Whether and under what circumstances a report to the Federal Election Commission that does not specify the ultimate recipient of a campaign disbursement or a report that inaccurately describes the purpose of a disbursement can constitute a false report for purposes of federal criminal law

QUESTION PRESENTED The Federal Election Campaign Act (“FECA”) requires that candidates for federal elected office report certain disbursements to the Federal Election Commission. Among other information, FECA requires the disclosure of the name of payees and the purpose of disbursements. If a candidate pays a vendor, who in turn pays a subvendor with campaign funds, FECA does not require that the candidate disclose the subvendor’s name. The FEC keeps only a non-exhaustive list of acceptable and unacceptable purpose statements, but it does not always provide candidates or campaign professionals with clear guidance as to whether or not a specific purpose will be deemed acceptable by the Commission in advance of the report's filing. The question presented is whether and under what circumstances a report to the Federal Election Commission that does not specify the ultimate recipient of a campaign disbursement or a report that inaccurately describes the purpose of a disbursement can constitute a false report for purposes of federal criminal law.