First Ever Federal “Coordination” Case Results in Guilty Plea

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In a first of its kind case, a campaign consultant for a Congressional candidate pled guilty to violating The Federal Election Campaign Act’s probation on coordination between the campaign of a candidate for federal office and a political action committee (“PAC”). See Title 2, United States Code, Sections 431, et seq. (“Election Act”). It was the first federal prosecution of illegal coordinating activity between a campaign and a PAC.

The case involved the campaign manager for a Virginia Congressional candidate during the 2013 general election cycle. While managing the candidate’s campaign, the defendant also participated in the creation and operation of a PAC which spent $325,000 on campaign ads against the incumbent candidate. The campaign manager also pled guilty to one count of making false statements to the FBI.

Under the Election Act, a PAC may raise unlimited amounts of money from individuals and other sources that are prohibited from contributing to a federal candidate’s own campaign committee, and may spend unlimited amounts to influence federal elections. However, PACs must remain independent , and they may not make any contributions to a federal candidate’s campaign committee, either directly or by way of coordinated efforts to influence the outcome of election.

The case is United States v. Harber and was prosecuted by the U.S. Attorney for the Eastern District of Virginia.

 

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