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Reply #4: FEC investigations are required to be confidential [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-20-04 05:19 PM
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4. FEC investigations are required to be confidential
They are required to keep the identities confidential of those individuals they investigate and interrogate. The FEC has subpoena power under the United States Code (U.S.C.) to acquire both documentary and testimonial evidence.

During the course of its investigation, the FEC is empowered to (1) order any person to submit written reports and answer questions, and (2) subpoena witnesses to testify or to produce documentary evidence, according to 2 U.S.C. § 437d(a)(1), (3). Although the FEC has no power to enforce such orders and subpoenas, it may petition the district court for judicial enforcement under 2 U.S.C. § 437d(b).

Following its investigation, the Commission may vote to determine if there is probable cause to believe that the person has committed a FECA violation pursuant to 2 U.S.C. § 437g(a)(4)(A)(i). If the Commission finds probable cause, it must attempt to correct or prevent such violation by informal methods of conference, conciliation, and persuasion. If the FEC's attempt at conciliation is unsuccessful, the Commission is authorized to enforce the FECA through a civil suit brought in district court under 2 U.S.C. § 437g(a)(6)(A).
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