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  • Press Release

FEC Collects $16,000 in Civil Penalties Through ADR Program

December 18, 2006

For Immediate Release
Decemeber 18, 2006
Contact:

Bob Biersack
Kelly Huff
George Smaragdis Michelle Ryan

FEC COLLECTS $16,000 IN CIVIL PENALTIES THROUGH ADR PROGRAM

WASHINGTON -- The Federal Election Commission has successfully resolved three enforcement matters through its Alternative Dispute Resolution (ADR) program and collected $16,000 in civil penalties.

In ADR 302, the International Brotherhood of Electrical Worker’s Local 98 Committee on Political Education paid an $8,500 civil penalty for failure to file pre-election independent expenditure reports.

In ADR 328, the Republican Party of Texas paid a $7,500 civil penalty for failing to accurately report receipts.

The Commission dismissed a complaint against Erickson for Congress in ADR 341 because the amount in question was de minimus and the committee filed a report that disclosed the activity.

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 278 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 302

     

RESPONDENTS:

International Brotherhood of Electrical Worker’s Local 98 Committee on Political Education , John Dougherty, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to file 24-Hour and 48-Hour Notices for independent expenditures

NEGOTIATED SETTLEMENT:

$8,500 civil penalty

Respondents acknowledge an inadvertent violation of the law. The Committee maintains it took proactive steps such as appointing an assistant treasurer with specific compliance responsibilities and informed the staff involved in disbursing funds for independent expenditures of the 48-Hour and 24-Hour notice requirements. The Respondents further agree to develop a compliance manual for use by Committee staff; send a representative to a FEC seminar within 12 months and pay a $8,500 civil penalty.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 302 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 328

RESPONDENTS:

Republican Party of Texas, Wayne Tucker, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to accurately report receipts

NEGOTIATED SETTLEMENT:

$7,500 civil penalty

Respondents acknowledge inadvertent errors and violations of the law. Respondent subsequently contracted with two firms to assist with reporting and to provide training and updates to Committee staff on requirements under the law. Also, the respondent has agreed to develop a compliance manual and pay a $7,500 civil penalty.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 328 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 341

RESPONDENTS:

Erickson for Congress, Craig McQuarrie, treasurer

SOURCE:

MUR 5747: Complainant – Democratic Party of Oregon

SUBJECT:

Failure to file an accurate campaign financial disclosure report

NEGOTIATED SETTLEMENT:

The complaint alleged that Erickson for Congress filed a false 2006 April Quarterly Report because it failed to disclose all the Committee’s financial activity. Respondents contend that they did not report an expenditure made by the candidate because they believed they were not required to, as the Committee had not yet received contributions, or made expenditures in excess of $5,000. The ADR Office recommended that this matter be dismissed and the Commission agreed.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 341 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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