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For Immediate Release
November 21, 2006
Contact:

Bob Biersack
Kelly Huff
George Smaragdis Michelle Ryan

ADR PROGRAM RESOLVES FIVE CASES - FEC IMPOSES $29,000 IN CIVIL PENALTIES

WASHINGTON -- The Federal Election Commission has successfully resolved five enforcement matters through its Alternative Dispute Resolution (ADR) program.

In ADR 314, the National Rifle Association of America Political Victory Fund paid a $17,000 civil penalty for failure to file pre-election independent expenditure reports.

In ADR 322, the International Association of Firefighters Interested in Registration and Education PAC paid a $7,000 civil penalty for failure to file independent expenditure reports and failing to accurately report receipts.

In ADR 312, the American Institute of Certified Public Accountants PAC paid a $5,000 civil penalty for failing to accurately report receipts.

In ADR 315, the Commission dismissed the case against Minamyer for Congress because the committee refunded the excessive contributions and agreed to terminate the committee.

The Commission dismissed the case against the Aloisi for U.S. Senate in ADR 338 because the amount in question was de minimis.

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 275 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 314

     

RESPONDENTS:

National rifle Association of America Political Victory Fund, Mary Rose Adkins, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

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

NEGOTIATED SETTLEMENT:

$17,000 civil penalty

Respondents acknowledge their failure to file the required 48-Hour and 24-Hour Notices for independent expenditures and agree to send at least three members of the Association’ staff to a FEC seminar on reporting responsibilities; conduct an internal training program for Association staff on FECA reporting responsibilities; prepare, maintain and distribute to Association staff copies of a manual on the obligations and requirements of FECA and pay a civil penalty of $17,000.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 314 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 322

RESPONDENTS:

International Association of firefighters Interested in Registration and Education PAC, Vincent J. Bollon, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to file 24-Hour and 48-Hour Notices for independent expenditures, failure to accurately report receipts

NEGOTIATED SETTLEMENT:

$7,000 civil penalty

Respondents acknowledge an inadvertent failure to file 48-Hour and 24-Hour Reports. Respondents have hired an experienced outside compliance specialist and a consultant to review FEC reporting procedures. In addition they agree to develop a compliance desk manual for use by Committee staff; send a representative to a FEC seminar within 12 months and pay a $7,000 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 322 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 312

RESPONDENTS:

American Institute of Certified Public Accountants PAC, Anthony Pugliese, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Failure to accurately report receipts

NEGOTIATED SETTLEMENT:

$5,000 civil penalty

Respondents contend that the omissions were due to programming issues arising from the Committee’s conversion of its computer systems. Respondents agree to prepare a compliance desk manual for use by Committee staff no later that December 31, 2006; have a Committee representative attend a FEC reporting seminar within 12 months and pay a $5,000 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 312 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.

     

4.

ADR 315

RESPONDENTS:

Minamyer for Congress, Ralph L. Minamyer, treasurer

SOURCE:

FEC Initiated (RAD)

SUBJECT:

Excessive contributions

  NEGOTIATED SETTLEMENT: Respondents contend they were unaware that the loans from family members constituted contributions, and thus excessive contributions. The candidate provided $47,600 in refunds to family members. The Respondents agree to terminate the Committee within 6 months. Financial hardship prevents the Respondents from paying any civil penalty, so the Commission agreed to depart substantially from the civil penalty justified in this matter.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 315 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.

     

5.

ADR 338

RESPONDENTS:

(a)    Aloisi for U.S. Senate, Gene Carr, treasurer

(b)       Mike Aloisi

SOURCE:

MUR 5737: Complainant – Mark Paul Low

SUBJECT:

Failure to return or deposit contribution check within 10 days of treasurer’s receipt; commingling of campaign funds in private bank account

NEGOTIATED SETTLEMENT:

The complainant alleged that the respondents violated the law when the candidate cashed a contribution check and did not deposit the funds in the committee account. Respondents contend that the check was deposited into the campaign account as soon as the account was opened. The ADR Office recommends the matter be dismissed and the Commission agreed and closed 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 338 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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