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Reimbursing Contributions and Foreign Money: A Bad Combination

By Ronald M. Jacobs on April 14, 2014
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As a reminder that it’s not the complicated campaign finance laws but the simple ones that will get people into trouble, a straw donor in southern California recently pleaded guilty to a number of federal charges. The charges included:

  • Writing a $120,000 check to a super PAC that he knew would be reimbursed by a foreign national;
  • Writing a number of checks to local candidates, using money from the same foreign national; and
  • Having others write checks to the same candidates using money from the foreign national.

MIXINGAlso ensnared in this case are a political consultant and a lobbyist who assisted with the scheme.

The simple lessons:

1.)    Foreign nationals may not contribute to any election – federal, state, or local – in the United States. This includes making contributions to super PACs.

2.)    Do not try to evade this rule by giving through third parties or by reimbursing contributions.

3.)    Never give a contribution using someone else’s money or that will be reimbursed by someone else.

4.)    Do not offer to reimburse someone else for a campaign contribution he or she makes, whether it is through gifts, bonuses, expense reimbursements, a raise, or in any other way.

5.)    Only give contributions from your own money, up to the applicable limits. A simple reference card for the federal limits can be found here.

Photo of Ronald M. Jacobs Ronald M. Jacobs

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political…

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political law, including campaign finance, lobbying disclosure, gift and ethics rules, pay-to-play laws, and tax implications of political activities.

Read more about Ronald M. JacobsEmail
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  • Posted in:
    Government and Public Policy
  • Blog:
    Political Law Briefing
  • Organization:
    Venable LLP
  • Article: View Original Source

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