Criminal Enforcement for FECA Violations
in connection with the recent Cambridge Analytica revelations and specific statutes and regulations in Legal Memo released today, I found an extensive summary of the law in this area. (Note since the Legal Memo 2 USC Section 441 was editorially reclassified as section 30121 of Title 52, Voting and Elections.) Of particular importance is what are the criminal sanctions for violations of the myriad of statutes and regulations in this area. This is a short summary of the criminal sanctions. See Pages 156-158 shown below ( I also recommend reviewing pages 138-140 regarding contributions from foreign nationals which were mentioned in the Legal Memo released today):
3. Penalties
FECA offenses carry different penalties depending on the aggregate amount of the contributions and expenditures involved:
• All FECA violations that aggregate $25,000 or more in a calendar year are felonies subject to imprisonment for five years and, except for conduit violations, fines imposed pursuant to 18 U.S.C. § 3571 (up to $250,000 for each offense by an individual and up to $500,000 for each offense by an organization). 52 U.S.C. § 30109(d)(1)(A)(i).
• Conduit violations (52 U.S.C. § 30122) that aggregate more than $10,000 in a calendar year are felonies: those aggregating under $25,000 are two-year felonies, and those aggregating $25,000 or more are five-year felonies. 52 U.S.C. § 30109(d)(1)(D)(i). In addition, these offenses can be subject to a fine of 300% of the amount involved in the violation, and a maximum fine that is the greater of either $50,000, or 1,000% of the aggregate value involved in the offense, or the amount provided for in 18 U.S.C. § 3571. 52 U.S.C. § 30109(d)(1)(D)(ii).
• Fraudulent misrepresentations of campaign authority to damage an opponent or to solicit funds (2 U.S.C. § 30124) involving less than $25,000 in a calendar year are misdemeanors subject to one year of imprisonment and fines imposed pursuant to 18 U.S.C. § 3571 (up to $100,000 for each offense by an individual and up to
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$200,000 for each offense by an organization). 52 U.S.C. § 30109(d)(1)(C).
• Violations of the prohibition against the use of coerced contributions by corporations and unions (52 U.S.C. § 30118(b)(3)(A)) that aggregate $250 or more in a calendar year are subject to one year of imprisonment and fines imposed pursuant to 18 U.S.C. § 3571. 52 U.S.C. § 30109(d)(1)(B).
• Violations of all other FECA provisions that aggregate $2,000 or more in a calendar year are misdemeanors subject to one year of imprisonment and fines imposed pursuant to 18 U.S.C. § 3571. 52 U.S.C. § 30109(d)(1)(A)(ii).
Of course, the actual penalties imposed for these offenses are subject to the guidance provided in FECA sentencing guideline, U.S.S.G. § 2C1.8.
https://www.justice.gov/criminal/file/1029066/download
