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through ADR are not precedential.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 |
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RESPONDENTS: |
Mark Kennedy ?02, James
Loizeaux, treasurer |
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SOURCE: |
MUR 5325: Al Patton |
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SUBJECT: |
Failure to file 48-hour
reports |
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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. |
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2. |
ADR 122 |
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RESPONDENTS: |
Ally and Yvonne Visram |
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SOURCE: |
Pre-MUR 410: Sua sponte |
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SUBJECT: |
Corporate
contributions/contributions in the name of others |
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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. |
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3. |
ADR 125 |
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RESPONDENT: |
Pappas Telecasting Companies,
Inc. PAC |
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SOURCE: |
Pre-MUR 411: Sua sponte |
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SUBJECT: |
Corporate contributions;
excessive contributions |
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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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