penalties enacted in 2002 as reflecting a clear congressional intent that all knowing and willful violations involving sums that aggregate above the statutory minimums for FECA crimes be considered for prosecution. (3) Was the violation committed under circumstances suggesting that the conduct was “knowing and willful?” FECA violations become potential crimes when they are committed knowingly and willfully, that is, by offenders who acted with knowledge that their conduct was against the law. While this is at times a difficult element to satisfy, examples of evidence supporting the element include: (a) an attempt to disguise or conceal financial activity regulated by FECA; (b) status or prior experience as a campaign official, candidate, professional fundraiser, or lawyer; and (c) efforts by campaigns to notify contributors of applicable campaign finance law (e.g., donor card warnings). INVESTIGATIVE CONSIDERATIONS IN CAMPAIGN FINANCING CASES Campaign financing cases have come to occupy an increasingly significant portion of the investigative and prosecutive resources that the Justice Department devotes to election crimes. Because criminal FECA violations require proof that defendants acted with the knowledge that their conduct was unlawful, matters investigated as possible criminal FECA violations generally must fall clearly within FECA’s prohibitions. If a campaign financing offense violates one of FECA’s prohibitions and was committed in a manner calculated to conceal it from the public, the Justice Department also may pursue the matter as a conspiracy to defraud the United States under 18 U.S.C. § 371, or as a false statement or record under 18 U.S.C. § 1001 or §1519. 14