provided by you, that it would take no action on the issue whether the r Queens Greater Improvement Association, Inc. violated 2 U.S.C. S 441b(a) by making corporate contributions to the Friends of oD Douglas Schoen or whether the Douglas Schoen and Friends of O Douglas Schoen violated that section by accepting corporate contributions from the Queens Greater Improvement Association, Inc. The Commission also determined there was no reason to believe the Friends of Douglas Schoen or Douglas Schoen violated 2 U.S.C. S 441a(f) by knowing accepting contributions from persons in excess of the lmitations. Accordingly, the Commission closed its file in this matter. This matter will become a part of the public record within 30 days.

Sincerely, Charles N. Steele General Counsel

By: Kenneth A. Gross Associate General Counsel FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463

MEMORANDUM TO: CHARLES STEELE - MARORI RANSOM ( FROM: W.E30ONS/JODY C. DATE: NIAY 3, 1983 SUEJECT: MUR 1531 - Y'irst General Counsel' s Report dated Dril 29, 1Q 3

The above-named document was circulated to the Lfl Counission on a 24 hour no-objection basis at 11:00, '4ay 2, 1983. There were no objections to the First General Counsel's Report at the ti!e of the deadline.

0 FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463

MEMORANDUM TO: Office of the Commission Secretary FROM:= Office of General Counse$ -- DATE:

SUBJECT: MUR 1531 - First GC Report 3-v The attached is submitted as an Agenda document 0 for the Commission Meeting of Open Session Closed Session

CIRCULATIONS DISTRIBUTION 48 Hour Tally Vote [ ] Compliance C Sensitive [ J Non-Sensitive Audit Matters 24 Hour No Objection [J) Litigation [] Sensitive Non-Sensitive Closed MUR Letters [1 Information Status Sheets [] Sensitive [1 Non-Sensitive Advisory Opinions [] [] Other (see distribution Other below) [] SENSITIVE *

1325 K Street, N.W. " . .... Washington, D.C. 20463 ; FIRST GENERAL COUNSEL'S RPJPR29 P 5: 03

DATE AND TIME OF TRANSMITTAL ]/ MUR # 1531 BY OGC TO' THE COMMISSION . 4L4L JL. DATE COMPAINT RECEIVED -,IBY OGC 3//8 DATE oF NOTIFICATION TO RESPONENTj STAFF MEMBER Mla

COMPLAINANT' S NAME: Jedd Moskowi ta RESPONDENTS' NAMES: The Friends of Douglas Schoen Queens Greater Improvement Association, Inc. Douglas Schoen RELEVANT STATUTE: 2 U.S.C. SS 441a(a), 441b(a) and 441a(f) INTERNAL REPORTS CHECKED: All 1981-1983 through March 22, 1983 FEDERAL AGENCIES CHECKED: None

Summary of Allegations The Office of the General Counsel received a complaint on C March 1, 1983, which alleged that the Queens Greater Improvement Association, Inc., (the Association) made corporate contributions

to the Friends of Douglas Schoen, (the campaign), 2 U.S.C. S 441b(a). In addition, the complaint set forth allegations that the campaign received excessive contributions from certain individuals during the 1983 special election held to fill the vacancy created by Congressman Rosenthal's death. The complainant, by letter dated March 10, 1983, expressed the desire to withdraw his complaint. This Office notified the complainant, by letter dated March 29, 1983, that his request U

- 2- would not prevent the Comission from taking appropriate action under the statute. The respondent requested an extension of time in which to respond to the complaint after learning that the withdrawal of a complaint does not preclude the Comission from investigating a charge. The request was granted by this Office on March 24, 1983. On March 29, 1983, we received a response which has been analyzed by this office. A General Counsel's Report should be circulated to the Commission within one week.

K7 q Charles N. Steele Da t General Counsel

Kenneth A. Gross / Associate General Counsel Y

WOLF HALDENSTE;IN ADLER. FRE:EMIAN & HlElZ 370 MADISON AVEZNUEC ''

NEW YORK. N.Y. I0016 THEODORE W. ADLER 21-660-530o JOHN L FREEMAN EDAOR EKEIA R JOHN W HE[Rz *W O".P[ AN . EOGAR J NATHAN 3Ro LEO ROSEN CHARLIES H EALLER DONALO M. J ANDIS DAVID r A RUTTENBEI[RO O~ COJN IEL PErTER L. KLAUSNErR DANIEL. W. KRASNIER CBEA~ FrRED T. ISCUITH ALIADqlS ROBJERT L DAVIDSON WOHA, 3CN

JEFRE;Y G. SMITH Tl~liI BARBARA SLOCK( BROWN 411151 ADE[LINE P. MALONE wILLIAM A. LoE. Marcjh 29. 198 TE[LICOPIER RICHARD H. QRA 111666014 MARI( N ROTTENBERG

"AOM?'rDC: N AV&LA 150 RqOYALPALM WAY PALM BE ACH. V'LORiOA 33460O Federal Election Commission 1325 K Street, N.W. Washington, D.C. Attention: Stephen Nl~ts Re: The Friends of Douglas Schoen "" Committe - NUR 1531 OGentlemen:

' We represent The Friends of Douglas Schomn Committee ~(the "Committee'), The Greater Queens Improvement Association, Inc. ('Queens Improvement') and Douglas Schoen, respondents vith " . respect to the above referenced complaint. ( On behalf of the respondents, we respectfully submit . for your consideration an answer to the complaint and a memorandum demonstrating why the complaint is without merit. In addition, the respondents respectfully submit the :' following exhibits. "C 1. Bulk mail permits beginning in May, 1981 for mailings in connection with the activities of Queens Improvement. 2. Copies of several pieces of literature produced by Queens Improvement. 3. Several articles concerning Queens Improvement and the work of the Subway Alliance which appeared in newspapers. 4. A letter from Anagraphics which did the work in November and December, 1982 on the piece of literature which is the subject of the complaint as well as Anagraphics' invoice dated 12/29/82. If you have any questions or I could be of any further assistance please do not hesitate to call me. Very truly yours,

__ Fred Taylor Isquith Federal Election Commission JEDD IOSKOWITZ, : ANSWER TO COMPLAINT Petitioner, : MUR 1531 -against- THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents.

Respondents, by their attorneys, answer the complaint -- herein as follows: " 1. Deny knowledge or information sufficient to form a 0 belief as to the truth of the allegations contained in paragraph 1 of the complaint and allege that the complaint is without merit and was motivated by political considerations and to divert the o attention of the Federal Election Commission ("FEC") from the ~prior complaint submitted with respect to the campaign of Gary CAckerman for whom the petitioner served as a staff member while Mr. Ackerman was a State Senator, worked for him on the campaign at the time the complaint was filed and continues to work for Mr. Ackerman now that Mr. Ackerman is a member of the U.S. House of Representatives. 2. Deny the substantive allegations of paragraph 2 of the complaint including that there is any basis for the complaint, that The Friends of Douglas Schoen Committee (the 'Committee") has ever accepted illegal corporate contributions or that it accepted excessive contributions. 0

3. Admits the allegations contained in paragraph 3 of the complaint except allege that on September 20, 1981 the Committtee filed its statement of organization (which was misdated October 19, 1981). 4. The allegations contained in paragraph 4 of the complaint are denied as written. Respondents respectfully refer to the Charter of The Greater Queens Improvement Association, Inc., ("Queens Improvement") as describing the purposes of Queens Improvement, which at all times Queens Improvement followed,its address and incorporators. 5. Deny the allegations contained in paragraphs 5 and

C3 6 of the complaint, except admit that Congressman Rosenthal died on January 4, 1983 and that on November 9, 1982, as part of its continued activities and as one of several bulk mail permits it %i) had obtained since its organization, Queens Improvement obtained 0 a bulk mail permit for purposes of a mailing literature and notices of meeting including, inter alia, literature concerning social security and its impact on senior citizens in Queens. 6. Deny the allegations contained in paragraph 7 of the complaint, and specifically state that no labels or "computer lists" were obtained by the campaign from Queens Improvement or were paid for by Queens Improvement and further admit that after Congressman Rosenthal's death Mr. Schoen commenced his candidacy to fill the vacancy and specifically allege that the Schoen Committee paid the costs for all mailings in connection with the campaign of Mr. Schoen to seek federal office and that all disbursements are listed on the reports of the Committee.

-2- 9 w.

7. Deny the allegations contained in paragraphs 8 and . 9 of the complaint except admit that Helen Bergholz is related to Pennie Bergholz and lives at the same address. 8. Deny the allegations contained in paragraph 10 of the complaint, except admit that in 1981 the Committee accepted contributions for a contemplated primary election campaign in 1982 and, thereafter, in July 1982, after the congressional district lines were modified in light of the 1980 census figures Mr. Schoen determined not to seek election in 1982. After January 4, 1982, following Congressman Rosenthal death, nearly four months after the 1982 primary, Mr. Schoen decided to seek the Democratic Party nomination for the vacant seat which was tn handed to Mr. Ackerman by the Queens Democratic Organization at a "caucus" held on January 26, 1983. Ob WHEREFORE, Respondents respectfully request that the complaint be dismissed as without merit. 03 Dated: March 9, 1983

Wolf Haldenstein Adler Freeman & Herz

270 Madison Avenue New York, New York 10016 (212) 689-5300 The Friends of Douglas Babon Commit tee i

By:___ 270 Madison Avenue New York, New York 10016 (212) 689-5300 Greater Queens Improvement Association, Inc.

20 Cont~dntal Av me ....

o 20 Conti iental Avenue CD Queens, New York ~(212) 544-6955

-4- ()

FEDERAL ELECTION COMMISSION ------x

JEDD MOSKOWITZ, MUR 1531 Petitioner, -against- THE FRIE DS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents.

------x

MEMORANDUM OF RESPONDENTS REGARDING THE COMPLAINT OF JEDD MOSKOITZ

WOLF HALDENSTEIN ADLER FREEMAN & HERZ 270 MADISON AVENUE NEW YORK, N.Y. 10016 Federal Election Commission ------x JEDD MOSKOWITZ, , Petitioner, : HEUR 1531 -against- THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, Respondents. ------x MEMORANDUM OF RESPONDENTS REGARDING THE COMPLAINT OF JEDD MOSKOWITZ Procedural Status of Matter On January 21, 1983, Governor Cuomo proclaimed a Special Election to be held on March 1, 1983, to fill a vacancy for the United States House of Representatives for the 7th Congressional District, Queens, New York, caused by the death of Congressman Benjamin Rosenthal. After the pre-election federal election law reports were filed, on February 21, 1983, Douglas Schoen, an independent candidate, filed a complaint with the Federal Election Commission (the "FEC") concerning the financing of the campaign of Gary Ackerman, the nominee of the Democratic Party. In response to Mr. Schoen's complaint, a member of Mr. Ackerman's staff, Jedd Moskowitz, signed a complaint against the Schoen campaign. Mr. Moskowitz is currently employed as a congressional staff member. Essentially, the complaint charges that literature of a separate civic organization, which

literature was conceived and completed prior to Congressman Rosenthal's death, should be attributed to campaign activities of Mr. Schoen occuring after Congressman's Rosenthal's death and

that contributions made over a year before his death should be considered for a campaign made possible only by the vacancy caused by his demise. Mr. Ackerman prevailed in the Special Election. After the campaign it was proposed by the Ackerman campaign that Mr. Ackerman would withdraw his complaint against the Schoen campaign if Mr. Schoen would withdraw his complaint regarding the Ackerman campaign. Mr. Schoen agreed to this proposal and, on March 10, 1983, by letter of Mr. Ackerman's

0 attorneys, the complaints were withdrawn. On March 14, 1983, in a telephone conversation with an FEC staff member, counsel for respondents were advised that the withdrawal of the complaints did not necessarily terminate the investigatory power of the FEC and that the staff might recommend C action regarding the respective campaigns. Respondents thereupon requested and received an adjournment to respond to the complaint until March 31, 1983. This memorandum along with the accompanying exhibits is respectfully submitted by Respondents in accordance with 11 C.F.R. Sl11.6 to set forth their position with respect to the complaint and demonstrate that it is without merit. We request that the complaint be dismissed and that the staff recommend that no action be taken with regard to the complaint.

