public funds, which is punishable by imprisonment for up to five
years and a fine under 18 U.S.C. § 3571. 26 U.S.C. §§ 9042(c) and
9012(d). Prosecutors considering false statement charges in
connection with conduct violating one of these public funding laws
thus have the choice of using either the public funding statute that
specifically addresses the conduct or the general false statements
statute, 18 U.S.C. § 1001. See also United States v. Hopkins, 916 F.2d
207 (5th Cir.1990) (same); United States v. Woodward, 469 U.S. 105
(1985) (affirming Section 1001 charge for currency reporting offense).
The administration and civil enforcement of these grant
programs are within the FEC’s sole jurisdiction. However, since
these are federal funding programs, with federal candidates as the
beneficiaries, if there is evidence of an intent to defraud the United
States in the implementation of these programs, criminal prosecution is
warranted and should be pursued.
(d) Mail and wire fraud: 18 U.S.C. §§ 1341 and 1343
The federal mail and wire fraud statutes, 18 U.S.C. §§ 1341
and 1343, which criminalize the use of the mails or interstate wires to
further a scheme or artifice to defraud, 63 can provide an additional
basis for prosecuting conduct that also violates FECA. Further,
conduct in violation of state campaign finance laws, although not
subject to FECA’s provisions, may violate other federal laws, like the
mail and wire fraud statutes. Federal prosecutors should consider
these statutes when evaluating possible charges for unlawful campaign
finance conduct.
The salary theory of mail and wire fraud, discussed at length in
Chapter 2, may also provide a basis to prosecute state and federal
campaign financial law violations by candidates and their agents. As
discussed, however, courts are split as to whether the salary theory is
63
Except for the jurisdictional element, the mail and wire fraud statutes are identical
and courts have interpreted their elements in the same manner.
165
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents