FEDERAL ELECTION COMMISSIONWASHNGTON. ODC mS*3

THIS 11 TEG I3C FPUU#

MITE FIL.YED ~ZL CAPqER NO.*

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• lderal Election ission Md'O- tE-Offie o Genral unsel 0

Wahington ,D.C. 20463 I~

Complaintant: Juan N. Soliz, 1343 W. 19th St. Chicago, Il GOSOS .:TEL: 312 733-4440 FAX: 312 733-7571 ..,i

This is to inform you that this is a formal omplaint di-rected at the CBS television network, arid in particular the n'program "60 Minutes".

On Sunday, February 6, 1994, "60 Minutes" aired a segmet -

presented by Morley Safer, titled "The Education of Luis Qutier-rez." This approximately 20 minute segment had as its intent andpurposes the promotion of Congressman Gutierrez and his candidacyin the 4th Congressional District, State of Illinois.

The "60 Minute" visit to Chicago was well publicized priorto filming. Despite numerous phone calls and a letter from ourcampaign chairman, they chose not to respond.

The segment on the Congressman was 100% positive with noalternative views on his actions. "60 Minutes was in receipt of

t documents demanding federal and state investigations of LuisGutierrez's actions as an aldIean and chairman of the housing

c committee. These were sent in December of 1993, by a coammnitygroup unrelated to my candidacy. Also, Chicago press and media

CO have raised many questions related to the Congressman'scodtover the years. These were ignored by the producers of "60

C4 minutes".04 This profile of Luis Gutierrez was presented within 45 days

of the March 15, 1994, Democratic Primary. It had no relevanceU to current or past news events and was presented in a manner

representative of campaign advertising.~This should be considered as a blatant attempt to |manipul.ate

the outcome of the congFressional election in the 4th Districtanr should be addressed by the F.E.C.

We are demanding equal time to respond to the outrageousC behavior of CBS and their program "60 Minutes".

SJUAN M. SOL Z4 .Candidate for Congress, 4th D trict

Subscribed and sworn to by Juan M. Sol iz, who appearedbefore me, a Notary Public, in and for the County of Cook, Stateof Illinois, and affixed the foregoing signature on thisi day of February, 1994.

Notary Public %enic1. 1. letter to "60 Minutes" -

2. copy of taped segmentA, >T', ' / .r'; T , , N.OT A, YP IMA UL. N0IS

~"~- 2.4~A~ NYOA UBI, TEPIEOS3/o/

vlv Uw pow...in

. aThecer' g**, ... ,po .mmS tn .-,Y - t oa

t oa•. ' a 'ry So? F S N ~ ' - ~ -las

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..lNetscn points to comptroller office spending hikes• ?RVN STAFF W~ryau

.:Democratic gubernatorial can-diate Da ii Clark Neah usday called opponent Atty. Gen.SRoland Burrs' education pa~u:'!Pscal nonsense," and aid it• .would fall because It bige onsomethin Burns Is InospMI

"He Just cannot do it," saidci' Neah who succeede ] ,state cmptroller In 1Ijgg,1 jo He never has Evr d,,e imrc 1 make ld m.. except [Burrlaj. ha b I

co s cm ,h hrlheld fro 190 untulb hs * rshuowed a 146 lw'thatf, i n

plan proposes ag sag,4azes by *2.5 bli npublic education~y~l~n inproperty.~Pj~

ou out that during bar flhdued the offce's bu by about5 percent, tco 819.4 mfllion.

Burns spokesman Don Rashiddid not dispute Netach's8iur.but said the increased spending•was needed to bring the comptroi.ler's omfce "into the modern age"

"T'hat offce needed to be mood-ernized and computerized,",Rashid said. "It was totally m.cient ... It was a burden on thetaxpayer and would have contin-ued to be without the investmentinto that department, includingbetter recordkeepi, .-

Buris' plan, unveiled Monday,would provide $20 million in neweducation ftanding annually untilthe state ways at least half the cost

Campaig ]} mn, a DemocratOberman wants any ChicagoNoteboic irboats to be run on a mnage.- ment-fee bsis, where the ownersgta set perentag o/f the reve-o' tu ~ho ntses while the rest goes to stateBurnti said, In the fis year,~ and o'nlove its810milonwul epard from state and local gov-

aural reeue potbCoonko County Boayrtat

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cndida' Jo a was wolfiea c..palu it oe.h

a n d w e t o ~ w 1 c o r n t h a d o e e n o t b e i v n r' V m n .

