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I
FEDERAL ELECTION COMMISSIONWASHINC TON. D C 204b]
THIS IS THE WGL'4%FMrUR # 4- "9
DATE F I LID II___ CJI4ER NO, ___
CMERNWI al___
ccjr'oil jcimes9204 SUMMIT ROAD *SILVER SPRING, MD 20910
(301) 588-8324 *FAX (301) 588-8323
January 13, 1994 fyi) t U (4 '~TO:Mr. Lawrence Noble, General CounselFederal Election Comission .I999 3 Street, N.W.Washington, DC 20463 d
This is a f ormal complaint. Money is owed me by the Ben Jonesfor Congress Comittee (GA-6th) for voiceovers I performed ontwo occasions in October. The coittee was billed on October20 and 25 at Mr. Jones' box number, per his instructions. Theywere later sent to the box number the FEC provided me. (Copiesare enclosed.)
The total amount owed is $1,745.53. One check is to be writtento me for $1,565.53, with a check written to AFTIA (AmericanFederation of Television & Radio Artists) Health & Retirementf or *160.00.
Your Disclosure Department forwarded to me the D Schedule fromthe committee's Post-General Report. This debt does not appear.Your people say that is a violation of the law. After beingassured by Ben Jones that the money would be paid, and therewas no problem, and that he would sign the One-Time AFTRAcontract, he now does not return my phonecalls. RaymondPatrick,, his treasurer says he agreed to be treasurer in nameonly was a f riend."
I am turning this matter over to the union to coUect.
Car±U . JaesJr
4 ' 14jutj
*@0crmroI james *q9204 SUMMIT ROAD *SILVER SPRING, MD 20910
(301) 588-8324 *FAX (301) 58848323
October 25, 1994
a-',
Ben Jones for Congress Cute.P.O. Box 1661Covington, GA 30209
I. Voiceover at Harriman Corns Ctr on TV.10 spot for Ben Jones for Atlanta
2. Re-do spot, same session, session fee
2. For FICA, Unempi. Tax, etc.
Less 10% discount for payment by 11/13/94
S 369.09
333.30
178. 06
S 880.45
S 792.40
Please make out check to Carroll James for $792.40.
Please make out check to "AFTRA P & H" for 88.85.
Please complete and sign In upper left box on ProductionReport.
And remit them to: Carroll James9204 Summit RoadSilver Spring, MD 20910
GROSS
NET
Carroll james920 SUMMIT ROAD * SILVER SPRING, MD) 20910
(301)56886324 9 FAX (301) 588-8323
F,
October 20, 1994
Son Jones for Congress Cate.P.O. Box 1661Covington, GA 30209
1. Voiceover at Good Advertising on TVspot for Ben Jones for Atlanta
2. Radio spot, asm session, same market
2. For FICA, Unempi. Tax, etc.
Less 10% discount for payment by 11/13/94
S 369.09
193.40
L2 5
$ 705.08
-TO. 5
S 634.57
Please make out check to Carroll James for $634.57.
Please make out check to "AFTRA P & H" for 71.15.
Please complete and sign in upper left box on ProductionReport.
And remit them to: Carroll James9204 Summit RoadSilver Spring, MD 20910
GROSS
MET
mmmw U
tv awu mir
rco Sf;;Q"0T6i
P.O. Box 07.96ra iUPSMFsew
Wafetta, CA 30067 VE
o ~ toOU0"Fo
^V'5OAV 1
r]owo**t A
4. Type OF REPORT0 rwomalowovm
-11b0812A4..... em S'-mC_____
Q 31 MW'YN MIst fagsvs VWp Or*~ QOO~ fetpr~ noN1eeO A n%ar0e P a"fv"cfv
Oh N~*b~m"W 0"Iw
"is
W Y 5 71.05
00 ~ g Towbm .- qsmm P4-tf"U
I .. I9 ~ U 1 . . ....- .. ... ...
f" TOW Olukf a Op$" h.(k h 4) ....
816571.05
120g583.13
1)020*160220
Int -AA2 -24
309o532.23
590.32 1 2a153.04
119994.8100 j 3074379.21
Cs anHWdCm f1fdktmt).......... 699.67 ft6woa
W-0* ob '61 --- ow-- e - - I- H~Met
r.gwtoan OeWOC ~w sttk )............... ... F40wmoApum
__ - 13,530.34 r~ed No 406V
I tfv ffmt i Uv* .v*lkwd INS RAgOVI "n to the C't off/r Imod &grdt.v# 1 q i
bert S. Kamn Assistant Treast :er
PqOTVS b~io~' *~. vi*
KIL FEC FORMI 3cr.WW.447)
I mtoo
r-_ --- 1- M= . =- . - - -
4 r, - - - ---l- - - WIM-w-m- --
VwonI x-n~~
r l8 iO - ~ I~ S j., .3 1fo --- R
LiHY94 1/8/9
in~w771
11% a A O. ..
-SOALWM . -
it.~i
T O T M .L O A I~ ~ ~ .a .....S- . .. .~ .. ....- .. -
It TOTAL PF4 VS (60 11K', It 1lI, 14 W 'It .............
S TcPAUNW@ O OM~I-~--.-.. -o% 0MfTV-. .........
PTOTA WARMAWT~ I
W P C.- . .... ......
(TOTAL COkEIIWUTIN PtlOS(M G*.. d c
"1.TOTAL OISSUASVM)IS (Wla 11 IW 16( 0(4 WWII1).......... ..-..
