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13 Young Law. 1 (2008-2009)

handle is hein.journals/yglwyr13 and id is 1 raw text is: American Bar Association Young Lawyers Division When a Contribution Becomes a Crime A CAMPAIGN FINANCE LAW CONUNDRUM By Seth D. Uram Volume 13 Number 1 October 2008 The conundrum. It's Monday morning, you are contempLat- ing your twentieth consecutive 70-hour work week as a first- year associate, and you receive the folLowing e-maiL from the founding partner of your firm: To al attorneys, paralegaLs, and support staff: A former senior partner of the firm is running for the United States Senate. I have agreed to be her campaign finance chairperson. I expect everyone in the firm wants to contribute $2,300 to this candidate. If anyone cannot afford $2,300, the firm will reimburse them by issuing a $2,300 bonus check (net after payroll tax deductions) at the end of the quarter. are designed to minimize the corrupting influence of money in politics and on elections. They do this by Limiting the size of contributions, by prohibiting con- tributions from entities that have historicaLly attempted to exert potentiaLly corrupting influence on federal elections, and by imposing strict disclosure requirements on politicians, their campaigns, and their poLitical parties. The List of entities prohibited from making contributions is Long and reflects entities that have a history of abusing funds to improperly influence elections or a general concern that contribu- tions from entities are inappro- priate, or both. The prohibited entities include corporations, Labor unions, national banks, government contractors, and foreign nationals. In 2002, FECA intentional violation of a known Legal duty. Most significant fed- eraL campaign finance crimes are now felonies with potentialLy Lengthy periods of imprisonment and substantial fines. The contribution prohibition an associate is most LikeLy to encounter concerns contribu- tions through conduits, which is one of FECA's most frequently violated prohibitions. Pursuant to 2 U.S.C. § 441f, it is unlawful for any person to make a contri- bution in the name of another or for any person to permit his or her name to be used to make such a contribution. The anti- conduit section also prohibits any person, most importantly the candidate himself or herself or his or her campaign represen- tatives, from knowingly accept- ing a contribution made by one * 6 .6.e S 6 -6-07 What do you do? What can you do without violating federal campaign finance Law? Before making a decision, you decide a brief review of campaign finance Law is in order. Campaign finance Law over- view. A poLiticaL contribution is a gift of anything of value that is given to influence a federal election. The Federal ELection Campaign Act of 1971 (FECA), which regulates the financing of federal elections, Limits indi- viduaL contributions to a federal candidate to $2,300 during the current election cycle. Federal campaign finance Laws was substantially amended by the Bipartisan Campaign Reform Act, which eliminated Loopholes relat- ing to soft money and issue ads and enhanced the criminal penalties for FECA crimes. Campaign finance crimes. ALL criminal violations of federal campaign finance Laws require proof beyond a reasonable doubt that the violator acted knowingly and wiLlfully in viola- tion of the Laws, which means that the violator knew what the Law required or prohibited but acted contrary to the Law. This Level of criminal intent is also sometimes described as the person in the name of another Conduit contributions typi- caLLy occur in two settings. The first is the fundraising event, where a supporter of a can- didate recruits friends, fam- ily, and business associates to attend the $2,000-a-pLate rubber chicken dinner that is typicaLly followed by a speech from the candidate and photo- graphs with the candidate. Each conduit usuaLy buys the event ticket with his or her own check or credit card, and then the political supporter immediately reimburses each conduit. The continued on pe

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