re hs ouh o hemuntan _ u ndcampaiId ny th donn

~Uuug Wmra bingonocraticpr/maryballo the__bad.abothde-. n "These are stealth candidates.__ _ ,flt mntbed ,. po Y.°wu elsnot tobe ex-'nW c Matinthe 21 LaRouche folloer, in.cauin th sates rowng de. fiv runn for state of-onmi th tt' rw d.rco the ballot. "they have aOn M dystale lottery or.obligation to say where theyala disclosed that revenue stand."1 Illio Short of exptlons Wihehn attended a flindralserthe second half of l S and at. that Illinois Democratic Party ,Ibuted it to competition fr'om la'jGryan etn jyen-bat gaN~n~woujcd raise at least &iOO0 to help"The drop n lottery reeues fired a radio ad campaign andmonstrates how rIsky It Is for sample ballot distribution that ;* satle to rely too heavly on identifies the LaRouche can-anblng revenues," sa Ober. didates.

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January 11, 1994

Jeffrey Fagerd/o CBS News524 W. 57th St.New York, NY 10019

Dear Mr. Fager:

t That blurb surpdss moe bei~ t hougit u# a mer e!p b Em CO8 News whendoingsory womid L V,,, i E enl os.

r balanced pitr of S cs'tsbp sc matter or a osektpsn all~jy.

o I certant hope it Is not ~Gtew c ohe oprtnt obinterviewed by the MlII.. .. so that ym get a oomli midcomprehensiv plourotgtb'd5 dual riot Just a one, sided eleig pejxrspectieof an ineffective ongrenm.u'

One of the tenanJow.a -sson b-4to serch id seek the truth and toexpose fraud e ver I i encountered A receont poil done onbehalf of a ' - -I t Mr. G uIsra showed that the highest negativeratings for Mir. Gu.Iknezc~il*V his own Purt Rican community in Chicago. Inother words "to know him is to hate him', end thrfoe you cano possibly do abalanced story without slpealdng to his critics in his own Puerto Rican community herein Chicago.

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$EDRAL ELECTION COMMISSION; ~WA$I#IW"C10)'4 "I)'( .. Mi4ua,

! i .,FflRUARY 22, 1994,

Juan NI. Solk:1343 V. 19th StreetChicago, XL 60608

RE: NUR 3931

Dear Mr. Sal:

This letter acknowledges receipt on February 14, 1994, ofyour complaint alleging possible violations of the FederalElection Campaign Act of 1971, as amended ('the Act'). The

o3 respondent(s) will be notified of this complaint within fivedays.

You will be notified as soon as the Federal ElectioncO Commission takes final action on your complaint. Should you

receive any additional information in this matter, please( forward it to the Office of the G eal Counsel. Such

ci information .mut be muet to in the roe emmet as the ,origialcomplaint. We hav mered [ this matter MI 3931. Please refer

tn to this mnbor in all future comumicatioss. Enclosed is abrief description of the Commission's procedures for handling

) complaints.

r your informmtio, we note that umiet the Federalo Election Campaign Act (F3CA) of 1971, as amended, the Federal

Election comissiom has jurisdiction over campaign financing~issues. Issues regarding the use of broadcast stations are

under the Jurisdiction of the Federal Coamnication Commission.

Sincerely,

Mary .Taksar, AttorneyCentral Enforcement Docket

EnclosureProcedures

" FESRUARY 22, 1991.

3ric Soe, Presidenlt

524 West 57th StreetNew York, 31 10019

13: MUmt 3931

Dear Mr. Ober:

The Federal Ilection Comission received a complaint whichindicates that CI8 News may have violated the Federal ilection

- Campaign Act of 1971, as amended ('the Act'). A copyr of thecomplaint is enclosed. We have numbered this matter NUN 3931.

-- please refer to this number in all future correspondence.

e, Under the Act, you have the opportunity to demonstrate in

writing that no action should be taken agaeinst CBS Rays in thismater ?l ~ tm eetwal or legal stril# * yo

04 belim are releV "4t e Cieoioin e emaye 0o. "

Un oath. Your reasome,. wh/i should be adtBe to tha-iaralCounsel s Offiou. mat be. submitted vitb.i 15 dsye_*S rmipetel of

r infomtion.

