flow of money intended to influence election of candidates for federal
office, that is, the Office of President, Vice President, or Member of
Congress. 47
Criminal violations of federal campaign financing laws
require proof that the conduct was committed “knowingly and
willfully.” 48 See United States v. Danielczyk, 917 F. Supp. 2d 573, 578–
80 (E.D. Va. 2013). As discussed below, this means that the defendant
must know that his or her conduct is unlawful.
This standard creates an elevated scienter element requiring, at
the very least, that application of the law to the facts in question be
fairly clear. When there is substantial doubt concerning whether the
law applies to the facts of a particular matter, the offender is more
likely to have an intent defense. Consequently, this chapter will not
attempt to cover the entire scope of the federal campaign financing
laws. Rather, it will focus on the features of these laws that are welldefined and commonly understood by persons who participate in
the modern federal campaign financing process.
Violations of state campaign financing laws may, however, suggest the
presence of federal corruption offenses. Consideration should be given to whether
the alleged conduct may constitute, for example, possible mail, wire, or honest
services fraud (18 U.S.C. §§ 1341, 1343, 1346); extortion under the Hobbs Act
(18 U.S.C. § 1951); or federal program bribery (18 U.S.C. § 666). It is also important
to note that those who violate state campaign financing laws might also engage in
similar schemes at the federal level.
47
48
Violations of these laws that are committed with lesser intent – including all
violations committed negligently or because the offender did not understand his or her
conduct to be unlawful – are not federal crimes. They are subject to civil and
administrative enforcement by the Federal Election Commission.
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