Al qiinq~
....t .......IA I9- - -- - -
I--~d
;~ If
1 e* tOO AALiL.....Aftt3.ILJJ
I
"w
sl"
016
toot14
no
-- U
P3 CASH ON MANO AT K0N*4 OF AE"OTIM4 P0 ... .... ..........................
S4. TOTAL RECE~1StS PERIO" ImW ........)..............
26. pJ9IOTAL (00 W t3 ii4 U* 24) .............. - .... ... .. ................
3t. TOTAL OSUflShIwts TM4 PEPRICOM (fo Lto .................).......
p. CASH ON HANDO AT aLOSI OF THE Rf.PORTING PIRO (WGd W 26 tM M .....
_ __d -__ _ .- rn r - -
I
I 'aa12-3-v ID
-I 2*851 -1 3q 6 7 - M
I - MW
-------------
'ICA
I
----------a Aj% 42 a 4 1 C1 AA
(4j
SJE1 J0w.3 FOR COIGRFSS
Shirley Murphy459 Candlet StreetAtlanta, CA 30307 0 .01440
Ilarrimlaft Commni'UlCatiOflU Center430 South Capitol street I724Wahinigton# D.C. 20002172415.7
'Vashingtofl. D.C.
tutdJraIstflS consultin Z NA'~~~ ~~
S1350 Confl.ctuit Ave.%,0 Washington, D.C. 20036 2O.020.000
MRIe ttA A 30060o"i.f- .
S it s 170dThsPg (0n1
Miritta CA 30060 3___003.01
3TOTAL QVTSTANW ONO from 6Cfd'eV% Cs NWPOPs
4) AOO 2) WW~ 3) &-4 c&Mw IoW*a, 0 spvOPM1f we. of S~vww P ols *ti p l@#y).
ieTii'ie AgreemientIIIobhiow I= I 6 SWMM A~ Owy=MD 2315 WR
Ben Jones for Congress Committeecam~ift7Oj6.
Marietta. '~oo67
agrees to adhere to all Ohe provisions of the AFFRA and SAG hidustrial and
Radio and Television Commercial Contracts for the following work
Television & radio commercials (JAMTAA recordei
1O~~~?O & 2~/~qQJ4
) , , MiI,
iut&Vb1(M4w*
i2
cafely esI./0L9b/ 4
w
I*-*
10/20 & 2 /1904
I
FEDERAL ELECTION COMMISSIONWA$HW4CTOP. 0C 20463
January 20, 1995
Carroll S. James9204 Summit Roadsilver Spring, RD 20910
RE: NUR 4169
Dear Mr. Janes:
This letter acknowledges receipt on January 17, 1995, ofyour complaint alleging possible violations of the FederalElection Campaign Act of 1971, as &mended (Othe Acta). Therespondent(s) will be notified of this complaint within fivedays.
You will be notified as soon as the Federal ElectionCommission takes final action on your complaint. should youreceive any additional information in this matter, pleaseforward it to the Office of the General Counsel. Suchinformation must be sworn to in the ese manner as the originalcomplaint. we have numbered this matter NUR 4169. Please referto this number in all future communications. For yourinformation, we have attached a brief description of theCommissionts procedures for handling complaints.
Sincerely,
7r't9-4,
Mary L. Taksar, AttorneyCentral Enforcement Docket
EnclosureProcedures
V
FEDERAL ELECTION COMMISSION
WASHIP4CION. D C 2046) nay2.19
Raymond L. Patrick, TreasurerDon Jones for Congress CommitteeP.O. Box 671956Karietta, GA 30067
RZ: flUS 4169
Dear Mr. Patrick:
The Federal Election Commission received a complaint whichIndicates that the son Jones for Congress Committee and you, astreasurer, may have violated the Federal Election Campaign Actof 1971., as amended (Ith& Act'). A copy of the complaint Isenclosed. We have numbered this matter MMu 4169. Please referto this number In all future correspondence.
Under the Act, you have the, opportunity to demonstrate inwriting that no action should be taken against the Committee andyou, as treasurer, in this matter. Please submit any factual orlegal materials which you believe are relevant to theCommissionts analysis of this matter. Where appropriatesstatements should be submitted under oath. Your response, whichshould be addressed to the General Counsel's Office, must besubmitted within 15 days of receipt of this letter. If noresponse is received within 15 days, the Commission may takefurther action based on the available information.
This matter will remain confidential in accordance with2 U.S.C. I 4379(a)(4)(9) and S 437g(a)(12)(A) unless you notifythe Commission in writing that you wish the matter to be madepublic. if you intend to be represented by counsel in thismatter, please advise the Commission by completing the enclosedform stating the name, address and telephone number of suchcounsel, and authorizing such counsel to receive anynotifications and other communications from the Commission.
if you have any questions, please contact ae at (202)219-3400. Fot your information, we have enclosed a briefdescription of the Commissiones procedures for handlingcomplaints.
Sincerely,
eyru" f . -rah5&x-
Mary L. Takear, AttorneyCentral Enforcement Docket
inclosuces1. Complaint2. Procedures3. Designation of Counsel Statement
cc: Don Jones
BEN JoNEs FOR CONGRESSr (f EB Z 1?. 0 3 '95i
PME reqeud to:
I" Advwee SteSuke 225Mwdf, GA 3WV)(4114) 024-151*
February 1, 1995
IM Ov NEIGH MAIL
Mary L. Taksar, Esq.Federal Election Commission999 E Street, NWWashington, DC 20463
Re: MTR 4169: Ben Jones for Congress
Dear Ms. Taskar:
This letter will respond to the Federal ElectionCommission's letter of January 20, 1995, received by the BenJones for Congress Commiittee on January 27, 1995. TheCommuission's letter was prompted by a letter of complaintfiled by Carroll James, received by the Commnission onJanuary 17, 1995.
