The FBI Says Bob Brady and Marjorie Margolies Conspired to Violate Election Laws. Why Weren't They Charged?
The assertion by the FBI agent was stark: As part of a scheme to conceal illegal campaign contributions, Marjorie Margolies in 2014 falsely reported a nearly $25,000 donation funneled through her personal bank account as a loan to her congressional campaign.
[...]
But there’s a higher bar to prosecuting a sitting member of Congress, which typically requires authorization from top Justice Department brass in Washington. Prosecutors likely wanted Smukler’s cooperation to go after Brady, said Mark Lee, a white-collar criminal defense attorney at Blank Rome LLP and a former federal prosecutor.
Prosecutors might have had a stronger case on Margolies, given her personal involvement in one of the transactions they say involved an illegal contribution. But without a cooperating witness, the case is circumstantial and could be tough to win in court, legal observers say.
“Smukler isn’t the big fish, but they can’t get a bigger fish unless they flip him,” said Lee, who represented former U.S. Rep. Chaka Fattah (D., Pa.) during his corruption trial.
Lee pointed to the failed prosecution of Sen. Bob Menendez (D., N.J.), who prevailed in a document-driven bribery trial that lacked damning government witnesses.
To read the full article, please click here.
"The FBI Says Bob Brady and Marjorie Margolies Conspired to Violate Election Laws. Why Weren't They Charged?," by Andrew Seidman was published in Philly.com on March 30, 2018.