HOME / PRESS OFFICE

FEC Home Page

For Immediate Release
August 25, 2004		 Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASE

WASHINGTON -- The Federal Election Commission is making public six cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 118 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 It should be noted that cases resolved through ADR are not precedential.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 146  
     
  RESPONDENTS: Friends of John Conyers, M. Mickey Williams, treasurer
  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to report receipts and disbursements; failure to accurately report election cycle to date figures and beginning cash on hand figure
  NEGOTIATED SETTLEMENT:

$7,500 civil penalty Respondents acknowledge that a violation of the FECA inadvertently occurred due to a change in staff and interface problems between old filing software and new software. In an effort to avoid similar errors in the future, Respondents agree to appoint a member of the staff to be the FEC compliance officer; develop an FEC compliance manual for use by staff; attend an FEC seminar within 12 months of the effective date of this agreement; work with FEC staff to ensure that reporting requirements are being met and correct and file all relevant reports within 90 days of the effective date of this agreement.

     
2. ADR 149  
     
  RESPONDENTS:

Friends of David Worley, Gregg Brasher, treasurer

  SOURCE: FEC Initiated (RAD)
  SUBJECT: Excessive contributions (acceptance of contributions designated for 2002 General or Runoff Election in which the candidate did not participate)
  NEGOTIATED SETTLEMENT:

$1,000 civil penalty

Respondents acknowledge that an inadvertent violation of the FECA occurred and on learning of the time constraints for the refund, redesignation or reattribution of the excessive contributions, refunded $11,500. In an effort to avoid similar errors in the future, Respondents agree to refund the remaining $100,950; file amended reports reflecting the refunds and work with FEC staff to terminate the committee within 90 days.
     
3. ADR 150  
     
  RESPONDENTS:

Citizens Committee for Gilman for Congress, Murray M. Rosen, treasurer

  SOURCE: FEC Initiated (RAD)
  SUBJECT: Excessive contributions (acceptance of contributions designated for 2002 General election in which the candidate did not participate)
  NEGOTIATED SETTLEMENT:

$25,000 civil penalty

Respondents contend that they had disclosed information regarding re-designations of contributions, provided copies of refund checks, refunded all remaining campaign funds and amended their reports appropriately. They noted that the Committee had closed its offices and had no funds in its accounts with which to make further refunds. In order to resolve this matter and enable Respondents to conclude the activities of the Committee, they agree to work with the Reports Analysis Division (RAD) to amend and conclude the Committee's reporting obligation and to file, thereafter for termination.
     
4. ADR 153  
     
  RESPONDENTS:

Richard Pombo for Congress, Randall Pombo, treasurer

  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to accurately report receipts (amended report revealed an 84% increase in unreported receipts)
  NEGOTIATED SETTLEMENT:

$2,500 civil penalty

Respondents, in an effort to resolve these matters and avoid similar errors in the future, agree to work with staff of the Reports Analysis Division to amend their previously filed July 2003 Quarterly financial report and resolve all outstanding issues pertaining to the Committee's aforementioned report; they will designate one staff member to be responsible for FEC compliance and select at least one individual representing the Committee to attend a FEC seminar on Federal election campaign report requirements, within 12 months of the effective date of this agreement.
     
5. ADR 158  
     
  RESPONDENTS:

NARAL Pro-Choice America PAC, John Botts, treasurer

  SOURCE: FEC Initiated (RAD)
  SUBJECT: Failure to file 24-Hour Notices for independent expenditures
  NEGOTIATED SETTLEMENT: $2,000 civil penalty
     
6. ADR 163  
     
  RESPONDENTS:

(a)   John Sullivan for Congress, Gregory Colpitts,      treasurer

(b)   John Sullivan   
  SOURCE: MUR 5368: Dave L. Pearson
  SUBJECT: Failure to accurately report debts
  NEGOTIATED SETTLEMENT: Respondents acknowledge that the inadvertent reporting violations may have occurred when the committee was converting to new compliance software. Respondents, in an effort to avoid similar errors in the future agree to work with FEC/RAD staff to ensure compliance with reporting requirements, including filing amended reports as necessary; designate an FEC compliance officer from the committee staff or employ an accounting firm to ensure future compliance with the FECA; and designate committee staff to attend an FEC sponsored seminar within 12 months.
     

# # #