• Proof that the donor received information about FECA prohibitions and requirements directly from a candidate, political committee, or campaign, e.g., through the use and execution of what are called “contributor cards.” Certain provisions of FECA address acts that are malum in se, that is, inherently wrongful conduct from which willful intent to violate the law can be inferred from mere proof that the prohibited act was committed. These exceptional provisions are the Act’s prohibitions against: conversion of campaign funds (§ 30114); misrepresentation of campaign authority to damage an opponent’s campaign (§ 30124(a)); fraudulent solicitations (§ 30124(b)); certain coerced contributions by corporations and unions (§ 30118(b)(3)(A)); and false expenditure reports to the FEC (§ 30104(b)(5)(A)). In such cases, the instructions must not take the intent issue from the jury. However, evidence and argument before the jury on the element of willfulness in these cases may not require as much proof of concealment as in other FECA offenses. (b) Aggregate value For most FECA offenses to be eligible for criminal penalties, the contributions or expenditures at issue must “aggregate” to $2,000 or more in a calendar year. 52 U.S.C. § 30109(d)(1)(A). The exceptions to this $2,000 requirement are violations of the prohibition in Section 30118(b)(3) against the use by corporate or union PACs of coerced contributions, which sets a threshold of $250, and knowing and willful violations of the prohibition in Section 30124 against fraudulent misrepresentation of campaign authority to damage another candidate or political party or to solicit contributions for a candidate or political party, which sets no threshold. In determining the aggregate value of a FECA violation, the customary practice has been to include the overall “value” of a series of 155

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