William Wentworth, a wealthy and influential business owner, had a vested interest in seeing his preferred candidate win the Senate election

William Wentworth, a wealthy and influential business owner, had a vested interest in seeing his preferred candidate win the Senate election. Wentworth has unlimited monies but he is subject to the strict limits placed on individual contributions to one specific Senator’s campaigns. Wentworth asked all one hundred employees to write $1,000 personal checks in order to make contributions to Senator X’s federal election campaign. Wentworth then reimbursed each employee, in the form of a check or cash, the exact amount of the checks they wrote. Senator X’s campaign staff is required to file reports that include contributors’ names with the Federal Election Commission (FEC). And Senator X’s campaign treasurers were seemingly unaware that the FEC campaign finance reports they filed were actually false due to Wentworth’s ability to conceal that he was the source of all of the contributions. In what ways, if any, have Wentworth and the campaign treasurers violated 18 U.S.C. Section 1001? Be sure to reference what mental state is required under 18 U.S.C. Section 2.

Please cite applicable federal regulations, statutes or cases in support of your analysis.

18 U.S.C. Section 1001

(a)  Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully–

(1)  falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2)  makes any materially false, fictitious, or fraudulent statement or representation;  or

(3)  makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 ), imprisoned not more than 8 years, or both.  If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591 , then the term of imprisonment imposed under this section shall be not more than 8 years.

(b)  Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(c)  With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to–

(1)  administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch;  or

(2)  any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate

 

18 U.S.C. Section 2 Unannotated Title 18 Crimes and Criminal Procedure 2. Principals

(a)  Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b)  Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

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