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For Immediate Release
October 7, 2005
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
ADR PROGRAM RESOLVES CASES

WASHINGTON -- The Federal Election Commission is making public two cases resolved in the Alternative Dispute Resolution (ADR) program. This brings to 204 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 It should be noted that cases resolved through ADR are not precedential.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 176

 
     
  RESPONDENTS:

Committee to Elect John Barker (CA/45), Alicja Barker, treasurer

  SOURCE: FEC Initiated (Audit)
  SUBJECT:

Excessive contribution; failure to accurately report loans and operating expenditures

  NEGOTIATED SETTLEMENT:

$500 civil penalty

Respondent acknowledged omitting the schedules from their 12 Day Pre-Primary. An amended report was subsequently filed. Respondents acknowledged that the acceptance of a loan from his daughter should have been reported as a contribution and that it represented an excessive contribution to the Committee.  Respondent John Barker reported a payment of $25,000 recently made to his daughter to cover the aforementioned loan.

  DOCUMENTS ON PUBLIC RECORD: Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 176 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 261  
     
  RESPONDENTS:

Mike Thompson for Congress Committee (CA/01), Tom Hannigan, treasurer

  SOURCE:

FEC Initiated (RAD)

  SUBJECT: Failure to report disbursement
  NEGOTIATED SETTLEMENT:

$2,500 civil penalty

Respondents explained that the inadvertent omission of the $65,115 was due to a failure to record a wire transfer which was made to a media company and subsequent staff changes. After discovering the error, Respondents filed an amended report with the Commission. Respondents explained that they have instituted a number of procedural changes to record financial transactions, prevent a repetition of the reporting error and ensure that wire transfers are properly recorded as Committee disbursements. Respondents committed themselves to complying with the reporting requirements of the Act. In order to avoid similar errors in the future, Respondents agree to send their assistant Treasurer to a FEC seminar on Federal election campaign 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 261 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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