• Proof that the donor received information about FECA
prohibitions and requirements directly from a candidate,
political committee, or campaign, e.g., through the use
and execution of what are called “contributor cards.”
Certain provisions of FECA address acts that are malum in se,
that is, inherently wrongful conduct from which willful intent to
violate the law can be inferred from mere proof that the prohibited act
was committed. These exceptional provisions are the Act’s prohibitions
against: conversion of campaign funds (§ 30114); misrepresentation
of campaign authority to damage an opponent’s campaign (§ 30124(a));
fraudulent solicitations (§ 30124(b)); certain coerced contributions by
corporations and unions (§ 30118(b)(3)(A)); and false expenditure
reports to the FEC (§ 30104(b)(5)(A)). In such cases, the instructions
must not take the intent issue from the jury. However, evidence and
argument before the jury on the element of willfulness in these cases
may not require as much proof of concealment as in other FECA
offenses.
(b) Aggregate value
For most FECA offenses to be eligible for criminal penalties,
the contributions or expenditures at issue must “aggregate” to $2,000
or more in a calendar year. 52 U.S.C. § 30109(d)(1)(A). The
exceptions to this $2,000 requirement are violations of the
prohibition in Section 30118(b)(3) against the use by corporate or
union PACs of coerced contributions, which sets a threshold of $250,
and knowing and willful violations of the prohibition in Section
30124 against fraudulent misrepresentation of campaign authority to
damage another candidate or political party or to solicit contributions
for a candidate or political party, which sets no threshold.
In determining the aggregate value of a FECA violation, the
customary practice has been to include the overall “value” of a series of
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