-2- Background Facts In June, 1979, Mt. Schoen completed his formal education by graduating from Harvard Law School and returned to New York City to open a public opinion polling business. He established his residence in Forest Hills, Queens. In November, 1980, he helped found the Queens Subway Alliance. By June, 1981, the Alliance had 7500 members. In order to obtain protection for the Alliance's activities and conduct other civic projects, the Greater Queens Improvement Association, Inc. ("Queens Improvement") was formed in December, 1980. o From its inception, and as a continuation of the activities of the Alliance, Queens Improvement has been involved C in civic activities of concern to Queens residents, and ~particularly senior citizens, such as subway improvement, crime 0 protection and social security. Its efforts have received favorable comment in the local press and City wide including the . newspaper of which Mr. Ackerman's owns a majority interest. A ~few of these articles are submitted with this memorandum. During 1981, Greater Queens sponsored three forums on subway safety and crime. Two of these forums featured Richard Ravitch, chairman of the MTA, and Donald Manes, the Queens Borough President and head of the Queens Democratic Party organization. The third forum involved three representatives of the MTA, the Transit Police and the regular New York City Police Department.

-3- In addition, in order to publicize these forums, and ..

advise the public of its views, beginning in Spring 1981, Queens Improvement began to make extensive mailings and literature distributions. Copies of the bulk rate permits and checks for postage have been submitted with this memorandum. Queens Improvement devoted a great deal of attention to the concerns of senior citizens and throughout 1981 and 1982 concentrated on the subway half fare program, crime directed at older people and the crisis in social security and the impending report by the special bi-'partisan commission on social security.

During the Fall of 1982, forums on mass transit and crime were held and mailings and literature distributed. Residents who were unable to attend were given the opportunity to send their comments back to Queens Improvement by return mail. 'CI Members of the organization expressed dismay at possible social security cuts. Based on those concerns, in C November 1982, nearly two months before the Governor's call for a Special Election (and over a month before Congressman Rosenthal's death) a mailing on social security was initiated. It is that mailing which serves as the basis of the complaint. Yet the activities of Queens Improvement in the Fall of 1982 were merely a continuation of over 2 years work of Greater Queens (and before its incorporation, the Alliance). These activities were independent of the political activities of

Mr. Schoen as a candidate for Congress.*

The Alliance has more members than the number of votes which Mr. Schoen received in the Special Election.

-4- Mr. Schoen's interest in representing Queens in Congress stemmed from the same motives of civic concern which led him to devote so much energy to non-political activities such as the work of the Alliance and Queens Improvement. But his campaign activities were kept strictly separate from those organizations. At no time, were any activities, mailings, literature, labels or other campaign related expenses paid for by Queens Improvement. Sometime in mid-1981, Mr. Schoen decided to explore the possibilities of running for Congress in the Democratic Party -T primary in 1982. In Fall, 1981, Mr. Schoen decided to make an oD attempt to run. On September 20, 1981, Mr. Schoen filed a O Statement of Candidacy and The Friends of Douglas Schoen ' Committee ("the Committee") filed a statement of organization filed (which was misdated October 19, 1981). 0) In accordance with the requirements of the federal 3. election law, the Committee filed reports of its activities. 9 At the end of January 1982, Mr. Schoen filed his ~personal financial statement. In 1981 the preliminary reports of the 1980 census disclosed a radical decline in the population of New York City and Queens, resulting in the loss of three seats in Congress. Congressional district lines were to be drastically modified. Until the new district lines were determined, Mr. Schoen could not know which district might be included in Forest Hills or begin serious organizing efforts. Nevertheless, since Mr. Schoen believed that it was

-5- probable that he would mount an active campaign in the September,"i 1982, Democratic Primary, in late winter and early spring 1982 he began to organize and continued to solicit contributions toward that election. It was predictable that redistricting would be controversal.* What was unpredictable was that there would be no final decision as to redistricting until July, 1982. The redistricting resulted in a new reality: 1. Congressman Rosenthal was to represent most of Forest Hills which previously he had not represented. Mr. Schoen

__ had no reason to challenge Congressman Rosenthal whose record he oD regarded as impeccable; and Tn 2. The drastic change in the district represented by ~the Congressman than representing Forest Hills reduced 9 significantly the chances of mounting a successful campaign; and 0D Accordingly, while remaining a "candidate" under the

federal election law, in July, 1982, Mr. Schoen determined not to C) seek office in the 1982 election but that the Committee would ~remain operative. The Committee so advised the FEC and the House of Representatives so that the requirement of filing pre-election reports would be relieved. No objection was received. (A year end report was filed.)

In 1981 the primary and election for New York City Council members were enjoined because of redistricting controversies. As of today, no election has been held for the councilmembers-at-large who have continued to occupy their positions since 1978, although their terms expired at the end of 1981.

-6- No campaign activities were conducted by the Committee or Mr. Schoen from July, 1982 until after Congressman Rosenthal's death. No contributions were solicited or received. No disbursements were made. In November 1982, Congressman Rosenthal von overwhelming reelection. Throughout his campaign, and until he died, Congressman Rosenthal denied that he was terminally ill and said that he would serve out his next term. Mr. Schoen did not have knowledge to the contrary. He never met Mr. Rosenthal, he was never in Congressman Rosenthal's . office, he never spoke to any person on Congressman Rosenthal's oD staff, he was not privy to the condition of his health. Mr. 911# Schoen had no foreknowledge of Congressman Rosenthal's death. ~After Congressman Rosenthal's death, Mr. Schoen decided to seek the vacant seat and attempt to gain the Democratic Party 0 nomination at the causus of District Leaders. All expenses for the campaign were paid for by the Committee, which received no , support from Queens Improvement. ~On January 21, 1983, Governor Cuomo issued his declaration establishing a Special Election for March 1, 1983. On January 26, 1983, the Queens Democratic Party organization held its caucus and nominated Mr. Ackerman as its nominee to fill the vacant congressional seat. On February 2, 1983, Mr. Schoen filed petitions permitting his name to appear on the ballot as an independent candidate.

-7- On March 1, 1983, Mro Ackerman was overwhelming elected to Congress.

Based on these facts, we believe that the complaint should be dismissed. THE COMMITTEE HAS NOT ACCEPTED IMPROPER CORPORATE CONTRIBUTIONS In complaining that the campaign accepted corporate contributions from Queens Improvement (or that Queens Improvement made improper corporate expenditures), the complaint is clearly arguing that (1) Mr. Schoen had foreknowledge of the time and m circumstances of Congressman Rosenthal's death; (2) Mr. Schoen * had foreknowledge of the time and circumstances of the Governor's 0D declaration of a Special Election; and (3) that Queens

t Improvement in carrying out its purposes in the Fall of 1982 did so for the purpose of aiding a campaign which could occur only oD after the death of the incumbent and the declaration of a Special q Election. o Mr. Schoen had no knowledge different from that evidenced by Congressman Rosenthal's public statements. In fact, Mr. Schoen never met Congressman Rosenthal, was never in his office, never spoke to any member of his staff, and certainly was not privy to the condition of his health. The activities of Queens Improvement in the Fall of 1982, were a continuation of civic activities going back to 1980. The mailing on which the complaint is based was part and parcel of its work and the concerns of its members about the social security crisis. The mailing was initiated, conceived, printed and the mailing labels obtained weeks before Congressman

-8- Rosenthal's death. All expenses for the mailing, as its other activities, were paid for by Queens Improvement. All mailings done by the campaign were done after the

Governor's declaration of a Special Election and were paid for by the Committee. No materials, including mailing labels, were obtained from, or paid for by, Queens Improvement. In short, the facts do not support the charges. THE COMMITTEE HAS NOT ACCEPTED EXCESS CONTRIBUTIONS FROM OTHER CONTRIBUTORS The complaint complains of four instances of alleged

"excessive" contrbutionls by individual contributors.

C Again, the premise of the complaint is flawed - it L) argues that contributions made in the Fall of 1981 when Mr. ~Schoen was seeking actively nomination of the Democratic Party ~for Congress in 1982 should be attributed to the unforeseeable 0 Special Election in March, 1983.

Under 11 CPLR Sll0.l a individual may contribute up to $1,000.00 to a candidate for an "election". An "election" ~includes, inter alia. separately a general election, primary election, caucus or convention and special election (11 CPR 5100.2). For the purposes of determining contributions "an election cycle shall begin the first day following the previous general election for the office which the candidate seeks.". (Thus, the pertinent "election cycles" for the Democratic Party nomination for the House of Representatives begin in November, 1980 and November, 1982, respectively.) In the Fall of 1981, the Committee accepted

-9- contributions for the September, 1982 primary election and November 1982 general election. In July, 1982, Mr. Schoen

decided not to seek that nomination. When Congressman Rosenthal died, and Mr. Schoen decided to attempt to fill the vacancy by first seeking the Democratic Party nomination at the caucus and then election in the Special Election, he received contributions for those purposes. That is the sum and substance of the four specifications of the complaint. What is more, an explanation of those contributions - demonstrates that they are far below the maximum that could have o been contributed: ~lO a) Selig Zises in 1981, contributed $1,000.00 toward O the 1982 primary, and in February, 1983, $1,000.00 toward the

Democratic caucus -a total of $2,000.00. Hie could have 0 contributed up to $4,000.00 (the 1982 primary and general

election and the 1983 caucus and special election); ~(b) Jay and Susan Zises contributed $2,000.00. ~$1,000.00 in 1981 toward the 1982 primary and $1,000.00 in January 1983 for the Democratic caucus. They could have contributed $8,000.00. (c) Andrew Schoen, in 1981 contributed $1,000.00 toward the 1982 primary and in January, 1983, $1,000.00 toward the Democratic caucus. Cd) Murray Cohen of Island Spun, Inc. and Murray Cohen of Roseman Colin are two different people.

-10- Conclusion " We believe that the complaint is without divJtstance and was filed only for political purposes. ti We respectfully request that the Commiss$ip take no action. Y Dated: March Lf, 1983

Respectfully submitted,

Wolf Haldenstein Adler Freeman & Herz

Attorneys for the Respondents 270 Madison Avenue New York, New York 10016 (212) 689-5300

OF COUNSEL: Fred Taylor Isquith By executing this memorandum, the undersigned represent that the facts set forth therein are true to the best of their knowledge, information and belief. The Friend~of Committee

By: (..

Greater Queens Improvyrnent 11 Association, Inc. - By: ( .

Douglas Schoen

-11- 0

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are not entitled to special bulk mailti pIvid- being mailed; and (3) Theis itnot a cooperative mailing with other persons or organizations that for another person or organization that Is not ent- , AP) leges; and (4) This mailing has not been undertaken by the mailer on behalf of or produced titledl to special bulk mailing privilegles. deficiency incured) TELEPHONe[ NO. ( ~SIGNAWIJE OF PERMIT 149 LDER OR Ap[ IT (Both p~rincipo and agent'are liable for any p~ostage

e = ' PS5Form winia Entryj of false, fictitiousor fraudulent statements or rep resentations hereon punishobl Oct 1978 3602=¢ by fine up to 510.000 or imprisonment up to 5 years, or both (18 USC 1001).

