Memorandum of Understanding Regarding the Enforcement of Federal Campaign Finance Laws, 24986-24989 [2023-08639]

Download as PDF 24986 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices FEDERAL COMMUNICATIONS COMMISSION [CG Docket Nos. 03–123 and 10–51; DA 23– 289; FRS 137191] Comment Sought on GlobalVRS Request for Exogenous VRS DeafBlind Costs Federal Communications Commission. ACTION: Notice and request for comment. AGENCY: In this document, the Federal Communications Commission (Commission) seeks comment on the petition of ASL Services Holdings, LLC dba GlobalVRS (GlobalVRS) for exogenous cost reimbursement for the provision of Video Relay Service (VRS) to people who are deafblind. Specifically, GlobalVRS seeks reimbursement from the Telecommunications Relay Services (TRS) Fund for costs associated with the development of its call distribution platform, outreach, and other costs associated with its provision of VRS to individuals who are deafblind. DATES: Comments on the Petition must be filed on or before May 9, 2023. Reply comments must be filed on or before May 19, 2023. ADDRESSES: Comments and reply comments may be filed, identified by CG Docket Nos. 03–123 and 10–51, using the Commission’s Electronic Comment Filing System (ECFS). • Electronic Filers: Comments and reply comments may be filed electronically using the internet by accessing the ECFS: https:// www.fcc.gov/ecfs/filings/standard. • Paper Filers: Æ Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Æ Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Æ Currently, the Commission does not accept any hand delivered or messenger delivered filings as a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. In the event that the Commission announces the lifting of COVID–19 restrictions, a filing lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 window will be opened at the Commission’s office located at 9050 Junction Drive, Annapolis Junction, MD 20701. Æ Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. Æ U.S. Postal Service first-class, Express, and Priority mail may be addressed to 45 L Street NE, Washington, DC 20554. Æ During the time the Commission’s building is closed to the general public and until further notice, if more than one docket or rulemaking number appears in the caption of a proceeding, paper filers need not submit two additional copies for each additional docket or rulemaking number; an original and one copy are sufficient. FOR FURTHER INFORMATION CONTACT: Ross Slutsky, Consumer and Governmental Affairs Bureau, email: Ross.Slutsky@ fcc.gov or Michael Scott, Consumer and Governmental Affairs Bureau at (202) 418–1264 or email: Michael.Scott@ fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Public Notice, DA 23–289, in CG Docket Nos. 03–123 and 10–51, released on April 4, 2023. The full text of the Petition can be accessed online via the Commission’s Electronic Comment Filing System at https://www.fcc.gov/ecfs/document/ 10321175009780/1. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at: (202) 418–0530. Ex Parte Rules. This proceeding shall be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules. 47 CFR 1.1200 et seq. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with § 1.1206(b) of the Commission’s rules. In proceedings governed by § 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Synopsis In its 2017 VRS Compensation Order, published at 82 FR 39673, August 22, 2017, the Commission authorized VRS providers to request exogenous cost recovery from the Interstate TRS Fund. In its Petition, GlobalVRS seeks reimbursement from the TRSFund for costs associated with the development of its call distribution platform, outreach, operations, and other costs associated with its provision of VRS to individuals who are deafblind. Federal Communications Commission. Eliot Greenwald, Deputy Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau. [FR Doc. 2023–08638 Filed 4–24–23; 8:45 am] BILLING CODE 6712–01–P FEDERAL ELECTION COMMISSION [Notice 2023–05] Memorandum of Understanding Regarding the Enforcement of Federal Campaign Finance Laws Federal Election Commission (FEC), Department of Justice (DOJ). ACTION: Notification of Memorandum of Understanding (MOU). AGENCY: The purpose of the below MOU is to promote the enforcement of the Federal campaign finance laws and to establish guidelines for the FEC and the DOJ to engage in parallel proceedings, share information in SUMMARY: E:\FR\FM\25APN1.SGM 25APN1 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices appropriate circumstances, and otherwise properly advance the missions of both agencies subject to all relevant legal and ethical constraints informed by mutual respect of the independence of each agency. DATES: The MOU is effective April 25, 2023. FOR FURTHER INFORMATION CONTACT: Charles Kitcher, Associate General Counsel for Enforcement, Office of General Counsel, Federal Election Commission, 1050 First Street NE, Washington, DC 20463, (202) 694–1650 or (800) 424–9530; Robert J. Heberle, Director, Election Crimes Branch, Public Integrity Section, Criminal Division, U.S. Department of Justice, 1301 New York Ave. NW, Washington, DC 20530, (202) 514–1412. SUPPLEMENTARY INFORMATION: The text of the Memorandum of Understanding is as follows: Memorandum of Understanding Between the Federal Election Commission and the United States Department of Justice Regarding Enforcement of the Federal Campaign Finance Laws lotter on DSK11XQN23PROD with NOTICES1 Purpose 1. This Memorandum of Understanding (‘‘MOU’’) sets forth an agreement between the Federal Election Commission (‘‘Commission’’) and the United States Department of Justice (‘‘Department’’) concerning their respective enforcement responsibilities under the Federal Election Campaign Act of 1971, as amended, 52 U.S.C. 30101–45, the Presidential Election Campaign Fund Act, 26 U.S.C. 9001–12, and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031– 42 (collectively, the ‘‘Acts’’). 