Failing to Register as a Foreign Agent under FARA

The Foreign Agents Registration Act (FARA) requires individuals acting on behalf of foreign entities to disclose their activities to the United States government.

Failing to register can result in federal criminal charges under various statutes, potentially leading to significant fines and prison time.

Accusations of failing to register under FARA are often high-stakes cases involving high-profile individuals--and prosecutors move aggressively in these cases to protect American interests.

If you're accused of failure to register, having a skilled federal criminal defense team is essential to minimizing your exposure and protecting your reputation.

At Eisner Gorin, LLP, our attorneys understand the complexities of FARA regulations and will work to build a comprehensive defense designed to protect your rights, your interests, and your future.

Schedule your consultation by calling (818) 781-1570 or using the contact form.

What is the Foreign Agents Registration Act (FARA)?

FARA is a federal disclosure law designed to ensure the government and the public know the source of information intended to influence United States policy.

It does not criminalize the underlying political activities, but rather the failure to disclose them to the Department of Justice (DOJ).

When you engage in specific activities on behalf of a foreign entity, you are legally required to file detailed disclosures with the Attorney General's office within 10 days.

The goal of the law is transparency — to ensure that U.S. lawmakers and the public can evaluate the statements and activities of individuals in light of their associations with foreign entities.

Key Insights of FARA

The key insights of the law include:

• Who is a Foreign Principal: The law broadly defines a foreign principal. This category includes foreign governments, foreign political parties, and corporations, non-governmental organizations, or non-profits located outside the United States.
• What Activities Require You to Register: You must register if you engage in political activities, public relations, political consulting, or fundraising on behalf of a foreign principal within the United States.

With FARA violations, intent is the key element prosecutors must prove. It's not enough to simply overlook paperwork. Prosecutors must prove that your lack of registration was willful in order to obtain a conviction.

Example of a Potential FARA Violation

A U.S.-based political consultant is hired by a foreign-owned company to influence lawmakers regarding energy regulations.

The consultant:

• Meets with lawmakers
• Coordinates media interviews
• Conceals foreign funding sources
• Fails to register with the Department of Justice

Federal prosecutors may investigate whether FARA violations occurred.

How Do Prosecutors Charge FARA Violations?

Prosecutors rarely rely on a single FARA charge; instead, they bundle the core violation with other federal statutes, like false statements and conspiracy, to build a stronger case.

Since proving intentional evasion under FARA is difficult, the government frequently uses a combination of laws to address regulatory noncompliance and related conduct. These may include, but are not limited to:

• 22 U.S.C. § 618(a)(1) – Willful Failure to Register: This is the primary criminal enforcement mechanism for FARA. The government must prove "willfulness," meaning you knew of the obligation to register and intentionally avoided it. Penalties can include up to five years in prison and significant fines.
• 18 U.S.C. § 1001 – False Statements: This statute is utilized when an individual files a misleading FARA registration or lies to the DOJ during an inquiry. Prosecutors frequently use this charge because it is often easier to prove than a willful failure to register. A conviction can result in up to five years in prison.
• 18 U.S.C. § 951 – Acting as an Unregistered Agent: Separate from FARA, this statute covers individuals acting as agents of a foreign government without notifying the Attorney General. Acting as an unregistered agent primarily applies to covert or intelligence-linked activity and carries penalties of up to ten years in prison.
• Related Financial and Obstruction Crimes: Depending on the investigation, prosecutors may add charges for Obstruction of Justice (18 U.S.C. § 1519) if records are concealed. If financial schemes are involved, Money Laundering (18 U.S.C. §§ 1956–1957) and Tax Evasion (26 U.S.C. § 7201) are frequently included.

FARA Penalties Chart

Related Federal Laws

18 U.S.C. § 371 — Federal Conspiracy

Section 371 is used when multiple people allegedly coordinate unlawful conduct.

18 U.S.C. § 1343 — Wire Fraud

Wire fraud law applies in certain financial fraud investigations.

18 U.S.C. § 1505 — Obstruction of Federal Proceedings

The federal conspiracy law applies when investigations are obstructed.

Frequently Asked Questions About FARA Violations

Is failing to register under FARA automatically a criminal offense?

No. Not every FARA violation leads to criminal prosecution. In some situations, the United States Department of Justice may pursue civil enforcement actions, require retroactive registration, or issue compliance warnings instead of filing criminal charges. Criminal cases typically involve allegations of willful misconduct, false statements, or intentional concealment.

What does “willful” mean in a FARA case?

Federal prosecutors must typically prove that you knowingly understood your legal obligation to register and intentionally failed to do so. Accidentally missing paperwork deadlines or misunderstanding complex regulations may not be enough for a criminal conviction.

Can I avoid charges by registering late?

Sometimes. Retroactive registration may help resolve certain cases before criminal charges are filed, but it does not automatically eliminate criminal exposure if prosecutors believe there was intentional concealment.

Can businesses be investigated for FARA violations?