I PRM..O ...... - .AIL.R..Complet all itm by tp e...or

-"BE Check for instructionls from your postmaster regard- O STATEMENT OF MAILING _UBRO BUKRTSingbxlbelled "RCA Offices"._ CON.-----' DATE0REEIPT -NO SACKS" ITRAYS OTHER

0 I: Leter,riten .3rd-CircularS and other [" 3rd-Books or catalogs of matrotcards, printed matter. 24 pages or more. etc., less than 16 o:S. RC.A,,, mattperpotdicut 03d..frhniCless than seeds, rate. fices: P,,stage is being paid by:" Prc.eldMee NAEAND ADlDRESS oF pERMIT TLPOENO. Stamps HOLDER (tInclude"ziP Code) .'-t 3'' (Check one) .11111_. Stmp )S ', ,oaslpee (.,i U...4,.VC., .,AifiIPi.. "fi. .a,,,,A of pi,ees

IL. Ir t iiL-t U, tC !i 1i7.," P'ost.< ,hcrgeahlc per piece:" /6 ' i 0]Check if non-profit under 134.5. PSM" for OF iNDIVIDUAL OR ORGANI ZA- CtECKHERE, if mailinlgis not eligible dcount NAME AND ADDRESS the full rate. TION FOR WHICH MAILING IS pREPARED mailer elects to pay elfother than permit holder) pRESORT D IONT iF APPLIAL

discount i ' ' ) ' pieces at ______

made at bulk o E0 NO 1 Mailer (other than authoriZe 'honproftt or'gati" " I must check here whether his total ,nailittgs 250,000 pieces. thr-lc ae talps fie.udrqynm rprmit, for the current calendar year. exceed otg eiinyinrd EEHN O mATIJE OF pERMIT HOLDER OR AGENT (Both pinpl and agn r abefra .,0 0O

MAILER: Complec all Items by typewriter, pen or PERMIT N : U.S. POSTAL. SERVICE indelible pencil. Prepare in duplicate If receipt Is " STATEMENT OF MAILING desired. )" / : Check for instructions fromi your postmaster regard- BULK RTSi bxlele"RAOfes.NUMBER OF OTHER CON- " POST OFFICE DATE 'RECEIPT NO. SACKS TRAYS

- 1 TAINERS

0" lst-Letters, written 0 3rd-Circulars and other 3rd-Books or catalogs of matter, post cards, printed matter. -2 pages or more. at presoge discount $dMrhnleless than sest.,lsthn! D. |RA ADrate. • "!6 os rh eseds ec. ls tan16ok. I: NAME ADADDRESS OF PERMIT TEL.EPHONE NO. Postage usbeing paid by: Pre.canceled Meter HLDRInlud ZP od) -. (Check one) Stamps 1.1 Stamp

r' Check if non-profit under 134.5, PSM Psaecagakprpee 1s - NAME AND ADDRESS OF INDIVIDUAL OR ORGANIZA" - TION FOR WHICH MAILING IS PREPARED r CHECK HERE, if miling Isl not elilble for discont sld (If other than permit holderi L_.. maleelects to pay the full rte.

PRESORT D I SCOUIJqk"JPl~ 4:,CASLE I

a ' N Mailer (other than authori:ed nonprofit organization) must check here wheth/e ta h~s m~ eat bulk o ES

third-class rates at all post offices, under any name or permit, for the current clqa ;000pee TEEPOE O f SIGNATURE OF PERMIT HOLDER oR AGENT (Both principal and agent are liableo, ari-tafe deficiency incurred)'

PS Form

-'7 .~ 797 3602-PC FOR ZONE RATED MAIL USE PS FORM 3605

1 ...... MAILER: Complete all items by typewriter, pen or PERMIT NO.1 " ~ ~STET. POSTAL SERVICEoMINGsrdindelible pencil. Prepare in duplicate if receipt is 2 (

" Check for instructions from our postmaster regard-, BULK RATES ing box labelled "RCA Ofuices". NUMBER OF NO. SACKS TRAYS THERNCON 0POST OFFIC:E DATE/ RECEIPT /- //i /71/, 0] 1st-Letters, written 0" 3rd-Circulars and other r$rd -Books or catalogs of mat ter, post cards, printed matter. "24 pages or more. at prcsort discountrae , 3rd-Merchandisr.seeds, esssthan-1 etc.. less than16 oz.. ) RCAm

NA rate. ER T EEHN16RESF O. ices:

NAEADADESO EMT TLPOEN. Postage is bring paid b v. Pre-canceled Meter HOLDER dtncludc' ZIP Code),

Ia.\zdnzhcraof po pi c iee ,

--- "' NAME'AND ADDRL'SSOF INDIVIDUAL OR ORGANIZA- 'lCHaJKHERifiin inot eible fordisOunlt and TION FOR WHICH MAILING IS PREPARED miceet._ .. a m h fuI. .7

tlf cotPcr tihln pc'2it holder) o pyIhe ul Illlrllets PRESORT DISCOUNT IF APP ...... FoR ZONE .,,,kJ ' P.S FORM 360.. ______U.s. POSTAL SERVICE MAILER: Complete all items by typewriter, pen of ~ I O STATEMENT OF MAILING indelible pencil. Prepare in duplicate if receipt is desird. Check for instructions from your postmaster regarding BULK RATES box lajbelcd "RCA Offices". RO

Q1Ist-Letters, written 3rd-Circular:and other rQ 3rd-Books or catalogs of rmtter, post cards, printed matter. 24 pages or more, seeds, at prew~rt discount , 3rd-Merchandise less than etC.. less than 16 025.RC

NAEAND(Include ADDRESS ZIP Code)OP ERI 7Y(, ALHN.O.DER . Postage is being paid by: Pre-canceled Meter ( ..-. " tp :. 2,2,..,...,f " (Cck one) Stamps U Sts~o ' ' '/ ' r ' / 7 z b"C~h,k '": ""-prd~"" ~~" ' 3.,lM' I ~l-? > ubroaig: p epiece:l/, Weight ofa single piece: G .

...... ~PostageCh~kifncrlprf~...... MI chrgabe. e ,, e:/ . . TIoN oO wHICH.MAILING IS PREPARED r ' i.(I€ othq, than permit holde,,.- // -- ]CHECKHERE, malr elects to payif mailing the full is rate.not eligible for discount and ,, /: ,. . . •'. PRESORT DISCOUNT IFAPpLICABLE -E

P PRESORTED NO PIECES AT AMOUNT PIECES $

RESIDUAL INC.'PIECESI XAMT 2f ifDUE full pwta."(Residuial'i.ces is not I IEC.ES I I ffied) * The signature of a nonprofit mailer certifies that-. (1) The mai'inw2 does not violate section 134.57, PSM" and (2) Only the mailer's mattee im,,. being mailed; and (31 This is not a coobej:wative rnailnrg with othar p.e-. c- or organization: tIhat are not entfitled to special bulk mailing privileges; and (4) This mailig has not been un . ra' ,rvJy the mealer on b~half of or produced for another person or organization that is not entitled to special bulk mailing privileges. -

-SIGNATU OF PERMIT MOLDER OR AGENT t oth pDrincipa and aa a? ibforqnypoIl 1 pd- Ley incurred) 'Tl.PHONE NO.

ra r'ort Willful Entry of false, factitious or fraudul~nt statements or repreenta~ll eron unthabTe Oct 1978 3602-PC by fine up to 510,00 0 or imprisonment up to 5 years, or both (IS Usc lOOli. anagraphios inc 104 ST 29 ST ET NEW¥YOr ,NY1C0O01/(212) 2792370

March 24, 1983

Federal Election Coumaision

Re: The Friends of Douglas Schoen Greater Queens Improvement Association, Inc. and Douglas Schoen.

To whom it may concern:

I am an employee of Anagraphics, Inc. which does typesetting 0 and graphic design for printing. I am submitting this letter in connection with a complaint made to The Federal Election Commission tO involving literature on the issue of social security produced for The Greater Queens Improvement Association, Inc. ("*Queens Improvement") o in December, 1982.

~Anagraphics has done graphic work for the Queens Improvement o for the last three years. The social security piece was a continuation of our work for the Queens Improvement, and was first discussed ~with me sometime in November, 1982. It was part of a series of O mailings which we were doing for Queens Improvement in connection 0 with certain speak-outs and meetings involving senior citizens it , was conducting. o The graphics for the literature were completed some time before Christmas, 1982, and the printing was done before New Year's and sent to the mailer, Coupon Service Corp. in New Jersey. I am unaware ~of any connection between the activities of Queens Improvement and of Mr. Schoen's campaign. I note that our work on the social security piece was started and completed before Congressman Rosenthal died and a Special Election became envitable. At no time was the work we were doing for Queens Improvement discussed in connection with any campaign which Mr. Schoen might be waging.

John Linahan Jr. Senior Art Director *2

" .- -. - ~ - , -- ~ ~ ~ "9- - ,.-~--

IN VOICE

anagraphics inc 104 W 29th Street. New York, N.Y. 10001 * 212/ 279-2370

TO Jogls L .e DATE 222 One T xd~anqe. Place 2047 JOB NO.

Jersey ,t.1 N.J. 07302 INVOICE NO 1..-"2{ CLIENT P.O. NO.

0 .DESCRIPI=TON - .... PRICE 'I.

Pevise!T'e anc"Speaikout" flYdmknicals. mailer - "Social Security Alert" $ 12e.00

Tobtal $ l .oo.0 cens ra]anger :e Wiener k)Q) flop

Theiroook longermorning than rush-hourusual yesterday ride -'embers of the Queens Subway .it they had no complaints. -an as usual in their home corn- !A] ark, Jamaica and Forest Hills, "here to La~uardia Airport and meeting with U.S. Secretary of ew Lewl& of the eommuter-group, Douglas members had come to ask that 'stration not make its proposed ' dies to the city's deteriorating i. Schoen handed Lewis peti- a contained close to 7,800 signa- .cutrson subway platforms "'rgsduring the past several

ared receptive to the petitions .0 the commuters' plight, told •"cerned as you are, but..,. we .ay from mass transit. It is a ,.ce 1i philosophy of what our

4n~ia:rargovernment into the Metropolitanplans to con- " osbit~s capital budget to re- -S- :-e' Ce -. , ,aj Ri~er-s Allaoce meet i Washin{;:on yesterday w:th Rep. John z'sof the transit system ,. --,ta" Le~outirlier, left,. as ag. sit:t .e .ts rmlfaeD. a ~o Laurie Schneider, . d'lracks, subsidies for" the -'a:" . . . . Me'e S~e es and Ken Ssc~l~duled to be phased out be. '.'1&~id that by 1985, the cur- in,nnual federal operating ted h rin k o $7 4 nfi llio n . oetil was held in the office of ,er tq-Bayside, Westbury), who They Give D.C. 'pojfltment. Metro According to Le- rebliry, Michael Thomas, the :ed n favor of the proposed oud-trid agreed at Schoen's re- More T£han a Token Nod- .aintermediary between Le~as s Qip. met Was'!=:-asheo--Aele had seen Shebes thought, for a mo- 2 a rainbow in the subway metropolitan system-less than 10 yecars old and ,ch of the 0-minute informal still under construction-was de)2. -ly mass tran- g t) administration's philos- T e F,-.'st Hil] V.,.,., *t,;,Fingoff the train sit of a different color. Ssystem's operating needs are a' the C rital South M[etro -station, was dazed Th.e trav\'tdtrs said that i. ev :.,nd few faults ma- with the system d, concern. He ::..aiby the subtle sp'e'trum created by tinted during the quiet. c: mfortable 20- argued that re- • .. inute ride. The clean. tidies to city transportation h-..- .r.ying off the wh:e cement blocks of the carpc-ed :rain- carried them smoothly through the end of",Wa *in :t on an area far. larger than tu-.,e: &-ached roof. on's morning ,aaywas.*:< rush hour, from the airpor-t'-truh ties. "Without the necessary a cay" ."-''-prises for the four 13 stations to their destination, for an 0-:'e~i-e r'eour ailing transit system, .:s•e. 'tteQuees .cb.a Riders Alliance-- 60 cents dur- Ch ,:-:.,D, .:g.a lrng off-peak hourse,. No crowds.No %und economic optimism will Sch~-- " -,d Laurie Schneider, oc-affiti. Little Ker=:-.'::k.: noise. Little garbage littering :ihe -.-, to mention the consequences ad V'-r '-i-hees-who had come tile flooring toas USTa,?o :cr..?:oary of the platforms. - entire Northeast region," he Drew Lewist It was save t-e f. al operat:. :.badies to New York enou.gh to put JXk,: to p. Almost. Ckys al!:.:"as-tanst ,', Jackson, a college .,.p'hco- ore fro Jam'aica, sat ,Schoen had offered as an ii- emfrom the cuts pro. quietly throu:ghout the r'c~'-, :g ".:. lost in :qlimpact that unabated dete. S I[.,' ::'r.m th.ought as .r t.:-:!: c-dS instead of the he gazed a: tbe - .: ,.:d. .hite sur- oii a local economy, and on .:',m , < -.t-,get. . *'.-.r rundings. *ration efforts as well. "\\.hat . ~t.i.on entrance, "You could almost ' •x ., ...... - .-,...& 3- into the ,"etro fall ::-?.. :- this train," Nample, to put a new ofce tu":::: ":: a~pu.'t:=V2:!ed out :-,n' tithstanding, the station of the ,rst and most deteriorated in :ur, ,' =-: . n cc"-u.-:-; in Crystal City, Va. "1 )uldn't want ~ discoveredi that the s'.eep through :the answer lay more in re- this." --Caryn Wiener .:ntaining. From a federal "",ildingmade more sense be-' * in your system's labor nego- nce management--no say .tire operation." He added Congressional Committees 2_I 111@ I q Q+ ,LrI • - . 't C: them, ied., ? fefort tO +on p ,Lo sCU' . conomize con tilforts as ewon + rshasi. Mich. L;°o plastic-covered. U ...aged 702.8 miles per gallon. And ttlng the sun do most of his work. version of sunlight Into electricity. mass u ansit fu

