WASHINGTON -- The Federal Election Commission has successfully resolved three enforcement matters through its Alternative Dispute Resolution (ADR) program. In ADR 307, Benson K. Whitney disgorged $5,000 to the U.S. Treasury when he self-reported after the statute of limitations had expired that he had exceeded the $25,000 annual contribution limit for 2000.
The Commission chose to dismiss ADR 320 against the DeFazio for Congress Committee for disclaimer violations because the committee revised its disclaimers on all communications to comply with the requirements of FECA. In ADR 333, the Commission dismissed the case against US–Cuba Democracy PAC because the committee took immediate action to refund the receipt of an excessive contribution and the amount was de minimis.
The ADR program has proved very effective in expediting resolution of certain types of violations and reduced the agency’s costs for resolving some enforcement matters. This brings to 264 the total number of cases resolved through the ADR program since it began on October 2, 2000.
The ADR process is designed to reach an expedient resolution with a mutually agreeable settlement that is in compliance with the Federal Election Campaign Act. 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 being resolved, and participate in mediation if necessary. Resolutions are submitted to the Commissioners for final approval. Closed ADR negotiated settlement summaries are available in the FEC’s Press and Public Records office.
1. |
ADR 307 |
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RESPONDENTS: |
Benson K. Whitney |
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SOURCE: |
Sua sponte |
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SUBJECT: |
Exceeding the $25,000 contribution limit (2000) |
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NEGOTIATED SETTLEMENT: |
The respondent advised the Commission that he made contributions in 2000 that exceeded the annual aggregate limit on individual contributions by $5,000. Although, the statute of limitations had expired, the respondent agreed to disgorge and forward to the U.S. Treasury $5,000 to demonstrate compliance with FECA.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 307 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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2. |
ADR 320 |
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RESPONDENTS: |
DeFazio for Congress, Rober Ackerman, treasurer |
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SOURCE: |
MUR 5692: Complainant – Oregon Republican Party |
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SUBJECT: |
Disclaimer |
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NEGOTIATED SETTLEMENT: |
The ADR Office recommended the matter be dismissed because the Committee changed the font size and added the required box to its disclaimers. The Commission agreed and closed the file.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 320 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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3. |
ADR 333 |
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RESPONDENTS: |
(a) US-Cuba Democracy PAC, Gus Machado, treasurer
(b) Fausto Diaz, Jr.
(c) Anolan Ponce
(d) Mauricio Claver-Carone
(e) Citizens for Bunning, Richard L. Robinson, treasurer |
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SOURCE: |
MUR 5710: Complainant - Citizens for Responsibility and Ethics in Washington (CREW) |
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SUBJECT: |
Excessive contributions (in the form of contributions, in-kind contributions and staff advances) |
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NEGOTIATED SETTLEMENT: |
The ADR Office recommended the matter be dismissed because the excessive contribution was de minimis and was promptly refunded. The Commission agreed and closed the file.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 333 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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