5Yhis mtter ill remain confidential in accordance withr 3 U.S.C. S 437g(a)(4)(5) and S 4379(a)(12)(A) unless you neotify

the ComIssion in writing taet you wih the matter to be madeo public. If you intend to be reresented by ounsel in this

matter, please advise the ComIssion by completing the enclosedform stating the nam, address and telephone number of suchcounsel, and authorising such counsel to receive anynotifications and other communications from the Commission.

i, ou hae..ny questions. ,lease contact J4*- ubS~r.,23 Z -34OO. For your information, we have.ile abif

dscription of the Commissions8 procedures for handlingcomplaints.

Sincerely,

Nary L. Taksar, AttorneyCentral Enforcement Docket

Enclosures(ii i. Complaint

2. procedures-" 3. Designation of Counsel Statement

cU.

Ct

wAWNCTQOI4 O.C SmI

, FERUARY 22, 194

Don IHewitt. ExecutiVe Producer60 Ninutes555 West 57th StreetNew York, NY 10019

RE: H Jl 3931

Dear 1Mr. Hewitt:

The Federal Election Commission received a complaint whichindicates that 60 Ninutes may have violated the Federal Election

P3 Campaign Act of 1971. as amended ("the Act"). A copy of the

complaint is enclosed. We have numbered this matter N 3931.

-- Please refer to this number in all future correspondence.

cO Under the Act, you have the opportunity to demonstrete inwriting that no action should be taken against 60 Nlii. e in

OIthis matter. Ple * t any factual or legal ma .tS whichyou bel iev e 10e.ei2 to th Cin~it.i ulp% 1 tis

04matter.. olire aptiipe O statemotA ,should be eIt under

U) oath. Your r q . wis should be aifeed t -i geeaCounsel s Offibe t 'be Swtmi ttod vith IS deye l tE eipt of

0this letter.* .If li~ is received- wihi 5 das the

Cmmisio p actio ae on th .....r informatio.

C ~ This matter will remin confidential in accordance with

r 2 U.S.C. I 437g(a)(4)(3) and S 437gia)(12)(&) unless you notifythe Commission in writing that you wish the mtter to be umde

o0 public. If you intend to be represented by counsel in this

matter, please advise the Cmission by completing the enclosedform stating the name, address and telephone number of such

counsel, and authorising such counsel to receive any

notifications and other communications from the Commission.

.8l eu-iv@ produce r

i te have any questions, please contact Joa Nc~nery st(3.2) .tS40 r your information, ve have enclosed a brie fdescziptionl of the Commission's procedures for handling€ 1ants.

Sincerely,

Mar L.Taksar, AttorneyCentral Unforcement Docket

Bnclosures~1. Complaint

2. Procedulres-- 3. Designation of Counsel Statement

ce

If)

,r

ltaul Vega, TreasurerGutierres for Congress4492 West Diversey AvenueChicago. IL 60639

33: MUR 3931

Dear Mr. Vega:

The Federal 3lection Commission received a complaint whichindicates that the Gutierre8 for Congress ('Committee.) and you,

it) as treasurer, may have violated the Federal 3lection CampaignAct of 1971. as amended ('the Acte). A copy of the complaint is

-- enclosed. We have numbered this matter StUR 3931. Please referto this number in all future correspondence.

CoUnder the Act, you have the opportunity to demoetrete in

wq riting that no ato ebe be taken ,siust the Cmttee and

tf7 OIstate s sou'ld betl J* t wtder oah Trg l posee4, which

should be a veij t Ges1a ouneel 'a Of (toe. iust b

O further actioa basedoen the available infatuation.

~This matter will remin confidential in acordance with2 U.S.C. S 437g(a)(4)(S) and S 437g(a)(12)(A) unless you notify

o b the Commission in writiag that you wish the setter to be made

public. If you intend to be represented by counsel is thismatter, please advise the Comission 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.

l| hve ny questions, please cot tI . .. .. *

4:202) 2lI~4-0. tot your Intoruation, w@ b 4 rt 4descriptiom of the Commission's procedures tot bti~1in9complaints.