Attached please find three exhibits, demonstrating thatthe Committee was under the impression that Mr. James hadagreed to perform voiceover work on a volunteer basis; that,at best, any money alleged to be owed is a disputed debtunder 11 C.F.R. S 116.10(a); and the earliest any disclosureof the debt should have been made was in connection with theyear-end report, and, in fact, such disclosure was made:
Exhibit A is an Affidavit from Ben Jones, thecandidate, indicating that Mr. James had called and offeredto provide voiceover work on a volunteer basis.
Exhibit B is a letter from Mr. James, dated December31, 1994, demanding payment. Although the Committeereceived the demand letter after December 31, the amounts
P.O0 Box 07 1956 MARIETTrA, GEORGIA 30067 (404) 498-7942Pa~d f~, Ben )0mes hV CkM~rV$ .4R
Mary L. Taksar, Beq.Federal Election CommisasionFebruary 1, 1995
claimed to be owed by Mr. James are included in theyear-end report, relevant portions of which are attachedas Exhibit C.
In light of this information, we would ask thatthe Complaint be dismissed. Should you need furtherinformation, please call me at (404) 424-1500.
Robert S. KhComittee Counsel andAssistant Treasurer
EN mzMaaooi.
ADIS:/6rZAjd.r' h-~ SYtik 22 -s
TKm SmNi: YO_________V __-I______0
pot"
The above-named Individual is hereby designated as my
counsel and is authorized to receive any notifications and other
communications from the Commission and to act on my behalf before
the Commission.
RESPOIDTOS KANE:
ADDRESS:
HONE PS01:
BUSINESS PHON:
J0 Jues-r J-
a C1~6 6Oo7
9LO~s-932S
SAT3 01iW izC0TT 01 a Mo
A V IDA V ZT
PERSONALLY APPEARED before me, an officer dulyauthorized by law to administer oaths, BEN JONES who afterfirst being duly sworn, states:
1. My name is Ben Jones, and I am competent in allrespects to testify regarding the matters set forth herein.In 1994, I was a candidate for Congress in the SixthCongressional District in Georgia. I give this Affidavitvoluntarily, and I understand that this Affidavit will beused by the Ben Jones for Congress Camittee in response toa Complaint filed with the Federal Election Commtission byCarroll James.-
2. 1 announced by candidacy for Congress in March,,1994. Shortly after my announcement,, I was contacted byCarroll James, who introduced himself by telephone. He saidthat he was a *voice talent' who had done many voiceoversfor political commrcials. At that time, he also said thathe had never before volunteered his services for a campaign,but disliked my opponent so intensely that he would make anexception and asked me to call him if ever he could be ofhelp. Not knwing Mr. James, I asked several people in the
0 Washington, D.C. advertising cosufinity of his reputation andthey said he was a professional.
3. In late September or early October, I called Mr.James and asked if his offer was still good. He said itwas, and arranged to record material at a mutual friend'shome studio.
* The foregoing is true and correct to the best of myknowledge and belief.
BEN AQ E/
Sworn to and subscribed beforeme this __day of January, 1995.
Notary Public
EXHIBIT A
car james9204 SUMMIT ROAD *SILVER SPRING, MD 20910
(301) 5888324 0 FAX (301) 568323
December 31, 1994
mr. Raymond L. PatrickSon Jones f or Congress CommitteeP.O. Box 671956Karietta, GA 30067
Dear Mr. Patrick:
I got your name from the Federal Xlection Commaission. I didradio and television voiceovers for The Ben Jones for CongressCoittee at Ben's direction. There were two sessions,, one atthe studio of Ben's wife's first husband, and the second one atthe Harriman Center with copy provided by Strother DuffyStrother.
Your committee owes me $1585.53 plus whatever late paymentpenalties the union (A7TRA) may have assesed. A payment of9160.00 is also due AFYRA Health & Retirement.
In addition to the money owed, the One Time Agreement has neverbeen signed, though Ben promised on various occasions that Itwould be. The form was not available at the first studio, andrather than refusing to do the session,, I went ahead, uponBen's promise that he'd sign and return It imediately.
Kindly sign the agreement Imediately, and send It along withthe money owed (including the check f or AFTRA HAR) to me. Iwill forward that check to the union. If you are not able tosend the money in the first week of January, please let me knowwhen I may expect it this month.
Sin ely,,
roll S. James,,
cc: AF'?RA, Wash alto, ocal
Enclosures
EXHIBIT B
9204 SUMMIT ROAD *SILVER SPRING, MD 20910(301) 51861324 * FAX (301)566623vMbr1,14
Novemb; 10 1994O~A!7®O®a-Sen Jones for Congress Cute.P.O. Box 1661Covington, GA 30209
1. Voiceover at Good Advertising on TVspot for Ben Jones for Atlanta
2. Radio spot, same session, saime market
2. For FICA, Unempi. Tax, etc.
as ~ ~ UU5 MWU dfe w wb ftw W
S 369.09
193.40
142. 5P
* 705.08 GROSS
* FO 2:.c
DISCOUNT DATE HAS PASSED.PAYMENT I S REQUESTED.
Please make out check to Carroll Jams for $705.08.
Please make out check to *AFTRA P & H" for 71.15.
Please complete and sign in upper left box on ProductionReport.
And remit them to: Carroll James9204 Summit RoadSilver Spring, MD 20910
James, Jr.
