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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

May 17, 2002


For Immediate Release
May 17, 2002

Contact:

Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton

 

ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public 12 additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 36 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 It should be noted that cases resolved through ADR are not precedential.

Specific released documents placed on the public record within the following closed cases are cited following NEGOTIATED SETTLEMENT heading. Release of these documents is consistent with the district court opinion in the December 19, 2001, decision of AFL-CIO v. FEC, now on appeal to the D.C. Circuit Court of Appeals. Once an appellate decision is rendered, the Commission will review documents related to cases released in the interim.

1. ADR #019
RESPONDENTS: John Carroll and Carroll 2000 Committee, Brian Yomono, treasurer
SOURCE: MUR 5157 - Complainant: Mililani B. Trask
SUBJECT: Use of campaign funds for personal use
NEGOTIATED SETTLEMENT: The ADR Office concludes that the violation alleged in the complaint is unsubstantiated. The Commission concurs by dismissing this matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
2. ADR #023
RESPONDENTS: Ferren for Congress, J. Richard Grear, treasurer (IA)
SOURCE: MUR 5022 - Complainant: Tom Danaher
SUBJECT: Disclaimer; failure to file disclosure report
NEGOTIATED SETTLEMENT: Respondents, in an effort to resolve this matter, agree to work with Commission staff to take necessary steps to terminate the committee within 30 days of the effective date of this agreement.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
3/4. ADR #028 & 029
RESPONDENTS: Florio for Senate, George R. Zoffinger, treasurer

Friends for George Fallon, F. Schindlar, treasurer

Camden County Democratic Committee, Christopher T. Morris, treasurer
SOURCE: MUR 5064 & MUR 5065
NEGOTIATED SETTLEMENT: The Commission decided to excercise its prosecutorial discretion and dismiss the matters.
DOCUMENTS ON PUBLIC RECORD: Certification of vote by Commissioners
5. ADR #039
RESPONDENTS: Becker for Congress Committee, Robert G. Moyer, treasurer
SOURCE: MUR 5096 - Complainant: Vincent Grasso, on behalf of Friends of Carolyn McCarthy
SUBJECT: Disclaimer; failure to report contributions

 
NEGOTIATED SETTLEMENT: Respondents acknowledge that they failed to include a disclaimer on a handout distributed by the Committee and acknowledge the Committee’s responsibility for monitoring its campaign material. Respondents, in order to obtain a better understanding of the requirements and responsibilities placed on federal election campaign committees, agree to attend, during the next 12 months, an FEC-sponsored seminar for campaign committees.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
6. ADR #043
RESPONDENTS: Cynthia McKinney for Congress, Elyria Mackie, treasurer
SOURCE: MUR 5149 - Complainant: William S. Simon
SUBJECT: Failure to report contributions; violation of U.S. House of Representatives ethics regulations
NEGOTIATED SETTLEMENT: The ADR Office concludes that the alleged violations of the FECA are unsubstantiated. The Commission agrees to dismiss this matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
7. ADR #048
RESPONDENTS: Lazio 2000, Inc., Anthony J. Picirillo, treasurer
SOURCE: MUR 5174 - Complainant: Dug Garrett
SUBJECT: Failure to pay for services rendered to campaign; failure to accurately report disbursement
NEGOTIATED SETTLEMENT: The ADR Office finds nothing to substantiate a violation of the FECA as alleged in the complaint. The Commission concurs by dismissing this matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
8. ADR #049
RESPONDENTS: Susan Bass Levin for Congress, Patrick Brennan, treasurer
SOURCE: MUR 4966 - Complainant: Donald F. McGahn II, on behalf of the National Republican Congressional Committee.
SUBJECT: Failure to file Statement of Candidacy and Statement of Organization timely
NEGOTIATED SETTLEMENT: The ADR Office concludes that the violations alleged in the complaint are unsubstantiated. The Commission concurs by dismissing the matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
9. ADR #050
RESPONDENTS: (a) Livingston County Republican Central Committee, Sylvia Bashore, treasurer

(b) Friends of Tim Johnson, James Bray, treasurer
SOURCE: MUR 5139 - Complainant: David Plouffe, on behalf of the Democratic Congressional Campaign Committee
SUBJECT: Excessive contributions
NEGOTIATED SETTLEMENT: (a) Respondents obtained a refund. Respondents agree to adopt and subsequently maintain in its central files guidelines, including FEC regulations, governing committee contributions to federal election campaigns. Respondents agree to arrange and participate in, via a conference call, a round-table discussion on relevant provisions and requirements of the FECA.

(b) Respondents refunded contribution. Respondents acknowledge accepting the subject contributions and in order to avoid similar errors in the future agree that a representative will attend, in the next 12 months, a Commission-sponsored seminar.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement with Livingston County Republican Central Committee and certification of vote by Commissioners; Negotiated Settlement with Friends of Tim Johnson and certification of vote by Commissioners
10. ADR #053
RESPONDENTS: Lazio 2000, Inc., Anthony J. Picirillo, treasurer
SOURCE: MUR 5179 - Complainant: John R. Williams
SUBJECT: Failure to pay for services rendered to the campaign/ failure to accurately report debt
NEGOTIATED SETTLEMENT: The ADR Office finds nothing to substantiate a reporting violation of the FECA as alleged in the complaint. The Commission concurs by dismissing the matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
11. ADR #056
RESPONDENTS: Mike Bilirakis for Congress Committee, Anthony C. Samarkos, treasurer
SOURCE: MUR 5200 - Complainant: Eleanor Roe Munzer
SUBJECT: Use of campaign funds for personal use
NEGOTIATED SETTLEMENT: The ADR Office concludes, following a review of the complaint and the response, that the complaint should be dismissed. The Commission agrees to dismiss this matter.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners
12. ADR #057
RESPONDENTS: Democratic Party of Illinois
SOURCE: FEC Initiated (Audit)
SUBJECT: Corporate contributions
NEGOTIATED SETTLEMENT: $1,500 civil penalty

Respondent acknowledges that it could not demonstrate compliance with the FECA, because it did not possess the necessary documentation to reflect that each contribution was from permissable individual funds and not corporate funds. Respondent produced documentation reflecting that all the contributions at issue were refunded to the contributors, or disgorged to the U.S. Treasury.
DOCUMENTS ON PUBLIC RECORD: Negotiated Settlement; certification of vote by Commissioners

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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.