Sincerely,

47C'~~~a

Nary L. Taksar, AttorneyCentral Enforcement Docket

3nclosures~i. complaint'0 2. Procedures-- 3. Oesignation of Counsel Statement

tto

-C

FEDERAL ELECTIO COMM#SS QN

Representative Luis V. Gutierre:Dlouse of RepresentativesWashington, DC 20515

RE: NUlM 3931

Dear Mr. Gutierre:

The Federal iection Commission received a complaint vhichindicates that you may have violated the Federal ElectionCampaign Act of 1971. as amended ("the Act'). A copy of the

r complaint is enclosed. We have numbered this matter RUN 3931.please refer to this number in all future correspondence.

Under the Act, you have the opportunity to demonstrate ineO writing that no action should be taken against you in this

matter. Please submit any factual or legal materials which youO believe are relevant to the Couasion s analysis of thisO4 netter. Where appropriate,* *tetms shuld be s~titd under

oath. Your response, whbich should be addressedl tO the Generaltro Counsel's Office, must be submitted within 15 days of receipt Of

this letter. If no reonese is received within 15 days, ther)Comaission may take further action based on the available

infora t ion.

C This matter will remain confidential in accordance with2 u.S.C. S 437g(a)(4)(5) and S 437y(a)(l2~(A) unless you notify

~the Coinission in writing that you wish the matter to be madepublic. If you intend to be represented by counsel in this

O matter, 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 comtunications from the Commission.

I.. f you have any questions, please contact Joara WNletay at(292?) 219-3400. For your information, ye have eac~losed a briefedscription of the Commission's procedures for handlin;

comp~laints.•

Sincerely,

IMary L. Taksar, AttorneyCentral Enforcement Docket

Enclosures1. Complaint

c0 2. procedures3. Designation of Counsel Statement

cq

I-

. cmJIraa ams..-- ,,. i

Re: HUR ;39 i]L

Dear Ms. McEnery: rh4,19

On behalf of CBS Inc. ("CBS=), I am responding to theCommission's letter, datedFebruary 22, 1994, to EricOber, President, CBS News.)" In its letter, the

04 Cogiuission invites CBS's comments on a complaint filed by

Juan M. Soli:, a candidate for the Democratic nomination"- for Congress from the Fourth Congressional District incO Chicago, Illinois.

04 Mr. Soliz' complaint concerns a segment on the February 6,1994 edition of the CBS Neis broadcast 60 MINUTES, which

O featured an interview with Kuis Gutierrez, Mr. Soli:'opponent in the March 15, 1994 Democratic primary. The

Lf) report concerned Mr. Gutierrez' experiences as a freshman~Congressman, and the reactions he received from more

senior Representatives to his efforts to initiate measuresF aimed at Congressional reform. Contrary to Mr. Salis'

assertions, the report was not intended to promote Mr.~Gutierrez or his candidacy, but rather reflected the

journalistic judgment of CBS News as to the newsworthiness~of its subject matter.

While Mr. Soliz does not state how he believes this newsreport violated the Federal Election Campaign Act ('theAct") or any other law, his complaint may be construed asalleging that the broadcast constituted a corporatecampaign contribution or expenditure prohibited by Section441b of the Act. 2 U.S.C S 441b. Any such claim is

1An identical letter was sent on the same date to Don

Hewitt, Executive Producer of the CBS News b~roadcas- 6OMINUTES.

LICHFJ449

~without merit. Both the Federal Election Campaign Act andthe regulations of this Cdnvnission explicitly exclude fromthe definition of a campaign contribution or expenditureany "news story. conmnentary, or editorial distributedthrou'gh the facilities of any broadcasting station,newspaper, magazine or other periodical publication .... "2 U.S.C. S 431(9)(B)(i); 11 C.F.R. SS 100.7(b)(2), 100.8(b)(2). Clearly, therefore, the Act has no application tothe broadcast of the 60 MINUTES report in question.Furth~er, Mr. Soliz' request for "equal time" must beaddressed to the Federal Conwmunications Commnission, and isnot properly made to this agency. Sle, e.g. 5Cthyv_Carter, Case No. 76-1697 (D.D.C. filed September 17,1976), aff'd Case No. 76-1865 (D. C. Cir. filedSeptember 22, 1976); tor risseau v. Mt. MiaIi/IdTelevisinInc., 380 F. Supp. 512 (D. Vt 1974); Q tdQY.Natioal x~tiflg.SQ, 287 F Supp. 452 (S.D.N.Y. 1968).

