likelihood of a positive response from the Commission. It also helps to ensure that the good working relationship between the two agencies is maintained. The Section has also had success in recent years in working with the FEC to ensure that the Commission’s civil enforcement responsibilities do not interfere with the Department’s overlapping criminal jurisdiction. On occasion the FEC has voluntarily delayed moving forward with its own proceedings in order to avoid potential adverse effects on a pending criminal investigation. In 1977, the FEC and the Department of Justice entered into a Memorandum of Understanding relating to their respective law enforcement jurisdiction and responsibilities. 43 FED. REG. 5441 (1978). However, in light of the significant statutory enhancements to the Department’s ability to prosecute FECA crimes that were contained in the 2002 Bipartisan Campaign Reform Act, the 1977 Memorandum no longer reflects current congressional intent or Department policy. (e) Federal Election Commission officials as prosecution witnesses The prosecution of criminal cases involving FECA violations generally requires testimony from expert witnesses and document custodians from the FEC. In order to utilize 18 U.S.C. §§ 371, 1001, or 1519 for FECA violations, the prosecutor must prove that the filings on which the case is based were false to a point that they had the potential to mislead or disrupt the FEC’s ability to discharge its statutory responsibilities. Federal prosecutors seeking FEC witnesses should contact the Public Integrity Section, which will arrange for an FEC official who possesses the requisite expertise to testify to these issues. The FEC has at times advised that requests for FEC staff to appear as prosecution trial witnesses should be made by subpoena. 65 65 This is a departure from the usual practice of relying on oral or written requests for trial testimony from federal government personnel. 170