. By ROBERT GEARTY AND HARRISON RAINIE + . Washngton-(News Bureau)--Tansprttlonl Secretr Dre Lewis yesera plan to phase out nas transi operating 1defended the Reagan administrtion's subidlee before ain unhappy audience of Queens subway riders, angered by the prospect that the President's program would hike fares 15 cents. -

SubwayLewis Ridrstold leaders Alliance, of whothe cameQueens to the meeting with petitions from nearly Budget cut protest• 7,800 frustrated straphangers, that he didn't have a prayer wanted the limited federal aid to mass transit to go toward capital improve- ments rather than day-to-day Three* Washington Long Island (News residents, Bureau)-- in- operations.' cluding a Catholic priest, were four "! want to see money go into up arrested yesterday with cars,w at the White House for il-l graded track, upgraded subway others staging a prayer protest against Lewis-told the group in a half-hour a'. session at the office of Rep. John Reagan budget cuts, the Secret LeBoutillier (R.N.Y.). "Let our role be Service said. .... (sub. capital (subsidies), not operating spokesman for'Paean we have no control A sidles), which Resistance said the gop rk over. +, away from a public Wht os STRONG push by tour to protest on1 t s r~~. aw.:,ro~v their brat to Antlgus. DESPITE THE the Reagan administration to get rid of and refused request the operating subsidies by 1985, there House police to tea are some indications in both the Demo arrested included ,the House and the Republi- 1tam Brisottl 1434 crat-domnated Kathy can-controlled Senate that the Presi- Wyandanch; dent will not get his way. . Peterborouh oI Mary Jane HeI*1 calls for the and The President's plan Ave., Northport,th! t~ begin in 1983, land phaseou of subsidies to Service said. •• , . ' i -. but Sen. Alfonse D'Amato (R-N.Y.) rounded up enough support for con- 4,.+. • tinued funding on the key Senate Bank- ing Committee to force Reagan suppor- warded today to the ifouse ~ le ters to abandon their effort this year to commit Congress to the plan. The Republican plan Broyhil (R-tL] a Forest Hills resi- Rep. James Doug Schoen, call for d p dent and chairman of the transit pected to Lewis that the Medicaid spending along alliance, argued with the Reagan plan that would city would fjac~la"calamity" If the aid York State's federal health aidk u Thle were cut andifares were raised. would Wlp uaA Transportation Author- $30 million. It also +' Metropolitan of categorical health pr~ogramhs, as- gets $122 million annually in such host ity wanted, by lumping them into losing It all would require a Reagan aid, and block grants for the states to dole out " :she d+!,'es car in the prone i~sitionl. 15-cent fare boost or major service ... cutbacks, he said. as they wish "WE DID NOT HAVE the votes to pro- LE BOUTILLIER KEPT a low the Republican plan," conceded said later defeat file during the session, and committee member Rep. the Reagan plan ranking that he still supports Richard Ottinger (1)-N.Y.). "It gutted to wipe out the transit aid. health and energy programs and it did In other budget developments, the more to them than the President did." House Energy and Commerce Commit- tee failed to reach firm agreement on iIt is not clear what the budget panel will do, but If It accepts t budget cuts It is inteHouse the $5.3 billion in GOP version of the health and to comply with the the required to make cuts "it will be devastating to Thus, two separate energy budget resolution. New York," charged state lobbyist one by Democrats recommendations, Brad Johnson. UI and one by Republicans, will be for- skinysiep dn~taeo __narPais rn: Qtnf I w EOAE~ JewishM B e'ofIp TEA - The Si !. p~aid-up Bayside Hills will :,7 tea at 8 pm. tomorrow at 212t:;. DAIL N Ave., Bsyslde. 1 V

AvivaJEWISH Players SKIT will -be "Laughterpresented followingof Israel" by the meeting of the Aviva Chapter an ojpen p-m. tomnorrow of Hadassah at 12:15 at the Socil Hall, 2542 Union Flushing.', St., SFor safer riding I A straphangers' association AIDING CHOKING VICTIMS -- The Akmerican n Queens has Red Cross wUI demonstrate methods proposed a four-polyg victims 'to to aid choking subway safety program Jama.ca Chapter' of the Sthat shold. appeal to riders Association of Retired American from every Persons at a business meeting borough In the city. at 1 p.m. tomorrow at Parish What the ,. House Parsons Blvd. Queens Subway Riders Allince.~ and Jamailca.Ave.' Jamaica.- rwants is the . '-. creation of an auxiliary tranzasit police force for platform 'iRRY DANYLUK JIOMEOWNERS' TAX LAWS patrols, voie.ahi - Queens - the North rated call boxes in stations, Home Civic Association of Jackson circuit more closeg. will discuss new developments Heights television sets in sttons with WOMEN income in real estate and cularly severe PaijU-. In assertiveness tax laws as they affect homeowners crime problems and a 'volun. evelopment, creative general meeting at a tary patrol to ~ writ. at 8 p.m. tomorrow at MeClancy acts as eyes and ears fOT the .tion, health care and physi- High School, 31st Ave. transit police. :e and 73d St., Jackson Heights. The organization for those interested, from cit ! the alarming statis. tomorrow at the Gustave tics--familiar rnan LADIEAUXIIARY- to all New Yorkers--.thiat 's Center, 710 I-artman Queens Chapter of the CatholicThe Ladies Auxiliary of show a hold its monthly War Veterans will nrieetlng'at 8:30 p.m. tornorro~v the post headquarters, at 37-48 61st St., Woodside. 24% increase In subway crime during the first TheA dglPpetBoy Who show Swallowed featuring the "by, e Poco puppet troupe membership, _ I HADASSANeducation, WORKSHOPS fund raising, Worlfshops publicity in -Series at 11 am. and 1:30 youth activities will be and ueJ 'ield Hadassah held by the Queens Region of YW-YWHA,52 from 9:30 sin, to 2:30 p.m. tomor-row Hillcrest Jewish Center, at the Jamakca 183.02 •Union Turnpike, S'edl' • ation: Pros and . -.. I Cons" TRI-BRANCH MEETING -The North !ngf the Diabetes Club at South Shore and Shore, nYQueens Eastern Long Island Branches Hospital, 9002 Women's League for Conservative of a registration Judaism will hold meeting at 9:45 am. tomorrow Temple Hillel of Valley Stream. a The "Wife, Mother, Me-- Jewish Dimension" will be :abLa4 hoof Hopeare single,Church sepa- will discussed by a iat 9:30 p.m. tomorrow :'el1I'stone at two Blvd., Forest thirds of the year. It is a threat admission COUNCILMAN~ SPEECH - that is and live music Sheldon Leffler (D-Halls) City Councilman never far from the minds will be the guest speaker certainly of riders and at a meeting of the Queens Colony rates as high, if not higher, at 8:30 p.m. Civic Association Slist of complaints in their Fhasing tomorrow at the Holy Trinity about the subway as YMCA, at 138-48 Church on Commonwealth Lutheran pbreakdowns the er kieginner through Blvd. and 87th Ave., In service,. "or,a ad- Bellerose, The'co-st of carrying ults and high school ti'ars out the reconunenda. should be modest That's a relative wV'-. of course, term, because no expense is ;e Flushing chapter awardWOMAN~ will be AWARD presented -A -'"Woman of 'the Year" system small to a of l , the struggling to pay for new and old a geperal Chapter Cancer Care, Inc. Kew Gardens Hills tated cars, rehabili- meeting tomorrow at an better road beds and Improved "ewish Center, 24-20 in the Aquilar 8 pm. meeting signals. But Par- Aquilar an investment in an effective Ave., Flushing. anti-crime program i might well pay for itself. Crime--and the fear of it-probably has BoardCOM.MUNI1y 5 will discuss BOARD a report MEETS -_ Community driven thousands of New - by thePort Authority Yorkers from Yrile DISEASE obstructive pulrnon.A pro. New "York and New of the subways. riding 'y the Queensboro Jersey on Kennedy Airport A great many of them, Lung transportation alternatives believe, could we SP.rrL at a 7:30 i'm r,',nt",, be lured back toinorrna t "oo confident if they felt the subways were safer-boosting ...... ,-, Knightsrnorrow of Columbus,at .the Msgr. 79.03 Sherman Myrtle Ave.,Council Glendale. of te TA revenues substantially.

• W. solve problems, get answers, answered only in this cut red tap pc, stand up column. Writ. Action for your rights. Iuestionis Line, S0x 5156, New York, N.V. 10017. 'Cecalls cannot be accepted. TOM McMORROW "nd it impossible to get suspensionAllanson thatcontinued: is dated '"What' she does have is a to me and Aug. II, 1979, fora summons I desperately answerable at the Queens Criminal m work. I am a nurse Part, in Kew Gardens. Court, Traffic .,e a bus. But sometimes We have no jurisdiction over i this summons, it must know what It's like at be answered there." - matt°,r ~n,, hr s .o --nwr Once you have this 4 - . . 2.:..° : .

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- -

' i-..... i! , . , , i 0) ., Z ' Tiunelnh" Page 7 '

,&spaper and don't .And Some jxi Szas on Safety was a year and a

many people were Douglas Schoen, Chairman of the Queens Subway and got trampled. Riders Alliance, announced la week a four point pro- -*of that crowd." gram to Improve subway safety. The program urges the nan he didn't evenl Transit Authority to implement new measures that would r in the chest, and aid In reducing 3bw1 'a Axiiayrasi -The plan calls fr the creation ofnAxiir Tnt -ould burn up from Polie to patrol subway platform, permitting existing Transit Police to concentrate on patrolling the trains. 'ut into the Times -Point two urges the Tran~sit Authority to immediately install voice activated call boxes on all subway platforms •no surveys to sup- so that victims of crimes and bystanders can report any * hand catastroiphe. disturbance to the TA as soon as It occurs. -Point three calls for the expanded use of closed circuit "1V at high crime stations to prOVide TA Police with minute-to-minute surveillance of subway stations. -Point four urges all commuters to join in a Citizen monitoring Effort to keep Transit Police informed of all dangerous conditions on both the platforms and trains. "Subway crime isjust one dimension of the wthole subway safety issue," Schoen said. "In the surveys the Sub- way Alliance conducted during the summer we found subway safety to be the most important issue facing corn- muters." way to Manhattan. In an earlier project the Alliance addressed the issue of (TribuneA 7 traiin photo'Larr' passes Shea Sehv, on artz) its improving safety from fires on the E and F trains. "We are told," said Schoen, "that the TA ispresently installing the dc'c rrent to potent::ai crminals at a subwayCitizen station Monitoting iinthe emergency switches required to open the car doors on Rocka~ays. And finally, an effective their efforts the E and F trains during fires. Recent reports in the press. Effort could he~p the TA Police know where confirm that our energies are now being focused in the s',Q.',be d rected " The S -:.,ay Riders AI!iance is distributing flyers right direction. With violent crime in the subways up 24 point subway crime program at sub percent In the first eight months of the year it seems to me cW-c,:.b.,ng the four ',,avs~a '.4:goutQueens The flyer asks subway that a program to combat subway crime is crucial to the T~d,who ':. -. 's he pvo-gram to detach and return the- safety of all commuters." who will then pass Schoen explained, "The subway, are a closed system. stub o" the t2e: tc Do'ag'as Sc:hoen. interested parties. Victims of subway crimes are often left with nowhere to thLm along to :h e MTA, TA and other M at Our Lady Queen of turn for assistance. The program I propose will cr atea 0 No~ her 10 at 8 P Alliance is sponsoring more uniformed presence throughout the system." >a-VTCu~c i.oest Hill.s, the me ' saifetyinthe comnmunity and on the With an Auxiliary Transit Police Force patrolling the a fo~.Tr on ct Transit Authority subway platforms the TA Police will have additional man- o~ba'.,s R p¢sntaives from the power that could function as the "eyes and ears" of the P once. the 1 12th Precinct in Forest Hills, and the Queens regular police," Schoen said. Voice activated call boxes Disrict Atorney's Office i.'.: be participating in the forum. and the corn- wil provide commuters with "a quick way to report any "With the recent statistics on subway crime, kind of disturbance, thus helping to sllevia people's rnunity's overall fear of crime," said Schoen, "we expect a Sfears of being stranded. Closed circuit TiV was a successful very large turnout at the forum." " ioto taken along