K
b7 H068
ccwroIl james920 SUMMIT ROAD *SILVER SPRUIG, MWD 20910
(301) 566624 *FAX (301) 50M32
Nevember' 14, 1994'dt. , -a:OEWYJ®O®Ltoo
Sen Jones for Congress Cate.P.O. Box 1661Covingiton, GA 30209
1.Voiceover at Harriman Comas Ctr on TV
:10 spot for Ben Jones for Atlanta
2. Re-do spot, asa session, session fee
2. For FICA, Unempi. Tax, etc.
$369.09
333.30
uiS, 0
*880.45 GROSS
__7w .. NE
DISCOUNT DATE HAS PASSED.PAYMNT I S REQUESTED.
Please make out check to Carroll James for $880.45.
Please make out check to "AFTRA #'& fe for 88.85.
Please complete and sign in upper left box on Production
Report.
And remit them to: Carroll James9204 Summit Road_Silver Spring, MD 20910
Car r 4s, Jr .52-
AM - no A -. -. at br Wi909*
sen Jones for CongressWOM0 - - Q OW0w
P.O. Box 671956
arT. STATE Wii ZI COOkMarietta, GA 30060
o 0uA150 dAa'01s'
ja nuaey 31 Vow End AWpi
Q Jul 31 "&VOW Ampoi (Non -1-A" - Year Onto)
4. TYPE OF REPORT
ml -co n an pn t hei PieGmem t s o
______________m~a -- in owat Go _____________a
Twwina oAhpolto
SUMMARY
5. Cave'rigPomd- .. J1/2124 - tw*~ _12/3194
a) TWC*b* uU~ed'Sfn bos)" LMn I'(@)) .............--
(W TOWd Cwrbe ovid PamI Ul am)S ~ ...........................
(C) Hal CaW~am (W i lowse) (&"W LMn 6(M) rom OWe)....
7. Not Operig EWdkMM(a) TOo - ft r E*iWd~ieft (kfro LOWe 17)............................
(b) TW Offsets to Oper" Expendure5 (t" Lmn 14) .............
(c) No COperig EvspenaSS (hIua Lowe 7(b) from 7(a))....L.......
a. Cash on Hod at Clanm aApo"li Period (from Line 27)................
*. Deft and ObIgabon Owed TO fte Commile(temnize sA anl Schedule C and/or Schdule 0) ......... ...............
10. Debts and Obi"Oiwed BY fte Comiyfe(tlNomze an on Schedule C andfor Sch'edule 0).........................
ICOuin AI~ IMtlde
9'r919. 00
~I cew* a I
312v081 .20
-0- 1 500.00
9. 919.00
9, 514.65
311. 581.20
319,046.90
647.29 1 2800.33 .
8. 867 .36
251 .31
22, 118.08
316.246.57
*~ 6 ined~aii
ME SVeat. W
Tof Free 800424-M
cefl* thit I Uve examined fth Report -W to fth best of my knowldge and b@We it is ti. ooTfct ~ W
ZType or Print Namne of Treasurer
LL---7, 7 7,fNOTE Subm~nI~IN of tis". erroneous. or wcwte infomiatiofl may suecI the person sqv u is ReWion to the penalties of 2 U.S.C §4379.
FEC FORM 3(revised 4187)
L-- -2
I I I IIEXHIBIT C
A]
~Rgaw -Id OIWOWmLPI.PC a
11. $Ef~lN w %N OM
.s ... . ...1 ~ ...................................
(b) P~ P"~ CO WM .. ................I....
fc) 0mw Ptlasl COm Ms ON& ai PACO) ....... . ..................
(a) TOTAL COI TU I ON *a kimi; 00d 1 IWa(). (b). (c) W4d (4)...
50.00II
6 155.00
312.08120
12 TORANSFERS FRO0M OTHER A3JTHOAM EObfrS ... ............ ......
(8) MilistO uMs Wby ftCwdd ... ........... . .~ .............. 3, 0 0
(b) AlOpmLam ........... ............... ____ o
(c) TOTAL LOAN4S la' S W 1W J ) ............................... .......
14.O SETTOOEMTNGEEROES~.~). .... 647.29 2r800.33
it. OTHER RECE MPTS if No a ft.~).-..................................----
10TP. T EAL PTS IM 10 12 It 113K 14 aid 11. ................. .......
17. OPERATING P N XFtR 3--- ---- ------------------.----------- ------------
10-566-29
9.51 465
317s681 .53
119
s.TSESTO OTHER UTIOrMCOMTTEES.---... ............................
19. UM 1"AVW4TS -w 4~Of s nf o wfw tw sb ft iMW .... ........... 1,500.00 1 5
poo m ommum .............. .......................... I..............
(CO TOTAL LOAN FA'MEMT (mU 19a) WiW ).............. --- ... .Soo2. RERUMS OF C4TS1A WONS TO
(b)hP*kCTw~t. .. .P. ...s00s.
(c) 0ome d Cowwmm (such as PAC) ...... _____
(d4 TOTAL COI4TFSUTK) RERMIS OWU 20(a). (b) aid (0) .....
