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For Immediate Release
May 10, 2006
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public two cases resolved in the Alternative Dispute Resolution (ADR) program.  In ADR 288, The Progressive Majority Committee and its treasurer paid a $4,500 penalty for failing to report receipts and disbursements and agreed to terminate.  In ADR 292, W.R. Timken, J.R. disgorged $6,999 to the U.S. Treasury for exceeding the annual contribution limit for 2001.

This brings to 249 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 office.

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 It should be noted that cases resolved through ADR are not precedential.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 288

RESPONDENTS:

Progressive Majority, Thomas C. Matzzie, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to accurately disclose receipts and disbursements

NEGOTIATED SETTLEMENT:

$4,500 civil penalty Respondents explained that the inadvertent omissions in the Committee’s 2004 30-Day Post General Report did not become apparent until its records were reconciled with those of the bank and a subsequent review by the staff of pertinent invoices and related documents.  Thereafter, Respondents amended their reports. Respondents also indicated that the Committee intended to terminate and filed a request. In order to conclude this matter, Respondents agree to proceed with its request to terminate and to pay the civil penalty.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 288 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 292

RESPONDENTS:

W. R. Timken, Jr.

SOURCE:

Sua sponte

SUBJECT:

Exceeding the annual contribution limit (2001)

NEGOTIATED SETTLEMENT:

The contributor made contributions in 2001 to federal candidates and political action committees that in total exceeded the $25,000 annual aggregate limit on individual contributions allowable at the time under the Federal Election Campaign Act (FECA). He noted that when he was advised that his contributions exceeded the limits for 2001, he immediately sought and obtained refunds of $6,499 which brought his aggregate contributions into compliance with the FECA. The contributor concurs that he exceeded the annual contribution limit applicable at the time the contributions were made. In order to resolve this matter, the contributor agrees to disgorge and forward to the U.S. Treasury $6,999.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 292 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.

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