are also likely to be perceived by voters and candidates as an intrusion into the election. Indeed, the fact of a federal criminal investigation may itself become an issue in the election. 5 Some election frauds implicate a voter who participates in a voting act attributed to him or her; such cases include votebuying schemes, absentee ballot fraud, and the like. Successful prosecution of those who organize such schemes often requires the cooperation of either the voter or the person who attempted to corrupt or take advantage of the voter. Accordingly, federal prosecutors should apply standard Department policies regarding charging decisions when contemplating charges against voters who cooperate and testify truthfully in cases involving organizational voter fraud. EVALUATING A CAMPAIGN FINANCING ALLEGATION In general, violations of FECA become crimes when they satisfy a monetary threshold and are committed with specific criminal intent. Non-criminal FECA violations are subject to the exclusive jurisdiction of the FEC. To determine whether a FECA violation warrants criminal investigation, the following questions should be answered: (1) Does the conduct involve a situation in which the application of the law to the facts is clear? That is, does it violate one of the principal prohibitions of FECA, namely, the prohibitions against: • Excessive contributions (52 U.S.C. § 30116); Accordingly, the Public Integrity Section must be consulted prior to any voter interviews in the pre-election or balloting period. U.S. DEP’T OF JUSTICE, U.S. ATTORNEYS’ MANUAL (USAM) § 9-85.210. 5 12

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