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How bad can it be to get it wrong?
Campaign finance law and compliance is becoming increasingly complex, with a steady stream of FEC Advisory Opinions and court rulings that rock the boat. The consequences of not staying on top of this complexity can be devastating for your campaign, not only financially, but to your candidate's reputation as well. No one wants to be on the front page of the local paper for the wrong reasons, especially in the midst of a campaign. Add to that the potential for inflexibly stiff fines and even stiffer legal fees and the dangers of avoidable mistakes quickly sky-rocket.
Last cycle, the FEC collected nearly half a million dollars in fines from campaigns for violations which could have easily been avoided. The bottom line here is that winning campaigns understand the right legal counsel, coupled with a proactive approach to arduous campaign finance laws and regulations, will make a difference in your campaign. The challenges campaign treasurers face can be overwhelming, especially in light of the rapidly changing laws and regulations. As one of the few firms at the cutting edge of campaign finance law, and one that treats compliance as a core mission and not secondary, we understand exactly the challenges you face on a day to day basis. Contact us to learn more about how DB Capitol Strategies can help you avoid common campaign finance pitfalls at 202-210-5431 or email DBacker@DBCapitolStrategies.com.
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About DB Capitol Strategies
DB Capitol Strategies PLLC is a cutting edge campaign finance & political compliance law firm in Washington DC.
 The firm includes Dan Backer (left), lead counsel on Carey v FEC (which created Carey Accounts and Hybrid PACs), and Steve Hoersting (below), co-counsel on SpeechNow.org v FEC (which created SuperPACs) and Carey as well as a past General Counsel of the National Republican Senatorial Committee and co-founder of the Center for Competitive Politics. Together, they continue to play a leading role in shaping the political compliance landscape through their FEC & litigation practice.
Steve and Dan provide the full range of legal advice & guidance to campaigns, PACs, and political organizations on the entire range of candidate, campaign, campaign finance, and organizational regulations.
DB Capitol Strategies provides a broad suite of personalized services, support, and strategic advice to our clients, and has not shied away from zealously advancing clients' interests before the Federal Election Commission and in Federal court.
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Recent Fines
Robinson Committee (the campaign committee of a failed primary candidate for U.S. Senate in Massachusetts) filed its 2009 year-end report 81 days late, and the FEC imposed a penalty of $6,050. The Committee filed suit, Robinson Committee, LLC v FEC, but a U.S. District Court dismissed Robinson's claim that he had used his "best efforts" to file his report on time, siding with the Commission that the circumstances at hand were not "unforeseen," and upheld the fine. All that time, effort, legal resources, reputation, and the fine could easily have been avoided.
Pollak For Congress failed to file its 2011 July Quarterly Report, and the FEC slapped them with a $9,075 fine - that they failed to challenge! They could have avoided that fine for far less - investing in compliance and legal guidance to avoid problems rather than deal with the aftermath.
Is the FEC out to get you?
Maybe not, but make a mistake and they might. Over 300 PACs and campaign committees were fined last cycle, and nearly one third of those of fines exceeded $1,000. It's always easier and less expensive to stay out of trouble than to get out of trouble. And, when fines are assessed, shouldn't you be able to rely on your compliance partners to defend your interests? Avoiding costly fines, expensive litigation, and permanent reputational damage is as easy as working with the right people to meet this need.
DB Capitol Strategies has helped clients address these and other key campaign concerns:
- Soliciting funds - for yourself and others - under current restrictions
- Coordination with outside spenders, and how not to do what you can't do
- Communicating with outside parties, and how to say what you can say
- Who can pay for what events, and how
- Understanding when activity is - and is not - reported
- How to use email lists - yours and others
We understand these and many other challenges that candidates and campaign treasurers like yourself - our clients - deal with every day. This is the most mixed-up campaign regulatory environment ever and winning campaigns understand that the right legal counsel will make the difference. If you'd like to know more about these and other issues, contact us at 202-210-5431 or email DBacker@DBCapitolStrategies.com.
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This information is not intended as legal advice, which turns on specific facts. Seek specific legal advice before acting with regard to the subjects mentioned herein. For more information, visit our website at www.DBCapitolStrategies.com. ©2012 DB Capitol Strategies PLLC, All rights reserved.
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