2. The purpose of this MOU is to promote the enforcement of the Federal campaign finance laws and to establish guidelines for the Commission and the Department to engage in parallel proceedings, share information in appropriate circumstances, and otherwise properly advance the missions of both agencies subject to all relevant legal and ethical constraints informed by mutual respect of the independence of each agency. Authority 3. The Commission has exclusive jurisdiction over civil enforcement of the Acts. 52 U.S.C. 30106(b)(l), 30107(e). The Commission’s civil enforcement authority extends to knowing and willful violations. Id. 30109(a)(5)(B), (C). The Commission also administers the Acts and formulates policy with respect to the Acts, including issuing formal VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 interpretations of the Acts and promulgating regulations to implement and clarify the Acts. 52 U.S.C. 30106(b)(l); 26 U.S.C. 9009, 9039. The Commission may initiate civil enforcement proceedings without a referral to or from the Department. 4. The Department has exclusive jurisdiction over criminal enforcement of the federal campaign finance laws. See generally 28 U.S.C. 516 (reserving to the Department the conduct of all litigation in which the United States, an agency, or officer thereof is a party ‘‘[e]xcept as otherwise authorized by law’’). The Department also has jurisdiction over related criminal offenses including, but not limited to: conspiracy in violation of 18 U.S.C. 371; making false statements within the jurisdiction of a federal agency in violation of 18 U.S.C. 1001; obstruction of agency proceedings in violation of 18 U.S.C. 1505 & 1519; and perjury in violation of 18 U.S.C. 1621. The Department may initiate criminal investigations and prosecutions without a referral to or from the Commission. Civil and Criminal Enforcement Cooperation and Information Sharing Generally 5. The Department and the Commission agree to assist each other in fulfilling their respective statutory responsibilities and to cooperate, consistent with all legal restrictions, to further their respective enforcement activities. 6. The Commission may share information with the Department, which is an appropriate law enforcement agency, regarding any Commission enforcement proceeding at any point in that process, either upon written request of the Department specifying the information sought or when, in the absence of such request, the Commission concludes that sharing such information is appropriate and consistent with paragraph 2 of this MOU. See 52 U.S.C. 30107(a)(9). In addition, as set forth in 52 U.S.C. 30109(a)(5)(C), if the Commission, by 4 affirmative votes, determines that there is probable cause to believe that a knowing and willful violation of the Acts has occurred or is about to occur, it may refer such apparent violation to the Department without regard to any limitations set forth in 52 U.S.C. 30109(a)(4)(A). 7. The Department may share with the Commission information obtained during a criminal investigation or prosecution relating to possible violations of the Acts when appropriate and consistent with applicable law, the PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 24987 integrity of the investigation or prosecution, and paragraph 2 of this MOU. To enable such sharing, the Department may, where appropriate, redact materials that otherwise may not be disclosed. Where the alleged violation warrants the impaneling of a grand jury, information regarding the grand jury investigation will not be disclosed to the Commission, pursuant to Federal Rule of Criminal Procedure 6(e), absent court authorization to provide material to the Commission preliminary to or in connection with a judicial proceeding under Federal Rule of Criminal Procedure 6(e)(3)(E)(i). Further, consistent with the obligations in this paragraph and paragraph 5, if the Department concludes that it will not pursue criminal prosecution of a matter that may involve a violation of the Acts, the Department may apprise the Commission of the matter so that the Commission may consider any further action that may be appropriate under the circumstances. 8. When appropriate, and upon request of the Department, the Commission may make Commission staff available to provide information and to testify in federal criminal proceedings, provided, however, that the Department shall not offer Commission staff as expert witnesses without prior permission from the Commission. It is the understanding of the Department and the Commission that absent exceptional circumstances, Commission staff witnesses will not testify as expert witnesses. Parallel Proceedings and Investigations 9. The Department and the Commission may engage in parallel proceedings—that is, concurrent investigations or administrative proceedings related to the same parties or conduct. The Department and the Commission may confer in such instances where appropriate and consistent with paragraph 2 of this MOU, subject to any applicable legal restrictions. While the Department and the Commission may engage in parallel proceedings and share information where appropriate, the Department and the Commission do not intend to engage in joint fact-gathering, joint investigation or litigation strategy, or joint charging determinations. For purposes of criminal litigation, the Department does not consider the Commission to be a part of the prosecution team or to be acting on behalf of the prosecution in any case. 10. The Department may ask the Commission to hold in abeyance an administrative Commission enforcement matter during a parallel criminal E:\FR\FM\25APN1.SGM 25APN1 lotter on DSK11XQN23PROD with NOTICES1 24988 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices investigation. The Commission will consider any such written request and may agree to abate designated Commission enforcement proceedings for an appropriate period of time when deemed appropriate by the Commission. The Department recognizes that periods of abatement of Commission enforcement proceedings have the potential to adversely affect the Commission’s interests in such matters. Accordingly, in such instances the Department shall assist the Commission in furthering its independent mission within applicable limitations periods by providing the Commission with information it collects during the course of its criminal investigation relating to an abated matter or matters, subject to any applicable legal prohibitions and handling requirements, at the earliest reasonable opportunity, consistent with the integrity of the criminal investigation and any resulting prosecution. During an abatement, the Department and the Commission will confer as necessary and appropriate in order to keep the Commission apprised about the ongoing need for the abatement, including whether the abatement can be concluded or whether the Department requests that it be maintained. 