C.
CONVICTIONS OF CAMPAIGN
FINANCING VIOLATIONS ADDRESSED
UNDER ALTERNATIVE THEORIES OF
PROSECUTION
1. Conspiracy to Disrupt and Impede the Federal
Election Commission
A scheme involving two or more participants designed in
part to thwart the statutory duties of the Federal Election
Commission to enforce FECA’s reporting requirements and
prohibitions and to provide the public with accurate data regarding
the financial activities by federal candidates and entities supporting
them can be prosecuted as a conspiracy under 18 U.S.C. § 371.
The object of such a conspiracy would be to disrupt and to
impede the FEC’s ability to enforce FECA’s requirements and
prohibitions, and its statutory duty to make available to the public
accurate information regarding contributions and expenditures
made to influence the election of federal candidates.
Such offenses are governed by U.S.S.G. § 2C1.1. This
guideline carries a base offense level of twelve or fourteen and
an enhancement if the conduct involved an elected official or a
person in a high-level decision making or sensitive position. In
addition, if the defendant’s conduct involved “pervasive
corruption of a governmental function, process, or office that may
cause loss of public confidence in government,” an upward
departure may be warranted. 52 U.S.C. § 2C1.1, cmt. n.7.
2. False Statements to the Federal Election
Commission and False Internal Records
Many types of campaign financing crimes may also be
charged as willfully causing false statements to be made to a
federal agency under 18 U.S.C. § 1001(a)(2). Such false statement
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