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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Case

April 14, 2004

For Immediate Release
April 14, 2004		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASE
WASHINGTON -- The Federal Election Commission is making public a case resolved in the Alternative Dispute Resolution (ADR) program. This brings to 103 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 It should be noted that cases resolved through ADR are not precedential.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 145  
     
  RESPONDENTS: Americans for Sound Energy Policy, Gregg Renkes, treasurer
  SOURCE: FEC Initiated (Audit)
  SUBJECT: Corporate contributions; failure to accurately report in-kind contributions
  NEGOTIATED SETTLEMENT: $4,500 civil penalty

In an effort to clarify the record and in response to the Commission’s request, the respondents refunded $10,500, which represented a portion of the prohibited contributions. The respondents, in order to resolve these issues, agree to work with members of the audit staff to correct and amend disclosure reports for CY 1999 and 2000 previously filed with the Commission; provide the Commission copies of missing documents, including copies of checks refunding the prohibited contributions and to file for termination.

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.