11. The Department recognizes that open Commission enforcement matters are subject to the requirements of 52 U.S.C. 30109(a)(12)(A), which provides that any notification or investigation made under 52 U.S.C. 30109 shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. In addition, 52 U.S.C. 30109(a)(4)(B)(i) provides that no action by the Commission or any person, and no information derived, in connection with any conciliation attempt by the Commission under 52 U.S.C. 30109(a)(4)(A) may be made public by the Commission without the written consent of the respondent and the Commission. Unlike 52 U.S.C. 30109(a)(12)(A), the application of 52 U.S.C. 30109(a)(4)(B)(i) remains in effect even after the Commission closes a matter and makes it public. The Department will establish and maintain necessary and appropriate safeguards to protect information provided by the Commission falling within the scope of information that shall not be made public in accordance with this paragraph. The Commission recognizes that the Department has obligations under Brady v. Maryland, 373 U.S. 83 (1963); the Jencks Act, 18 U.S.C. 3500; VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 and Federal Rule of Criminal Procedure 16 that may require it to provide information about an open Commission matter in conjunction with a criminal matter. Prior to revealing in open court or publicly available court filings, or providing to any person outside of the Department, any information protected by 52 U.S.C. 30109(a)(12)(A) as described in this paragraph, the Department will call to the court’s attention any potential conflict between the Department’s obligations under Brady v. Maryland, the Jencks Act, and Federal Rule of Criminal Procedure 16 and the requirement under 52 U.S.C. 30109(a)(12)(A) that open Commission enforcement matters not be made public. Any pleadings containing information protected by 52 U.S.C. 30109(a)(12)(A) shall be filed by the Department under seal, unless otherwise directed by the court. To any extent that the Department must transmit material protected by 52 U.S.C. 30109(a)(12)(A) outside the Department in connection with a criminal matter, it will seek to maintain the non-public nature of such information by seeking protective orders or other comparable measures. 12. Unless prohibited by law, the Department and the Commission will each endeavor to notify the other, in writing, of any legally enforceable demand or request made through a subpoena or court order for nonpublic information or documents in the possession of one agency but created by the other. If the request is made pursuant to the Freedom of Information Act (‘‘FOIA’’), 5 U.S.C. 552, or is subject to the Privacy Act, 5 U.S.C. 552a, the Department and the Commission will endeavor to refer the records to the agency that created the documents or consult with that agency before releasing its documents, as appropriate. The Department and the Commission also agree to assert all applicable FOIA or Privacy Act exemptions, litigation privileges, and any other applicable privileges on behalf of the other agency to the extent permitted by law. 13. If a matter pending before the Commission involves a finding by the Commission under 52 U.S.C. 30109(a)(2) that there is reason to believe there has been a knowing and willful violation of the Federal Election Campaign Act of 1971, as amended, exceeding the monetary thresholds for criminal enforcement, see 52 U.S.C. 30109(d)(1), the Commission will consider whether the matter also raises possible criminal violations outside of the Commission’s jurisdiction, such as those identified in paragraph 4 above, that should be reported to the PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Department pursuant to 52 U.S.C. 30107(a)(9). In cases in which the Commission determines that such reporting is appropriate, it will promptly inform the Department of the existence of the Commission’s matter or matters, inform the Department that the Commission has made a reason to believe finding covered by this paragraph, and also report the existence of the possible criminal violations. Following receipt of such notice, and consistent with paragraph 6, above, the Department may request that the Commission provide the Department information it has collected relating to such matter, subject to any applicable legal prohibitions, at the earliest reasonable opportunity. The Commission and the Department mutually recognize that all violations of the Acts, even those committed knowingly and willfully, may not be proper subjects for prosecution as criminal offenses. For the most beneficial and effective enforcement of the Acts, those knowing and willful violations which are significant and substantial, and which may be described as aggravated in the intent in which they were committed, or in the monetary amount involved should be referred by the Commission to the Department for criminal prosecution review. Within this framework, numerous factors will frequently affect the Commission’s determination to share information with the Department or make a report or referral, including the repetitive nature of the acts, the existence of a practice or pattern, prior notice, and the extent of the conduct in terms of geographic area, persons, and monetary amounts, among many other proper considerations. 