(e) False records in the administration of a federal
matter: 18 U.S.C. § 1519
Title 18 also affords an alternative for charging false
statements that a defendant makes or causes in records of either a
federal political entity (such as a federal candidate’s authorized
campaign committee) or in reports to the FEC. Specifically, under 18
U.S.C. § 1519, “[w]hoever knowingly … conceals, covers up,
falsifies, or makes a false entry in any record [or] document … with
the intent to impede, obstruct, or influence the investigation or proper
administration of any matter within the jurisdiction of any department
or agency of the United States … or in relation to or contemplation of
any such matter or case” commits a twenty-year felony. The
Department has applied this statute, in conjunction with 18 U.S.C. § 2,
in charging defendants with causing false internal records of campaign
expenditures and false external records in the follow-on campaign
filings with the FEC by unwitting campaign personnel. The FEC’s
proper administration of the reporting and publication of expenditure
reports serve as the predicate federal matter.
7. Policy and Procedural Considerations
(a) Consultation requirements and recommendations
For decades, the Public Integrity Section has coordinated the
Department’s law enforcement efforts against campaign financing
crimes with United States Attorneys’ Offices. The Section has two
main goals in this area: to provide prompt and accurate guidance
regarding the prosecutive potential of campaign financing allegations,
and to assist the United States Attorneys’ Offices and the FBI in
bringing effective criminal penalties to bear when warranted.
Not all FECA violations are federal crimes, either because
they lack the requisite criminal intent or because they do not meet the
applicable monetary floor for FECA crimes. Early consultation with
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