Way back in the 1970s, the FEC and the Department of Justice signed a Memorandum of Understanding (the “MOU”) outlining how they would manage their concurrent jurisdiction for violations of the Federal Election Campaign Act.  The FEC has civil jurisdiction and the DOJ has criminal jurisdiction.  But over the years, the relationship between the two agencies broke down.  The MOU hasn’t been updated since the 1970s, and attempts a few years ago to revise and renew the MOU failed.  While there have been isolated cases in which the FEC and DOJ have cooperated over the years, there have also been many cases where they did not, especially in recent years.

That may be changing now.  We are seeing a host of signs that the two agencies are once again on speaking terms.  Publicly, the clearest evidence of this trend is reflected in recent hiring decisions by the FEC.  A key example is the agency’s decision to appoint Dan Petalas, a federal prosecutor fresh out of DOJ’s Public Integrity Section (“PIN”), as the FEC’s new head of enforcement.  Petalas’s formal title is Associate General Counsel for Enforcement.  Coming straight from PIN, which has a lead role on federal criminal campaign finance prosecutions, and which includes the Election Crimes Section, Petalas is well-positioned to bridge the gap that emerged over the years between the FEC and DOJ.  The FEC also recently hired Lisa Stevenson, a white collar criminal litigation partner at Washington-DC based Zuckerman Spader, to serve as a special counsel to the FEC’s General Counsel, Tony Herman.  Stevenson brings significant white collar experience to the agency, which will dovetail with Petalas’s background.  These and other factors suggest an emerging détente between the two agencies, and the likelihood of closer cooperation, perhaps on joint FEC/DOJ investigations.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.