Yes. Public relations firms, lobbying companies, consulting firms, nonprofits, law firms, and corporations can all face FARA investigations if they allegedly act on behalf of foreign principals without proper disclosures.

What agencies investigate FARA violations?

These investigations often involve the Federal Bureau of Investigation, the United States Department of Justice, the Internal Revenue Service, and, sometimes, intelligence agencies, depending on the allegations.

What if I relied on my attorney or compliance team?

Reliance on legal counsel or compliance professionals may help challenge allegations of willful misconduct. If you sought legal advice in good faith, that evidence may support your defense.

Can FARA charges involve political lobbying?

Yes. Political lobbying, media campaigns, public relations efforts, fundraising, and policy consulting on behalf of foreign principals may trigger registration requirements.

Can I go to prison for a FARA violation?

Potentially. Criminal penalties may include prison time, especially when prosecutors add charges involving false statements, obstruction, money laundering, or acting as an unregistered foreign government agent.

What happens if federal agents contact me?

Do not answer questions, destroy records, or attempt to explain your activities without legal counsel. Contact an experienced federal criminal defense attorney immediately.

How early should I hire a federal defense lawyer?

As early as possible. Many FARA investigations begin long before formal charges are filed, and early intervention may help prevent indictment, negotiate compliance solutions, and protect your reputation.

What Are Common Defense Strategies Against FARA Charges?

A strong defense strategy against FARA charges directly challenges the government's burden of proof, specifically focusing on the strict requirement that the failure to register was a willful and intentional act.

Because FARA is a highly technical regulatory statute, Eisner Gorin, LLP employs several distinct defenses available to defend your rights in court. Among them are the following:

• Arguing Lack of Willfulness: The cornerstone of most FARA prosecutions is the element of willfulness. Our defense strategy will show that you were genuinely unaware of the complex FARA registration requirements.
• Showing Reliance on Counsel: If you sought and followed legal advice regarding your disclosure obligations, this can also negate the element of willfulness. We will use this to establish that you attempted to comply with the law in good faith, rather than intentionally evading it.
• Applying Statutory Exemptions: FARA includes several specific exemptions. For example, your conduct may fall under the Lobbying Disclosure Act (LDA) exemption, which allows individuals lobbying for foreign commercial interests to register under the LDA instead of FARA. Other exemptions apply to bona fide commercial, religious, scholastic, or academic pursuits.
• Challenging the Agency Relationship: The government must prove that you were acting as an "agent." We can dismantle the prosecution's case by disputing that you were acting at the direct order, request, or control of a foreign principal.

Hypothetical Case Study

Let's look at a hypothetical scenario to illustrate how we approach FARA registration cases and the potential outcomes.

The Scenario

A well-known U.S. political consultant (let's call him "Dan") accepts a lucrative contract from a foreign environmental non-profit.

The objective of the contract is to educate U.S. lawmakers about global environmental policies and climate change initiatives. Dan doesn't register under FARA because his role is academic and not focused on influencing policy.

Shortly after the campaign begins, the DOJ opens an investigation, alleging that Dan is acting as an unregistered foreign agent because the non-profit receives indirect funding from a foreign government.

The prosecution prepares to file charges under 22 U.S.C. § 618(a)(1) and 18 U.S.C. § 951.

The Defense Strategy Implementation

• Challenging Evidence of Control: We immediately initiate an independent review of all communication records. By analyzing thousands of emails and meeting notes, we prove that the non-profit does not dictate specific lobbying targets or control the consultant's daily messaging. This negates the required "agency" relationship, demonstrating that Dan maintains independent discretion over the educational campaign.
• Establishing Exemption and Lack of Willfulness: We present internal memos showing that Dan has researched the law and genuinely believes the work qualifies for a scholastic and academic exemption under FARA. These documented, good-faith efforts to understand the law directly contradict the government's claim of intentional, willful evasion.

Case Outcome

By aggressively dismantling the evidentiary basis for both "willfulness" and the foreign government's actual control over the non-profit, we can weaken the prosecution's case.

Ultimately, we successfully negotiated a civil settlement that involved filing retroactive disclosures, thereby avoiding all criminal charges and protecting Dan's freedom and professional future.

Take Steps Now to Protect Your Interests and Your Freedom

Being accused of failing to register as a foreign agent is a more serious matter than it may appear at first glance.

Federal agents and prosecutors treat these violations seriously as they may affect national security, and they use an array of statutes to bring charges, any of which could result in significant prison time.

FARA registration defense cases can be highly complicated. Without experienced legal counsel in your corner, you run a higher risk of being convicted, losing your position, damaging your reputation, and potentially losing your freedom, as well.

At Eisner Gorin, LLP, we implement a team approach with cases like these, including a multi-lawyer review to ensure that no stone is left unturned and we have covered every possible angle related to your defense.

We can greatly improve your chances of avoiding prison time and protecting your standing. Schedule your consultation today. Our law firm is based in Los Angeles.

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