CHAPTER FIVE
CAMPAIGN FINANCING CRIMES
INTRODUCTION
The nation’s campaign financing laws are designed to regulate
the influence of money on politics, to combat actual or apparent quid
pro quo corruption. 46 The campaign finance laws do this by limiting
the size of contributions that individuals may contribute; by
prohibiting contributions from entities such as corporations, unions,
and banks, whose potential corrupting influence on democratic
government has been historically demonstrated, to candidates for
public office and political parties; and by imposing strict disclosure
requirements on those who participate in the federal campaign financing
process. Transparency in campaign financing has also become a
pillar of international standards for democratic elections.
In addition to the federal government, all the states have
campaign financing laws. These vary from state to state, and in many
instances they vary significantly from those at the federal level.
Because this book is written for federal prosecutors and investigators, its
focus is on the federal laws that govern this subject. In addition,
because the power of the federal government in the area of campaign
financing is limited primarily to regulating the financing of federal
candidates, Burroughs v. United States, 290 U.S. 534 (1934), the
focus of this chapter is further limited to federal laws that address the
As to actual quid pro quo corruption, the Supreme Court has held that campaign
contributions may constitute a violation of the Hobbs Act, 18 U.S.C. § 1951, only when they
are provided in exchange for a specific requested exercise of official authority. Evans v.
United States, 504 U.S. 255 (1992); McCormick v. United States, 500 U.S. 257 (1991). This
is in recognition of the important and necessary role that campaign contributions play in our
political system.
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