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  • Press Release

ADR Program Resolves Cases

August 26, 2003

News Releases, Media Advisories

FEC Home Page

For Immediate Release
August 26, 2003
Contact: Kelly Huff
Ron Harris
Bob Biersack
Ian Stirton
ADR PROGRAM RESOLVES CASES
WASHINGTON -- The Federal Election Commission is making public three additional cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 84 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 by mutual agreement to mediation. It should be noted that cases resolved through ADR are not precedential.

1. ADR 119  
     
  RESPONDENTS: Mark Kennedy ?02, James Loizeaux, treasurer
  SOURCE: MUR 5325: Al Patton
  SUBJECT: Failure to file 48-hour reports
  NEGOTIATED SETTLEMENT: After a review of the Respondent?s amended report, the ADR Office concluded that the alleged violation of the FEC cited in the complaint is unsubstantiated. The Commission concurred by dismissing the matter.
     
2. ADR 122  
     
  RESPONDENTS: Ally and Yvonne Visram
  SOURCE: Pre-MUR 410: Sua sponte
  SUBJECT: Corporate contributions/contributions in the name of others
  NEGOTIATED SETTLEMENT: $450 civil penalty

In order to conclude this matter and avoid similar violations in the future, the Respondents agree to educate themselves on the provisions of the FECA with particular reference to the portion of the statute that prohibits corporate contributions to federal election campaigns and promulgate a corporate policy enunciating the prohibition on corporate contributions to federal election campaigns.

     
3. ADR 125  
     
  RESPONDENT: Pappas Telecasting Companies, Inc. PAC
  SOURCE: Pre-MUR 411: Sua sponte
  SUBJECT: Corporate contributions; excessive contributions
  NEGOTIATED SETTLEMENT: Respondent?s sua sponte submission notes the remedial action taken to refund the subject contribution, 42 days after receipt and the listing of these events in the 2002 Year-End report. In order to conclude this matter and avoid similar errors in the future, the Respondent agrees to adopt and distribute to corporate officers and appropriate personnel a policy statement advising of the FECA?s prohibition against corporations contributing to election campaigns, advising any officer of director of the corporation that they are prohibited from consenting to any contribution or expenditure by the corporation to an election campaign and select appropriate Committee representatives to attend a FEC sponsored workshop within 12 months of the effective date of this settlement.

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