should be considered for federal prosecution under one or more of the prosecutive theories presented above. 2. FECA’s Criminal Penalty Provision As noted above, FECA has an internal criminal penalty provision, Section 30109(d). In order for a FECA violation to be a federal crime, Section 30109(d) generally requires that two elements be satisfied: the violation must have been committed “knowingly and willfully,” and, with certain exceptions, the amount involved in the violation must aggregate $2,000 or more in a calendar year. Moreover, a single pattern of illegal conduct can often involve several FECA offenses, which may have different monetary thresholds for criminal penalties. An example would be corporate contributions in violation of Section 30118 that are laundered through conduits in violation of Section 30122. Prosecutions under the Act thus present three factual issues: intent, aggregate value, and applicable penalties. These topics are discussed below. (a) Intent Most FECA violations must have been done “knowingly and willfully” to provide a basis for criminal liability. § 30109(d). The willfulness required is defined by the Bryan standard, articulated by the Supreme Court in Bryan v. United States, 524 U.S. 184 (1998). In that case, the Supreme Court considered the willfulness requirement for trading in or transporting firearms in interstate commerce without a license. Finding that the statute at issue was not highly technical such that it would “ensnar[e] individuals engaged in apparently innocent conduct,” as the tax laws might, the Court found willfulness, as used in the statute, did not require the defendant to have known of a specific statutory duty. Bryan, 524 U.S. at 193–95. Instead, the defendant need only know, generally, that his conduct was unlawful. Id. at 195–96. 152