In light of the first federal “coordination” case guilty plea, the Department of Justice (“DOJ”) has announced its intent to aggressively pursue convictions for coordination violations.  This apparently new focus comes as the Federal Election Commission’s (“FEC”) enforcement of its own regulations appears to be lagging.  The Washington Post reports that the “FEC has closed 29 complaints of alleged illegal coordination between candidates and super PACs in the past five years, without opening an investigation into any of them.”  Matea Gold & Colby Itkowitz, Justice Department Ramps Up Scrutiny of Candidates and Independent Groups, The Washington Post, February 27, 2015, at http://www.washingtonpost.com/politics/justice-department-ramps-up-scrutiny-of-candidates-and-independent-groups/2015/02/27/f28409d8-be8e-11e4-8668-4e7ba8439ca6_story.html.

While contributions to PACs and Super PACs are not capped, contributions by such committees to candidates must comply with applicable caps, and must “not [be] made in concert or cooperation with or at the request or suggestion of such candidate, the candidate’s authorized political committee, or their agents, or a political party committee or its agents.”  5 U.S.C. § 30101(17).  This provision was the subject a recent DOJ prosecution.  (See this blog’s post dated March 3, 2015.)

DOJ’s prosecution of the recent Harber case as well as public statements made by DOJ officials serve as a warning to candidates, their staffs, and even their supporters to proceed with caution.  FEC investigations or fines are not the only things to worry about; now criminal prosecution is a clear possibility as well.