The letters seeking additional information about campaign finance activity issued by the Federal Election Commission issue stern warnings, stating that there will be no extensions granted and that there will be no additional notices.

"Failure to provide an adequate response by (the response due date) may result in an audit of the committee", is boldly declared in the three letters issued on Feb. 16.

Maybe for some committees but the looming question is why is TerriPAC, the political action committee formed and chaired by Michael Schiavo, is receiving preferential treatment from the FEC.

Three times the federal agency has issued requests for additional information after campaign activity to Brian Schiavo as treasurer of TerriPAC, most recently on Feb. 16, demanding explanations of their past filings.

"Failure to comply with the provisions of the Act may also result in an enforcement action against the committee", Schiavo was told. http://images.nictusa.com/cgi-bin/fecimg/?C00417576

Still at issue is the quarterly report for July 1 through Sept. 30, 2006, filed by TerriPAC with the federal agency and although they filed an amended report on Jan. 18, they still haven't provided satisfactory responses, according to the FEC.

The response due date was Monday, March 19 but according to the FEC filing index, Schiavo and TerriPAC failed to comply and as of Friday, had still not filed any response with the FEC agency.

FEC is still chasing discrepancies in cash balances reported by TerriPAC and the expenditures made for "fundraising fees", monies paid to Schiavo's consultant, Derek Newton and asking how these funds were expended, telling them if the funds were for specific candidates such as failed Congressional Colorado candidate Angie Paccione who Schiavo supported, disclosure must be made.

FEC is also questioning expenditures reported for "polling", "video production" and "printing and design". If a portion or all of these expenditures were for public communications and voter drive activity containing express advocacy as defined, this would constitute in-kind contribution or independent expenditure and must be properly disclosed, FEC wrote.

In December, the FEC had sent three letters to Brian Schiavo who is listed as the treasurer for the PAC which was formed in December 2005 with the purpose of "holding politicians accountable" especially Republicans who had tried to save the life of Schiavo's brain injured wife, Terri Schindler Schiavo.

Although Schiavo and TerriPAC filed two amended reports by Jan. 2 and another in late January, the FEC said that the amended reports still aren't accurate or adequate.
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Schiavo took to the Internet in late January when either he or his "consultant" Derek Newton posted on the Daily KOS forum, pandering for $50,000. He hasn't properly accounted for the other money he raised by exploiting Terri's name.

On March 13, the same day that Terri's brother, Bobby Schindler, announced his endorsement of Kansas Sen. Sam Brownback for his bid for the GOP nomination for President, Schiavo circulated an email for TerriPAC saying that he had decided to be part of the 2008 election and that he needed to raise "as much as $50,000 this year alone in order to get ready for 2008".

Although the FEC had requested that Schiavo and TerriPAC clarify its multicandidate status in regard to Schiavo's support last summer of Colorado Congressional candidate Angie Paccione and they were told to do it before Jan. 2, to date none of the amended reports filed by Schiavo for TerriPAC disclose the contribution that Schiavo claims was made to Paccione on Juy 12, 2006.

Three times Schiavo and TerriPAC has been advised by FEC that no additional notice would be given, no extensions would be granted and that failure to provide an "adequate response" could result in not only an audit but an enforcement action.

But yet every time, they get yet another chance to provide the requested information----and have still failed to do so.

Attempts this week by The North Country Gazette to contact the FEC public information office regarding TerriPAC have been unanswered by Bob Biersack, FEC press officer.

In regard to the prior requests issued by FEC, Biersack said he could not comment on whether an audit had been authorized or if penalties would be imposed against Schiavo.

"The Federal Election Campaign Act requires that audit and/or enforcement actions the Commission might take must remain confidential until a matter is concluded and any action has been taken", Biersack told The North Country Gazette last year. "As a result, I can't comment beyond what I've told you before describing the general process for review of reports, requests for further information, and how the Commission could proceed in general. I wouldn't be in a position to know if further action was underway and I couldn't comment on it if I did know", Biersack said.

