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For Immediate Release
November 9, 2006
Contact:

Bob Biersack
Kelly Huff
George Smaragdis Michelle Ryan

ADR PROGRAM RESOLVES THREE CASES

WASHINGTON -- The Federal Election Commission has successfully resolved three enforcement matters through its Alternative Dispute Resolution (ADR) program. In ADR 311, the Lyndon LaRouche Political Action Committee paid a $7,000 civil penalty for failure to file independent expenditure reports.

The Commission dismissed ADRs 336 and 343 against Gonzalez for Congress because the committee filed all past reports and properly terminated the committee.

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 270 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 311

     

RESPONDENTS:

Lyndon LaRouche Political Action Committee, Barbara M. Boyd, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to file 24-Hour and 48-Hour Notices for independent expenditures (totaling $134,459.91)

NEGOTIATED SETTLEMENT:

$7,000 civil penalty

Respondents acknowledge an inadvertent violation due to their misunderstanding of the requirement of 24-Hour and 48-Hour Notices. Respondents agree to develop a compliance manual for staff reference, attend a FEC seminar on campaign finance and pay a civil penalty of $7,000.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 311 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.

     

2/3.

ADR 335 & 343

RESPONDENTS:

Gonzalez for Congress, Brian C. Bustamante, treasurer

SOURCE:

MUR 5717: Complainant – Juan F. Diaz

MUR 5762: Complainant - Mikel Llanes

SUBJECT:

Failure to file disclosure reports; personal use of campaign funds

NEGOTIATED SETTLEMENT:

The complaint alleged that Gonzalez for Congress promoted the candidate’s personal business on his campaign website and failed to file disclosure reports. Respondents contend that there was no intention to violate the Act and that after losing the 2004 General Election, the candidate informed the treasurer that he had no intention to run again on the Libertarian ticket. The treasurer did not realize there had been no termination report filed until the candidate contacted him and all past reports have been filed. 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 336 or 343 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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