provide viable charging theories for conduct in violation of FECA and
should be pursued where applicable.
(a) Willfully causing submission of false information to
the Federal Election Commission: 18 U.S.C.
§§ 1001 and 2.
Each political committee that seeks to influence a federal
election is required to have a treasurer who is required to file periodic
reports with the FEC of contributions to and expenditures by the
committee, including the identity of all persons contributing over
$200 in a calendar year. 52 U.S.C. §§ 30102(a), 30104(a) & (b)(3)(A).
In addition, persons receiving a contribution to a political committee
must forward it to the treasurer, along with the identity of all donors
contributing over $50. 52 U.S.C. § 30102(b). The treasurer’s reports
thus include information from individuals who have forwarded
contributions to the committee.
A treasurer who submits information concerning contributions or
expenditures to the FEC, knowing the information to be false,
violates 18 U.S.C. § 1001. A person involved in a transaction
reportable under FECA who attempts to disguise it, or misrepresents its
source, purpose, or amount, “willfully causes” the treasurer of the
recipient committee to furnish false information concerning the
transaction to the FEC in violation of l8 U.S.C. §§ 2(b) and 1001
under the Bryan intent standard (which Department policy recognizes
as applicable to § 1001). This information is “material” to the
“jurisdiction” of the FEC in that it impacts adversely upon the
Commission’s statutory duties to make public an accurate account of
financial transactions done for the purpose of influencing a federal
election, see 52 U.S.C. § 30111(a)(4), and, in situations when the
concealed fact itself constitutes a violation of FECA, to enforce the
law, see §§ 30107(a)(6) & (9), 30109(a)(5).
159
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