21. OTHER DISBURSEMENTS .. ........ .... . .........
22.TOTAL DS8UREMENTS (O 17. 1 &I 9(c). 20(d) S 21) 1,1.531069
M. CASH SUMMARY
23. CASH ON HAND AT BEGINNNG OF REPORTING PERIOD $
24, TOTAL RECEIPTS THIS PERIOD (trot" Lma 16) $ 10,566.29
25 SUBTOTAL (&W Lro23 &W Lme 24) .... $...... ... 11,265.96
26 TOTAL DISBURSEMENTS TIS PERIO(IrormLrae22) $ 11,014.65
27. CASH ON HAND AT CLOSE OF THE REPORTING PERIOD (subtrac Low 26 from 5) ..... $...... 251 .31
31 n7
Nome
L
9. 1 . 0
4~a Zoe" far cmresf
Shirley Murphy459 Candler StreetAtlanta, Ga. 30307
%rr SMan n cat one eter430 South Cagpttl Street
WasingonDC 0002
Creative Campaign230 G StreetWashington,. DC
57Mr;YsngConsulting
WUC. Inc.166 Anderson StreetSuite 170Marietta, Ga. 30060
- 10 -I -
Perkins Cole607 14th St. , MWWashington, DC 20005
P. FW - -~ @ Atw~ d ZVCot OeWw or Cmuw
Fraioli /Jost555 New Jersey Ave.Washington, DC 20001
11878.34 13350.00 13828.34 11400.0)
5971.55 0 15971.55
0 5439.87 41589-97 2850.00
Vendraisin~g
1) SUSTOTALS Ths Penod The Page (opemoal 18.873..SS
2) TOTALS The Pen d po~pag in toi bw ont)______
3) TOTAL MITSTAI0N LoANS from Sdoed~m C (past peo~y I14) ADD 2) "n 3) end cwq Ioiww to mwopnate kve d Summaty p&"s ps page onl)
1000.00
1752.47
5899.53
1000.00
1752.47
589.0.53
"Ve jadinsf "ee
V MW
a"e Jome$ toe Voqes
Carroll Jams9204 Sulit RoadSilver Spring*, HD
in~ WM00% I
20910
voiceovier&Q=" ;alMVvtoaw"
AFTRAc/o Carroll James9204 Summit RoadSilver Springs, HD 20910
(see mem)
-0- 160.00 1 -0-
MO. 1' rNi "W0fttovw
Mm WI-. g* us 1veilgoal
""o 4 #%"s*
P.FvNM11 Pd *4ftm NiZJP C~s i Oe~Sw uCee
1) SUBTOTALS ThIS Panod Thus Page (oj0W4a4 1,1745.33
L
160.001
2) TOTALS This Penod (t paop in Ons h or~y) 20j618.88
3) TOTAL OUTSTANDING LOANS from Sdwdeds C (0a" pag only) 1 ,500.00
4) ADO 2) and 3) and ca"r forward 10 rOnat* WOs Of Sumrv&Y Pa90 Plast PaOP 0r#y) 122,118.88
MWb"4110WV%*u*
1WWqd0"0%0P"*
-L-A PON awftaboner
wI
caciI jclmes W
rFebruary 14, 1995
Ms. Mary L. TaksarFederal Election Commission999 E Street,. N.W.Washington, DC 20463
RE: MUR 416 9Dear Ms. Taksar:
C -~
Yesterday I spoke with an FEC staff member who told me it was -
not your policy to provide me with the response of Ben Jones' .committee before you make a recommendation. The logic of thisescapes me, because it does not provide me the opportunity toaffirm or make objections to their response, allowing yourrecommendation to be more complete.
I spoke with Robert S. Kahn,, Assistant Treasurer at the end oflast week. He told me that the committee had responded, andthat the claim was disputed. I said, *Disputed?* He said thatBen had thought I was donating my services. He said I hadcalled, saying I really wanted to see Newt Gingrich defeated,and would like to do his spots. I said that that Is true,, butat no time did I say or inf er that I would do them gratis!As f ormer president of the Atlanta Branch of the Screen ActorsGuild, Ben should know that neither of our two unions wouldallow me to do that. As a national board member of SAG, I wouldnot think of doing such a thing. And I understand that itma y be illegal f or someone to donate such services.
Furthermore,, in my discussions with Ben,, I asked where to sendthe invoice,, and he gave me his box number. When the money waslate, I asked Ben if there would be any problem getting it. Hereplied, "Oh, no." I think it was after that discussion that myphonecalls were not answered. The important thing is that inthose discussions at no time did Ben Jones .:ay anythingalong the lines of "I thought you were doin~g this as a favor."So it is outrageous for the committee to claim this as an"o ut."
Mr. Kahn told me that since I complained to the FEC, that "tiestheir hands" and they cannot make a settlement with me. At thistime,. I have received no money, and the AETRA contract form hasnot been signed and returned.
Sincerely,
Carroll S. James, Jr/
ia,'. . -
9204 SUMMIT ROAD * SILVER SPRING. MD 20910(301) 588-8324 9 FAX (,301) 58.8-8323 FLB bD 8 51 kul obI
vc
FEDERAL ELECTION COMMISSIONWASHING;TON. DC 2040~
March 16, 1995Carroll James9204 Suit RoadSilver Spring, Maryland 20910
RE: NUR 4169
Dear Mir. James:
Thi5 letter acknowledges receipt on February 16, 1995, ofthe supplement to the complaint you filed on January 17, 1995.The respondents will be sent a copy of the supplement. You willbe notified as soon as the Federal Election Commission takesfinal action on your complaint.
Sincerely,
Mary L. Taksar, AttorneyCentral Enforcement Docket
FEDERAL ELECTION COMMISSION%%ASHINCtON. U( 20%61
March 16,, 1995
Raymond L. Patrick, TreasurerBon Jones for Congress CommitteeP.O. Box 671956Marietta, Georgia 3006?
RE: MUR 4169Ben Jones for CongressCommittee and Raymond L.Patrick, Treasurer
Dear Mr. Patrick:
On January 20, 1995. you were notified that the FederalElection Commission received a complaint from Carroll S. Jamesalleging violations of certain sections of the Federal ElectionCampaign Act of 1971, as amended. At that time you were given acopy of the complaint and informed that a response to thecomplaint should be submitted within 15 days of receipt of thenotification. Your response was received on February 2, 1995.
on February 16, 1995, the Commission received additionalinformation from the complainant pertaining to the allegationsin the complaint. Enclosed is a copy of this additionalinformation.
if you have any questions, please contact me at (202)219-3690.
