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For Immediate Release
January 12, 2007
Contact:

Bob Biersack
Kelly Huff
George Smaragdis Michelle Ryan

ADR PROGRAM RESOLVES THREE CASES

WASHINGTON -- The Federal Election Commission has successfully resolved three enforcement matters through its Alternative Dispute Resolution (ADR) program.

In ADR 308, the Fortuño 2004, Inc. committee paid a $1,000 civil penalty for failing to itemize debts and obligations accurately on their 2003 and 2004 campaign financial reports.

In ADR 318, the Hall for Congress committee paid a $1,000 civil penalty for failing to disclose all financial activity on its 2004 April Quarterly report.

The Commission dismissed a complaint against the Marty Schwimmer Congressional Committee in ADR 348 because the committee filed its 2006 Pre-Primary Report on time.

The ADR program has proved very effective in expediting resolution of certain types of violations and reduced the agency’s costs for resolving some enforcement matters. This brings to 281 the total number of cases resolved through the ADR program since it began on October 2, 2000.

The ADR process is designed to reach an expedient resolution with a mutually agreeable settlement that is in compliance with the Federal Election Campaign Act.  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 being resolved, and participate in mediation if necessary.  Resolutions are submitted to the Commissioners for final approval.  Closed ADR negotiated settlement summaries are available in the FEC’s Press and Public Records office.

1.

ADR 308

     

RESPONDENTS:

Fortuño 2004, Inc. (PR), Maria A. Sanchez Bras, treasurer

SOURCE:

FEC Initiated (Audit)

SUBJECT:

Failure to accurately report debts and obligations

NEGOTIATED SETTLEMENT:

$1,000 civil penalty

Respondents acknowledge inadvertent errors in their itemizations of debts and obligations, but contend that some of the invoices were dated incorrectly by the vendors. The Committee complied with the recommendations of the Audit division and filed amended reports for 2003 and 2004 to correct its itemization of debts and obligations. In an effort to resolve this matter, the Respondents agree to work with the Commission to terminate the committee and pay a civil penalty of $1,000.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 308 under case number in the Enforcement Query System.  They are also available in the FEC's Public Records Office at 999 E St. NW in Washington.

     

2.

ADR 318

RESPONDENTS:

Hall for Congress (TX/04), J. Blakeley Hall, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to report receipts accurately

NEGOTIATED SETTLEMENT:

$1,000 civil penalty

Respondents acknowledge an inadvertent violation of FECA, due to miscommunication between a campaign consultant and the Committee. Respondents agree to develop and maintain a FEC compliance desk reference manual and pay a civil penalty of $1,000.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 318 under case number in the Enforcement Query System.  They are also available in the FEC's Public Records Office at 999 E St. NW in Washington.

     

3.

ADR 348

RESPONDENTS:

Marty Schwimmer Congressional Campaign (CA/45), Marty Schwimmer, treasurer

SOURCE:

MUR 5756: Complainant – Timothy O’Bayley

SUBJECT:

Failure to file disclosure report; disclaimer

NEGOTIATED SETTLEMENT:

The complaint alleged that the Marty Schwimmer Congressional campaign failed to file a 2006 Pre-Primary Report and distributed public communications without appropriate disclaimers. Respondents contend that they did timely file 2006 Pre-Primary Report and that the other allegations were too vague to make a response. The ADR Office recommended that this matter be dismissed and the Commission agreed.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 348 under case number in the Enforcement Query System.  They are also available in the FEC's Public Records Office at 999 E St. NW in Washington.

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