the Public Integrity Section assists the Department, the United States
Attorneys’ Offices, and the FBI by ensuring that investigative and
prosecutorial resources are focused on FECA violations only when
appropriate.
Accordingly, the Department requires that the Public Integrity
Section be consulted before beginning any criminal investigation,
including a preliminary investigation, of a matter involving possible
violations of FECA. USAM § 9-85.210. This consultation is also
required before any investigation of campaign financing activities
under one of the Title 18 felony theories discussed above. Id. The
Public Integrity Section also recommends that the Section be
consulted before commencing an investigation of possible violations
of the public funding programs in Title 26.
Facts reflecting possible non-criminal FECA violations, should
be brought to the attention of the Public Integrity Section, which will
forward them to the FEC.
(b) Investigative jurisdiction
Criminal investigations of possible FECA violations, as well as
violations of 26 U.S.C. §§ 9012 and 9042, are conducted by the FBI
and other federal law enforcement agencies. Civil investigations are
conducted by the FEC. The FEC is authorized by statute to conduct
a civil inquiry parallel to an active criminal investigation involving
the same matter. 52 U.S.C. §§ 30107(a)(9) and (e). Parallel proceedings
present unique challenges to federal prosecutors and investigators.
In these cases the Public Integrity Section should be consulted to
ensure that any procedures or agreements regarding parallel
proceedings are followed.
168
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