| 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not precedential.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 |
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RESPONDENTS: |
Gerald C. "Jerry" Weller for Congress, Roger
Forcash, treasurer |
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SOURCE: |
FEC Initiated |
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SUBJECT: |
Corporate contributions; excessive contributions |
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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. |
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| 2. |
ADR 128 |
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RESPONDENT: |
Staton for Congress, Ronald Payne, treasurer and Cecil P.
Staton, Jr. |
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SOURCE: |
MUR 5265: Daniel C. Weis |
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SUBJECT: |
Disclaimers |
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NEGOTIATED SETTLEMENT: |
The ADR Office recommends the case be closed and the
Commission agrees to close the file. |
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| 3. |
ADR 131 |
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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 |
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SOURCE: |
MUR 5327: Joseph Marble and David Hoch |
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SUBJECT: |
Excessive contributions; failure to disclose affiliated
committees |
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NEGOTIATED SETTLEMENT: |
The ADR Office recommends the case be closed and the
Commission agrees to close the file. |
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