We will deliver this letter with thousands of signatures to Attorney General Eric Holder :
Honorable Eric H. Holder, Jr.
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Dear Mr. Attorney General:
I am writing to request that you criminally prosecute the groups that violated campaign
finance laws during the 2010 election. Specifically, groups such as Crossroads GPS and
American Future Fund violated the law by raising and spending significant amounts of money
to influence the 2010 congressional elections without (1) registering as a political
committee, as required by 2 U.S.C. § 433, (2) filing political committee financial disclosure
reports required by 2 U.S.C. § 434, and (3) complying with the political committee
organizational requirements of 2 U.S.C. § 432. The US Chamber of Commerce violated the
law by using money solicited from foreign sources in federal elections in violation of 2
U.S.C. § 441(i(a) and using its trade association 501c6 status to launder money for the
benefit of contributors.
Under the Federal Election Campaign Act (FECA), 2 U.S.C. § 431 et seq., the Department of
Justice has its own independent and exclusive jurisdiction to bring criminal enforcement
proceedings for violations of these laws. Because it appears that these groups also engaged
in misuse of tax-exempt status, money laundering, fraud and racketeering, those violations
should also be considered for prosecution.
Many groups that spent millions in secret money on the 20101 election have thumbed their noses
at the laws governing elections because they believe, based on past precedent, that the FEC will
merely slap them on the wrist with a cost of business fine. Therefore, it is imperative that
the DOJ send a strong message that people who violate election laws will go to prison. This
includes not only the organizations but also the individuals who established, managed,
solicited funds for, and donated to the groups. From published reports it is clear that
donors to these organizations have colluded with the fundraisers and managers of these
organizations to violate federal election laws as well as the tax laws in order to protect
their anonymity and information about how much money they have donated. Published
reports also indicate that individuals who are personally well-versed in federal campaign
finance laws are intimately involved in management, fundraising and funding of these
groups, which provides powerful evidence that they are engaged in "knowing and
As President Obama and others said during the election, the use of secret money laundered
through 501c groups is a "threat to our democracy." The Department of Justice is responsible
for removing such threats and can do so now by ensuring that actual "knowing and willful"
violations of election law are fully prosecuted. Such prosecutions will have not only hold
violators accountable and deter others, but will also serve to reduce campaign finance abuses
and ensure strict compliance with the law in the next election.