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For Immediate Release
April 3, 2006
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public three cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 239 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 It should be noted that cases resolved through ADR are not precedential.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 275

RESPONDENTS:

Steven Reifman for Congress (MI/09), Andrew Glazer, treasurer

SOURCE:

Benjamin Katz

SUBJECT:

Failure to report debt

NEGOTIATED SETTLEMENT:

Respondents, in an effort to avoid similar errors in the future, agree to amend all reports to reflect the disputed debt until it is resolved and work with Commission staff to terminate the committee within 60 days. If the Committee determines within the 60 day period that it wishes to continue operations and not terminate it’s registration with the Commission, it will send a representative to a FEC seminar on campaign finance 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 275 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 296

RESPONDENTS:

Porter for Congress (NV/03), Chrissie Hastie, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to accurately report debts

NEGOTIATED SETTLEMENT:

$3,500 civil penalty

Respondents explained that the missing information on the Committee’s report arose as a result of a consultant’s delay in billing them for services rendered and missing billing statements on two other service contracts. In order to avoid a repetition of similar errors in the future, Respondents agree to establish new procedures to ensure that all contracts for services are recorded and the approval process coordinated with the appropriate Committee staff, provide internal training for Committee staff on handling the FECA requirements for reporting debt, and prepare and maintain a manual of the Committee’s operating procedures in order to comply with the Commission’s reporting requirements.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 296 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 298

RESPONDENTS:

(a)    Bacardi USA, Inc. PAC, Robert M. Higdon, treasurer

(b)    Pete’s PAC, Barbara Bonfiglio, treasurer

(c)    Democratic Believers PAC, Barbara Bonfiglio, treasurer

 

SOURCE:

MUR 5671: Melanie Sloan, Executive Director, Citizens for Responsibility and Ethics in Washington (CREW)

SUBJECT:

Failure to accurately report contributions

NEGOTIATED SETTLEMENT:

(a-c) The ADR Office recommends the matter be dismissed and the Commission agrees to close the file.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 298 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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