provide viable charging theories for conduct in violation of FECA and should be pursued where applicable. (a) Willfully causing submission of false information to the Federal Election Commission: 18 U.S.C. §§ 1001 and 2. Each political committee that seeks to influence a federal election is required to have a treasurer who is required to file periodic reports with the FEC of contributions to and expenditures by the committee, including the identity of all persons contributing over $200 in a calendar year. 52 U.S.C. §§ 30102(a), 30104(a) & (b)(3)(A). In addition, persons receiving a contribution to a political committee must forward it to the treasurer, along with the identity of all donors contributing over $50. 52 U.S.C. § 30102(b). The treasurer’s reports thus include information from individuals who have forwarded contributions to the committee. A treasurer who submits information concerning contributions or expenditures to the FEC, knowing the information to be false, violates 18 U.S.C. § 1001. A person involved in a transaction reportable under FECA who attempts to disguise it, or misrepresents its source, purpose, or amount, “willfully causes” the treasurer of the recipient committee to furnish false information concerning the transaction to the FEC in violation of l8 U.S.C. §§ 2(b) and 1001 under the Bryan intent standard (which Department policy recognizes as applicable to § 1001). This information is “material” to the “jurisdiction” of the FEC in that it impacts adversely upon the Commission’s statutory duties to make public an accurate account of financial transactions done for the purpose of influencing a federal election, see 52 U.S.C. § 30111(a)(4), and, in situations when the concealed fact itself constitutes a violation of FECA, to enforce the law, see §§ 30107(a)(6) & (9), 30109(a)(5). 159

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