Based on the above, we respectfully submit that no furtheraction by the Conumission concerning Mr. Soliz' complaintis warranted, and that the file with respect to this

OZ matter should be closed.

~Sincerely,

r' Federal Election ComissionOffice of General Counsel

r Washington, D.C. 20463Attention: Joan McEnery

C"cc: Juan N. Sohiz

wr 1343 West 19th Street

O Chicago, Illinois 60608

Don HewittEric OberPhil Scheffler

LICHFJ449-2 - 2 -

Washington, D.C. 20463 lIEUFIRST GBEE3L CONI5E,8 RE3310T

NuR * 3931DATE COMPLAINT RECEIVEDBY OGC: February 14, 1994DATE OF NOTIFICATION TORESPONDENTS: February 22, 1994DATE ACTIVATED: April 8, 1994STAFF MEMBER: Kamau Philbert

COMPLAINANT: Juan M. Soli z

RESPONDENTS: CBS Inc.

-- Representative Luis Gutierrez

C4Gutierrez for Congress andcO Raul Vega, as treasurer

Cq RELEVANT STA5IUTES: 2 U.S.C. S431(9)(B)(i)2 U.S.C. 5441b(a)

("1 11 C.F.R. S100.7(b)(2)11 C.I.R. S100.8(b)(2)

U')INTRUA REPORTS CHECKED: Disclosure Reports

wr I FEAL AGENCIES CHECKED: None

I. TE&I03 OF RATTE

This matter was generated by a complaint filed on

February 14, 1994 by Juan N. Soliz. The complaint concerns a

report about Representative Luis Gutierrez which was televised

on the CBS News broadcast 60 MINUTES. Mr. Solhz opposed4,

Representative Gutierrez for the Democratic nomination in the

4th Congressional District of Illinois. See Attachment 1. CBS

Inc. ("CBS") filed a response on March 4, 1994. See Attachment

2. Neither Representative Gutierrez nor his campaign committee

filed a response to the complaint.

II . V CU LM L U L M LSt

The complaint alleged that a 20 minute report titled, 'The

Education of Luis Gutierrez, *was a prohibited in-kind

contribution.1 The report was televised on Sunday, February 6,1994, within 45 days of the March 15, 1994 primary election.2

Mr. Soliz alleged that the report amounted to campaign

advertising because it was 100% positive, with no alternative

views of Representative Guttierrez despite existing unfavorable

Cq evidence. Mr. Soli: also claimed that the report had no

C~cO relevance to current or past news events and requested equal

time to respond.

Ci 5. neSp@emtin In its response CBS asserted that the report vas not a

r promotion of Representative Gutierre: or his candidacy.wr.~To the contrary, CBS advised that the report was a description~of Representative Gutierre:" experiences as a first-term

Representative to Congress and the reactions he received from~senior Representatives to his efforts to initiate measures aimed

at congressional reform. As such, CBS contended that the report

reflected the journalistic judgment of CBS regarding the

newsworthiness of its subject matter and, therefore, the report

1. A videotape of the report is on file in the Office of theGeneral Counsel.

2. Commission records show that Representative Gutierrez won theDemocratic Primary with 64% of the vote.

r : i . .i - . .. • . .

is exempted from the requirements of the Federal I1action

Camign Act pursuant to 2 u.s.c. s 431(9)(5)(i) and the

Commission's regulations at 11 C.P.a. Sf l00.7(b)(2) and

100.6(b) (2).

C. Anlysis

The Federal Election Campaign Act of 1971, as amended ('the

Act"), prohibits a corporation from making a contribution or

expenditure in connection with any Federal election, except

through a separate segregated fund. 2 U.S.C. S 441b(a). It also

prohibits a candidate, political committee, or other person from

knowingly accepting or receiving such contribution. Id. For

~purposes of this provision, the term 'contribution or

~expenditure" includes any direct or indirect payment,

cqa distribution, loan, advance, deposit, or gift of money, or any

uf) services, or anything of value . . . to any candidate, campaign

r , committee, or political party or organization, in connection

wr with any election for federal office. 2 Uo.c. 5 441b(b)(2).V

However, the Act and the Commission's regulations exclude

o from the definitions of 'contribution' and 'expenditure' costs

associated with the production and dissemination of news

stories, commentaries or editorials distributed through the

facilities of any broadcasting station, newspaper, magazine, or

other periodical publication, unless such facilities are owned

or controlled by any political party, political committee, or

candidate. 2 U.S.C. S 431(9)(B)(i); 11 C.F.R. 55 100.7(b)(2)