According to the FEC website, Schiavo still hasn't filed a response to a letter sent to him over a year ago on Dec. 21, 2005, requesting clarification regarding whether the political committee had any affiliated committees or connected organizations. Schiavo and the PAC were given until Jan. 20, 2006, by the FEC to file a response under a warning that failure to make an adequate response could be a factor the FEC would weigh in a decision about whether or not to audit TerriPAC.
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TerriPac is currently under scrutiny by the Florida Elections Commission for their reporting activities and contributions in Florida, particularly in regard to the Jim Davis for Governor campaign.
http://www.northcountrygazette.org/articles/102406SchiavoPenalties.html http://www.northcountrygazette.org/articles/110906DavisRefunds.html

In November, Jim Davis, the defeated Democratic candidate for Florida governor, refunded a $500 campaign contribution to TerriPAC which had endorsed Davis.

The refund came two weeks after a complaint was filed Oct. 16 with the Florida Election Commission which alleged that Davis and TerriPAC had violated Florida's campaign finance laws by exceeding the maximum allowed contribution to the Davis campaign, a violation which constitutes a misdemeanor and carries possible jail penalties. http://www.northcountrygazette.org/articles/2007/010307SchiavoPAC.html

Mark O'Brien, an investigator with the Florida agency has confirmed that an investigation of the matter is underway and the matter may be presented to the commission at its May meeting.

O'Brien told The North Country Gazette that he had contacted Schiavo and TerriPAC officers who had denied that they had allegedly violated Florida Statutes with their contributions to the Davis campaign.

Last August, TerriPAC registered in Florida with political consultant Derek Newton of November Group and OnTime Fundraisers listed as the registered agent. Although Brian Schiavo is the treasurer registered with the Federal Elections Commission, Newton listed himself as treasurer in Florida. http://www.northcountrygazette.org/articles/2007/022707ThreeStrikes.html

Campaign finance law allows contributions of $500 per candidate per election but according to the reports filed with the Division of Elections, TerriPAC had exceeded the limit.

DOE records indicate that on Oct. 30, after the complaint had been filed with FEC, the Jim Davis for Governor Campaign refunded $500 to TerriPAC which in essence, acknowledges that the violation had occurred. http://election.dos.state.fl.us/cgi-bin/contrib.exe

The Davis filings with the Florida DOE report only two contributions by TerriPAC, one of $500 on March 22 and one of $500 on Sept. 13.

But expenditures reported by TerriPAC to DOE indicates that a $500 contribution was made to Davis on Oct. 20. However, it was recorded by DOE on Oct. 7 indicating that the contribution had been postdated by nearly two weeks. With Davis already reporting the receipt of $500 from TerriPAC on Sept. 13 for the General Election, another $500 monetary contribution by TerriPAC on Oct. 20 would have been in violation of FS 106.08. http://election.dos.state.fl.us/cgi-bin/expend.exe

Records filed with DOE by the Davis campaign don't recognize the October donation by TerriPAC nor does it report to DOE the $500 refund made to TerriPAC.

FS 106.08 (1)(a) specifically reads that except for political parties, no person, political committee, or committee of continuous existence may, in any election, make contributions in excess of $500 to any candidate for election to or retention in office or to any political committee supporting or opposing one or more candidates.

The law further provides that any officer, partner, agent, attorney or other representative of a corporation or other business entity or of a political party, political committee…….who aids, abets, advises or participates in a violation of any provision punishable under Section 106 commits a first degree misdemeanor. An individual who knowingly and willfully makes or accepts two or more contributions in excess of the $500 limit per election per candidate commits a felony of the third degree as is any corporate officer or representative of a business entity who participates in the violation.

Also at issue is a $2,000 radio advertisement paid for by TerriPAC endorsing Davis. TerriPAC claims it was an independent expenditure but according to the definitions and rules of the Florida Division of Elections, it appears it may have been an in-kind contribution and allegedly violative of law.

TerriPAC records also indicate that the committee reimbursed Danielle Black, the Southern Regional Political Director for the Davis campaign, for travel expenses which may also be viewed as in-kind contributions to the Davis campaign.

According to TerriPAC reporting, a total of $1,500 in money was contributed to the Davis campaign when a total of only $1,000 would be allowed, $500 per election, in addition to the questionable other contributions. http://www.northcountrygazette.org/articles/102406SchiavoPenalties.htm

In a matter related to the Schiavo case, earlier this month, the Federal Election Commission imposed a $500 civil money penalty against Rightmarch.com PAC Inc. of which William Greene is treasurer, for failing to file the July 2006 quarterly report. http://www.fec.gov/press/press2007/20070319AdminFine.shtml

On March 7, the FEC fined 22 political committees a total of $39,500 in civil penalties through its Administrative Fine Program.