Golden YourOpportunity

-Discount .- 3NER SPORTSWEARPrices' awaits you at ",,Above Wholesale J '-"

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C.' ueen1s/j Douglas E. Schoen, Chairman ubway/ --"ers,EJ 20 contne.tl Aven,,m line Forest Hills, New Yor 11375 212/544-6955

SOME INFORMATION YOU SHOULD KNOW ABOUT REDUCED FARE CARDS FOR SUBWAY 2~ AND BUS SERVICE i

HANDICAPPED AND DISABLED ,ELIGIBILITY !!; -'A pe:-son is eligible if he or she temporarily (3 months to a ! year) or permanently experiences I or more of the following impairments: 1. Blindness 2. Deafness 3. Manual Disability ,i, 4. Ambulatory Disability 5. Mental Retardation -- 6. Brain Damage .! *For further information regarding eligibility call 433-52b , ,i " Half Fare Program for the Handicapped" 0) WHERE TO APPLY . ~~-Requests for applications can be made in person, by mail . ~~~or by phoning 433-5265 " ~~Come down or send request tO: i New York City's Department of Transportation oD Half Fare Program for the Handicapped 280 Broadway, Room 704" ~New York, N.Y. 10007 0m REQUIREMENTS FOR APPLYING ~-Complete application cO Parts IV AND V must be completed end signed by a doctor,. social worker, rehabilitation counselor or other professional at agency or clinic where you receive services . -With application send 2 recent front-face photographs of yourself (i " x 2") and make sure to sign the back of photos HOW THE SYSTEM WORKS -'HOURS: 9:01 AM - 6:59 AM MONDAY-FRIDAY AUl day on weekends and legal holidays *The half fare is not extended during the hours of 7-9AM -'SUBWAYS: Show talf Fare Pass to token collector Pay 60¢ and receive a token and a return trip ticket Before handing in return trip ticket show pass and then go through exit gate *Return trip ticket cannot be used at station of origin -BUSES: Show Half Fare Pass and deposit 30¢ in fare box If you want an ADD-A-RIDE only pay an additional i0g ueens DuasE.w Schoen, Chairman w" Subway Duga

-- "d ell 20 Continental Avenue Iace Forest Hills, New York 11375 212/5i44-6955

THE QUEENS SUBWAY RIDERS' ALLIANCE RECENTLY COMPLETED A SCIENTIFICALLY SELECTED SAMPLE OF 454 PEOPLE WHO RIDE THE TRAINS IN QUEENS EVERYDAY. WE FOUND THAT 812 BELIEVE SERVICE HAS GOTTEN WORSE SINCE THE FARE WENT UP AND 88% BELIEVE THERE IS A REAL CRISIS ON THE CITY'S SUBWAYS.

ALSO, WE FOUND THAT 91% FEEL THAT THE TRAINS ARE COMPLETELY JAMMED HOST OF THE TIME THEY RIDE. FORTY THREE PERCENT SAY THAT THEY HAVE GOTTEN ILL AFTER RIDING THE TRAINS AND EVEN 8% SAY THEY HAVE BEEN HUGGED, ATTACKED, OR ACCOSTED ON THE SUBWAY IN QUEENS. FINALLY, 832 SAY THAT CITIZEN PROTEST IS NECESSARY TO GET THE MTA TO IMPROVE SERVICE. CLEARLY THE SURVEY CONFIRMS THAT THERE ARE VERY SERIOUS PROBLEMS ON THE SUBWAY IN QUEENS.

THE QUEENS SUBWAY RIDERS' ALLIANCE IS AN AD HOC ,I,4ROUP OF ORDINARY QUEENS CITIZENS W'HO RIDE THE SUBWAYS EVERDAY AND WHO ARE FED UP WITH CONDITIONS ON THE TRAINS. VOLUNTEERS WHO WORKED ON O~rHE SURVEY INCLUDE CHERYL FETIK, PAT REILLY, DOUGLAS SCHOEN, AND BOB !eLI NDERM4AN. AS A GRASS ROOTS CITIZENS GROUP, THE ALLIANCE WILL ( B TAKING PERIODIC SURVEYS OF RIDER OPINION AS A MEANS OF TRYING TO LET THE MTA KNOW WHiAT RIDERS THINK OF SERVICE ON QUEENS TRAINS. IT WILL " ALSO SEEK TO EXPOSE MTA BOARD MEMBERS TO THE CONDITIONS WE BRAVE EVERY .,MOR.NING AND EVENING ON THE SUBWAY.

7 WE ARE EAGER TO HAVE ALL INTERESTED CITIZENS JOIN IN OUR EFFORT TO IMPROVE CONDITIONS ON MASS TRANSIT. WON'T YOU SEND CV S YOUR NAME AND JOIN OUR EFFORTS TO IMPROVE THE SUBWAYS BY RETURNING ;.THE ATTACHED POSTAGE PAID POSTCARD OR BY RETURNING THE COUPON BEL(M?

PLEASE KEEP ME INFORMHED OF ALL ACTIVITIES OF THE QUEENS SUBWAYS RIDERS' ALLIANCE

YOUR NAME______RETURN TO: DOUGLAS SCHOEN, CHAIRMAN QUEENS SUBWAYS RIDERS ALLIANCE 20 CONTINENTAL AVENUE YOUR ADDRESS______FOREST HILLS, N.Y. 11375

YOUR PHONE NUMBER______u?:bwayM -iaer~li20 co.nunes Avm

SCHOEN AND ORLCM JOIN TO WORK TO IMPROVE SAFETY FROM FIRES ON E AND F TRAINS

IN THE LAST YEA THERE HAVE BEEN AT LEAST SIX FIRES oN THE E AND F TRAINS WHICH HAVE CAUSED COMMUTERS TO PANISC BECAUSE THE DOORS AT THE END OF

EACH CAR ARE ROUTINELY KEPT LOCKED. DURING THESE FIRES, WHICH IN THE LAST

MONTHS HAVE OCCURRED AT LEXINGTON AND 53RD STREET AND QUEENS PLAZA, PASSENGERS

, HAVE BEEN UNABLE TO GET OUT OF SMOKY SUBWAY CARS BECAUSE THERE IS NO EMERGENCY

0 SWITCH TO ALLOW THE DOORS TO BE OPENED UNDER SUCH CIRCUMSTANCES. SERIOUS INJURY

I. WAS ONLY AVERTED BECAUSE PASSENGERS SMASHED WINDOWtS ALLOWING AIR TO GET IN THE CARS.

. DOUGLAS SCHOEN, THE CHAIRMAN OF THE QUEENS SUBWAY RIDERS ALLIANCE, oD HAS NOW JOINED QUEENS CITY COUNCILMAN STEVEN ORLOW IN A CAMPAIGN TO PERSUADE

THE TRANSIT AUTHORITY TO INSTALL SUCH AN EMERGENCY SWITCH ON ALL CARS ON THE

SE AND F TRAINS. THE TRANSIT AUTHORITY HAS TOLD MR. ORLW THAT THE EMERGENCY

SWITCH WILL BE INSTALLED "SOON." BUT BOTH MR. SCHOEN AND MR. ORLW BELlEVE

THAT THIS IS NOT GOOD ENOUGH. THE TRANSIT AUTHORITY SEEMS TO MOVE AT A SNAIL'S

PACE AND WE CANNOT ALLOW COMMUTERS TO DIE OR BE SERIOUSLY INJURED WHILE WATING

FOR THE INSTALLATION OF THIS SWITCH. PLEASE RETURN THE ATTACHED COUPON TO US

SO THAT WE CAN PASS YOUR CONCERN ALONG ABOUT THIS ISSUE TO THE TRANSIT AUTHORlTY.

MR. SCHOEN AND MR. ORLOA: I SUPPORT YOUR EFFORTS TO GET THE TRANSIT AUTHORITY TO INSTALL EMERGENCY SWITCHES ON ALL E AND F TRAIN DOORS IMMEDlATELY.

[ ] PLEASE ENROLL ME IN THE QUEENS SUBWAY RIDERS ALLIANCE

NAME______PHONE NUMBER______

ADDRESS______COMM(UNITY AND ZIP CODE______0 0

*1~4 0

0-0 ~4 ~ I0 054 ~

b1 WASHINGTON. D.C. 20463 ( FEDERAL ELECTION COMMISSION March 29, 1983

Thomas 3. Schwarz, Esquire Skadden, Arps, Slate, Neagher and Flom 919 Third Avenue New York, New York 10022

Re: ISUR 1531 Dear Mr. Schwarz: This is in response to your letter of March 10, 1983, . requesting withdrawal of the complaint filed by Mr. Jedd Moskowitz against the Greater Queens Improvement Association, O Inc., the Friends of Douglas Schoen, and Douglas Schoen. Under 2 U.S.C. S 437g the Commission is empowered to review a complaint *e properly filed with it and to take subsequent action which it ( deems appropriate under the statute. Mr. Moskowitz's complaint and the amendment thereto (submitted on February 28, 1983), were - properly filed with the Commission. Therefore, your request for withdrawal of the complaint will not prevent the Commission from o taking any action appropriate under the statute. However, the Commission may take your request into consideration in its ~initial review of the matter. 0D If you have any questions about this procedure please call the staff person assigned to this matter, Stephen Mims (202)523- 4039. Sincerely, Charles N. Steele General Counsel

By: Kenneth A. Gro Associate General Counsel "WASHINGTON. r .c. 20463 ~FEDERAL ELECTION" COMMISSIONMarch 24, 1983

Fred Taylor Isguith, Esquire Wolf Haldenstein Adler Freeman & Her: 270 Madison Avenue Rev York, Nov York 10016 Re: Friends of Douglas Schoen Committee - MUR 1531

Dear Mr. Isguith: .o This is in response to your letter dated March 14, 1983, wherein you requested an extension of time in which to submit a o response to the complaint in the above-captioned matter. YOUr request is hereby granted. Any material which you wish to submit LO should be mailed not later than March 31, 1983. C Should you have any further questions regarding this matter, - please do not hesitate to contact Stephen Mimes at (202) 523-4039. oD Sincerely, Charles N. Steele / 0 Genera] one.-

Associate General Counsel SK~ADDEN, ARPS, SLATE, MEAGHER & F'L : U. 919 THIRD AVENUE

NEW YORK 10022-9931 **SRA~0LeAW NE'W OflK* (al) 371-6e00 306OIO. VAIUACID6Irs cube rwx ?,o-S, 36l•il4 TI[LEX: 64666O0 060Ir TgLrgCOIgl[: ooowTg#a 6'g~lr Nw. (Zlg 751-O06i4

March 10, 1983

Kenneth A. Gross, Esq. Associate General Counsel Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463 Re: Complaint Against Greater Queens Improvement Association, Inc., The Friends of Douglas Schoen and Douglas Schoen Dear Mr. Gross: Please be advised that complainant Jedd Moskowitz wishes to withdraw the above complaint. I am informed by counsel for the Friends of Douglas Schoen Committee that they do not intend to ref ile their complaint against the Ackerman For Congress Committee. qr Veyt y yours,