Sincerely,
~PC~~4
Mary L. Taksar, AttorneyCentral Enforcement Docket
Enclosure
9204 SUMMIT ROAD *SILVER SPRING. MD 20910(301) 588-8324 *FAX (301) 588-8323
June 14, 1995
Lawrence Noble,. Esq.General CounselFederal Election Commission999 3E Street, N1W.Washington, DC 20463
ATTN: Mary L. Taskar, Esq.
RIC KUR 4169:* Son Jones fox Conaress
on January 17, 1995, 1 filed a Compaint against the Ben Jonesfor Congress Committee. I have resolved my differences with theBen Jones for Congress Committee, and hereby withdraw anddismiss with prejudice the Comlaint, and ask that the FECdismiss the Complaint with prejudice.
Si rely,
Carroll S. James, J
.4.w - .I ' R
hir,"YP WkCA-t C1 A;!N
z'r. j --7 +
BEN JONS FOR CONGRES
June 9, 1995
Mi 92U3331T MAIL
Mr. Carroll James, Jr.9204 Summit RoadSilver Spring, H4D 20910
Re: Complaint filed with Federal ElectionCommnission, received January 17, 1995(MUR 4169), regarding disputed debtsin the amount of $1,585.33 to CarrollJams and $160.00 to AFTRA.
Dear Mr. James:
On January 17, 1995, you filed a Complaint with theFederal Election Coaission, alleging that the Ben Jones forCongress Committee failed to disclose the following debts:
$1,585.53 to Carroll James160.00 to APTRA
You have further threatened to take certain action tocollect these funds. The Committee denies that the sum areowed. Further, the Commaittee disclosed such sums as*disputed debts* on its year-end report.
In an effort to resolve this matter in an amicablefashion, the Commidttee will pay you $593.48, in fullsettlement of all claims that you or AFTRA may have againstthe Committee. You agree to accept this amount in fullsettlement of any claims in connection with voiceover workperformed f or Ben Jones or the Ben Jones for CongressCommittee through the date of this agreement. You furtherrelease Ben Jones, the Ben Jones for Congress Commnittee,officers of the Ben Jones for Congress Commu~ittee (including,without limitation, Raymond Patrick, Treasurer, and RobertS. Kahn, Assistant Treasurer) from any and all liability inconnection with voiceover work, or for any other reason,through the date of this agreement.
You further agree to withdraw and dismiss withprejudice the Complaint filed with the Federal ElectionCommnission, by sending a letter in the form attached asExhibit A. Upon receipt of this signed agreement, and acopy of the letter to the Federal Election Cormmission, we
P.O. Box 671956 MARIETA, GEORGIA 30067 (404) 498-7942Pai few by Sa" Jam"s to CONSIM I *f~
Mr. Carroll James, Jr.June 9. 1995Page two
will forward a check to you via overnight mail in the amountof $593.48.
If this letter accurately reflects our agreemnt,please indicate by signing below and returning a copy to me.
Sincerely,
Robert S. KahnAssistant Treasurer
Accepted and agreed tothis iAday of June, 1995.
FEDERAL ELECTION COMMISSION~AA.t-jI(.TO D(2046 1
August 4, 1995
Mr. Carroll S. James, Jr.9204 Summit RoadSilver Spring, MD 20910
RE: HUR 4169Ben Jones for CongressCommitte-e and RaymondPatrick, as Treasurer
Dear Mr. James:
This is in reference to your letter dated June 14, 1995,requesting that the complaint you filed against the Ben Jones forCongress Committee be withdrawn.
Under 2 U.S.C. 5 437ge the Federal Election Commission isempowered to review a complaint properly filed with it and to takeaction which it deems appropriate under the Federal ElectionCampaign Act of 1971, as amended (*the Act"). A request forwithdrawal of a complaint will not prevent the Commission fromtaking appropriate action under the Act. Your request will becomepart of the public record within 30 days after the entire file isclosed.
If you have any further questions about this procedure,please contact the Central Enforcement Docket at (202) 219-3690.
Sincerely,
6/',Y- VClinett ShortParalegal
RiECEIVEDFEDERAL ELECTION
COMMISSIONSECRETARIAT
BEFORE TUE FEDERAL ELECTION COINISOI 10 52 MN '5in the matter of)
Enforcement Priority
GERAL COUNSEL # S REPORT UI VEI. INTRODUCTION
This report is the General Counsel's Report to recommend
that the Commission no longer pursue the identified lower
priority and stale cases under the Enforcement Priority System.
I I. CASES RECOMENDED FOR CLOSING
A. Cases Not Warranting Further Pursuit Relative to OtherCases Pending Before the Commission
A critical component of the Priority System is identifying
those pending cases that do not warrant the further expenditure
of resources. Each incoming matter is evaluated using
Commission-approved criteria and cases that, based on their
rating, do not warrant pursuit relative to other pending cases
are placed in this category. By closing such cases, the
Commission is able to use its limited resources to focus on more
important car-es.