In February, 2006, Greene began circulating email solicitations using the name of Terri Schindler Schiavo. Greene claimed that he was raising money for a political action committee known as Terri's List, inferring that the Schindler family was supportive of his efforts when in fact he hadn't secured their permission, did it without their knowledge and continued even after the family asked him to stop doing so.

Greene claims that his group is a conservative political group. Greene has been described as a right-wing activist that launches political campaigns and fundraising appeals at the click of the "Send" key.

Greene said he founded the new PAC using Terri's name in an effort to match the fundraising efforts of the political action committee created by Michael Schiavo who claimed he killed his wife because it was her wish to die.

But while Greene fervishly attacked Michael Schiavo and his money raising efforts in the name of Terri, according to the records of the Federal Election Commission, both PACs had failed to answer the federal government's requests for additional information regarding their fundraising activities.

At this point, Greene as treasurer of RightMarch.com has been penalized but TerriPAC has still not provided the requested information and still not been penalized. Greene's history with the FEC is similar to that of TerriPac.

FEC records indicate that that twice in 2005, Greene's PAC received requests from the FEC for more information. On Jan. 20, 2006, the FEC questioned Greene's quarterly filing for October 2005, requesting "information essential to the full disclosure of your federal election campaign finances". FEC asked Greene to clarify expenditures he has reported for advertising.

Greene was given a deadline of Feb. 21, 2006, to file a response but didn't do so, acting in the same manner as Schiavo and TerriPAC.

Last September, during the volatile election campaign between Sen. James King of Jacksonville and challenger Randall Terry, RightMarch and Greene again circulated an email solicitation which purported to be a fundraising letter written by Bob Schindler Sr., Terri's father, on behalf of Randall Terry.

But Bob Schindler didn't write that letter. Randall Terry used Schindler's name and Terri's without authorization, a misappropriation of name.

The misuse and misrepresentation by Randall Terry of the Schindler name caused the family to place a disclaimer notice at the web site for the Terri Schindler-Schiavo Foundation, proclaiming "Fraudulent Fundraising Alert!", saying that "There is presently a solicitation letter being circulated that falsely implies that a member of the Schindler family is requesting donations for a political candidate. Any sources soliciting contributions in the name of the Schindler family is unauthorized, misleading and totally disingenuous".

King was almost singlehandedly responsible for Terri's death as a result of his refusal to support legislation in the days before her death which would have saved her life. King was unsuccessfully challenged in his reelection bid by anti-abortionist Randall Terry who acted as a spokesperson for the Schindler family in October, 2003 and again in March 2005 in the days before Terri's death.

Terri Schindler Schiavo suffered brain damage in still inexplicable circumstances at her home on Feb. 25, 1990, when presumably only her husband was present. Her parents battled Michael Schiavo in the courts for nearly 10 years, trying to save the life of their daughter but ultimately Schiavo was successful in obtaining a judicial order to kill his wife by removing all food and water, from her, natural as well as artificial. She died on March 31, 2005, of marked dehydration 13 days after her feeding tube was removed. Pinellas County probate court Judge George Greer had violated Florida statutes by ordering that no attempts could be made to give Terri food and water naturally.

For years, Schiavo skirted Florida statutes pertaining to guardianship law with the assistance of Greer. But now he's subject to the federal rules and regulations of the FEC, as well as the rules and regulations of Florida's Election Commission.

Michael Schiavo and his attorneys, George Felos, Deborah Bushnell and attorneys for the American Civil Liberties Union in addition to California attorney Jon Eisenberg, relentlessly pandered to the Florida court system and ultimately the federal courts for an order to end the life of Terri SchindlerSchiavo's by withdrawing her feeding tube, claiming that she was in a persistent vegetative state although scores of neurologists and physicians said otherwise.

Judge Greer not only issued the judicial order to remove the feeding tube but forbid any attempt to feed her orally, refused to allow any swallowing tests and refused to allow any new medical testing. He even defied Congressional subpoenas and stopped Florida's DCF, the Florida Department of Law Enforcement, U.S. Marshals and the Governor from performing their constitutionally granted duties.

Terri Schindler Schiavo died on March 31, 2005, at age 41, after an agonizing 13 days without food and water. 3-23-07

© 2007 North Country Gazette