Thomas. '3 Schwarz

CC: FredSteven T. Barndollar, Isquith, Esq. Esq 0 ., WOLF HALDENSTEIN ADLER FREEMAN & HERZ :

270 MADISON AVENUE NEw YoRK. N.Y. ,0010

THEODoRE W ADLER JOHN L FREIfMAN EDWARD R. pECKERMAN, JR JOHN W, HrR1l LEO ROSEN EDGAR .J NATH~AN 3RO DONALD M LANDIS CHARLES H SALLER DAVID A. RUTC NUERG OF COUNSEL. PErTER L. KL.AuJNER' DANIEL w KRASNER CAUlLE ADDRIESS FRED T ISOUITH WOI4ALDCN ROSERT L DAVIDSON

JEFFREY 0 SMITH 4lllI.. SARSARA ULOCK UROWN ADELINI I' MALONE March 14, 1983 TELIEC4?WR WILLIAM A LOEU RICHARD 14 REA MARK N ROTTENSERO SOROYAL, .LM WAY PALM SEACH. FrLVRIDA 33400O Mr. Stephen Mins Federal Election Commission c., 1325 K Street, N.N. Washington, D.C. 20463

::,Re: SchoenFriends Committeeof Douglas - MUR 1531 Dear Mr. Mins: Thank you for speaking vith mle today. ., On behalf of the Commi ttee I hereby am requesting a 10 day extension to respond to the complant referred to above (which O is now been withdrawn by the complainant). " The complaint was mailed to us by letter dated March 3, 1983, and was received by us on March 7, 1983. Normally, a C response would therefore be due in 15 days from that date, or March 22, 1983. Because the complainant has withdrawn the complaint, however, the Comittee believed that no further action would be taken by the FEC. Today you advised me that despite the withdrawal of the complaint, the Comission may nevertheless choose to investigate. Since we have lost several days to work on the response, I would appreciate until March 31, 1983 to mal a response which, we believe, will demonstrate that the complaint is without merit. Very truly yours,

F~ ~lolsth --

pcw/ a ~at~$W >. #WW

0' 'S.., 'es';on Lw. Washington, D.C. 20463 ~v y 0 ~PCC4 ?~7~2

WOLF HALDEPNSrEIN ADLEJR FrREEMAN & HERZ§§ M .AR4KI" I 270 MADISON AVE[NUE; ,

NE[W YORK, N.Y. 10010 r: . :-"

THE[ODOIRE W ADLER 312-611g'5300 JOHN L 7REE[MAN E[DWARD N. PE[CNJIMAN, JR. W, HERfl JOHN LE[O ROSEl[N EPDGAR J NATHAN 3ft0 b DONALD M. JNDISl CHARLE'S H ILE R DAVID A RuTTVENBUERO PETER L KLAUSN[ER DANIEL W I(RASNER CAUlLE ADEIqIS 7rRED T. ISQUITH wo-AL R OSERT L DAVIDSON

JE77REY G SMITH EARARA~A ULOCR UROWN ADELINE lP MALONE March 11, 1983 TIELICOPIERN WILLIAM A LOES RuICHARD H REA 13-@S@1-0114 MARK M ROTTENUERG 850O RIOYAL PALM WAY PALM SrEACH. rLoRilDA 33140 Mr. Stephen Mins 3051-8M5-8L554 Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463

Re: NUR 1531 Dear Mr. ?4ins: I tried to call you on Friday but I understand that you are out ill. I trust that you are feeling better. I represent The Friends of Douglas Schoen Commitee, which is the subject of the above referenced matter. Please be advised that the complainant has withdrawn the above complaint. A copy of a letter from complainant's attorney to Kenneth Gross is enclosed for your reference. Under the circumstances it would not appear necessary to respond to the complaint, although, I must add, that it was without merit. Very truly yours,

Fred Taylor ~qih

pcw/cc: Douglas Schoen SKADDEN, ARP::S, SLATE. MEAGHERq & F'LOM 919 THIRD AVENUE

NEW YORK 10022-9931 CALL OOnIS----- "SKAR5LAW NdgWY0nK' (212) 371-6000 * OiTOo.MAS4I~g7IIT5l aoso TWX: ?7O •.86 - 38d TIELI[X: 6455,0 I03) INIWTM~wr STT. Wl.W. IEL0ICIlIR: WASNINOTON, O,.C. 80006 (808) (*1) 752- 8o54 465.0-700O

WILtiINOiTON, ogsIAAg gg80 (308) 4-lo@

Karch 10, 1983

Kenneth A. Gross, Esq. Associate General Counsel Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463

Re: Complaint Against Greater Queens Improvement 1% Association, Inc., The Friends of Douglas Schoen and Douglas Schoen

t Dear Mr. Gross: Please be advised that complainant Jedd Moskowitz wishes to withdraw the above complaint. I am informed by counsel for the Friends of Douglas Schoen Committee that they do not intend to ref ile their complaint against the Ackerman For Congress Committee.

Vey ruy ou rs,

Thomas/J. chwarz

cc: FredSteven T. Barndollar, Isquith, Esq.1 Esq DATE______

PLEASE PROVIDE THE NAMES AND ADDRESSES OF ALL RESPONDENTS WHICH ARE TO BI SENT A COPY OF THE COMPLAINT. IF A PRINCIPAL

CAMPAIGN COMMITTEE IS A RESPONDENT,, A CARBON COPY IS TO BE SENT TO THE CANDIDATE. PLEASE PROVIDE THE NAME AND ADDRESS OF THE

CANDIDATE AND PUT A "CC" BESIDE THE CANDIDATE'S NAME. IF A .

CANDIDATE IS A RESPONDENT, A CARBON COPY IS TO BE SENT TO THE CANDIDATE'S PRINCIPAL CAMPAIGN COMMITTEE. PLEASE PROVIDE THE

NAME AND ADDRESS OF THE PRINCIPAL CAMPAIGN COMMITTEE AND PUT A " "CC" BESIDE THE COMMITTEE'S NAME, PLEASE PROVIDE THIS INFORMATION, ON THIS SHEET, WITHIN 214 HOURS OF RECEIPT OF THIS NOTICE. THANK YOU. 0

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0 SKAIDDEN, ARtPB, SLATE. MEI!AGHERF & FLOM3NAi .A:SS

919 THIRD AVE[NUE[:

NEW YORK 10022P- 9931 CABtLE ADDREPSS OWElWEACON STilEr "*SKARSL.AW NEWYORK" (III) 371-60000 30O670W. MASSIACtUSETTS 0306 YWX: 710-SSI1- 3114 T1Ex: 6456019 TELECGOPIERN: .,INoT.. o.C€. 30006 (III) 711-1,064 OWEgISAWETUAUEI WILMNO:_, hEAIM IggO0

March 10, 1983

AssociateKenneth A. General Gross, CounselEsq. cJ1 Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463

Re: Complaint Against Greater Queens Improvement Association, Inc., The Friends of Douglas Schoen and Douglas Schoen

Dear Mr. Gross: Please be advised that complainant Jedd Moskowitz wishes to withdraw the above complaint. I am informed by counsel for the Friends of Douglas Schoen Committee that they do not intend to ref ile their complaint against the Ackerman For Congress Committee.

Thomas ,,JL hwr

cc: FredSteven T. Barndollar, Isquith, Esq. Esq I

,i ,, "i ':' ' 'I- : :, ' ', : : ' "., .! . ii " ,,:-i ....

AK\pet pOa. A. Grou.~a1 CoUnselZsq. W .a1- Election Comission .1 5 .K street, L.W, . Wfashington, D.C. 20463 + • ++'Y.+,++.+Y':,!+'i++ +51i! i:! ,+i+i..... • ++,,++',+ + ,+,+ ?'i .'

,:, ,+,++ +

•+. ++ .< +.

SKADDEM, ARPI, SLATE, MEAGnER & FLOE

To Kenneth A. Gross, Esg. Thomas J. Schwarz, Esq.__3/10/S3 From ______

o-Prepare rep)ly for my O-As requested 1o Handle signature o3 For your commonls O-Note and return o-Send me information and wstkons O"Note and forward to required to answer o3 Does attached msll with your approval? o Se. (phone) me o For your information O For signature. if von attached o As per conwersaion approv Other Remers: The original of this letter- will be mailed to you.

Pass Successively To: ,w, , • ,AIoDN.ARPla$. SLATL. MUAOHEA FLOt4 9t THIRD AVENUE tIEW YORK ILOOt-eeSt

(a1) )b'@o Yes. 7?O€) 2S't4 3d'O*)4.----E'Y,0m0 (P1 VetPAt ,t. j.pnrga s tw msj4o,,R 109@*o

Match 10. 1,53

Kenneth A. Gross, ESq. Associate General Counsel (A) Federal Election Commission 1325 K Stree:t, N. . Washington, DCC. 20463

Re*- Agssociatoni,Complaint A'gainst inc., GzeaterThe 1friends Queens Qf ImprovementDotiqlas

Please be advised thmt comuplainant Jedd Moskowit= wishes to withdrew the above complaint. I am informed by c~unsel for the FriLends of DOUglaS Schoen Committee that they 4o not i.tend to ref le their complaint against the 0 Ackernan For Con t-'s COm.'hltt.e.

Very tr~yyus

Tht s .wa

cc: Stvvm.t flarndoll.r, q Frvei T4 Zsqith, E~q. Oh

0 0 .5 I I z

0 WASHINCTON. D.C. 2O43 ( FEDERALELECTIONCOMMISSION. U March 3, 1983

Carol C. Darr Esquire" Skadden,Arps,Slate,Meagher & Flom 919 18th Street, N Washington, D.C. 20006

Dear Ms. Darr: This letter is to acknowledge receipt of your complaint _ which we received on March 1, 1983, against the Greater Queens ...Improvement Association, Inc., The Friends of Douglas Schoen and Douglas Schoen which alleges violations of the Federal Election Campaign laws. A staff member has been assigned to analyze your allegations. The respondents will be notified of this complaint within five days. ~You will be notified as soon as the Commission takes final action on your complaint. Should you have or receive any additional information in this matter, please forward it to this office. We suggest that this information be sworn to in the same 0 manner as your original complaint. For your information, we have attached a brief description of the Commission's procedure for handling complaints. If you have any questions, please contact o Steven Barndollar at (202) 523-4073. ~Sincerely, ~Charles N. Steele • General Counsel ByKnet .Gr s/

Associate General Counsel

Enclosure wASHINGTON. D.C. 243 < FEDERAL ELECTION COMMISSION March 3, 3.983

CERTIFIED MAI,L RETURN RECEIPT REQUESTED The Friends of Douglas Schoen Fred Taylor Isquith, Treasurer 270 Madison Avenue •New York, New York 10016 Re: MUR 1531

e9 Dear Mr. Isquith: OD This letter is to notify you that on March 1, 1983, the Federal Election Commission received a complaint which alleges - that your committee may have violated certain sections.of the O Federal Election Campaign Act of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter "9 MUR 1531. Please refer to this number in all future correspondence. Under the Act, you have the opportunity to demonstrate, in r writing, that no action should be taken against your committee in oD connection with this matter. Your response 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 based on the available information. *, 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. This matter will remain confidential in accordance with 2 SU.S.C. S 437g(a) (4)(B) and S 437g(a) (12) (A) unless you notify the Commission in writing that you wish the mattej to be made public. • , If you intend to be represented by counsel in this matter S please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and a statement authorizing such counsel to receive any notifications and other communications from the Commission. O

- 2-

staff Ifmember you haveassigned any questions,to this matter please at contact(202) 523-4039.Stephen Mims,For yourthe information, we have attached a brief description of the Commission's procedure for handling complaints.

