offenses occurring after January 25, 2003, are governed by
FECA guideline, U.S.S.G. § 2C1.8, pursuant to the crossreference in U.S.S.G. § 2B1.1(c)(3) for false statements.
Additionally, both false internal campaign records and false FEC
filings may be charged as an obstruction under 18 U.S.C. § 1519,
which is governed by U.S.S.G. §2J1.2, which, with a base offense
level of 14, likely provides the highest guideline range available in
campaign finance cases.
3. Embezzlement of Campaign Funds
On occasion, treasurers and other agents of candidates or
political committees, and at times even candidates, convert
campaign contributions to their personal use. If the conversion
involves funds from a candidate’s committee, it is prohibited by
FECA. 52 U.S.C. § 30114. However, if the embezzlement is
from a political committee that is not a candidate’s committee,
FECA prohibition in Section 30114 does not apply. In any event,
campaign embezzlements may be prosecuted under the mail or
wire fraud statutes, as a scheme to obtain money or property by
deceit (18 U.S.C. §§ 1341, 1343). Section 30114 crimes
aggregating $25,000 or more are felonies and for sentencing
purposes fall under FECA guideline § 2C1.8. This is the preferred
approach if the victim is a candidate’s committee and the amount
embezzled is at least $25,000.
For embezzlements from political committees that are
not candidate committees, and for embezzlements from
candidate committees involving amounts under $25,000, the
mail and wire fraud statutes continue to be useful alternatives.
Violations of Sections 1341 and 1343 are governed by the fraud
guideline, U.S.S.G. § 2B1.1, which carries a base offense level
of 6 with possible enhancements under the fraud loss table,
§ 2B1.1(b)(1).
195
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents