Five of Trump’s potential violations involved his apparent knowing and willful direction, receipt, and concealment of unlawful contributions to his presidential campaign in violation of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30101 et seq. While it is true that technical offenses of the FECA are penalized with civil fines, more serious offenses are subject to criminal penalties. Unlawful campaign contributions or expenditures in excess of $25,000, made knowingly and willfully, are felonies punishable by up to five years in prison.
The eight criminal offenses, including seven felonies, potentially committed by Trump include:
Causing American Media Inc. (AMI) to make and/or accepting (or causing his then lawyer Michael Cohen to accept) an unlawful corporate contribution related to Karen McDougal.
Two instances of causing Cohen to make and/or accepting an unlawful individual contributions related to Stephanie Clifford and February 2015 online polling.
Two instances of causing Donald J. Trump for President LLC’s failure to report contributions from AMI and Cohen related to McDougal and Clifford.
Causing Donald J. Trump for President LLC to file false reports with the Federal Election Commission (FEC).
Making a false statement by failing to disclose liability to Cohen for the Clifford payment on his 2017 public financial disclosure form.
Conspiracy to defraud the United States by undermining the lawful function of the FEC and/or violating federal campaign finance law related to “hush money” payments, false statements, and cover-ups of reimbursement payments to Cohen made by the Trump Organization.