Having evaluated incoming matters, this office has
identified 34 cases which do not warrant further pursuit
relative to taie other pending cases.1 A short desCription of
1. These r~atters are: PM 309 (Attachment 1); RAD 95L-12(Attachment 2); MUR 4118 (Attachment 3); MUR 4119 (Attachment 4);MUR 4120 (Attachment 5); MUR 4122 (Attachment 6); MUR 4123(Attachment 7); MUR 4124 (Attachment 8); MUR 4125 (Attachment 9);MUR 4126 (Attachment 10); MUR 4130 (Attachment 11); MUR 4133(Attachment 12); MUR 4134 (Attachment 13); MUR 4135(Attachment 14); MUR 4136 (Attachment 15); MUR 4137
-2-
each case and the factors leading to assignmeont of a relatively
low priority and consequent recommendation not to pursue eachcase is attached to this report. See Attachments 1-34. As theCommission requested, this Office has attached the responses to
the complaints for the externally-generated matters and the
referral for the matter referred by the Reports Analysis
Division because this information was not previously circulated
to the Commission. See Attachments 1-34.
B. Stale Cases
Investigations are severely impeded and require relatively
more resources when the activity and evidence art old.
Consequently, the Office of General Counsel recommends that the
Commission focus its efforts on cases involving more recent
activity. Such efforts will also generate more impact on the
current electoral process and are a more efficient allocation of
our li~r.*ed resources. To this end, this office has identified
11 c t th at
do not
(Footnote 1 continued from previous page)(Attachment 16); MUR 4138 (At'.achment 17); NUR 4140(Attachment 18); MUR 4142 (Attachment 19); MUR 4143(Attachment 20); MUE 4144 (Attachment 21); HUR 4145(Attachment 22); MUE 4148 (Attachment 23); HUE 4149(Attachment 24); MUE 4153 (Attachment 25); HUE 4155(Attachment 26); HUE 4158 (Attachment 27); HUR 4163(Attachment 28); HUE 4164 (AttacKtment 29); HUE 4169(Attachment 30); MUE 4179 (Atta:--ment 31); HUE 4195(Attachment 32); MUE 4196 (Attachment 33); and MUR 4205(Attachment 34).
-3-
varrant further Investment of significant Commission resources.2
Since the recommendation not to pursue the identified cases Is
based on staleness, this office has not prepared separate
narratives for these cases. As the Commission requested, in
matters in which the Commission has made no findings, the
responses to the complaints for the externally-generated matters
and the referrals for the internally-generated matters are
attached to the report because this information was not
previously circulated to the Commission. See Attachments 35-45.
For cases in which the Commission has already made findings and
for which each Commissioner's office has an existing file, this
office has attached the most recent General Counselts Report.
This Office recommends that the Commission exercise its
prosecutorial discretion and no longer pursue the cases listed
below effective October 16, 1995. By closing the cases
effective October 16, 1995, CED and the Legal Review Team will
respectively have the additional time necessary for preparing
the closing letters and the case files for the public record.
2. These matters are: PM 250 (Attachment 35); PM 272(Attachment 36); MUR 3188 (Attachment 37); MUR 3554(Attachment 38); MUR 3623 (Attachment 39); MUR 3988(Attachment 40); MUR 3996 (Attachment 41); MUR 4001(Attachment 42); MUR 4007 (Attachment 43); MUR 4007(Attachment 43); MUR 4008 (Attachment 44); and MUR 4018(Attachment 45).
-4-
XXX. E3OUN---3UDAIOU8
A. Decline to open a MUR and close the file effectiveOctober 16, 1995 in the following matters:
1) PM 3092) RA.D 95L-123) PM 2504) PMN 272
B. Take no action, close the file effective October 16,1995, and approve the appropriate letter in the followingmatters:
1) MUR 35542) HUR 36233) HUE 39884) MU! 39965) MU! 40016) MUR 40077) MU! 40088) MU! 40189) HUR 4118
10) MU! 411911) MUR 412012) MU! 412213) MUR 412314) MUR 412415) MU! 412516) HUE 412617) MUR 413018) MUR 413319) HUR 413420) MUR 413521) MUR 413622) MUR 413723) MUR 413824) MUR 414025) MU! 414226) MUR 414327) MUR 414428) MU! 414529) MUR 414830) MUR 4149
-5-
31) HUR 415332) Hmm 415533) RUM 415834) HR 416335) HR 416436) RUM 416937) HR 417938) HR 419539) HR 419640) HR 4205
C. Take no further action, close the file effectiveOctober 16, 1995 and approve the appropriate letter in M4UR
/D
3188.
avrence- W-obleGeneral Counsel
331013 1 FECDERAL ELECTICK CCSIUSEXOU
In the Matter of)) Agenda Document #X95-5
Enforcement Priority )
CRIFICATI
I, Marjorie W. Zmons, recording secretary for the
Federal Election Comission executive session on
October 170 1995, do hereby certify that the Coemission
decided by votes of 5-0 to take the following actions:
A. Decline to open a MUR and close the fileeffective October 17# 1995 in the followingmatters:
1) PM 3092) RAD 95L-123) PM 2504) PM 272
B. Take no action, close the file effectiveOctober 17, 1995, and approve the appropriateletter in the following matters:
1) MUR 35542) MUR 36233) MUR 3984) MUR 39965) MUR 40016) NUR 40077) MUR 40088) MUR 40189) MUR 4118
(continued)
<V S
pedea imectios ComisioniCertifications untorcimnt Priorityoctober 17. 1995
10)11)12)13)14)15)16)17)18)19)20)21)22)23)24)25)26)27)28)29)30)31)32)33)34)35)36)37)38)39)40)
NURNURMRNNUNNUN
NURNUNNUNKUNNUNNUNNUNNUNNUNNURNUNNUNMUN
NURNUNNURNUR
NUNKulNUNKU'
KM'
41194120412241234124412541264130413341344135413641374138414041424143414441454146414941534155415841634164416941794195
S4196S4205
C. Take no furthez action, close the fileeffective October 17, 1995 and approve theappropriate letter in NUN 3188.
(continued)
I
Pae 2
Page 3Fedleral Bloction Comissioncertifications: Enforcomeint PriorityOctober 17v 1995
Comissioners Aikens, Elliott, McDonald, McGarry, and
Thomas voted affirmatively for each of the decisions;
Comissioner Potter was not present.
