FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Melanie Sloan, Executive Director Citizens for Responsibility and Ethics In Washington 1400 Eye Street, N.W. #450 Washington, D.C. 20005 RE:

FEB 1 ~ 2008

MUR5900 Coburn for Senate Committee Wade Stubbs, as treasurer

Dear Ms. Sloan: The Federal Election Commission reviewed the allegations in your complaint received on February 15, 2007. On July 19, 2007, based upon the information provided in your complaint and the response, the Commission decided to dismiss the complaint and close its file in this matter on August 2, 2007. This letter was not sent to you earlier due to administrative oversight. Documents related to the case will be placed on the public record within 30 days. See Statement of Policy Regarding Disclosure of Closed Enforcement and Related Files, 68 Fed. Reg. 70,426 (December 18,2003). A copy of the dispositive General Counsel's Report is enclosed for your information. The Federal Election Campaign Act of 1971, as amended, allows a complainant to seek judicial review of the Commission's dismissal of this action. See 2 U.S.C. § 437g(a)(8). Sincerely, Thomasenia P. Duncan General Coun 1

BY:

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Supervisory Attorney Complaints Examination and Legal Administration

Enclosure General Counsel's Report

JUL 1 6 2007
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2 3 4 5 In the Matter of MUR5900 COBURN FOR SENATE

BEFORE THE FEDERAL ELECTION COMMISSldNDCgtA:~\~;SIOH
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CASE CLOSURE UNDER THE ENFORCEMENT PRIOR~II~JN~'fIVE

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GENERAL COUNSEL'S REPORT
Under the Enforcement Priority System, complaint-generated matters involving issues that have been previously resolved through prior action taken by the Commission are deemed inappropriate for review by the Alternative Dispute Resolution Office and do not necessitate Enforcement action. Accordingly, these types of matters are forwarded to the Commission with a recommendation for dismissal. In this case, the complainant, the Executive Director of Citizens for Responsibility and Ethics in Washington ("CREW"), provided an Audit Report approved by the Commission on January 9,2007 (see attached) as the basis for its complaint against the Coburn for Senate ("Committee"). The complainant alleged that, based on the Audit Report,

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the Committee violated the Federal Election Campaign Act by failing to itemize 18% of the contributions it received during the 2004 election cycle. Additionally, the Committee allegedly failed to file 48-Hour contribution notices on 202 last-minute contributions. The Committee responded by noting that the Audit Report and its findings did not require the Committee to further amend its reports, since it took corrective action prior to the beginning of the audit. Furthermore, the Committee paid an administrative fine related to the 48-Hour notice violations in the amount of $33,170.

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Case Closure Under EPS - MUR 5900 General Counsel's Report Page 2 of3

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In this case the Committee filed amended reports substantially correcting its reporting errors prior to the initiation of the audit. Furthermore, the Committee paid an administrative fine related to its failure to timely file its 48-Hour notices. Thus, there are no remaining issues arising from the Audit Report warranting Commission Enforcement action. In light of the fact that the Committee resolved its reporting issues during the course of the Audit and through the administrative fine process the Office of General Counsel believes that the Commission should exercise its prosecutorial discretion and dismiss the matter. See Heckler v. Chaney, 470 U.S. 821 (1985). RECOMMENDATION The Office of General Counsel recommends that the Commission dismiss MUR 5900, close the file effective two weeks from the date of the Commission vote, and approve the appropriate letters. Closing the case as of this date will allow CELA and General Law and Advice the necessary time to prepare the closing letters and the case file for the public record. Thomasenia P. Duncan General Counsel \

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BY:~

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Special Counsel Complaints Examination & Legal Administration

Case Closure Under EPS - MUR 5900 General Counsel's Report Page 3 of3

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Jef Supervisory Attorney Complaints Examination & Legal Administration

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10 11 12 13 14 Attachments: Audit Report for Coburn for Senate Committee, dated January 9,2007 Narrative in MUR 5900

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MURS900 Complainant: Melanie Sloan on behalf of Citizens for Responsibility and Ethics in Washington Coburn for Senate Committee and Wade A. Stubbs, as Treasurer

Respondents:

Allegations: The complainant, Citizens for Responsibility and Ethics in Washington ("CREW"), provided an Audit Report approved by the Commission on January 9, 2007 as the basis for its complaint against the Coburn for Senate ("Committee"). The complainant alleged that, based on the Audit Report, the Committee violated the Federal Election Campaign Act by failing to itemize 18% of the contributions it received during the 2004 election cycle. Additionally, the Committee allegedly failed to file 48-Hour contribution notices on 202 last-minute contributions. Response: The Committee responded by noting that the Audit Report and its findings did not require the Committee to further amend its reports, since it took corrective action prior to the beginning of the audit. Furthermore, the Committee paid an administrative fine related to the 48-Hour notice violations in the amount of $33,170. General Counsel's Note: The complainant in this matter has merely attached the Audit Report and converted it into a complaint. This Office has verified with the Reports Analysis Division that there were no referable issues arising our of the Audit Report to either this Office or the Alternative Dispute Resolution Office. As noted in the response, the Committee filed its amended reports prior to the Audit and paid a substantial penalty related to its 48-Hour notice violations. Thus, this Office recommends that the matter be dismissed. Date complaint filed: February 15, 2007 Response filed: March 14,2007

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BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of
Coburn for Senate. (Case Closure Under

EPS)

) ) ) MUR5900 )

CERTIFICATION
I, Mary W. Dove, Secretary of the Federal Election Commission, do hereby certify that on July 19, 2007, the Commission decided by a vote of 4-0 to dismiss MUR 5900, close the file effective two weeks from the date of the Commission vote, and approve the appropriate letters, as recommended in the General Counsel's Report dated July 16, 2007. Commissioners Lenhard, Mason, von Spakovsky, and Weintraub voted affirmatively for the decision. Commissioner Walther did not vote.

Attest:

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