Among a wave of noteworthy results in this fall’s off-year elections, Zohran Mamdani’s selection as the next Mayor of New York City was perhaps the most closely watched and widely discussed. Though much of that commentary has focused on the new Mayor himself, the New York City Council appears poised
Continue Reading New York City Council Poised to Reinvigorate Investigative Authorities and Issue Subpoenas to the Private SectorEnforcement
Practical Advice for Nonprofits and Donors After the Presidential Memorandum on “Countering Domestic Terrorism and Organized Political Violence” and Reported IRS Enforcement Changes
By Robert Kelner, Peter Koski, Brian D. Smith, Susan Leahy, Kaitlyn Demers, Andrew Garrahan & William Sokolove on
Posted in Enforcement
- On September 25, 2025, President Trump issued National Security Presidential Memorandum/NSPM-7, Countering Domestic Terrorism and Organized Political Violence. The memorandum
Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff
It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.…
Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of StaffAdministration Targets Lobbying by Federal Grantees with New Presidential Memorandum
Posted in Enforcement
Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the…
Continue Reading Administration Targets Lobbying by Federal Grantees with New Presidential MemorandumTax-Exempt Organizations: Understanding Executive and Congressional Enforcement Priorities
Tax-exempt organizations, including private foundations and other types of nonprofits associated with high-net worth individuals, have been subject to increasing investigative scrutiny in recent years. Last Congress, for example, the House Judiciary Committee and several other committees issued document requests to multiple nonprofit organizations, and in this Congress the trend…
Continue Reading Tax-Exempt Organizations: Understanding Executive and Congressional Enforcement PrioritiesAttorney General Issues Memorandum Regarding FARA Criminal Enforcement
By Robert Kelner, Brian D. Smith & Alex Langton on
Posted in Enforcement, Foreign Agents Registration Act
On her first day in office, Attorney General Pam Bondi issued a significant memorandum to all Department of Justice employees regarding the Department’s criminal enforcement policies, including a notable directive related to the Foreign Agents Registration Act (“FARA”). The memorandum provides that “[r]ecourse to criminal charges under the Foreign Agents…
Continue Reading Attorney General Issues Memorandum Regarding FARA Criminal EnforcementFEC Year in Review 2024
With a game-changing advisory opinion (AO 2024-01), 2024 started out with a bang at the Federal Election Commission (“FEC”). Other consequential opinions, enforcement actions, and regulations continued in the following months, challenging the notion that the divided Commission cannot find consensus.
In this alert, we highlight the FEC’s major…
Continue Reading FEC Year in Review 2024Newly Issued DOJ Guidance Adds Significant New Requirements for Criminal Investigations Relating to Congress
By Peter Koski, William Sokolove & Stephanie King on
Posted in Enforcement
This week, the Department of Justice (DOJ) released a new memorandum from Deputy Attorney General Lisa Monaco updating its policies and procedures for criminal investigations involving Members of Congress and congressional staff.
DOJ emphasized that investigations reaching Congress are important and “sensitive matters,” and explained that the additional guidance would…
Continue Reading Newly Issued DOJ Guidance Adds Significant New Requirements for Criminal Investigations Relating to CongressRecent Arkansas Sentencing Highlights How Easily Federal Prosecutors Can Target State Campaign Finance Issues
By Peter Koski, Robert Lenhard & William Sokolove on
Posted in Campaign Finance, Enforcement
What happens in Arkansas does not stay in Arkansas. Or at least not when federal prosecutors from the Department of Justice’s Public Integrity Section get involved.
A recent sentencing from Arkansas highlights the many options in DOJ’s toolkit to pursue “state-level” misconduct involving public officials. In the case of former…
Continue Reading Recent Arkansas Sentencing Highlights How Easily Federal Prosecutors Can Target State Campaign Finance IssuesWhen is a Treasurer Personally Liable for PAC Violations?
By Robert Lenhard, Elizabeth Upton & Kimberly Railey on
Posted in Campaign Finance, Enforcement
The Federal Election Commission (“FEC”) recently answered a common question for those involved in operating a federal PAC: When is the treasurer personally liable for violations of the rules on recordkeeping and reporting? In doing so, the FEC highlighted the importance of external oversight of PAC operations, and the value…
Continue Reading When is a Treasurer Personally Liable for PAC Violations?