,j mud l00.S(b)(2). 3

This Office believes that the 60 MINUTES broadcast at issuefits squarely within the press exemption. 60 N!NUTns is aregularly scheduled news program and CBS does not appear to beowned or controlled by any political party, campaign committee

or candidate. CBS is listed as a public corporation in theDirectory of Corporate Affiliations: U.S. Public Companies,vol. 3, 1994. In the instant complaint, Mr. Solhz questioned

the nevsvorthiness of the report, primarily because of its

timing (within 45 days of the primary election) and itsr perceived favorable treatment of Representative Gutierre:.CO4

co However, those factors do not preclude application of theO exemption. The press exemption applies when the distribujtion ofO4 news or commentary falls within the media entity's "legitimate

LI) press function." Readers' Digest Ass'n. v. FEC, 509 F. Bupp.r 1210, 1214 (S.D.N.Y. 1981). The exemption is intended to

C protect against potential erosion of the First Amendment freedomof the press. Id. In prior cases the Commission determined that

O similar reports were protected by the press exemption, andtherefore took no enforcement action. See e.g., MUR 3607 -

Northwest Airlines, et al.; MUR 3645 - Arizona Business Gazette,

et al.

3. Under the Commission's regulations, the press exemption stillapplies when ownership or control are present, provided thatcertain conditions are met. 11 C.F.R. S$ lOO.7(b)(2) and100. 8(b) (2).

: violated the Act and close the file.4 bl

III. RDWU _l-_ID&l kTZOUS

1. Find no reason to believe that CBS Inc., RepresentativeLuis Gutierre:, Gutierrez for Congress, and Raul Vega, astreasurer, violated the Act in connection with thecomplaint filed in MUR 3931.

2. Approve the appropriate letters

3. Close the file.

Lavrence N. NobleGeneral Counsel

BY:Date

Associate General CouuiaOl

Attachments1. Complaint2. Response of CBS Inc.

Ob

4. With respect to Mr. Soliz' request for equal time to respondto the 60 MINUTES report, the Act does not provide for suchrelief. Such issues are within the purview of the FederalCommunications Commission.

It)

a,

:2 I

337033 T33 F3DERAL EL3CflONl CON[NIION

In the Matter of

CBS, Inc.iRmpresentative Lits OutierreugGutierreu for Congress and RaulVega, as treasurer.

) MU! 3931

CERTIFICATION

I, Marjorie W. Emmons, Secretary of the Federal Election

Commission, do hereby certify that on May 19, 1994, the

Commission decided by a vote of 6-0 to take the following

actions in MU! 3931:

1. Find no reason to believe that CBS, Inc.,Representative Luil Gutierres, Gutierreu forCongress, and Raul Vega, as treasurer,violated the Act in connection vith thecomplaint filed in NUN 3931.

2. Approve the appropriate letters, asrecommended in the General Counsel's Reportdated Nay 16, 1994.

3. Close the file.

Commissioners Aikens, Elliott, McDonald, McGarry, Potter,

and Thomas voted affirmatively for the decision.

Attest:

DateMa r *. mo

Received in the Secretariat: Mon., May 16, 1994Circulated to the Commission: Mon., May 16, 1994Deadline for vote: Thurs., May 19, 1994

10:40 a.m.4:00 p.m.4:00 p.m.

bj r

'0

('4

~FEDERAL ELECTION COMMISSIONASHINTON. OC 204,

tWV 25, 1994

CERIIFIED RAILRETUJRN RECKI?? REUETED

Juan M. Sol:z1343 N. 19th St.Chicago, IL 60608

RE: MUM 3931

Dear: Mr. Soil:

r% on May 19, 1994, the Federal Election Commission reviewedN. the allegations of your complaint, which was received by thet Commission on February 14, 1994, and found that, on the basis of

the information provided in your complaint and informationaO provided by the respondents, there is no reason to believe that

CBS, Inc., Representative Luis OGatierres, Gutierres forCI Congress, and Saul Vega, as treasurer, violated the Federal1 Election Campaign Act of 1971, as amended ('tha Ac:t').

