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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

February 11, 2005

For Immediate Release
February 11, 2005		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public six cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 158 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 It should be noted that cases resolved through ADR are not precedential.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 187  
     
  RESPONDENTS: Victory 2004/California Republican Party, Douglas Boyd, treasurer
  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to report receipts, reimbursements and debts; failure to accurately report allocable operating expenditures and contributions
  NEGOTIATED SETTLEMENT:

$15,000 civil penalty Respondents acknowledge that continuing software problems resulted in inadvertent violations of the FECA. In an effort to avoid similar errors in the future, Respondents agree to work with RAD to ensure all reports are accurate and have committee staff attend a FEC seminar within 12 months of the effective date of this agreement.
     
2. ADR 188  
     
  RESPONDENTS:

Congressional Majority Committee, Robin L. Foster, treasurer

  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to report disbursements
  NEGOTIATED SETTLEMENT:

$1,000 civil penalty

Respondents state they inadvertently failed to include disbursements for a portion of the period covered by the 2003 July Quarterly Report. In an effort to avoid similar errors in the future, Respondents agree to develop a compliance/financial manual for use by committee staff and have the compliance/financial manager attend a FEC seminar within 12 months of the effective date of this agreement.
     
3. ADR 206  
     
  RESPONDENTS:

(a) Steven Fulop for Congress, Inc., Dave       Lankelevich, treasurer

(b) Reform Democratic Organization of Jersey City, Edward Santiago, treasurer
  SOURCE: MUR 5462: Nicholas Chiaravalotti
  SUBJECT: Failure to file Statement of Candidacy timely; failure to report in-kind contributions
  NEGOTIATED SETTLEMENT:

(a-b)  The ADR Office recommends the Commission take no further action and the Commission agrees with the recommendation and closes the file.

     
4. ADR 214  
     
  RESPONDENTS:

(a) Friends of Larry Klayman, James R. Graham,        treasurer

(b) Larry Klayman
  SOURCE: MUR 5532: Paul R. Jensen
  SUBJECT: Use of campaign funds for personal use
  NEGOTIATED SETTLEMENT:

(a-b)  The ADR Office recommends the Commission take no further action and the Commission agrees with the recommendation and closes the file.

     
5. ADR 220  
     
  RESPONDENTS:

(a) Robert G. Whittel for Congress, Jason Melton,       treasurer

(b) Robert G. Whittel
  SOURCE: MUR 5482: John T. Russell
  SUBJECT: Failure to report disbursements; failure to file disclosure report timely
  NEGOTIATED SETTLEMENT:

(a-b)  The ADR Office recommends the Commission take no further action and the Commission agrees with the recommendation and closes the file.

     
6. ADR 221  
     
  RESPONDENTS:

Friends of Schumer, Steven Goldenkranz, treasurer

  SOURCE: MUR 5490: Alexander F. Treadwell
  SUBJECT: Use of government funds to pay for travel in a federal election
  NEGOTIATED SETTLEMENT:

(a-b)  The ADR Office recommends the Commission take no further action and the Commission agrees with the recommendation and closes the file.

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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.