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View Diary: Daily Kos Elections Morning Digest: More fallout from the rogue campaign treasurer in California (76 comments)

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  •  so are you also saying, that being a victim of.... (0+ / 0-)

    .... this particular crime also makes the victim guilty of a crime or some other statutory or regulatory offense?

    "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

    by G2geek on Wed Oct 19, 2011 at 06:14:53 PM PDT

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    •  You got it (0+ / 0-)

      You made a false filing and failed to take adequate precautions to ensure that the filing was not knowingly false.

      I'm treasurer of my state Libertarian Party (among other things), we have been taking the core precautions for a decade, and I am totally shocked that anyone with a seven instead of a four to barely five digit budget and attorneys and compliance advisors did not catch this.

      We can have change for the better.

      by phillies on Wed Oct 19, 2011 at 07:58:32 PM PDT

      [ Parent ]

      •  this strikes me as similar to... (0+ / 0-)

        .... charging someone with possession of kiddie porn after a computer virus took over part of their hard drive to stash the shit for a pedophile ring (yes this actually happens).  They had no knowledge, they had no basis to know, and "should have known" is meaningless in any real sense of the word.

        Legislators and regulators can put whatever language they want in the regs, but they may as well be demanding that people flap their arms and fly to the Moon.  It doesn't comport with reality, which is that sometimes people get robbed (or get computer viruses) through no fault of their own.  And turning that into a criminal liability: that the victim, magically via a stroke of the legislative pen, becomes an instant criminal themselves, offends every basic sense of fairness and justice.

        Here's hoping they go for a jury trial.  If I was on that jury I'd vote to acquit and I would not budge.  

        "Minus one vote for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

        by G2geek on Wed Oct 19, 2011 at 11:40:02 PM PDT

        [ Parent ]

    •  For more information (0+ / 0-)

      http://www.fec.gov/...

      Now, the distance you need to be inside the safe harbor will perhaps be sensitive to the size of the organization; if you have only a minimal organization, you may not have four people as described above; for some reason, I suspect that when you are in the seven digit range that you have  four trustworthy staff or volunteers.

      We can have change for the better.

      by phillies on Wed Oct 19, 2011 at 08:09:07 PM PDT

      [ Parent ]

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