When investigating a criminal violation of FECA, care
must be taken not to compromise the FEC’s civil and
administrative jurisdiction under 52 U.S.C. § 30109(a). All plea
agreements involving activities that concern FECA violations
should therefore contain an express disclaimer regarding the
FEC’s civil enforcement authority.
Finally, the public disclosure features of FECA provide
investigators a source of information concerning suspicious
contributions. The FEC maintains public data in a manner that
permits it to be sorted by contributor, date of contribution, amount
of contribution, occupation and employer of contributor, and
identity of donee. Data is also similarly maintained with respect to
expenditures. Therefore, the FEC’s public database of financial
transactions can be particularly useful in the preliminary stage of
campaign financing investigations to evaluate or confirm the
likelihood of a FECA violation. This data can be accessed and
sorted at www.fec.gov.
CONSULTATION REQUIREMENTS AND
RECOMMENDATIONS
Justice Department supervision over the enforcement of
all criminal statutes and prosecutive theories involving corruption
of the election process, criminal patronage violations, and
campaign financing crimes is delegated to the Criminal
Division’s Public Integrity Section. This Headquarters’
consultation policy is set forth in the U.S. DEP’T OF J USTICE ,
U.S. ATTORNEYS ’ M ANUAL (USAM), Section 9-85.210. In 1980,
the Election Crimes Branch was created within the Public Integrity
Section to manage this supervisory responsibility. The Branch is
headed by a Director and staffed on a case-by-case basis with
Section prosecutors experienced in handling the investigation and
prosecution of election crimes.
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