Latest Developments:
DOJ Details New Corporate Fraud Enforcement Push
A Department of Justice memo issued October 1st directs prosecutors to use a list of factors to prioritize corporate fraud cases, including whether the matters involve government programs, threats to national security or immigration offenses. The memo also directs prosecutors to focus on schemes related to healthcare, government contracts, tax evasion, trade fraud and forced labor. Law360 – DOJ Outlines New Corporate Fraud Enforcement Priorities and DOJ Envisions ‘Full-Fledged Law Firm’ To Combat Gov’t Fraud The focus comes after cutbacks and changes in priorities at the Department, but DOJ officials note they are hiring.
Arizona’s “Dark Money” Law Upheld by Ninth Circuit
The Ninth Circuit Court of Appeals rejected a First Amendment challenge by Americans for Prosperity to Arizona’s Voters’ Right to Know Act, which requires political committees and nonprofit corporations to identify donors who contributed more than $5,000 in funds for campaign media spending, even if the money passed through intermediaries. Americans for Prosperity v. Meyer Ninth circuit opinion and Arizona’s voter-approved dark money law defeats First Amendment challenge Donors are actively being asked to confirm whether their contributions will be used for campaign media purposes or non-disclosed activities.
Supreme Court Denies Injunction Against Delaware Disclosure Law
The Supreme Court denied an application by Americans for Prosperity and its affiliated 501(c)3 for an injunction against the Delaware Elections Disclosure Act. Supreme Court Decision and Respondents’ Brief. The Act, enacted in 2012, requires groups that make electioneering communications in Delaware’s state elections to publicly disclose donor information and follows the federal model. CLC – Americans Prosperity v. Albence The Third Circuit Court of Appeals previously upheld the Act’s constitutionality in 2015, but plaintiffs had argued that a Supreme Court ruling “superseded” the earlier decision.
Events and Reminders:
The California Fair Political Practices Commission will consider adopting updated versions of seven forms, including the Form 700 Statement of Economic Interests, at its November 19, 2026 meeting. Updates will include the new 2027-2028 gift limit and recent changes resulting from AB 1029, effective January 1, 2027. AB 1029 requires public officials to disclose interests in their digital financial assets, such as cryptocurrency. To review the updated forms, see this page: https://www.fppc.ca.gov/the-law/interested-persons-meetings/under Updated Form 700 and Related Documents for 2026/2027.
As of October 1, 2026, Connecticut increased dollar thresholds under the state ethics laws applicable to restricted donors, including registered lobbyists, pursuant to Public Act 26-66. Please contact your Nielsen Merksamer counsel if you have questions about how the new limits apply to a particular situation.
In Case You Missed It:
Former Miami Congressman Sentenced for FARA Violations
A former Miami Congressman has been sentenced to 10 years in prison after he failed to register as a lobbyist under the Foreign Agents Registration Act and to disclose a $50 million lobbying campaign on behalf of Venezuela during the first Trump administration. Former Rep. David Rivera was found guilty in May of failing to register as a foreign agent and conspiracy to commit money laundering as part of his work for former Venezuelan President Nicolás Maduro’s government. Prosecutors allege he used an encrypted chat and code words to communicate with the Maduro government through a media tycoon, who was also later charged with bribery. Rivera’s attorneys plan to appeal and applied for a presidential pardon; he faces additional charges in a related foreign lobbying case. Politico – Rivera sentenced – Venezuela lobbying
11th Circuit Hears Challenge to Georgia Campaign Finance Statute
A three-judge panel raised questions about standing as it heard an appeal by Georgia’s Libertarian and Green Parties, who are challenging a campaign finance law they contend unfairly advantages traditional political parties. Atlanta Journal-Constitution – Georgia campaign law faces challenge and 11th Circ. Seems Wary Of Ga. Campaign Finance Challenge – Law360. The 2021 amendment to the Georgia Government Transparency and Campaign Finance Act allows the governor, lieutenant governor and nominees of a political party for those two offices to create leadership committees capable of raising and spending unlimited funds for their campaigns. The Libertarian and Green parties are recognized only as “political bodies” and capped at individual contribution limits.