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 194

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