Sincerely,

GeneralCharles CounselN. Steele

Associate General Counsel

If,

Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement • WASHINGTON. D.C. 20463 IFEDERAL ELECTION COMMISSION U. March 3, 21983

CERTIFIED MAIL RETURN RECEIPT REQUESTED Greater Queens Improvement Association, Inc. S20 Continental Avenue Forest Hills, New York 11375 Re: MUR 1531

Dear Sir/Madam: 0 This letter is to notify you that on March 1, 1983, the ' Federal Election Commission received a complaint which alleges that your association may have violated certain sections of the Federal Election Campaign Act of 1971, as amended ('the Act"). A copy of the complaint is enclosed. We have numbered this matter MUJR 1531. Please refer to this number in all future o' correspondence. r Under the Act, you have the opportunity to demonstrate, in writing, that no action should be taken against your association in connection with this matter. Your response must be submitted rO within 15 days of receipt of this letter. If no response is received within 15 days, the Commission may take further action ~based on the available information. -. Please submit any factual or legal materials which you :. believe are relevant to the Commission's analysis of this matter. S Where appropriate, statements should be submitted under oath. 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, S and a statement authorizing such counsel to receive any notifications and other communications from the Commission. - 2-

staff Ifmember you haveassigned any questions,to this matter please at contact(202) 523-4039.Stephen 141ms,For yourthe information, we have attached a brief description of the Commission's procedure for handling complaints. Sincerely, Charles N. Steele General Counsel

By Kenneth A. Gros Associate General Counsel

co1.-- EnclosuresComplaint S 2. Procedures ...3. Designation of Counsel Statement WASHINGTON. D.C. 2043 ~FEDERAL ELECTION COMMISSIONMarch 3, 1983

CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Douglas Schoen 20 Continentil Avenue Forest Hills, New York 11375 Re: MUR 1531

•Dear Mr. Schoen: This letter is to notify you that on March 1, 1983, the . Federal Election Commission received a complaint which alleges that your association may have violated certain sections of the r Federal Election Campaign Act of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter OD MUR 1531. Please refer to this number in all future correspondence. C Under the Act, you have the opportunity to demonstrate, in writing, that no action should be taken against your association " in connection with this matter. Your response must be submitted within 15 days of receipt of this letter. If no response is oD received within 15 days, the Commission may take further action T based on the available information. cPlease 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. .€O This uatter will remain confidential in accordance with 2 U.DS.C. S 437g(a) (4) (B) 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 Comission by completing the enclosed form stating the name, address and telephone number of such counsel, and a statement authorizing such counsel to z eceive any notifications and other communications from the Commission. - 2-

If you have any questions, please contact Stephen • sim s, the staff member assigned to this matter at (202) 523-4039. For your information, we have attached a brief description of the Commission's procedure for handling complaints.

Sincerely,

GeneralCharles N.Counsel Steele

Associate General Counsel

-'U, ~

"*W 1Enclosures . Complaint •2. Procedures 3. Designation of Counsel Statement SKADDEN, ARPS, SLATE, MEAGHER & F'LOM 919 EIGHTEENTH STREET, N.W. TELECOPIER WASHINGTON, D. C. 20006 (103) 193-3931 "--- 910 TIND AVENUE 2 (202) 463-68700

February 28, 1983

WMNONNbIYSAWRE 11 (30?) 429-U 0 . Charles N. Steele, Esq. General Counsel Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463

Dear Mr. Steele: The complaint filed on Friday, February 25, 1983 against the Friends of Douglas Schoen, the Greater Queens Improvement Asoito, Inc., and Douglas Schoen by Jedd Moskowitz contains a typographical error in the footnote on the fifth page of the complaint. The date listed as 1983 should instead be 1981 so that the footnote will properly read "A review of the FEC reports filed by the Friends of Doug Schoen Comittee for the 1981 primary also indicates that no disbursement for mailing labels was made to any other person." I apologize for any inconvenience.

Carol C. Darr

i i li. SKADDE:N, ARPS, SLATE:, MEAGHER & F'LOM .:

919 EIGHTEENTH STRET, N.W. ' TEEOIRWASHINGTON, 0.C. 20006 - I~~mlhrINDo AVltdUI I' (302) 33- 30 (202) 463 -8700 REW g~ +m 00o1

olE uplcowl smgg1v February 28, 1983 ,s~emomm m

MmOE LEYSQAREg

Charles N. Steele, Esq. = General Counsel Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463 Dear Mr. Steele:

The complaint filed on Friday, February 25, 1983 against the Friends of Douglas Schoen, the Greater Queens Improvement Association, Inc., and ___ Douglas Schoen by Jedd Moskowitz contains a typographical error in the footnote on the fifth page of the complaint. ~The date listed as 1983 should instead be 1981 50 that the footnote will properly read "A review of the FEC " ' reports filed by the Friends of Doug Schoen Committee C for the 1981 primary also indicates that no disbursement for mailing labels was made to any other person." I apologize for any inconvenience. 0

P Carol C. Darr SKAIDDEN, Amps, SeATIE, MAGIr,J £HN SiS*'[email protected]. STREETr..S WASNINGTON, O. C. 300O06

'fO SKADDEN, ARIPS, SLATE, MEAGHER & F'LOM 919 EIGHTEENTH STREET, N. WASHINGTON, 0. C. 20006 TELECOPIER SIB TIRDf AVENUE (2o3) 293 - 303 (202) 463 -6700 NEWT0R(, NEW Y0NR 0O023 (iII) 371-6O00 ON4E UCACON 5FRCCFE BOSTON,MASSlACMUSEI~T 01106 February 25, 1983 o~(617) o. 183-0002-7 WILMINOTON, 0EL.ARE 1060I (3033 41.- 100

Charles N. Steele, Esq. General Counsel Federal Election Commission 1325 K Street, N.W. Washington, D.C. 20463 - Dear Mr. Steele: At the request of£ Thomas J. Schwarz I am hereby , -'" filing the enclosed notarized complaint signed by Jedd *. Moskowitz against the Friends of Douglas Schoen, the ~Greater Queens Improvement Association, Inc., and Dougl t " Schoen.

S~~"/rey,

0D Carol C. Darr

Enclosure FEDERAL ELECTION------COMMISSION x

JEDD MOSKOWITZ, Petitioner,

-against- 0COMPLAINT THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOENRespondents.

... i Congressional District in New York and intends to vote at oDi the Special Election to be held on March 1, 1983 to fill I! the seat in the House of Representatives now vacant by reason (7% of the death of the Honorable Benjamin Rosenthal. o Summary of the Complaint 2. Based upon the information set forth below, C petitioner believes that the Friends of Douglas Schoen Committee , 9 i("the Schoen Committee"), which is the authorized committee for the election of Douglas Schoen for Congress in the 7th iCongressional District in New York, and Douglas Schoen, the Candidate, have accepted illegal corporate contributions in violation of 2 U.S.C. Section 441b and have accepted excessive contributions in violation of 2 U.S.C. Section 441(a) and that the Greater Queens Improvement Association, Inc. ("Greater Queens Corp."), which is controlled by Douglas Schoen, has made illegal corporate contributions to the Schoen Committee. As set forth in the Prayer for Relief at the conclusion of this Complaint, the Committee seeks immediate Commission action to rectify this violation, including expedited investigati n into this Complaint, prompt conciliation with the respondents, and the imposition of appropriate civil penalties. 3. The Schoen Committee became the authorized committee of Douglas Schoen by a Statement of Organization filed on October 19, 1981 and began filing reports with the Federal Election Commission on February 2, 1982 for the period October 23, 1981 through December 31, 1981. Thereafter, the 0 Committee continued to file reports with the Commission and ~Schoen continued to accept contributions totaling in excess " of $5,000 so that at all times he was a "candidate" pursuant Oto 2 U.S.C. Section 431(2)(A). 4. The Greater Queens Corp. had been formed in

December, 1980 by Mr. Schoen and others allegedly "to promote and improve the greater neighborhood of Queens County through active polling of the residents as to the problems which they feel are of the most immediate concern." The corporation' s office was to be that of Mr. Schoen's residence, 20 Continental Avenue, Forest Hills, New York. 5. During the latter part of 1982 it was well known in the 7th Congressional District in New York that Congressman Rosenthal was ill and might succumb to cancer which had been previously diagnosed. He eventually died on January 4, 1983. On November 9, 1982, almost two years after the creation of the Greater Queens Corp., but when it was becoming clear that there would be a special election, bulk mail Permit No. 958 was obtained from the Flushing Post Off ice for the Greater Queens Corp.

6. After November 9, 1982 the Greater Queens Corp. began to disseminate mailings to people within the 7th Con- gressional District promoting the name of Douglas Schoen and compiling a mailing list by requesting people to write back to Mr. Schoen expressing their concern for the issues,

Ob including that of Social Security. Attached as Exhibit A is a copy of the postal permit, as Exhibit B the Certificate of Incorporation of the Greater Oueens Corp. and as Exhibit 0 C a sample mailing made by the Greater Queens Corp. within the District.

7. After Congressman Rosenthal's death, Schoen formally commenced his candidacy for the vacant seat in the 7th District. A comparison of the labels on the mailings by the Schoen Committee and the Greater Queens Corp. demonstrates that the labels were printed by the same computer. However, a review of the Schoen Committee filings indicate that no payment was made by the Schoen Committee to the Greater Queens Corp. for the computer list and it therefore appears that an illegal corporate contribution was made by the Greater Queens Corp. to the Schoen Committee through the use by the Schoen Committee of the Greater Queens Corp. list. / 8. Furthermore, the expenditures of the Greater Queens Corp. were clearly "in connection with" a federal election. A comparison of the attached mailing by the Greater Queens Corp. dealing with Social Security and the Schoen Committee mailing championing Mr. Schoen's work in the District in connection with Social Security demonstrates that the ~corporate expenditures by the Greater Queens Corp. were intended o' to grease the skids for Mr. Schoen's candidacy and to provide I the basis for the statements made in the Schoen Committee ~mailing. Attached hereto as Exhibit D is a sample Schoen

Committee mailing. 9. It thus appears that the Greater Queens Corp.

has made an illegal in-kind contribution to the Schoen Coin- ~mittee of both the value of the mailing list and the value ~of the mailings made by the Greater Queens Corp. Since Douglas Schoen has been intimately involved in the Greater Queens Corp. the expenditures cannot be deemed independent from the Schoen Committee or Schoen. Furthermore, one of the original directors of the Greater Queens Corp., Helen Bergholz, appears to be related to a consultant to the Schoen Committee, Penni Bergholz, of the same address. See Exhibit B, page

*/ A review of the FEC reports filed by the Friends of - Doug Schoen Committee for the 1983 primary also indicates that no disbursement for mailing labels was made to any other person. 0o

3, and Pre-Election Report of the Schoen Committee, itemized disbursements, page 3 of 7, lines E and H. The Schoen Committee I~has therefore knowingly accepted illegal corporate contributions. 10. Finally, a review of the Schoen Committee Sfilings demonstrates that the Schoen Committee has accepted

excessive contributions from other contributors during the primary period. In at least four situations the Schoen Committee !accepted contributions in 1981 for the 1982 primary election ,in the amount of $1,000 / Thereafter, by letter dated July

~8, 1982, Exhibit E hereto, the Schoen Committee advised the i Commission that Schoen was not a candidate for the 1982 election oD (which, of course, was contrary to the definition of "candidate") ,' However, thereafter Mr. Schoen continued his efforts and

upon Congressman Rosenthal's death campaigned for the Demo- cratic Nomination at the Democratic Caucus held on February 0 9th, 1983. The Schoen Committee then received additional o $1,000 contributions from the same contributors prior to 9 the Caucus. Since the Caucus constituted the primary election O and since Mr. Schoen was a self-avowed non-candidate in the 1982 primary, the 1981 contributions must be counted toward the 1983 primary. Exhibit F attached hereto sets forth a listing of the excessive contributions received.

Prayer for Relief WHEREFORE, it is respectfully requested that the Commission find that the Friends of Douglas Schoen, the Greater

*/ In his Statement of Candidacy, received by the Clerk of the House on October 23, 1983, Douglas Schoen responded "district not determined" to box number 5 requesting the district and state in which the individual intended to be a candidate. !i 0

Queens Improvement Association, Inc. and Douglas Schoen have violated the provisions of the Federal Election Law including Sections 441b and 441(a) and that the Commission impose any and all appropriate penalties for the violations alleged herein.