Accordingly, on Nay 19, 1994, the Commission closed, the file inti) this matter.

I)The Act allows a complainant to seek JudicisI review of theCommission's dismissal of this action. Se r U .S'.c¢.

wr S 4379(a) (8).

C, Sincerely,

Lawrence N. NobleO. General Counsel

BY: Loi s G./ erAssociate General Counsel

EnclosureGeneral Counsel's ReportCertification of Commission action

~FEUAL ELECTION COMMISSIONMAYr 25, 1994

Noward F. Jeeckel,Associate General CounselCR5 Inc.51 West 52th StreetNov York, N.Y. 10019

RE: HNUR 3931

Dear: Mr. Jaeckel:

On February 22, 1994, the Federal Election Commissionnotified CBS News and 60 MINUTES that they may have violated the

cO Federal Election Campaign Act of 1971, as amended ("The Act").

C On Nay 19. 1994, the Commission found, on the basis of theinformation in the complaint and information provided by C1BS,

cO Inc., that there is no reason to believe that CBJS, Inc. violatedthe Act. Accordingly, the Commission closed its file in this

O matter.

el The confidentiality provisions at 2 U.S.C. S 437g(a)(12) notO longer apply and this matter is now public. In addition,

although the complete file must be placed on the public recordr within 30 days, this could occur at any time follovla,

certification of the Comission's vote. If u wish to 841bitwv any factual or legal materials to appear on the public toord,~please do so as soon as possible. While the file may be placed

on the public record before receiving your additional materials,~any permissible submissions will be added to the public record

upon receipt.

Sincerely,

Lawrence N. NobleGeneral Counsel

BY: Lois G. rnerAssociate General Counsel

EnclosureGeneral Counsel's Report

~FEDERAL ELECTION COMMISSIONi WASHINCItON, DC zSb3

t9Y 25, 199'

Raul Vega, TreasurerGutierres for Congress4452 West Diversey Ave.Chicago, IL 60639

RE: MUR 3931

Dear: Mr. Vega:

On February 22, 1994. the Federal Election Commissionnotified the Gutierre: for Congress committee and you, astreasurer, that the Gutierre: for Congress committee and you, as

0 treasurer, may have violated the Federal Election Campaign Actof 1971, as amended ('The Act').

c JOn Nay 19, 1994, the Commission found, on the basis of the

co information in the complaint and information provided by another€ respondent, that there is no reason to believe that you violated

the Act. Accordingly, the Commission closed its file in thisOi matter.

In) The confidentiality provisions at 2 U.S.C. S 4379(a)(12) nolonger apply and this aster is now public. Zn addition,

~although the complete file suet ,be placed on the public recordr within 30 days, this coad occur at any tine follvis

certification of the Comission's vote. If you wisht 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 before receiving your additional materials,

any permissible submissions will be added to the public recordo upon receipt.

Sincerely,

Lawrence N. Noble

Gene ral Counsel

BY: Lois G. ner~Associate General Counsel

EnclosureGeneral Counsel's Report

• FEDIRAL ELECTION COMMISSIONliltASH,4GtN. C 201 ?Y 25, 1991.

PERSONAL AND CO~l XDENTIAL

Representative Zulu V. Gutierre:Nouse of RepresentativesWashington, D.C. 20515

RE: NUR 3931

Dear: Nr. Gutierre:

On February 22, 1994, the Federal Election Comission0 notified you that you may have violated the Federal Election

Campaign Act of 1971, as amended ("The Act').

On Ray 19, 1994, the Commission found, on the baui of thecO information in the complaint and information provided by another04 respondent, that tbere is no reason to believe that you violated

the Act. Accordingly, the Commission closed its file in this08 matter.

U) The confidentiality provisions at 2 U.S.C. 3 4379(a)(12) noe longer apply and this matter is now public. I, addtion,

tqr within 30 days, this moud occur at any ti tId~~mcertification of the Commission's 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

Wr on the public record before receiving your additional materials,any permissible submissions will be added to the public record

Oh upon receipt.

Sincerely,

Lawrence N. Noble

General Counsel

BY: Lois G. rr " -

Associate General Counsel

EnclosureGeneral Counsel's Report

FEDERAL ELECTION COMiSSION

ThIs Is11EEMOF JR# Ji.

MrTE FILMED 4,. 'L. C N..

C.