THIS IS THE WGL'4%FMrUR

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


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 "AFTRA P & H" for 71.15.

Please complete and sign in upper left box on ProductionReport.


GROSS

MET

mmmw U

tv awu mir

rco Sf;;Q"0T6i

P.O. Box 07.96ra iUPSMFsew

Wafetta, CA 30067 VE

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4. Type OF REPORT0 rwomalowovm

-11b0812A4..... em S'-mC_____

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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

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in~w771

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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~

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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

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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

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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


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.


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


$369.09

333.30

uiS, 0

*880.45 GROSS

__7w .. NE

DISCOUNT DATE HAS PASSED.PAYMNT I S REQUESTED.


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,


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


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

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hir,"YP WkCA-t C1 A;!N

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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

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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).

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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).

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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

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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

Fedleral 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

I

FEDERAL ELECTION COMMISSIONWASHOWGTON. D C 20*3)

THs I SI TE ENDFU:MR #

DTE FILMED lq CDNRA ND.

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