US Lawmakers Introduce Bipartisan Bill To Close FARA Enforcement Loophole

Rob Kelner’s commentary was included in a Global Investigations Review article discussing a new bipartisan bill that would address gaps in the Foreign Agents Registration Act that prohibits the government from retroactively requiring individuals to register as foreign agents.

Rob said the bill, if enacted, would have a limited impact because the judge’s ruling only applies to civil FARA enforcement lawsuits, which are exceedingly rare. He explained that the DOJ has two mechanisms to enforce FARA: one is to file a criminal indictment and the other is to file a civil suit asking a judge to force an individual to register as a foreign agent.

“The principal enforcement tool remains criminal enforcement, and the Wynn decision was not relevant at all to criminal enforcement,” he said.

Rob also said the DOJ may choose to pursue a civil case if prosecutors are concerned they don’t have sufficient evidence to prove a defendant actively chose not to register under FARA despite being aware of the law.

“The vast majority of cases are criminal cases, but on rare occasions, the department has used this alternative civil mechanism simply to get somebody to register without criminal penalties,” he said.

Read the full article here.