Fatico v. United States

How later courts describe this case

• interpreting statutory language in Federal Election Commission Act almost identical to that in FTCA section 9
• agency decision will not be overturned based on technical error if the agency would have reached the same decision absent the error
• governmental interest in conducting field interviews of contributors to LaRouche campaign to determine whether campaign violated Act withstands exacting scrutiny
• one resisting a summons must raise at least “colorable allegations” of an improper purpose before court must afford him opportunity to substantiate his allegations
• "The appropriate standard is to remand for correction of error only when there is substantial doubt that the administrative agency would have reached the result it did absent reference to the material."
• pre-guidelines case holding that out-of-court statements of unidentified informant admissible for sentencing
• “Quantified, the preponderance standard would be 50 + % probable.”
• error not reversible if independent basis for decision exists