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Decision Do-Over? Future Uncertain for Virginia Decision Expanding Reach of Citizens United

By Lorraine M. Campos, Christopher L. Rissetto & Mel Beras on June 2, 2011
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Just as the 2012 political races are heating up and taking shape, Judge James Cacheris of the District Court for the Eastern District of Virginia expanded the reach of Citizens United v. FEC, 130 U.S. 876 (2010), by rendering unconstitutional limits on corporate contributions to federal candidates. In the opinion, filed May 26, 2011, Judge Cacheris dismissed one of seven charges filed against Virginia businessmen William P. Danielczyk, Jr. and Eugene R. Biagi (together “Defendants”).

Mr. Danielczyk, Chairman of Galen Capital Group, LLC, and Galen Capital Corporation (together “Galen”) and Mr. Biagi, an executive at Galen, are accused of illegally soliciting and reimbursing contributions to Hillary Clinton’s 2006 Senate Campaign and 2008 Presidential Campaign. Specifically, federal prosecutors contend that Mr. Danielczyk and Mr. Biagi subverted federal campaign contribution limits by soliciting employees of their financial firm to make campaign donations to two fund-raisers hosted by Mr. Danielczyk and then reimbursing the employees with company money. According to the Wall Street Journal, Mr. Danielczyk and approximately a dozen of his employees and their spouses, some of whom were Republicans, allegedly gave about $100,000 to Mrs. Clinton’s 2008 Presidential Campaign alone.

Federal prosecutors argued the Defendants’ actions violated, among other laws, section 441b(a) of the Federal Election Campaign Act (FECA), which bans direct corporate contributions to campaigns for federal office. Alternatively, Defendants maintained that under Citizens United, such a ban violated the First Amendment and thus the count should be dismissed.  In Citizens United, the Supreme Court found another provision of the FECA, the independent expenditure ban, was unconstitutional as the Court held there was no distinction between an individual and a corporation with respect to political speech and thus the First Amendment did not allow political speech restrictions based on a speaker’s corporate identity.

Ruling that the logic employed in Citizens United was “inescapable” in the case before it, the Danielczyk court reasoned if an individual can make direct contributions within FECA’s limits, a corporation cannot be banned from doing the same.

Nevertheless, the trajectory of the Danielczyk decision seems uncertain. The Danielczyk court acknowledged that the U.S. District Court for the District of Minnesota disagreed with this outcome in Minnesota Citizens Concerned for Life, Inc. v. Swanson, 741 F. Supp. 2d 1115 (D. Minn. 2010), where that court found the Citizens United holding was limited to corporate independent expenditures and was not a repudiation of the limitation on direct contributions to candidates. The case has already been criticized for ignoring another Supreme Court decision, Federal Election Commission v. Beaumont, 539 U.S. 146 (2003), which upheld the ban on direct corporation contributions to federal candidates and was not specifically overturned in Citizens United. Furthermore, on Tuesday, May 31, 2011, Judge Cacheris ordered prosecutors and defense lawyers to submit additional briefs by Wednesday, June 1, 2011 on whether he should reconsider his ruling. A hearing is scheduled for Friday, June 3, 2011.

Photo of Lorraine M. Campos Lorraine M. Campos

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine…

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine regularly counsels clients on all aspects of the General Services Administration (GSA) and the U.S. Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) programs. She also routinely advises clients on the terms and conditions of these agreements, including the Price Reduction Clause, small business subcontracting requirements, and country of origin restrictions mandated under U.S. trade agreements, such as the Trade Agreements Act and the Buy American Act. Additionally, Lorraine advises life sciences companies, in particular, pharmaceutical and medical device companies, on federal procurement and federal pricing statutes, including the Veterans Health Care Act of 1992.

Lorraine has been ranked by Chambers USA since 2013, and she was recognized by Profiles in Diversity Journal as one of their “Women Worth Watching” for 2015. Additionally, Lorraine is active in the American Bar Association’s Section of Public Contract Law and serves as co-chair of the Health Care Contracting Committee.

Lorraine joined the firm from Reed Smith, where she chaired their Government Contracts & Grants Team since 2010. Prior to that, she worked as a consultant for Grant Thornton, where she advised the Intelligence Community, analyzed the Department of Defense utility privatization program, and performed numerous Circular A-76 studies for the Office of Management and Budget.

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Photo of Christopher L. Rissetto Christopher L. Rissetto
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Photo of Mel Beras Mel Beras
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  • Posted in:
    Government and Public Policy
  • Blog:
    Global Regulatory Enforcement Law Blog
  • Organization:
    Reed Smith LLP

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