A llegations of political corruption often involve questions regarding a public official or candidate's use of campaign funds or the relationship between campaign contributors and the candidate or official. A common concern is that a particular individual, private organization, company, or other entity "bought"—through large campaign contributions widely distributed—particular official favors, official acts, or official forbearance from officers or employees of the federal government. These issues have been highlighted in several high-profile cases over recent years. In 2016, the Supreme Court clarified the boundaries of federal political corruption statutes in McDonnell v. United States , in which it examined which actions taken by public officials could be considered official acts. Overview of Campaign Finance Regulation2

		Contributions to Candidates

The Federal Election Campaign Act (FECA) regulates campaign contributions in federal elections. Generally, FECA regulates contributions in three ways, by establishing limits, source restrictions, and disclosure requirements. Ban on Corporate and Labor Union Contributions

FECA prohibits contributions by corporations and labor unions from their own funds or "general treasuries." Prohibition on Conversion of Campaign Funds for Personal Use

In addition to the provisions relating to campaign contributions, FECA also prohibits the converting of campaign funds for personal use. Specifically, the law considers a contribution to be converted to personal use if it is used to fulfill any commitment, obligation, or expense that would exist "irrespective" of the candidate's campaign or duties as a federal officeholder. Criminal Penalties

While FECA also sets forth civil penalties, this report addresses the law's criminal penalties. Campaign Contributions and Official Government Acts

In addition to the campaign finance laws discussed above, a number of federal political corruption provisions impose restrictions on the use of campaign contributions to influence official acts by elected officials, including bribery; illegal gratuities; extortion; and honest services fraud. Bribery is perhaps the best known of the political corruption crimes, barring an official from accepting a thing of value in exchange for being influenced in the performance of an official act. The scope of prohibition on honest services fraud has been limited to apply only to situations that involve bribery or kickbacks that result in public officials engaging in schemes that could be seen as depriving the public of honest services expected from government officials. While the bribery and illegal gratuity provisions prohibit public officials from seeking or accepting contributions related to official acts, extortion prohibits public officials from using their position to demand contributions. In a similar vein as the bribery provision, the making of campaign contributions, either on one's own initiative or in response to a request from an official or the official's campaign, with the mere hope or expectation that one might be treated favorably in the future because of one's generosity and support in making such campaign contributions, does not provide the necessary quid pro quo or corrupt character for an extortion charge:
... [T]he explicitness requirement serves to distinguish between contributions that are given or received with the "anticipation" of official action and contributions that are given or received in exchange for a "promise" of official action.
Allegations of political corruption often involve questions regarding a public official or candidate's use of campaign funds or the relationship between campaign contributors and the candidate or official. A common concern is that a particular individual, private organization, company, or other entity "bought"—through large campaign contributions widely distributed—particular official favors, official acts, or official forbearance from officers or employees of the federal government. These issues have been highlighted in several high-profile cases over recent years. In 2016, the Supreme Court clarified the boundaries of federal political corruption statutes in McDonnell v. United States, in which it examined which actions taken by public officials could be considered "official acts."
In an effort to curb corruption in the political process, Congress has enacted laws that regulate campaign contributions made to federal office candidates. The Federal Election Campaign Act (FECA) regulates contributions in three general ways, by establishing limits, source restrictions, and disclosure requirements. Source restrictions include prohibitions on contributions from government contractors, foreign nationals, and the general treasuries of corporations and labor unions (corporate and labor union political action committee (PAC) contributions are permitted). Further, the law prohibits the converting of campaign funds for personal use; that is, it bans contributions from being used to fulfill any expense that would exist "irrespective" of the candidate's campaign or federal officeholder duties. Courts have generally upheld these regulations in order to maintain the integrity of the democratic process by protecting against quid pro quo corruption and its appearance. In addition to civil penalties, it is notable that FECA sets forth a range of criminal penalties.
In addition to the direct federal regulation of campaign contributions, a number of federal political corruption provisions prohibit federal officials from receiving personal benefits that are related, in certain ways, to their official acts. Among some of the most common concerns raised in political corruption cases are bribery, illegal gratuities, and extortion. Laws criminalizing these activities bear upon the relationship of official acts to otherwise lawful contributions: The prohibition on bribery precludes officials from accepting contributions in exchange for performance of an official act. The prohibition on illegal gratuities does not require that the contribution be made in exchange for the official act, but instead precludes officials from accepting contributions made because of the official act. The prohibition on extortion precludes officials from using their position to demand contributions in exchange for official action. Additionally, a number of political corruption cases involve charges of so-called "honest services" fraud, alleged when public officials engage in schemes that deprive the public of honest services of government officials.
This report provides an overview of federal campaign finance and public corruption laws that may be relevant to the political campaigns of elected officials, including discussion of provisions that could be implicated in cases involving the misuse of campaign funds or malintent of campaign contributions.