Attest:
Date
FEDERAL ELECTION COMMISSIONWASHINGTON. D C 204WMB
October 23, 1995
Carroll S. Janes9204 Summit Roadsilver spring, RD 20910
RE: MUR 4169
Dear Ms. James:
on January 17, 1995# the Federal Election commission
received your complaint alleging certain violations of the
Federal Election Campaign Act Of 1971, as amended ("the Act").
After considering the circumstances of this matter, the
Commission has determined to exercise its prosecutorial
discretion and to take no action against the respondents. See
attached narrative. Accordingly, the Commission closed itsT!T'le
in this matter on October 17, 1995. This matter will become part
of the public record within 30 days.
The Act allows a complainant to seek judicial review of the
Commission's dismissal of this action. See 2 U.S.C.
5 437g(a)(8).
Sincerely, *5
Mary L. TaksarAttorney
AttachmentNarrative
MR2 4169amu aous FOR CONGM8SS CONNITT35
Carroll James filed a complaint alleging that the len Jonesfor Congress Committee owed him $1,745 for voiceovers and thatthe Committee had failed to report this debt in its disclosurereports.
in response to the complaint, the Sen Jones for Congressstates that Carroll James called Ben Jones and offered toprovide voiceover work on a volunteer basis. The Committeeindicates that it was later billed for Carroll Jameses servicessometime around December 31, 1994 and that the debt wasdisclosed in the Committee's Year-End Report.
This matter is less significant relative to other matterspending before the Commission.
FEDERAL ELECTION COMMISSIONWASHINGTON, D C 20463
October 23, 1995
Robert So Kahn, Esq.166 Anderson St., Suite 225Hlariettat GA 30060
RE: MUR 4169sen Jones for Congress Committee and Raymond LPatrick, Treasurer
Dear Mr. Rahn:
on January 20, 1995, the Federal Election commission
notified your clients of a complaint alleging certain violations
of the Federal Election Campaign Act of 1971, as amended. A
copy of the complaint was enclosed with that notification.
After considering the circumstances of this matter, the
Commission has determined to exercise its prosecutorial
discretion and to take no action against your clients. See
attached narrative. Accordingly, the Commission closed 3tU file
in this matter on October 17, 1995.
The confidentiality provisions of 2 U.S.C. 5 437g(a)(12) no
longer apply and this matter is now public. In addition,
although the complete file must be paced on the public record
within 30 days, this could occur at any time following
certification of the Cousissiones vote. If you wish to submit
any factual or legal materials to appear on the public record,
please do so as soon as possible. While the file may be placed
on the public record prior to receipt of your additional
materials, any permissible submissions will be added to the
public record when received.
If you have any questions, please contact Alva E. Smith at
(202) 219-3400.
Sincerely,
Attorney
AttachmentNar rat ive
HIM 4169am JONES 103 CONGRESS COMMITTEE
Carroll Janes filed a complaint alleging that the Son Jonesfor Congress Committee owed him $1,745 for voiceovers and thatthe Committee had failed to report this debt in its disclosurereports.
In response to the complaint, the Ben Jones for Congressstates that Carroll James called Ben Jones and offered toprovide voiceover work on a volunteer basis. The Committeeindicates that it was later billed for Carroll Jamests servicessometime around December 31, 1994 and that the debt wasdisclosed in the Committee's Year-End Report.
This matter is less significant relative to other matterspending before the Commission.
ccirro jcmes9204 SUMMIT ROAD *SILVER SPRiNG. MD 20910
(301) 588-8324 *FAX (301) 588-8323
October 27, 1995
RE: MUR 416 9 # 1Hon. Danny L. McDonald,. ChairmanFederal Election Commission999 0 Street, N.W.Washington, DC 20463
Dear Mr. McDonald:
I have just received from the Commission a letter indicatingthat my complaint against the Ben Jones for Congress CongressCommittee has been dropped. I can understand that you havebigger fish to fry, but it is sad that your budget does notallow you to deal with smaller cases such as this.
My unhappiness is not so much with your dropping this,. but withthe text of the what you call "narrative." It is INCOMPLE'TEAND INCORRECT and must be changed. w ? ~ 2 9The f ollowing information should be added to PARAGRAPH 2: 7, although it should have been provided earlier. W sHowever,. Mr. James provided the Commission with informationthat he billed the Committee on October 25,. the day after thesession, and faxed the bills to Eilene Canavan of theDisclosure Division on January 9, 1995. Sent to Ben Jones withthe invoices on October 25 was an AFTRA (union) contract, whichhe had agreed to sign, but failed to.
The committee and Mr. Jones did not allege the"volunteer" status until months after they received the bill.Certainly, I would have contacted the announcer immediatelyafter receiving the bill and said "What the hell is this???In addition, as a former president of Atlanta Screen ActorsGuild,. Ben Jones should have known that I would be breakingunion rules to work for free.
Your narrative make it look as if I, indeed, had volunteered myservice and reneged. This was NOT the case, ad material the FEChad in its possession from me indicated.
Although the whole file will be made public, I insist yournarrative be changed to accurately reflect the situation.
Sincer ely,
Carroll S. Jame-,J.
End: Taksar ltr of 10/23cc: Eric Brown