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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

August 19, 2002


For Immediate Release
August 19, 2002		 Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton

 

ADR PROGRAM RESOLVES CASES
WASHINGTON -- The Federal Election Commission is making public two additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 41 the total number of cases released thus far. 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 to mediation. It should be noted that cases resolved through ADR are not precedential.

1. ADR #030
RESPONDENT: Idaho Christian Coalition
SOURCE: MUR 5070 - Complainant: Interfaith Alliance of Idaho
SUBJECT: Corporate contribution/voter guide
NEGOTIATED SETTLEMENT: ADR Office reviewed the complaint, response, and supporting documentation, and determined that the allegation was not substantiated as to the name of the respondent named in the complaint. The Commission agreed to dismiss this matter.
2. ADR #060
RESPONDENTS: (a) Engel for Congress, Debby Linhardt, treasurer

(b) Michael Feinstein
SOURCE: MUR 5214 - Complainant: Barry R. Ziman
SUBJECT: Excessive contributions
NEGOTIATED SETTLEMENT: (a) $1,000 civil penalty

Respondents acknowledge an inadvertent software error resulted in the violation of FECA, but on learning of prohibited contributions refunded the money. Respondents, in an effort to avoid similar errors in the future and resolve the matter, agree to attend a FEC-sponsored seminar for candidate committees within 12 months of the effective date of this agreement.

(b) $500 civil penalty

Respondent acknowledges that he contributed the amount specified in the reports filed by the committee, but contended that any violation of the FECA was unintentional.

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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.