Commission approves Memorandum of Understanding between the FEC and Department of Justice
On April 19, 2023, the Commission approved a Memorandum of Understanding (MOU) between the Federal Election Commission and the United States Department of Justice (DOJ) to promote the enforcement of the federal campaign finance laws. The MOU establishes guidelines for the Commission and DOJ to engage in parallel proceedings, share information in appropriate circumstances, and otherwise properly advance the missions of both agencies subject to all relevant legal and ethical constraints informed by the mutual respect of the independence of each agency.
The Commission has exclusive jurisdiction over civil enforcement of the federal campaign finance laws. The Commission also administers, formulates policy, issues formal interpretations, and promulgates regulations to implement and clarify these laws.
DOJ has exclusive jurisdiction of criminal enforcement of the federal campaign finance laws, including related criminal offenses.
Under the MOU, the Commission and DOJ agree to assist each other in fulfilling their respective statutory responsibilities and to cooperate, consistent with all legal restrictions, to further their respective enforcement activities. The MOU lays out processes for sharing information between the two agencies, procedures for concurrent investigations or administrative proceedings relating to the same parties or conduct, and procedures for the reporting of related violations of federal criminal law that the Commission becomes aware of during its proceedings.
The MOU supersedes the 1977 MOU between the Commission and DOJ and is effective as of April 25, 2023.