(c) Non-waiver of the Federal Election Commission’s
civil enforcement authority
The FEC’s enforcement jurisdiction over non-criminal FECA
violations cannot be compromised or waived by the Department of
Justice. 52 U.S.C. § 30107(a)(6) and (e). Accordingly, plea
agreements with defendants who have possible non-criminal exposure
for FECA violations must contain a specific disclaimer to the effect
that the Department of Justice is not waiving the civil enforcement
jurisdiction of the FEC, such as the following:
Nothing in this agreement waives or limits in any way
the authority of the Federal Election Commission to
seek civil penalties or other administrative remedies
for violations of the Federal Election Campaign Act
pursuant to Section 30109(a) of Title 52, United States
Code.
(d) Dealings with the Federal Election Commission
As discussed above, the FEC and the Justice Department have
overlapping enforcement responsibilities over willful and aggravated
violations of FECA. At the same time, the FEC is an independent
executive agency responsible for the oversight and civil enforcement of
the federal campaign financing laws. The Commission’s independent
authority requires that the Department respect the FEC’s
enforcement efforts. Over time, the Public Integrity Section has
developed good relationships with the FEC and its staff, and can help
prosecutors and agents quickly obtain the information they need from
the FEC. The FEC’s Public Records Division has long been a helpful
resource in developing campaign financing cases.
The United States Attorneys’ Offices and the FBI should,
whenever possible, route inquires to the FEC through the Public
Integrity Section. Doing this avoids confusion and increases the
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