14. If the Department publicly charges a violation of the Acts, or a conspiracy to violate the Acts, or another crime relating to the Commission such as making a false statement to the Commission, in any court, it shall promptly alert the Commission of the pendency of the matter. Following receipt of such notice, and consistent with paragraph 7, above, the Commission may request that the Department provide information about the matter obtained during the Department’s criminal investigation or prosecution. Related Offenses 15. Materially false information, records, or statements that are intentionally made or submitted to the Commission may constitute violations of federal criminal law under 18 U.S.C. 371, 1001, 1505, 1519, 1621, and other statutes. If the Commission receives or E:\FR\FM\25APN1.SGM 25APN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices develops information related to the making or submission of materially false information, records, or statements in a matter within the Commission’s jurisdiction through a Commission function, administrative proceeding, investigation, or otherwise, the Commission may report such apparent violations to the Department pursuant to 52 U.S.C. 30107(a)(9), including as set forth above in paragraphs 6 and 2. In the case of such reporting, the Department will evaluate and, in its discretion, prosecute potential criminal offenses arising from that conduct. In the event that the Department requests additional information in furtherance of any such criminal investigation or prosecution by the Department, it may request that the Commission provide such information, consistent with and as set forth above in paragraph 6. Election Crimes Branch of the Public Integrity Section, all of the Criminal Division of the Department, shall be the Commission’s points of contact for the Department’s obligations under this MOU, with the Director of the Election Crimes Branch being the primary contact. 20. The General Counsel for the Commission, the Associate General Counsel and the Deputy Associate General Counsels for Enforcement, and the Associate General Counsel for Litigation in the Office of General Counsel shall be the Department’s points of contact for the Commission’s obligations under this MOU, with the Associate General Counsel for Enforcement being the primary contact. Settlements and Dispositions 16. The Department and the Commission recognize the benefits of global settlements, that is, settlements that simultaneously resolve related criminal and civil violations of the Acts concerning the same underlying unlawful conduct, and may seek to enter into global settlements when appropriate under procedures consistent with the interests and ethical obligations of the Department and the Commission. 17. If a subject or defendant in a criminal investigation or prosecution requests a global settlement, the Department and the Commission may confer as appropriate to determine whether criminal and civil liability arising from the same or related transactions can be resolved in a global settlement. 18. In cases in which no global settlement is reached, the Department will seek to include in any plea agreement concerning conduct that may constitute a violation of the Acts a provision acknowledging that nothing in the agreement waives or limits in any way the Commission’s authority to seek civil penalties or other administrative remedies for violations of the Acts. The Commission and the Department agree, however, that the absence of any such disclaimer in a plea agreement is not intended to constitute a waiver of, or otherwise limit the Commission’s ability to engage in, any civil enforcement activity concerning an applicable violation of the Acts. 21. This MOU repeals and supersedes the 1977 Memorandum of Understanding between the Commission and the Department regarding the handling of violations of the federal campaign finance laws. Points of Contact 19. The Chief of the Public Integrity Section, the Principal Deputy Chief of the Public Integrity Section, and the Director and the Deputy Director of the VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 Repeal of 1977 Memorandum Effective Date 22. The effective date of this MOU will be the date the executed MOU is published in the Federal Register. Limitation; No Reliance 23. This MOU applies only to the relationship between the Commission and the Department. It is not intended to confer, nor does it confer, any procedural or substantive rights on any person in any matter before the Department, the Commission, or any court or agency and may not be relied upon for that purpose, or any other purpose, by any person not a party to this MOU. Dated: April 14, 2023. For the United States Department of Justice. Kenneth A. Polite, Jr., Assistant Attorney General, Criminal Division. Dated: April 19, 2023 For the Federal Election Commission. Lisa J. Stevenson, Acting General Counsel. Dated: April 19, 2023. On behalf of the Commission, Dara Lindenbaum, Chair, Federal Election Commission. [FR Doc. 2023–08639 Filed 4–24–23; 8:45 am] BILLING CODE 6715–01–P PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 24989 FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a) (HOLA) and Regulation LL (12 CFR part 238) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 238.53 of Regulation LL (12 CFR 238.53). Unless otherwise noted, these activities will be conducted throughout the United States. The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on whether the proposed transaction complies with the standards enumerated in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than May 10, 2023. A. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105– 1521. Comments can also be sent electronically to Comments.applications@phil.frb.org: 1. Vecta Partners LLC, White Plains, New York, and Vecta Inc., Irvington, New York; to engage de novo in real estate acquisition and management through a proposed new subsidiary, Vecta Realty LLC, Montvale, New Jersey, pursuant to section 238.53(b)(7) and (b)(8) of the Board’s Regulation LL. E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 24986-24989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08639]


