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Federal Election Commission | United States of America
  • Press Release

ADR Program Resolves Cases

November 17, 2005

For Immediate Release
November 17, 2005		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public five cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 218 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 It should be noted that cases resolved through ADR are not precedential.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 262

 
     
  RESPONDENTS:

Chicago Board of Options Exchange, Inc. PAC, Alan J. Dean, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT:

Failure to accurately report all financial activity

  NEGOTIATED SETTLEMENT:

Respondents acknowledged that some reports were filed in 2003-2004 with incomplete financial data due to a software problem. Respondents, in an effort to avoid similar errors in the future agree to designate a Committee compliance officer and attend a FEC campaign finance seminar for PACs within 12 months of the effective date of this agreement.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 262 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.
     
2. ADR 268  
     
  RESPONDENTS:

Bob Ney for Congress (OH/18), Terrence A. Lee, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to accurately report all disbursements
  NEGOTIATED SETTLEMENT:

$2,000 civil penalty

Respondents acknowledged a violation of FECA occurred due to two wire transfers that were not recorded properly on the manual check register. Respondents retained the services of a compliance specialist to review the Committee’s reporting process and in an effort to avoid similar errors in the future, agree to have the treasurer attend a 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 268 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.
     
3. ADR 273  
     
  RESPONDENTS:

Lott for Congress Committee (MS/04), Jerry Deas, treasurer

  SOURCE:

MUR 5579: Gene Taylor for U.S. Congress (MS/04)

  SUBJECT: Failure to file disclosure reports
  NEGOTIATED SETTLEMENT:

$2,000 civil penalty

Respondents acknowledged an inadvertent violation of FECA due to inexperienced staff.  Respondents, in an effort to avoid similar errors in the future, 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 273 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.
     
4. ADR 277  
     
  RESPONDENTS:

Arab American Leadership Council PAC, James J. Zogby, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to file disclosure reports
  NEGOTIATED SETTLEMENT:

$4,000 civil penalty

Respondents acknowledged a violation of FECA due to inexperienced staff. Respondents, in an effort to avoid similar errors in the future, agree to file missing reports; hire a PAC Administrator/Compliance specialist; develop a compliance manual for reference by Committee staff and send a Committee representative to a 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 277 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.
     
5. ADR 282  
     
  RESPONDENTS:

Rick Renzi for Congress (AZ/01), Nancy H. Watkins, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to accurately report all receipts
  NEGOTIATED SETTLEMENT:

$1,000 civil penalty

Respondents acknowledged an inadvertent violation of FECA, due to a glitch in the former Treasurer’s software. Respondents, in an effort to avoid similar errors in the future, agree to appoint a compliance officer for the Committee and have them attend a FEC seminar within 18 months.
  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 282 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.