viable and federal prosecutors should be familiar with the law in their
circuit and district before pursuing charges on this basis and consult with
the Public Integrity Section.
In addition to the penalties imposed for diverting campaign funds
in violation of Section 30114, the mail and wire fraud statutes may be
used to prosecute embezzlement or theft of campaign funds. These cases
generally fall into three factual scenarios, only the first two of which are
also covered by Section 30114:
i) Diversion by a candidate or campaign agent of incoming
contributions to the candidate or committee before the
contributions are deposited; and
ii) Embezzlement by a campaign agent or other person of
contributions to a candidate or committee that have been
deposited into the campaign’s account; and
iii) Establishment of a fictitious political organization for the
purpose of raising funds to be converted to personal use.
Examples of campaign embezzlement cases are United States v.
Thomas, Cr. No. 05-0423 (D.D.C., information filed Nov. 30, 2005);
United States v. Bracewell, Cr. No. 91-57-N (M.D. Ala., superseding
indictment filed May 9, 1991); and United States v. Karlsen, Cr.
No. 89-353 (D. Az., indictment filed Oct. 18, 1989). 64
Copies of these charges, to which the defendants pled guilty, can be obtained
from the Public Integrity Section.
64
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