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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

July 25, 2002


For Immediate Release
July 25, 2002		 Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton

 

ADR PROGRAM RESOLVES CASES
WASHINGTON -- The Federal Election Commission is making public three additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 39 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 It should be noted that cases resolved through ADR are not precedential.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 #058
RESPONDENT: Charles J. Swindells
SOURCE: Sua sponte
SUBJECT: Exceeding the $25,000 annual contribution limit
NEGOTIATED SETTLEMENT: $6,000 civil penalty

The respondent, on learning that his contributions exceeded the $25,000 statutory limit, obtained a refund of $13,000 from the primary recipient of the contributions.
2. ADR #065
RESPONDENTS: Massachusetts Republican State Congressional Committee
SOURCE: FEC Initiated (RAD)
SUBJECT: Excessive non-federal transfers to federal account
NEGOTIATED SETTLEMENT: $10,000 civil penalty

Respondent acknowledges that a violation of the FECA occurred due to a variety of reporting errors. Respondent, in an effort to avoid similar errors agrees to appoint a FEC Compliance Officer, have the individual attend a FEC sponsored seminar, and develop a FEC Compliance Manual.
3. ADR #066
RESPONDENTS: Friends of John Sharpless
SOURCE: FEC Initiated (Audit)
SUBJECT: Excessive contributions
NEGOTIATED SETTLEMENT: $1,000 civil penalty

Respondent, in effort to resolve this matter, agrees to confer with an analyst from the Commission’s Reports Analysis Division to ensure all necessary steps are taken to terminate committee and 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.