(c) Non-waiver of the Federal Election Commission’s civil enforcement authority The FEC’s enforcement jurisdiction over non-criminal FECA violations cannot be compromised or waived by the Department of Justice. 52 U.S.C. § 30107(a)(6) and (e). Accordingly, plea agreements with defendants who have possible non-criminal exposure for FECA violations must contain a specific disclaimer to the effect that the Department of Justice is not waiving the civil enforcement jurisdiction of the FEC, such as the following: Nothing in this agreement waives or limits in any way the authority of the Federal Election Commission to seek civil penalties or other administrative remedies for violations of the Federal Election Campaign Act pursuant to Section 30109(a) of Title 52, United States Code. (d) Dealings with the Federal Election Commission As discussed above, the FEC and the Justice Department have overlapping enforcement responsibilities over willful and aggravated violations of FECA. At the same time, the FEC is an independent executive agency responsible for the oversight and civil enforcement of the federal campaign financing laws. The Commission’s independent authority requires that the Department respect the FEC’s enforcement efforts. Over time, the Public Integrity Section has developed good relationships with the FEC and its staff, and can help prosecutors and agents quickly obtain the information they need from the FEC. The FEC’s Public Records Division has long been a helpful resource in developing campaign financing cases. The United States Attorneys’ Offices and the FBI should, whenever possible, route inquires to the FEC through the Public Integrity Section. Doing this avoids confusion and increases the 169

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