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FEDERAL ELECTION COMMISSION

[Notice 2023-05]


Memorandum of Understanding Regarding the Enforcement of Federal 
Campaign Finance Laws

AGENCY: Federal Election Commission (FEC), Department of Justice (DOJ).

ACTION: Notification of Memorandum of Understanding (MOU).

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SUMMARY: The purpose of the below MOU is to promote the enforcement of 
the Federal campaign finance laws and to establish guidelines for the 
FEC and the DOJ to engage in parallel proceedings, share information in

[[Page 24987]]

appropriate circumstances, and otherwise properly advance the missions 
of both agencies subject to all relevant legal and ethical constraints 
informed by mutual respect of the independence of each agency.

DATES: The MOU is effective April 25, 2023.

FOR FURTHER INFORMATION CONTACT: Charles Kitcher, Associate General 
Counsel for Enforcement, Office of General Counsel, Federal Election 
Commission, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 
or (800) 424-9530; Robert J. Heberle, Director, Election Crimes Branch, 
Public Integrity Section, Criminal Division, U.S. Department of 
Justice, 1301 New York Ave. NW, Washington, DC 20530, (202) 514-1412.

SUPPLEMENTARY INFORMATION: The text of the Memorandum of Understanding 
is as follows:

Memorandum of Understanding Between the Federal Election Commission and 
the United States Department of Justice Regarding Enforcement of the 
Federal Campaign Finance Laws

Purpose

    1. This Memorandum of Understanding (``MOU'') sets forth an 
agreement between the Federal Election Commission (``Commission'') and 
the United States Department of Justice (``Department'') concerning 
their respective enforcement responsibilities under the Federal 
Election Campaign Act of 1971, as amended, 52 U.S.C. 30101-45, the 
Presidential Election Campaign Fund Act, 26 U.S.C. 9001-12, and the 
Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031-42 
(collectively, the ``Acts'').
    2. The purpose of this MOU is to promote the enforcement of the 
Federal campaign finance laws and to establish guidelines for the 
Commission and the Department to engage in parallel proceedings, share 
information in appropriate circumstances, and otherwise properly 
advance the missions of both agencies subject to all relevant legal and 
ethical constraints informed by mutual respect of the independence of 
each agency.

Authority

    3. The Commission has exclusive jurisdiction over civil enforcement 
of the Acts. 52 U.S.C. 30106(b)(l), 30107(e). The Commission's civil 
enforcement authority extends to knowing and willful violations. Id. 
30109(a)(5)(B), (C). The Commission also administers the Acts and 
formulates policy with respect to the Acts, including issuing formal 
interpretations of the Acts and promulgating regulations to implement 
and clarify the Acts. 52 U.S.C. 30106(b)(l); 26 U.S.C. 9009, 9039. The 
Commission may initiate civil enforcement proceedings without a 
referral to or from the Department.
    4. The Department has exclusive jurisdiction over criminal 
enforcement of the federal campaign finance laws. See generally 28 
U.S.C. 516 (reserving to the Department the conduct of all litigation 
in which the United States, an agency, or officer thereof is a party 
``[e]xcept as otherwise authorized by law''). The Department also has 
jurisdiction over related criminal offenses including, but not limited 
to: conspiracy in violation of 18 U.S.C. 371; making false statements 
within the jurisdiction of a federal agency in violation of 18 U.S.C. 
1001; obstruction of agency proceedings in violation of 18 U.S.C. 1505 
& 1519; and perjury in violation of 18 U.S.C. 1621. The Department may 
initiate criminal investigations and prosecutions without a referral to 
or from the Commission.

