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Criminal Law

2001

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Faculty Scholarship

Texas A&M University School of Law

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Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco Jul 2001

Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco

Faculty Scholarship

In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …