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For Immediate Release
August 11, 2003
Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
ADR PROGRAM RESOLVES CASES
WASHINGTON -- The Federal Election Commission is making public three additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 81 the total number of cases released thus far. The program’s goal is to expedite resolution of some enforcement matters, reduce the cost of processing complaints, and enhance overall FEC enforcement. Closed ADR negotiated settlement summaries are available in the FEC’s Press and Public Records offices.

For a case to be considered for ADR treatment, a respondent must express willingness to engage in the ADR process, agree to set aside the statute of limitations while the case is pending in the ADR Office, and agree to participate in bilateral negotiations and, if necessary, mediation.

Bilateral negotiations through ADR are oriented toward reaching an expedient resolution with a mutually agreeable settlement that is both satisfying to the respondent(s) and in compliance with the Federal Election Campaign Act (FECA). Resolutions reached through direct and, when necessary, mediated negotiations are submitted to the Commissioners for final approval. If a resolution is not reached in bilateral negotiation, the case proceeds by mutual agreement to mediation. It should be noted that cases resolved through ADR are not precedential.

 

1. ADR 101
RESPONDENTS: Gerald C. "Jerry" Weller for Congress, Roger Forcash, treasurer
SOURCE: FEC Initiated
SUBJECT: Corporate contributions; excessive contributions
NEGOTIATED SETTLEMENT: $2,500 civil penalty

Respondents acknowledge that violations of the FECA occurred. Respondents contend that they refunded questionable contributions and provided additional information to reflect that several of the contributions questioned in the audit were not prohibited. Respondents also contend that they retained, on an ongoing basis, a professional firm to ensure the committee’s compliance with the FECA financial and record maintenance requirements, including periodic review of those financial systems and agree to appoint and FEC compliance officer.

2. ADR 128
RESPONDENT: Staton for Congress, Ronald Payne, treasurer and Cecil P. Staton, Jr.
SOURCE: MUR 5265: Daniel C. Weis
SUBJECT: Disclaimers
NEGOTIATED SETTLEMENT: The ADR Office recommends the case be closed and the Commission agrees to close the file.
3. ADR 131
RESPONDENT: (a) American Indian Sovereignty Self Determination & Economic PAC of the National Indian Gaming Association, John Harte, treasurer

(b) Pequot PAC, Daniel Little, treasurer

(c) Holland & Knight Committee for Effective Government, Richard M. Gold, treasurer

(d) Friends of Jim Oberstar, Joseph Moran, treasurer

(e) Lockridge Grindal Nauen Political Fund

(f) Mah Mah Wi No Min II, James W. Genia, treasurer

(g) Tunica – Biloxi Indian PAC, Douglas Burke, treasurer

(h) Melanie Benjamin

SOURCE: MUR 5327: Joseph Marble and David Hoch
SUBJECT: Excessive contributions; failure to disclose affiliated committees
NEGOTIATED SETTLEMENT: The ADR Office recommends the case be closed and the Commission agrees to close the file.

 

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