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. 64 166

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