Civil and Criminal Enforcement

Cooperation and Information Sharing Generally
    5. The Department and the Commission agree to assist each other in 
fulfilling their respective statutory responsibilities and to 
cooperate, consistent with all legal restrictions, to further their 
respective enforcement activities.
    6. The Commission may share information with the Department, which 
is an appropriate law enforcement agency, regarding any Commission 
enforcement proceeding at any point in that process, either upon 
written request of the Department specifying the information sought or 
when, in the absence of such request, the Commission concludes that 
sharing such information is appropriate and consistent with paragraph 2 
of this MOU. See 52 U.S.C. 30107(a)(9). In addition, as set forth in 52 
U.S.C. 30109(a)(5)(C), if the Commission, by 4 affirmative votes, 
determines that there is probable cause to believe that a knowing and 
willful violation of the Acts has occurred or is about to occur, it may 
refer such apparent violation to the Department without regard to any 
limitations set forth in 52 U.S.C. 30109(a)(4)(A).
    7. The Department may share with the Commission information 
obtained during a criminal investigation or prosecution relating to 
possible violations of the Acts when appropriate and consistent with 
applicable law, the integrity of the investigation or prosecution, and 
paragraph 2 of this MOU. To enable such sharing, the Department may, 
where appropriate, redact materials that otherwise may not be 
disclosed. Where the alleged violation warrants the impaneling of a 
grand jury, information regarding the grand jury investigation will not 
be disclosed to the Commission, pursuant to Federal Rule of Criminal 
Procedure 6(e), absent court authorization to provide material to the 
Commission preliminary to or in connection with a judicial proceeding 
under Federal Rule of Criminal Procedure 6(e)(3)(E)(i). Further, 
consistent with the obligations in this paragraph and paragraph 5, if 
the Department concludes that it will not pursue criminal prosecution 
of a matter that may involve a violation of the Acts, the Department 
may apprise the Commission of the matter so that the Commission may 
consider any further action that may be appropriate under the 
circumstances.
    8. When appropriate, and upon request of the Department, the 
Commission may make Commission staff available to provide information 
and to testify in federal criminal proceedings, provided, however, that 
the Department shall not offer Commission staff as expert witnesses 
without prior permission from the Commission. It is the understanding 
of the Department and the Commission that absent exceptional 
circumstances, Commission staff witnesses will not testify as expert 
witnesses.
Parallel Proceedings and Investigations
    9. The Department and the Commission may engage in parallel 
proceedings--that is, concurrent investigations or administrative 
proceedings related to the same parties or conduct. The Department and 
the Commission may confer in such instances where appropriate and 
consistent with paragraph 2 of this MOU, subject to any applicable 
legal restrictions. While the Department and the Commission may engage 
in parallel proceedings and share information where appropriate, the 
Department and the Commission do not intend to engage in joint fact-
gathering, joint investigation or litigation strategy, or joint 
charging determinations. For purposes of criminal litigation, the 
Department does not consider the Commission to be a part of the 
prosecution team or to be acting on behalf of the prosecution in any 
case.
    10. The Department may ask the Commission to hold in abeyance an 
administrative Commission enforcement matter during a parallel criminal

[[Page 24988]]

