The U.S. Department of Justice today announced the arrest of an alleged agent of the Iranian government, who has been charged with violating the Foreign Agents Registration Act (“FARA”). The defendant is an Iranian political scientist, living in the United States as a permanent resident. The Justice Department alleges that for years he has engaged
Enforcement
Contributions-for-Pardons Opinion Reveals DOJ Efforts, and Challenges, Prosecuting Lobbying Violations
An opinion by Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia unsealed yesterday has generated much attention for its discussion of contributions-for-pardons allegations in a case that is still largely obscured from public view. But the underlying offenses at issue in the case also include an alleged “secret lobbying…
The FEC Appears to be Exercising its Powers Without a Quorum
Over the past 10 days, the FEC has been quietly exercising authority reserved for when at least four Commissioners vote in favor of an action. Since July 3, however, the FEC has only had three Commissioners. This activity raises consequential questions about the FEC’s ability to act without a quorum, and presents important concerns about…
Increased Enforcement Risk for Criminal Campaign Finance Violations
Every four years, prosecutors at the Department of Justice (“DOJ”) train their sights on money spent to influence the outcome of the presidential election—and those who spend it. While the Federal Election Commission (FEC) has exclusive jurisdiction to penalize and enforce civil violations of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30101 et …
DOJ Charges Abramoff in First-Ever Criminal Lobbying Disclosure Act Prosecution
Nearly a decade after his release from prison, having served nearly four years on corruption charges, disgraced lobbyist Jack Abramoff may be heading back behind bars, this time as the first person ever charged and convicted for criminal violations of the Lobbying Disclosure Act (“LDA”). Yesterday the Justice Department announced that notorious lobbyist Jack Abramoff…
Campaign Finance Violation for Unregistered Political Committee Upheld in Washington State, but $18 Million Penalty Must Still Pass Excessive Fine Test
In one of the most watched campaign finance disclosure enforcement cases, last week, the Washington State Supreme Court upheld a trial court’s finding that a trade association intentionally failed to register and report contributions and expenditures in opposition to a ballot initiative that would have required labeling of genetically modified organisms (GMOs) in food. In…
FCC Proposes Nearly $10 Million Fine Against Campaign Vendor for Spoofed Robocalls
On December 13, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability (“NAL”) against Kenneth Moser and his telemarketing company, Marketing Support Systems (“MSS”), proposing a fine of $9,997,750 for allegedly transmitting more than 47,000 unlawful spoofed robocalls. The calls were made over a two-day period in May 2018, one week before California’s…
So-Called “Dark Money” Group Reveals its Donors
In a rare case, a so-called “dark money” group has now publicly released the names of its donors. Under federal law, if an organization has as its “major purpose” the nomination or election of federal candidates, the organization may be a “political committee” required to report its receipts and disbursements with the Federal Election Committee. …
Investment Adviser Hit With $100K SEC Fine, a Reminder that Public Universities are Covered by Pay-to-Play Rule
In December, the Securities and Exchange Commission (“SEC”) fined an investment adviser $100,000 for violating the SEC’s pay-to-play rule. The SEC’s rule effectively prohibits investment adviser executives and other “covered associates” of an investment adviser from making political contributions in excess of de minimis amounts ($350 per election if the contributor is eligible to vote…
Colorado Enacts Replacement Campaign Finance Enforcement System
Just one week ago, a federal court in Colorado held that the state’s system for enforcing its campaign finance laws was unconstitutional. Moving quickly, the Colorado Secretary of state has enacted temporary enforcement rules, effective immediately.
Under the new rules, any person may file a complaint, just like under the old system. However, the…