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