investigation. The Commission will consider any such written request 
and may agree to abate designated Commission enforcement proceedings 
for an appropriate period of time when deemed appropriate by the 
Commission. The Department recognizes that periods of abatement of 
Commission enforcement proceedings have the potential to adversely 
affect the Commission's interests in such matters. Accordingly, in such 
instances the Department shall assist the Commission in furthering its 
independent mission within applicable limitations periods by providing 
the Commission with information it collects during the course of its 
criminal investigation relating to an abated matter or matters, subject 
to any applicable legal prohibitions and handling requirements, at the 
earliest reasonable opportunity, consistent with the integrity of the 
criminal investigation and any resulting prosecution. During an 
abatement, the Department and the Commission will confer as necessary 
and appropriate in order to keep the Commission apprised about the 
ongoing need for the abatement, including whether the abatement can be 
concluded or whether the Department requests that it be maintained.
    11. The Department recognizes that open Commission enforcement 
matters are subject to the requirements of 52 U.S.C. 30109(a)(12)(A), 
which provides that any notification or investigation made under 52 
U.S.C. 30109 shall not be made public by the Commission or by any 
person without the written consent of the person receiving such 
notification or the person with respect to whom such investigation is 
made. In addition, 52 U.S.C. 30109(a)(4)(B)(i) provides that no action 
by the Commission or any person, and no information derived, in 
connection with any conciliation attempt by the Commission under 52 
U.S.C. 30109(a)(4)(A) may be made public by the Commission without the 
written consent of the respondent and the Commission. Unlike 52 U.S.C. 
30109(a)(12)(A), the application of 52 U.S.C. 30109(a)(4)(B)(i) remains 
in effect even after the Commission closes a matter and makes it 
public. The Department will establish and maintain necessary and 
appropriate safeguards to protect information provided by the 
Commission falling within the scope of information that shall not be 
made public in accordance with this paragraph. The Commission 
recognizes that the Department has obligations under Brady v. Maryland, 
373 U.S. 83 (1963); the Jencks Act, 18 U.S.C. 3500; and Federal Rule of 
Criminal Procedure 16 that may require it to provide information about 
an open Commission matter in conjunction with a criminal matter. Prior 
to revealing in open court or publicly available court filings, or 
providing to any person outside of the Department, any information 
protected by 52 U.S.C. 30109(a)(12)(A) as described in this paragraph, 
the Department will call to the court's attention any potential 
conflict between the Department's obligations under Brady v. Maryland, 
the Jencks Act, and Federal Rule of Criminal Procedure 16 and the 
requirement under 52 U.S.C. 30109(a)(12)(A) that open Commission 
enforcement matters not be made public. Any pleadings containing 
information protected by 52 U.S.C. 30109(a)(12)(A) shall be filed by 
the Department under seal, unless otherwise directed by the court. To 
any extent that the Department must transmit material protected by 52 
U.S.C. 30109(a)(12)(A) outside the Department in connection with a 
criminal matter, it will seek to maintain the non-public nature of such 
information by seeking protective orders or other comparable measures.
    12. Unless prohibited by law, the Department and the Commission 
will each endeavor to notify the other, in writing, of any legally 
enforceable demand or request made through a subpoena or court order 
for nonpublic information or documents in the possession of one agency 
but created by the other. If the request is made pursuant to the 
Freedom of Information Act (``FOIA''), 5 U.S.C. 552, or is subject to 
the Privacy Act, 5 U.S.C. 552a, the Department and the Commission will 
endeavor to refer the records to the agency that created the documents 
or consult with that agency before releasing its documents, as 
appropriate. The Department and the Commission also agree to assert all 
applicable FOIA or Privacy Act exemptions, litigation privileges, and 
any other applicable privileges on behalf of the other agency to the 
extent permitted by law.
    13. If a matter pending before the Commission involves a finding by 
the Commission under 52 U.S.C. 30109(a)(2) that there is reason to 
believe there has been a knowing and willful violation of the Federal 
Election Campaign Act of 1971, as amended, exceeding the monetary 
thresholds for criminal enforcement, see 52 U.S.C. 30109(d)(1), the 
Commission will consider whether the matter also raises possible 
criminal violations outside of the Commission's jurisdiction, such as 
those identified in paragraph 4 above, that should be reported to the 
Department pursuant to 52 U.S.C. 30107(a)(9). In cases in which the 
Commission determines that such reporting is appropriate, it will 
promptly inform the Department of the existence of the Commission's 
matter or matters, inform the Department that the Commission has made a 
reason to believe finding covered by this paragraph, and also report 
the existence of the possible criminal violations. Following receipt of 
such notice, and consistent with paragraph 6, above, the Department may 
request that the Commission provide the Department information it has 
collected relating to such matter, subject to any applicable legal 
prohibitions, at the earliest reasonable opportunity. The Commission 
and the Department mutually recognize that all violations of the Acts, 
even those committed knowingly and willfully, may not be proper 
subjects for prosecution as criminal offenses. For the most beneficial 
and effective enforcement of the Acts, those knowing and willful 
violations which are significant and substantial, and which may be 
described as aggravated in the intent in which they were committed, or 
in the monetary amount involved should be referred by the Commission to 
the Department for criminal prosecution review. Within this framework, 
numerous factors will frequently affect the Commission's determination 
to share information with the Department or make a report or referral, 
including the repetitive nature of the acts, the existence of a 
practice or pattern, prior notice, and the extent of the conduct in 
terms of geographic area, persons, and monetary amounts, among many 
other proper considerations.
    14. If the Department publicly charges a violation of the Acts, or 
a conspiracy to violate the Acts, or another crime relating to the 
Commission such as making a false statement to the Commission, in any 
court, it shall promptly alert the Commission of the pendency of the 
matter. Following receipt of such notice, and consistent with paragraph 
7, above, the Commission may request that the Department provide 
information about the matter obtained during the Department's criminal 
investigation or prosecution.
Related Offenses
    15. Materially false information, records, or statements that are 
intentionally made or submitted to the Commission may constitute 
violations of federal criminal law under 18 U.S.C. 371, 1001, 1505, 
1519, 1621, and other statutes. If the Commission receives or

