HOME / PRESS OFFICE

FEC Home Page

For Immediate Release
July 21, 2005
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public four cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 184 the total number of cases released since the ADR program began October 2, 2000. 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 It should be noted that cases resolved through ADR are not precedential.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 224  
     
  RESPONDENTS:

Tennessee Republican Party Federal Election Account, Joe Arnold, treasurer

  SOURCE: FEC Initiated (Audit)
  SUBJECT:

Excessive contributions; depositing non-federal funds in federal account; prohibited contribution

  NEGOTIATED SETTLEMENT:

$30,000 civil penalty Respondents acknowledge receiving and depositing contributions that exceeded the statutory limits of the Act, maintain that they fully cooperated with the Commission during its audit and complied with all of the recommendations of the Commission’s audit staff. In an effort to resolve these matters, avoid similar problems in the future and convey their intent to comply with the FECA and cooperate with the Commission, Respondents agree to prepare and maintain a procedural manual to provide guidance to the Committee’s staff in complying with the requirements of FECA; forward to the Commission copies of paid cancelled checks of refunded contributions; disgorge to the U.S. Treasury those contributions not refunded to contributors; and select a minimum of two staff members or officers to attend a FEC seminar on Federal election campaign reporting requirements within 18 months of the effective date of this agreement.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 224 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
2. ADR 232  
     
  RESPONDENTS:

(a) The Tides Foundation

(b) Senator John Kerry

(c) Teresa Heinz Kerry

(d) George Soros

(e) Democratic Justice Fund

(f) Miramax Films

(g) Michael Moore/CRM Managment

  SOURCE:

MUR 5501: Marcus G. McDonald

  SUBJECT: Matters not within FEC jurisdiction
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 232 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
3. ADR 234  
     
  RESPONDENTS:

Friends of Bill Nojay (NY/29), Eileen Semmler, treasurer

  SOURCE:

MUR 5484: Geoffrey Rosenberger

  SUBJECT: Failure to file an accurate Statement of Candidacy; failure to accurately report contributions
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 234 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
4. ADR 248  
     
  RESPONDENTS:

(a) Jeff Fortenberry for United States Congress (NE/01), Keith May, treasurer

(b) Nebraska Republican Party, Chris Peterson, Executive Director

  SOURCE:

MUR 5528: Barry R. Rubin, Exective Director, Nebraska Democratic Paty

  SUBJECT: Disclaimer; failure to report operating expenditures/in-kind contributions
  NEGOTIATED SETTLEMENT:

(a-b) The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

(a) Sent admonishment letter.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 248 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     

# # #