1. Backyround

HEPORT OF THE AUDIT DIVIST.ON

ON THE

ILI.IWHS DEHOCRJ."\TIC CAMPAIGN COHt>lITTEE

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FEDERAL ELECTION CO,\\MISSION

A. Overview

The Conuni ttec registered with the Federal Election

Co:nmission on July 12, 1977, as the principal campaign committee

of Mr. Anthony R. Martin - Trigona, a candidate for nomination

of the Democratic Party for the Office of Senator for the state

of Illinois. 'rhe Commi tt~e maintained its headquarters in

Chicago, Illinois.

This rep()l·t is lJased on documents and working papers

S'.':'Jporting each of its factual statements. 'I'hey form part of

the record upon which the Commission based its decisions on the

InCt.tters in this report, and \\Tere available to Commissioners ane.

appropriate staff for review.

The review covered the period from July 12, 1977, the

incaution date of the Committee, through April 21, 1978, the

final coverage dat0 of the last report filed by the Committee

at the tirr.e of the revie\\T. During this period, the COInmittee

reported an opening cash balance of $-0-, total receipts of

$1,536,476.20, total expenditures of $1,536,476.20, and a

closing cash balance at April 21, 1978 of $-0-.

This report is based upon an in-house review of

disclosure reports filed by the Illinois Democratic Campaign

Committee (lithe Committee"), undertaken by the Audit Division

of the Federal Election Commission to determine whether there

has been compliance with the provisions of the Federal Election

Ca~paign Act, as amended (lithe Act"). The review was initiated

pursuant to Section 438(a) (8) of Title.2, United States code,

\\'hich at the time of the revie\~ directed the Commission to make

from time to time audits and field investigations with respect

to reports and statements filed under the provisions of the Act.

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B. Key Personnel

The pr.incipal officers of the Committee during the

period of the audit were Ms. Donna Choma, Chairman and Mr.

Anthony Martin - Trigona, Treasurer.

C. SCOPl:~

As a n~sult of the unavailability of Committee records

in support of lhe disclosure reports filed, the Audit staff was

precluded from conducting anytestirig or other audit procedures

normally performed durinq the' course of an audit. - .

II. Finllinq and Rccormnendation

Due to the limited stope of the audit, no determination can

be made as to the accuracy and completeness of the representations

contained in the disclosure reports filed by the Committee •.

In an attempt to scture the records and documentation requisite

to thc performilncc of an audit, the Audit Division sent a letter

of audit notification on December 12, 1978 to the Candidate (Who

sen"cd as the 'l'reasurer of the Committee) and the Chairman of the

Comn:ittec. On J.:lnUilr~" 11, 1979 tile Candidate responded to the

notificiltion by indicating thilt he would not coope"rate with the

aUdit. Upon receipt 0: this response, the matter was referred to _

the Comr:1ission's Office of General Counsel on January 23, 1979. •

In ~pril of 1979, the Office of General Counsel issued a

subpoenil to compel the production of the necessary records-and

dOcll::ll~ntiltion. 'l'ho Committee and Candidate failed to cor::ply \",ith

Lhis subpoena in the specified time period. In July of 1979,

Lho Commission filed tho necessary pilpers to enforce the subpoen.:i

with the United States District Court, Northern District of

111inoi5, Eastern Division ("the Court").

SubsL:quently, in October of 1979, the Court ordered the

pn)L:uction of Lho records and documentation by November 5, 1979,

and ~lgain the Candidiltc and Conunittee failed to comply with the

on!e~·. As a remllt, the Commission filcd papers with the Court

tu hold the Candillate in contempt of court. At this point, the

C~lldLl~lte stated to the Court that he \",ou1d comply with the order.

'l'h0:.·~"'~1:-tL:l~, th,.' C\lnc1ici.J.te presented various records and clocumonLlt:0r~ lJL!rtuinin'Jto tlh~ financial activity of the Committee to

a l~"::)l~esc:ltath"l.' of L:l'-~ Commission on December 14, 1979. 'l'hesll

rLlC'::::~:S cO:lsi~tl.~d of ?hotocopies of hand\vritten lists of .expen-

~it~res fro~ July 13, 1977 to March 20, 1978 in various formuts.

A rc\·ie'.·: of th":~;l.l roc,-)::ds bv the Audit stilff indicated thilt the

reco::ds diJ not meet the st;nc1ard of sufficient competent

.evi~~ntial matter nnJ therefore did not afford a reasonable basis

fOl~ a:l':' cO:lclusion rc,-::u~ding the stiltements and reports filed by

the (:0::-'::1i t tee.
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. In cOII:iideration of the unavailability of auditable records

and amounl of time which has elapsed since the coverage dates of

tilL' r:eporll'd activity, it is concluded that any additional

enrlln~c:mcml. action against the Candidate will result in an

int!llicitlul use of the Commission's resources and will not serve

tht~ best inl.(~rests of the Commission or the public.

It should be noted that the Office of General Counsel has

filed a motion to assess the Candidate all reasonable attorney's

fees and the costs incurred by the Commission in seeking compliance with the Court iGsued orders.