Earlier this year, New York Governor Andrew Cuomo empaneled a so-called “Moreland Commission,” under New York’s Moreland Act, to investigate public corruption.  The Moreland Commission, also known as the Commission to Investigate Public Corruption, is led by several state prosecutors.  It recently issued its preliminary report.  That report reflects that the Moreland Commission is using tools rarely seen in campaign finance investigations.

According to the report, the Moreland Commission has deployed undercover agents, which is highly unusual in a high-level campaign finance investigation of this kind.  The Commission also announced in its report that it is using a “data analytics” tool to analyze both campaign finance disclosure report data and financial data collected using its subpoena power, to look for patterns in political giving.  This is a somewhat novel technique, but we expect it will be used widely in coming years in campaign finance investigations.  It is already being used extensively in securities investigations, and other regulators are likely to start adopting this technology soon.  There is a great deal of data about political activities that is already in the public domain, and much that can be learned by regulators, or for that matter the media and special interest groups, by crunching that data to look for patterns.  “Big data” is coming to campaign finance law.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s Election and Political Law Practice Group. Mr. Kelner provides political law compliance advice to a wide range of corporate and political clients.  His compliance practice focuses on federal and state campaign finance, lobbying disclosure, pay to…

Robert Kelner is the chair of Covington’s Election and Political Law Practice Group. Mr. Kelner provides political law compliance advice to a wide range of corporate and political clients.  His compliance practice focuses on federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws, as well as legal ethics rules.  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 by municipal securities dealers, investment advisers, hedge funds, and private equity funds.  Mr. Kelner advises Presidential political appointees on the complex process of being vetted and confirmed for such appointments.

In addition, he regularly advises corporations and corporate executives on instituting political law compliance programs.  He conducts compliance training for senior corporate executives and lobbyists.  He has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance, as well as other corporate compliance matters.  Mr. Kelner regularly defends clients in investigations by the Federal Election Commission, the U.S. Department of Justice, the U.S. House & Senate Ethics Committees, the House Oversight & Government Reform Committee, the House & Senate Judiciary Committees, the House Energy & Commerce Committee and its Subcommittee on Oversight & Investigations, the Senate Finance Committee, the Senate Special Committee on Aging, the Senate Permanent Subcommittee on Investigations, the Senate Health, Education, Labor, and Pensions Committee, and other congressional committees.  He has prepared numerous CEOs and corporate executives for testimony before congressional investigation panels, and he regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  He also defends clients in Lobbying Disclosure Act audits by the GAO and enforcement actions and audits by state election and lobbying enforcement agencies.

Mr. Kelner 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, Legal Times, Washington Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.