FLDLRAI. ELECi ION COMMISSION 144S S I R1I I N.W 1! THIS IS THE EN4D OF IILR Date Filmed .244ajLCamera No. --- sJ Camerama9n UR13. 0 4, FEDERAL ELECTI ON COMM-vISSION Ivw , A%~ / .* 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) I *(1) Classified Information (6) Personal privacy tn (2) Internal rules and (7) Inve stigatory iI' practices files (3) Exempted by other (8) Banking statute information (4) Trade secrets and • (9) Well Information •commercial or (geographic or financial information geophysical) 4- (5) Internal Documents Signed ~___ date 712;_ r' FEC 9-21-77 I.. I. FEDERAL ELECTION COMMISSION. WASHINGTON. P.C. 2o3 July 3, 1984 Thomas J. Schwarz, Esquire Skadden, Arps, Slate, Meagher and Flom 919 Third Avenue New York, New York 10022 RE: Pre-MUR 123 and MUR 1699 Dear Mr. Schwarz: On May 18, 1984, the Commission notified your Stein client, the '81 Committee, of a complaint alleging violations of certain sections of the Federal Election Campaign Act of 1971, as amended. This notification followed receipt of memorandum your letter and of May 4, 1984, in which you asked that the Commission address issues later raised in the complaint. The Commission, on July 2 , 1984, determined that on the basis of the information in the complaint and information by your client, provided there is no reason to believe that a violation of any statute within its jurisdiction Accordingly, has been committed. the Commission has closed its file in this matter. It will become a part of the public record within 30 days. Sincerely, Charles N. Steele / al Counsel Associate Gen al Counsel Enclosure First General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20*63' Thomas J. Schwarz, Esquire Skadden, Arps, Slate, Meagher and Flom 919 Third Avenue New York, New York 10022 RE: Pre-MUR 123 and MUR 1699 Dear Mr. Schwarz: On May 18, 1984, the Commission notified your client, the Stein '81 Committee, of a complaint alleging violations of certain sections of the Federal Election Campaign Act of 1971, as amended. This notification followed receipt of your letter and memorandum of May 4, 1984, in which you asked that the Commission address issues later raised in the complaint. The Commission, on July 2 , 1984, determined that on the basis of the information in the complaint and information provided by your client, there is no reason to believe that a violation of any statute within its jurisdiction has been committed. Accordingly, the Commission has closed its file in this matter. It will become a part of the public record within 30 days. Sincerely, Charles N. Steele General Counsel BY: Kenneth A. Gross Associate General Counsel Enclosure First General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON. D.C. 20463 July 3, 1984 George McDonald 211 East Slat Street New York, New York 10028 RE: MUR 1699 Dear Mr. McDonald: The Federal Election Commission has reviewed the allegations in your complaint dated May 9, 1984, and determined that, on the basis of the information provided in the complaint and information provided by the respondent, there is no reason to believe that a violation of the Federal Election Campaign Act of 1971, as amended ('the Act"), has been committed. 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 action. 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. 0 $ 437g(a) (1)and 11 C.F.R. S 111.4. Nr C"! Sincerely, 4T Charles N. Steele 7? Ge Couns BY: nes Associate Gene al Counsel Enclosure First General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463. George McDonald 211 East 81st Street New York, New York 10028 RE: MUR 1699 Dear Mr. McDonald: The Federal Election Commission has reviewed the allegations in your complaint dated May 9, 1984, and determined that, on the basis of the information provided in the complaint and information provided by the respondent, there is no reason to believe that a C5 violation of the Federal Election Campaign Act of 1971, as amended ("the Act"), has been committed. 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 action. 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. o' $ 437g(a) (1) and 11 C.F.R. S 111.4. 