Justice Dept. criticized over foreign lobbying law

WASHINGTON — FBI agents and federal prosecutors disagree over the intent of a foreign lobbying disclosure law, creating confusion within the Justice Department and complicating enforcement, according to a watchdog report released Wednesday.

The report from the department’s inspector general found that prosecutors and agents are at odds on how best to enforce the Foreign Agents Registration Act and on what constitutes a prosecutable case. The 1938 law, known as FARA, requires lobbyists to register if they represent foreign leaders or their political parties, and to disclose details about their work, including how much money they spend and receive.

The law is enforced by a unit within the Justice Department’s National Security Division, but few criminal prosecutions are brought and the number of registrations has dropped significantly in the last few decades.

The statute, even if rarely used as a criminal tool, has made headlines recently. A lawyer for Virginia Gov. Terry McAuliffe said in June that federal investigators were looking into whether McAuliffe lobbied the U.S. government on behalf of foreign interests, and The Associated Press reported last month on a covert Washington lobbying operation on behalf of Ukraine interests directed by the firm of Donald Trump’s former campaign chairman, Paul Manafort.

Investigators interviewed for the inspector general report said Justice Department prosecutors were slow in reviewing possible cases and reluctant to approve charges, while prosecutors said the law’s primary purpose was to ensure proper registration and public disclosure — and not to pursue criminal charges.

Though failure to register under FARA can carry up to five years in prison, only seven cases have been brought in the last 50 years.

Justice Department lawyers told the inspector general they face a legal burden in proving that a violation was willful and that lobbyists were operating under the “direction and control” of a foreign government. They said their powers are limited because they can’t compel lobbying firms to turn over documents, and are pursuing civil investigative demand authority from Congress.