PREFACE
This eighth edition of Federal Prosecution of Election
Offenses builds on the original work of Craig C. Donsanto, Nancy
N. Simmons, and others, in all of the prior editions. This edition
updates their work with developments in the law of election
offenses since the last edition in 2007. Trial Attorneys Amanda
R. Vaughn and Simon J. Cataldo of the Public Integrity Section
have contributed substantially to this edition.
Among other things, this edition accounts for important
changes in the law regarding independent expenditures and honest
services fraud, reflecting the Supreme Court’s holdings in Citizens
United v. Fed. Election Comm’n, 558 U.S. 310 (2010), and
Skilling v. United States, 561 U.S. 358 (2010). On a practical
level, the statutory references and appendix have been updated to
account for the recodification of many election crimes into Title
52 of the United States Code. This edition also streamlines
discussion of the history of amendments to the Federal Election
Campaign Act given the passage of time since the most recent
actions by Congress.
This monograph provides only internal Department of
Justice guidance. It is not intended to, does not, and may not be
relied upon to create any rights, substantive or procedural,
enforceable at law by any party in any matter civil or criminal.
Nor are any limitations placed on otherwise lawful litigative
prerogatives of the Department of Justice.
Richard C. Pilger
Director, Election Crimes Branch
Public Integrity Section, Criminal Division
December 2017
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