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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

December 15, 2004

For Immediate Release
December 15, 2004		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public three cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 145 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 It should be noted that cases resolved through ADR are not precedential.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 178  
     
  RESPONDENTS: Lindsey Graham for Senate, Neil Byerley, treasurer
  SOURCE: FEC Initiated (Audit)
  SUBJECT: Misstatement of financial activity; failure to accurately disclose transfers
  NEGOTIATED SETTLEMENT:

$10,000 civil penalty Respondents acknowledge that an inadvertent violation of the FECA occurred, but contend that all the errors flowed from their misunderstanding of how to transfer funds. In an effort to avoid similar errors in the future, Respondents agree to require their Finance Director to supervise FECA compliance and develop a FECA compliance manual for reference by committee staff.
     
2. ADR 191  
     
  RESPONDENTS:

Chiropractors for Wellness Care PAC, Terry A. Rondberg, treasurer

  SOURCE: MUR 5449: Ronald M. Jacobs
  SUBJECT: Failure to register as a political committee
  NEGOTIATED SETTLEMENT:

The ADR Office recommends the Commission dismiss the case and the Commission agrees to take no further action.

     
3. ADR 195  
     
  RESPONDENTS:

(a)   Harold and Marian Coleman Charitable   Foundation, Inc., Carol Kaufman, President

(b)   NARAL Pro-Choice America PAC, John Botts,   treasurer

(c)   National Committee for an Effective Congress,   James Byron, treasurer

(d)   Emily''''s List, Joseph Solmonese, treasurer

(e)   Democratic Congressional Campaign   Committee, James Bonham, treasurer

(f)   Democratic Victory Fund

(g)   NOW PAC, Terry O''''Neill, treasurer

(h)    America Women Vote

(i)   DNC Services Corporation/Democratic   National Committee, Andrew Tobias, treasurer

(j)   Democratic Senatorial Campaign Committee,   David Rudd, treasurer

(k)   Friends of Senator Carl Levin, Robert Naftaly,   treasurer

(l)   Jean A. Carnahan PAC, Thomas Carnahan,   treasurer

(m)   Brady Campaign to Prevent Gun Violence –   Voter Education Fund, Mark Ingram, treasurer

(n)   DNCC

(o)   Friends of Max Cleland, Harry Stephens, treasurer
  SOURCE: MUR 5476: William Josephson, Assistant Attorney General-in-Charge, State of New York, Charities Bureau
  SUBJECT: Prohibited contributions
  NEGOTIATED SETTLEMENT:

(a-o)   The ADR Office recommends the   Commission dismiss the case and the   Commission agrees to take no further action.

# # #
 

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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.