7525 210 Street Queens, New York 11364

€II

C, I VERIFICATION JEDD MOSKOWITZ, being duly sworn deposes and says Ithat he is the Petitioner herein, that he has read the fore- Sgoing complaint and knows the contents thereof and that the Smatters alleged therein are true to his own knowledge except as to the matters therein stated to be alleged upon information Iand belief and as to those matters he believes them to be ;true.

',f Swpr n to before me this cfr' day of February, 1983.

• FNotary PublicU s,, rfT.,.oI KY ( t.' • :,:'.!, . ' P v:York

SOuaP!, inI *,.. 3. Co.inty Y)C rt~flc '- :"d:.e', Y ''kCounty Cornr,': ,:"x:; \ arch 30, 19, V S

Co 8.3040 J9S0 ,

. , . I I I.. .. I I I i APPLICATION•U. TO MAIL WITHOUTS, POSTAL. AFFIXINGSlERVICE POSTAGE STAMPS

APPUICANT: File at offce wheoe mali~ngs will be made with ruired fee.

,,,__ tI ,R 1,6 ,,biIV!/7

PIECES, IN EACH MAILING Q ,MI [1 .c.m NSeo 0

AaUIOPP OLETD uE LETED~ ,T*oCOcP'/o. au

POSTMASTER: Retain aipplecainon in your file. Who aprii d deliver aiushorizagion go peimua hlder. It • PS For 3601, May 1979 0

0 aO i ,: (ii) To encourage community interest in the safety i of the residents through community involvement in anti-crime i~ii programs in the streets, homes and in the subways;

(iii) To provide a forum for the community i through the polling of its residents in which the community ' can identify those issues which it feels requires attention by its members;

(iv) In further aid of such purposes, to solicit, apply for, receive, hold and disburse grants, gifts, , bequests, endowments and other funds; to employ such staff and : ~~contract for the services of such other personnel as may be . ~~~necessary; to elect or appoint officers, employees and agents .o ~~~of the corporation, define their duties, fix their reasonable 0 . ~~compensation and the reasonable compensation of directors, and i , to indemnify corporate personnel. 4

,.v)5. The city and county in which the corporation's . office is to be located is New York, New York. The books and records of the corporation shall be kept at 20 Continental Ave., ! If ~Forest Hills, New York ... ,.,

~6. The territory in which the corporation's activities < • are principally to be conducted are the County of Queens, City and State of New York.

7. The names and addresses of the Directors until the , first annual meeting are as follows: :,

-2-' w w

' I.,// /

Douglas Schoen ! 20 Continental Avenue " Forest Hills, New York ! ~Tina Seiler • 319 Beach 98th Street , ~Rockaway Park, New York -: Helen Bergholz ~~69-81 108th Street ! Forest Hills, New York

a 8. The post office address to which the Secretary o of State shall mail a copy of any notice required by law is .:o ,.. the Greater Queens Improvement Association Inc., d/o Bruce S. i; tfl - Brickman, tEsq,, -.122 East 42nd Street, Newt York, New York ..

o(: 9. The corporation is a Type A Corporation./ '

10. No part of the net earnings of the corporation -

,. shall inure to the benefit of or be distributable to any mem- i ~~~ber, trustee, director, officer of the corporation, or any :i/

private individual (except that reasonable compensation may be -i

- ~paid for services rendered to or for the corporation effecting ".l

one or more of its purposes), and no member, trustee, officer

of the corporation or any private individual shall be entitled .,,

to share in the distribution of the corporation. No substantial 1 . part of the activities of the corporation shall be carryng on :,l

propaganda, or otherwise attempting to influence legislation,.?,

or participating in or intervening in (including the publication T~i,

or distribution of statements), any political campaign on behalf .,. to such organizations as shall quality under Section 501(c)(3) + of' the Internal Revenue Code of' 19511, as amended, subject to", an order of' a Justice of' the Supreme Court of' the State of' New + York. Notwithstanding any other provision of' this Certif'icate .:i of incorporation, the Corporation shall not carry on any other

activities not permitted to be carried on (a) by a corporation i

exempt from the Federal Income Tax under Section 501(c)(3) of';?

the Internal Revenue Code of' 1954 (or the corresponding provi- 1

sion of' any future United States Internal Revenue Law) or Cb) by a corporation, contributions to which are deductible ; under Section 170(c) of' the Internal Revenue Code of' 19541 (or ':

the corresponding provision of' any future United States

Internal Revenue Law).°

I :0 11. The incorporator is of' the age of' nineteen (19) ";

years or over.

IN WITNESS WHEREOF, this Certificate has been signed '- by the incorporator this &3 day of' ee , :

19d0, and I do hereby verify and affirm the foregoing as true under the penalties of perjury. .

,,..: .I +.+. •.' ;. • , Se eckncorporator_ .6 ' ",,i MV.W4/ DecemberSworn to .&3,before 1980 me

: ,:". :i!

...... ++°.

• .v.'o Notary Public •, • [+;

CHRIf.TINENENRICl4 NOTAR?PFJLLIC', SLATE OF NEW YORK

QUAIIFtE3 IN NE?. Y lv( COUNTY COk't.~IS; C PIRLS U,AR{H 3,m |). ' '' CERTIFICATE OF INCORPORATION OF".,} :if) GREATER QUEENS IMPROVEMENT ASSOCIATION INC..i

~~UNDER SECTION 402 OF THE NOT-FOR-PROFIT <. C\J CORPORATION LAW

The undersigned, for the purpose of forming a corporation under Section 402 of the Not-For-Profit Corporation Law, " hereby certify:

S... o I. The name of the corporation is the Greater - queens Improvement Association Inc. "

a2. That the Greater Queens Improvement Asoito

i jInc. is acorporation as defined in Suprgah()5 fSection:t'i 0 ~102of tne Not-For-Profit Corporation Law. i''

~~~~3. The corporation has not been formed for pecuniary ¢'I::i,

~profit or financial gain, and no part of the assets, income or

profit of the corporation is distributable to or inures to the

benefit of its members, directors, or officers, except to the 0: if extent permitted under the Not-For-Profit Corporation Law.

4. The purposes for which the corporation is to be ., formed shall include, but not be limited to, the following: S

(i) To promote and improve the greater neighbor- '

hood of Queens County through active polling of the residents . :

as to the problems which they feel are of the most immediate

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have been flooded with calls an d letters expressing ./ concern aboutwhti happening with the Social . Security system.

Douglas Schon .

" Whatever proposals are considleredl to save the Social ...:~~ " Secunl system ...from going broke, Douglas Schoen and the' [: - G r;r Qee -Iprovement Association believe the l: flfollowing principles must be preserved:..... i:!i

1) Ilelsfor -eio - wnd -1 diaed cannot be cud!tl o2) Social Socud~ty Is soethingt the American people have paid for and i hoe earnedi tshold be mad universal. 3)1Gurante n seio cz a decent livng is more Importat than ~~spending billions of dolglars on expensive weapon systems.

PU OREFON IRECORD! : Dear Mr. Schoen.:., Please let the people in Washington know how important it is to protect Social Security. Also please send me reports on the changes being made in Social Security and how they affect me'

Name______

Address______

Phone______'snN ' I 1BZo.( IueUI@oOcdUl gut e e U fD~OS

SIYJ ...... AN 8ULI I ON UW1d -DI II ai Inwii lM a!i

Ad'VSSD3N IHNII i : " - i 3 V1Sq~d ON IN III I

I, US Postage

Douglas Schoen PermitngNo.l58I SGreater Queens Improvement Asoiton 20Continental Avenue >-'Forest Hills, New York 11375

CAR'ftT S3RY ** ClR 16 6kJEO I. IOSKDWITZ 7525 210 STREET QUEENS. N. 1. 11364

SOCIAL SECURIZTY ALERTn. Help protect your Social Security benefits and keep yourself Inftormed about what is happening to the Soca Securit system. Return the a~fttached postcje-free card today'! OS

€o e3O4O0,$ 9 1 1 0

can provide Queens with fresh, Intelligentledrhp

...... A graduate of Harvard College and Harvard Law School. one of the . :,.youngest recipients of a PHID from Oxford College at age 2... the author of two books on politics... "IJwould seek to provide Queens with independent leadeship, to fight against Reagan's Social Security and budget cuts that threaten vital Queens nterests, to seek more aid for our mass transit to pass new Slegisltion to aid cities in fighting crime, to protect tenants' rights, and to support IsraeL" Doug Schon Independent Democrat for Congress

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te¢ * 16 o5 i 40 • eg.* . ~~~~~. qQlee* k o~.,l *bSESS* 41~S... •mb *l l6el de~ro9 me Omees~s• eml

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,eta e,eta * e .* C,,.m.Uli',,. ,IB m** samie. Public Records Division TedoralI Flection Co. isstn 1325 K Street, N.y. AIl.Iy," .v,' Yo'rk 12210 Kashiriqton, D.C. 20463 %'w 1'.,. 1',,.rd of Flections TheKr. Clerk,r.dmiund L. Hq.-nshav, ,lr. U.S. FHouse of K~ey V',,k. ":. York I , Representat ivc' S OffTice of Records and -s. Peqi strationi 1036 Lonqvort~h House Office 1C. t2Idl nq U.S. flru~e of Representatives Th ash'inqto , D.C. 20515

Gent ler.+n: On behalf of the Friends of Do u~las Schoen Cornitte. e "Co.: ittee') a principal candidate ca~paiqn or*ttee,--wU-lereb', file the Cor, ittee's report of receipts and disburse. euit8 July iS. quarterly report.

In addition. I azn advising you by this letter that r:r. Schoen has decided not to be a candidate for election in 1992. Accordingly, it will be unnecessary for us to file pre-elcction reports. We intend to keep the Co..-=-i tre operative.

Very truly yours,

red Isquith £nc. "J.7',

Co ated ":ii', Name Report Period Targetedof Purpose Amount andDon of and ) . Contributor (Date) Donation (Total

A I! Selig Zises 10/23/81- Primary $1,000.00 c/o Integrated 12/31/81 i Resources . 666 Third Ave. (10/15/81) NY, NY i., 1/1/8 3- Democratic Caucus $1,000.00 2/9/83 of County Commit- tees (2/9/83) ( $2,000.0O0 ) ,

Jay & Susan Zises 10/23/81- Primary $1,000.00 d/o Integrated 12/31/81 Re source s 666 Third Avenue (10/15/81) SNY, NY

__Jay Zises 1/1/83- Democratic Caucus $1,000.00 2/9/8 3 of County Conumit- t,1 tees (1/13/83) ($2,000.00)

Andrew J. Schoen 10/23/81- Primary $1,000.00 S120 East 81st St. 12/31/81 NY, NY • "r (10/31/81)

1/1/8 3- Democratic Caucus $1,000.00 . 2/9/83 of County Commit- tees (1/6/83) ($2,000.00 )

Primary $1,000.00 Murray8 East Cohen83rd St. 12/31/81 NY, NY (Island Spun, Inc. (11/1/81) 366 Fifth Ave. NY, NY) 1/1/83- Special $1,000.00 2/9/83 Election

1/1/83- Special $500.00 Rosenman,Murray Cohen Colin, 2/9/83 Election Freund, Lewis & Cohen . i 830403951!l5 FEDERAL ELECTION. COMMISSION I

JEDD MOSKOWITZ,

Petitioner,

-against- THE FRIENDS OF DOUGLAS SCHOEN, GREATER QUEENS IMPROVEMENT ASSOCIATION, INC. and DOUGLAS SCHOEN, '

Respondents.

COMPLAINT 8304039 11I I 6 83R5? i :

...4:i.

Charles N. Steele, Esq. General Counsel Federal Election Comis~sion 1325 K Street, N.W. Washington, D.C. 20463

.LD._, .RM, .SL....ATE,:, MEAl.i. R &._i -.-..LOP. • "t .,

FEDERAL ELECTION COMMISSION . 11 25 K SIREEU N.W WASt ING1ON, D.C. 20463I

i 7

T!IIS IS THE BEGIH,|IING OF MUR # i5. l I I Dazte Filmed Camera No. -- 2

Cameraman ______

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