[EL] D'Souza case

[Kelner, Robert]

One thing to keep in mind is that the practices can vary across US Attorneys Offices. DOJ does not necessarily have a uniform nationwide approach to these cases.

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On Jan 24, 2014, at 12:20 PM, "David Mason" <dmason12 at gmail.com<mailto:dmason12 at gmail.com>> wrote:

I'm not sure what is going on with FBI/DOJ, but I am aware of another recent, relatively low dollar case where it appears the defendant's first contact with the government was to be presented with a warrant and arrested at his office, and of yet a third recent case involving a pre-indictment arrest.  I believe Dinesh was born in India; I don't know if presumed dual citizenship puts defendants in some sort of presumed flight risk category.


On Fri, Jan 24, 2014 at 11:57 AM, Kelner, Robert <rkelner at cov.com<mailto:rkelner at cov.com>> wrote:
As David notes, these DOJ straw donor cases are a dime a dozen.  It is not at all unusual for them to originate out of DOJ rather than the FEC.  It is just that most of the cases go unnoticed because they do not include a celebrity defendant.  What is a bit unusual here is that many cases with the small dollar amount at issue in this case would be resolved with a plea agreement and modest penalty prior to indictment.

Robert K. Kelner
COVINGTON & BURLING LLP
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Washington, DC 20004
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rkelner at cov.com<mailto:rkelner at cov.com>
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From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] On Behalf Of David Mason
Sent: Friday, January 24, 2014 11:53 AM
To: Mark Schmitt
Cc: law-election at uci.edu<mailto:law-election at uci.edu>
Subject: Re: [EL] D'Souza case

I have seen a very large number of criminal conduit/reimbursed contributions filed by DOJ directly, straight to indictment, as you put it.  In just the least few years I have seen several instances of criminal pleas and concivtions involving fines and even imprisonment without any apparent FEC role or action.

On Fri, Jan 24, 2014 at 11:46 AM, Mark Schmitt <schmitt.mark at gmail.com<mailto:schmitt.mark at gmail.com>> wrote:
Am I correct in thinking that cases involving reimbursement of donors usually go through the FEC and civil fines, rather than straight to a federal criminal indictment?


Mark Schmitt
202/246-2350<tel:202%2F246-2350>
gchat or Skype: schmitt.mark
twitter: mschmitt9

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