0D Sincerely, Charles N. Steele General Counsel BY: Kenneth A. Gross Associate General Counsel Enclosure First General Counsel's Report BEFORE THE FEDERAL ELECTION COMMISSION In the Matter of ) Pre-MUR 123 and MUR 1699 Stein '81 Committee ) CERTIFICATION I, Marjorie W. Emmons, Secretary of the Federal Election Commission, do hereby certify that on July 2, 1984, the Commission decided by a vote of 5-0 to take the following actions in Pre-MUR 123 and MUR 1699: 1. Merge Pre-MUR 123 into MUR 1699. 2. Find no reason to believe that Stein '81 has violated the Fderal Election Campaign Act. 3. Send the letters attached to the General Counsel's report dated June 27, 1984. 4. Close the file in this matter. Commissioners Aikens, Elliott, McDonald, McGarry, and Reiche voted affirmatively for the decision; Commissioner Harris did not cast a vote. Attest: Date Marjorie W. ns Secretary -of the ConmiLision Received by the Commission Secretary on June 28, 1984 at 9:54 a.m. Circulated to the Commission on.,sune 28, 1984 at 4:00 p.m Deadline for voting: July 2, 134.at 4:00 p.m. FEDERAL ELECTION COMMISSION WASHINCTON. D.C. 20463 MEMORANDUM TO: Office of the Commission Secretary FROM: Office of General Counsel DATE: June 28, 1984 PM 123 SUBJECT: & MUR 1699 - First 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 [x] Compliance [X] Sensitive [x] Non-Sensitive [ ] Audit Matters [ ] 24 Hour No Objection [ ] Litigation C I Sensitive [ ] Non-Sensitive [ ] Closed MUR Letters Information [ ] Status Sheets [I] Sensitive C I Non-Sensitive Advisory Opinions [I] C I Other (see distribution Other below) C I FEDERAL ELECTION CO sU..ON .FFK EIVr 1325 K Street, N.N Washington, D.C. 20463 FIRST GENERAL COUNSEL'S RPOR 8 JUN 28 A9: 55 DATE AND TIME OF T NSMITAL ByOGC Pre-MUR No. 123 TO THE COMMISSION MUR 3. 1 i ~ ~ ~ U I NO,--iI DATE SUA RQS10B RES ATENTTMay1rON RESPONDENT Maly 18,# 1984TO COMPLATNANT' S NAME: George McDonald RESPONDENT'S NAME: Stein '81 Committee RELEVANT STATUTES: 2 U.S.C. S 441a(a) 2 U.S.C. S 441b 2 U.S.C. S 433 2 U. S 434 INTERNAL REPORTS CHECKED: MUR I ndex AO Index SUMMARY OF ALLEGATIONS On May 4, 1984, counsel for the Stein '81 Committee and the Stein for Congress Committee submitted to the Commission a request for an investigation into certain issues involving expenditures made by Stein '81 which had been cited in the April 19, 1984, issue of Town and Village as possible violations of the Federal Election Campaign Act (" the Act"). This request has been designated Pre-MUR 123. Stein '81 is registered in the State of New York as Andrew Stein's committee for his 1981 campaign for the presidency of the Borough of Manhattan. The Stein for Congress Committee is Mr. Stein's authorized committee for the 1984 campaign for the U.S. House of Representatives in the 15th Congressional District of New York. Mr. Stein filed his Statement of Candidacy on February 17, 1984. -2- The specific issues into which counsel for the above committees has requested an investigation are whether any violations of the Act have occurred as the result (1) of the expenditure of surplus campaign funds by Stein '81 for certain mailings, and (2) the repayment of a debt owed D.li. Sawyer and Associates, Ltd. Counsel submitted a copy of the April 19, 1984 issue of Town and Village cited above, as well as a copy of a follow-up article in the same publication dated April 26, 1984, and copies of newspaper articles and of letters, meeting announcements, etc., which assertedly constituted the mailings questioned by Town and Village. On May 15, 1984, the Commission received a complaint dated May 9 from George McDonald which has been designated M4UR 1699. Tn this complaint Mr. McDonald states that reports filed by Stein '81 in 1983 and 1984 show receipt of corporate contributions and of contributions from individuals in excess of $1,000, and that during the same periods no "active re-election campaign for Borough President was being conducted.* The complainant cites allegations that voter lists have been compiled by Stein '81 "which relate only to the 15th Congressional District" and that Stein '81 has paid for mailings exclusively within this district. Attached to the complaint were copies of the Stein '81 financial disclosure reports cited in the complaint and copies of articles from the April 19, April 26, and May 3, 1984, issues of Town and Village.