LDA Enforcement

Going to the Mat (thanks for my first-ever link!) references my earlier post regarding LDA/HLOGA enforcement and asks if the severe punishments provided for in HLOGA will ever be enforced.   (HLOGA contains increased civil penalties and new criminal penalties — prison and fines.)    A couple of points on enforcement.  HLOGA’s “knowing and corrupt” (Sec. 7(b)) standard is part of a prosecutor’s burden in criminal cases.  The LDA (Sec. 6(a)) further provides that the Secretary of the Senate and the Clerk of the House shall


(7) notify any lobbyist or lobbying firm in writing that may be in noncompliance with this Act;

(8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this Act, if the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (7).

Obviously, there are significant non-legal considerations in weighing the prospect of enforcement.

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