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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

September 29, 2005

For Immediate Release
September 29, 2005		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public nine cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 202 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 It should be noted that cases resolved through ADR are not precedential.

1-5.

ADRs 196/198

199/200/213

  
     
  RESPONDENTS:

(a) LeSueur for Congress ’04 (MS/02), Eddie “Edie”    D. Ingrum, treasurer

 

  SOURCE: MURs 5433/5435/5457/5459/5596: Friends of Bennie Thompson (MS/02)
  SUBJECT:

Excessive salary payments

  NEGOTIATED SETTLEMENT:

The Commission rejected the consolidated settlement agreement for LeSueur for Congress ’04 resolving ADRs 196, 198, 200, and 213 and closed the file. The Commission dismissed the complaint as it pertains to LeSueur for Congress ’04 in ADR 199 and closed the file. Statement of Reasons were issued by Chairman Thomas and Commissioners Mason, Smith and Weintraub.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 196,198,199,200 or 213 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
6. ADR 225  
     
  RESPONDENTS:

 

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to report contributions
  NEGOTIATED SETTLEMENT:

$5,000 civil penalty

Respondents acknowledge that not all receipts were reported in the 2003 Year-End Report as required by the Act. Respondents further state that they have taken a number of steps to ensure that complete disclosure reports are filed timely. The steps include contracting with a new bank, creating a new department to deal exclusively with record maintenance, changing to FEC approved software, hiring a compliance consultant, and sending three Committee staff to an FEC seminar in May of 2004. In an effort to avoid similar errors in the future, Respondents agree to send the director of records maintenance to an FEC seminar within 12 months.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 225 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
7. ADR 238  
     
  RESPONDENTS:

Peter Hort for Congress (NY/08), Tal Weitzman, treasurer

  SOURCE:

MUR 5529: Brad Hoylman

  SUBJECT: Excessive contributions; corporate contributions; failure to accurately report disbursements; disclaimers
  NEGOTIATED SETTLEMENT:

Respondents acknowledge that some inadvertent reporting omissions may have occurred due to their inexperience, but denied the allegations of excessive or prohibited contributions, and a lack of disclaimers on public communications, i.e. the Committee website.  Respondents, in an effort to resolve this matter, agree to work with Commission staff to terminate the committee.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 238 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
8. ADR 266  
     
  RESPONDENTS:

Committee to Elect Gabriel Pearse for Congress 2004 (NY/11), Emmanuel Roy, treasurer

  SOURCE:

MUR 5551: Major Owens

  SUBJECT: Failure to file disclosure reports
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 266 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.
     
9. ADR 269  
     
  RESPONDENTS:

Gordon S. Harang and Eileen Harang

  SOURCE:

MUR 5603: Bridget Gallagher, Alaska Democratic Party

  SUBJECT: Failure to file 24-hour report
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 269 under case number in the Enforcement Query System.  They are also available in the FECs Public Records Office at 999 E St. NW in Washington.

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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.