Faun
Diamond Member
- Nov 14, 2011
- 124,452
- 82,395
Yes, I already explained it. As did Hutch Starskey. You’re simply not capable of comprehending the explanations.I have seen no evidence that these charges are felonies, and you have to explain why they would be felonies while Obama's violation is not.Fucking moron, I explained the difference and even suggested you re-read it as many times as necessary until you understand it. Now it’s on you.What makes what Trump/Cohen did a felony while when Obama did worse it was just a fine?Fucking moron...The campaign violations are not felonies, moron. The other charges are. Effectively what the prosecutor did is charge him with the equivalent of 5 armed robberies and a couple of parking tickets.Obama wasn't charged with a federal felony, dope. Cohen was.
The plea on eight felony counts, entered Tuesday afternoon in federal court in Manhattan...
You said you explained the difference. The only difference I see is that Obama did it for more money and it was an actual donation.
But regardless of your ignorance, you’ve now been shown he pled guilty to felony counts of violating campaign finance laws.
Here, this will sail clearly over your head too; but it’s worth posting just to provide more laughs at your expense...
ENFORCEMENT
1. Three Types of Enforcement
Federal campaign financing violations are subject to three types of enforcement:
i) Criminal prosecution by the Justice Department as felonies, either under FECA; under other federal criminal statutes addressing frauds and false statements, such as 18 U.S.C. §§ 371, 1001, 1341, 1343, and 1519; or under Title 26 statutes if the matter involves a publicly funded presidential campaign;
ii) Criminal prosecution by the Justice Department as FECA misdemeanors if the amount of the violation does not reach the felony threshold; and
iii) Civil enforcement proceedings by the FEC.
FECA creates a statutory dichotomy between non-willful violations involving any amount, and willful violations involving $2,000 or more within a calendar year. The former are expressly subject to the exclusive civil jurisdiction of the FEC. 52 U.S.C. §§ 30109(a), 30107(e). The latter are subject to both civil enforcement proceedings by the FEC and criminal prosecution by the Justice Department. 52 U.S.C. § 30109(a)(5)(B) & (C) & (d). In addition, the Commission has statutory authority to interpretthestatutethrough regulations and advisory opinions, and its opinion should be given deference. 52 U.S.C. §§ 30106(b)(1), 30107(a)(7)-(8), & (e); FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 37 (1981).
The FEC pursues FECA violations under the statutory scheme set forth in Section 30109(a). In brief, civil penalties can be imposed through a “conciliation” process, which is roughly equivalent to an administrative guilty plea with a stipulated penalty agreed upon by the FEC and the respondent; civil penalties can also be imposed through a civil suit brought by the FEC in federal district court. Civil sanctions range from “cease and desist” agreements (in which the respondent agrees not to commit a similar violation in the future) to relatively substantial fines. The size of the civil fine depends both on the amount involved in the violation and the degree of knowledge and intent of the respondent. 52 U.S.C. § 30109(a)(5) & (a)(6). The FEC possesses subpoena power and the power to administer oaths, § 30107(a)(3) & (a)(2), as well.
Criminal prosecution under FECA can be pursued before civil and administrative remedies are exhausted. § 30109(a) & (d); see United States v. Int’l Union of Operating Eng’rs, Local 701, 638 F.2d 1161, 1162–68 (9th Cir. 1979); see also Marcus v. Holder, 574 F.3d 1182, 1184–86 (9th Cir. 2009); Fieger v. U.S. Attorney Gen., 542 F.3d 1111, 1119 (6th Cir. 2008); Bialek v. Mukaskey, 529 F.3d 1267, 1271 (10th Cir. 2008).
https://www.justice.gov/criminal/file/1029066/download#page206
1. Three Types of Enforcement
Federal campaign financing violations are subject to three types of enforcement:
i) Criminal prosecution by the Justice Department as felonies, either under FECA; under other federal criminal statutes addressing frauds and false statements, such as 18 U.S.C. §§ 371, 1001, 1341, 1343, and 1519; or under Title 26 statutes if the matter involves a publicly funded presidential campaign;
ii) Criminal prosecution by the Justice Department as FECA misdemeanors if the amount of the violation does not reach the felony threshold; and
iii) Civil enforcement proceedings by the FEC.
FECA creates a statutory dichotomy between non-willful violations involving any amount, and willful violations involving $2,000 or more within a calendar year. The former are expressly subject to the exclusive civil jurisdiction of the FEC. 52 U.S.C. §§ 30109(a), 30107(e). The latter are subject to both civil enforcement proceedings by the FEC and criminal prosecution by the Justice Department. 52 U.S.C. § 30109(a)(5)(B) & (C) & (d). In addition, the Commission has statutory authority to interpretthestatutethrough regulations and advisory opinions, and its opinion should be given deference. 52 U.S.C. §§ 30106(b)(1), 30107(a)(7)-(8), & (e); FEC v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 37 (1981).
The FEC pursues FECA violations under the statutory scheme set forth in Section 30109(a). In brief, civil penalties can be imposed through a “conciliation” process, which is roughly equivalent to an administrative guilty plea with a stipulated penalty agreed upon by the FEC and the respondent; civil penalties can also be imposed through a civil suit brought by the FEC in federal district court. Civil sanctions range from “cease and desist” agreements (in which the respondent agrees not to commit a similar violation in the future) to relatively substantial fines. The size of the civil fine depends both on the amount involved in the violation and the degree of knowledge and intent of the respondent. 52 U.S.C. § 30109(a)(5) & (a)(6). The FEC possesses subpoena power and the power to administer oaths, § 30107(a)(3) & (a)(2), as well.
Criminal prosecution under FECA can be pursued before civil and administrative remedies are exhausted. § 30109(a) & (d); see United States v. Int’l Union of Operating Eng’rs, Local 701, 638 F.2d 1161, 1162–68 (9th Cir. 1979); see also Marcus v. Holder, 574 F.3d 1182, 1184–86 (9th Cir. 2009); Fieger v. U.S. Attorney Gen., 542 F.3d 1111, 1119 (6th Cir. 2008); Bialek v. Mukaskey, 529 F.3d 1267, 1271 (10th Cir. 2008).
https://www.justice.gov/criminal/file/1029066/download#page206