Finally, a campaign embezzlement can be addressed under
the false statements statute, 18 U.S.C. §§ 1001 and 1519, and 18
U.S.C. § 2 (willfully causing an offense). This is because the
embezzlement is concealed from the committee’s treasurer, who
is required to file detailed reports with the FEC regarding the
committee’s receipts and disbursements. 52 U.S.C. § 30104(b).
Thus, a person who embezzles contributions from a committee
willfully causes the committee’s treasurer to create false internal
records and to submit false information to the FEC regarding the
actual use of the funds, in violation of both the reporting
requirements of FECA and 18 U.S.C. §§ 1001 and 1519. False
statements involving FECA violations fall under FECA
guideline, U.S.S.G. § 2C1.8.
D.
OBLIGATION TO REPORT FELONY
CONVICTIONS TO STATE ELECTION
OFFICIALS
The National Voter Registration Act of 1993 requires
United States Attorneys’ Offices to send a written notice
whenever a defendant is convicted of a felony to the chief state
election official in the state where the defendant resides. 52
U.S.C. § 20507(g). The notice must include basic information
regarding the defendant, the court, the offense, and the sentence.
52 U.S.C. § 20507(g)(2). In addition, if the conviction is
overturned, the election official must be sent written notice of the
vacation of conviction. 52 U.S.C. § 20507(g)(4).
This information is important to election authorities who
determine a person’s eligibility to vote. You may identify the
appropriate state election official using the website
www.nased.org.
196
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