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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Case

June 2, 2004

For Immediate Release
June 2, 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 107 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 It should be noted that cases resolved through ADR are not precedential.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 144  
     
  RESPONDENTS: Women’s Campaign Fund, Inc., Lynn Martin, treasurer
  SOURCE: FEC Initiated (Audit)
  SUBJECT: Failure to accurately report receipts, disbursements and cash-on-hand
  NEGOTIATED SETTLEMENT: $750 civil penalty

Respondents acknowledged errors and misstatements inadvertently occurred during the 2000 calendar year. In order to avoid similar errors in the future, they agree to have an FEC compliance officer on staff and have them attend an FEC seminar, within 15 months of the effective date of this agreement.
    -more-
2. ADR 151  
     
  RESPONDENTS: United Food & Commercial Workers, Active Ballot Club, Anthony Perrone, treasurer
  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to file 24-hour reports
  NEGOTIATED SETTLEMENT: $7,000 civil penalty

Respondents acknowledged that a violation of the FECA inadvertently occurred. In order to avoid similar errors in the future, they agree to appoint a Compliance Administrator and have the Administrator attend an FEC seminar, within 15 months of the effective date of this agreement.
     
3. ADR 152  
     
  RESPONDENTS: Libertarian Party of Illinois, David Lee, treasurer
  SOURCE: FEC Initiated (RAD)
  SUBJECT: Excessive contributions
  NEGOTIATED SETTLEMENT: $1,000 civil penalty

Respondents acknowledged that a violation of the FECA occurred due to the fact the committee had only one bank account for both federal and non-federal activities. In an effort to avoid similar errors in the future, they agree to set up separate bank accounts for federal and non-federal funds; file all amended reports required to accurately reflect the contributions and expenditures for both federal and non-federal activities; appoint a member of the staff to serve as the FEC compliance officer and develop an FEC compliance manual.
     
4. ADR 155  
     
  RESPONDENTS: Stephanie Tubbs Jones for U S Congress, Saundra Berry, treasurer
  SOURCE: FEC Initiated (Audit)
  SUBJECT: Personal use of campaign funds
  NEGOTIATED SETTLEMENT: $2,500 civil penalty

Respondents acknowledged that a violation of the FECA occurred in part due to staff inexperience and a misunderstanding of what expenses were legitimate. In an effort to avoid similar errors in the future, they agree to appoint a member of the campaign staff to monitor compliance with FECA.

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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.