[[Page 24989]]

develops information related to the making or submission of materially 
false information, records, or statements in a matter within the 
Commission's jurisdiction through a Commission function, administrative 
proceeding, investigation, or otherwise, the Commission may report such 
apparent violations to the Department pursuant to 52 U.S.C. 
30107(a)(9), including as set forth above in paragraphs 6 and 2. In the 
case of such reporting, the Department will evaluate and, in its 
discretion, prosecute potential criminal offenses arising from that 
conduct. In the event that the Department requests additional 
information in furtherance of any such criminal investigation or 
prosecution by the Department, it may request that the Commission 
provide such information, consistent with and as set forth above in 
paragraph 6.
Settlements and Dispositions
    16. The Department and the Commission recognize the benefits of 
global settlements, that is, settlements that simultaneously resolve 
related criminal and civil violations of the Acts concerning the same 
underlying unlawful conduct, and may seek to enter into global 
settlements when appropriate under procedures consistent with the 
interests and ethical obligations of the Department and the Commission.
    17. If a subject or defendant in a criminal investigation or 
prosecution requests a global settlement, the Department and the 
Commission may confer as appropriate to determine whether criminal and 
civil liability arising from the same or related transactions can be 
resolved in a global settlement.
    18. In cases in which no global settlement is reached, the 
Department will seek to include in any plea agreement concerning 
conduct that may constitute a violation of the Acts a provision 
acknowledging that nothing in the agreement waives or limits in any way 
the Commission's authority to seek civil penalties or other 
administrative remedies for violations of the Acts. The Commission and 
the Department agree, however, that the absence of any such disclaimer 
in a plea agreement is not intended to constitute a waiver of, or 
otherwise limit the Commission's ability to engage in, any civil 
enforcement activity concerning an applicable violation of the Acts.

Points of Contact

    19. The Chief of the Public Integrity Section, the Principal Deputy 
Chief of the Public Integrity Section, and the Director and the Deputy 
Director of the Election Crimes Branch of the Public Integrity Section, 
all of the Criminal Division of the Department, shall be the 
Commission's points of contact for the Department's obligations under 
this MOU, with the Director of the Election Crimes Branch being the 
primary contact.
    20. The General Counsel for the Commission, the Associate General 
Counsel and the Deputy Associate General Counsels for Enforcement, and 
the Associate General Counsel for Litigation in the Office of General 
Counsel shall be the Department's points of contact for the 
Commission's obligations under this MOU, with the Associate General 
Counsel for Enforcement being the primary contact.

Repeal of 1977 Memorandum

    21. This MOU repeals and supersedes the 1977 Memorandum of 
Understanding between the Commission and the Department regarding the 
handling of violations of the federal campaign finance laws.

Effective Date

    22. The effective date of this MOU will be the date the executed 
MOU is published in the Federal Register.

Limitation; No Reliance

    23. This MOU applies only to the relationship between the 
Commission and the Department. It is not intended to confer, nor does 
it confer, any procedural or substantive rights on any person in any 
matter before the Department, the Commission, or any court or agency 
and may not be relied upon for that purpose, or any other purpose, by 
any person not a party to this MOU.

    Dated: April 14, 2023.

    For the United States Department of Justice.
Kenneth A. Polite, Jr.,
Assistant Attorney General, Criminal Division.
    Dated: April 19, 2023

    For the Federal Election Commission.
Lisa J. Stevenson,
Acting General Counsel.
    Dated: April 19, 2023.

    On behalf of the Commission,
Dara Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-08639 Filed 4-24-23; 8:45 am]
BILLING CODE 6715-01-P
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