The U.S. Department of Justice today announced the arrest of an alleged agent of the Iranian government, who has been charged with violating the Foreign Agents Registration Act (“FARA”).  The defendant is an Iranian political scientist, living in the United States as a permanent resident.  The Justice Department alleges that for years he has engaged in advocacy activities in the United States on behalf of the Iranian government, and that he has been paid approximately $265,000 for those services.  The advocacy allegedly included lobbying Members of Congress and the State Department, making television appearances, and writing articles.  The defendant is also alleged to have served as an advisor to the Iranian government.  The case was investigated by the U.S. Attorney’s Office for the Eastern District of New York, along with the FBI field offices in New York and Boston, reflecting the increasing involvement of U.S. Attorneys’ Offices and FBI field offices across the country in FARA investigations.

According to the Justice Department, the defendant emailed Iran’s Foreign Minister in July 2020 with links to his articles “in international newspapers and academic journals,” noting that “without support none of this would have been possible!  This has been a very productive relationship spanning decades that ought not to be interrupted.”  The Department also alleged that it has evidence reflecting the defendant’s awareness of his obligations under FARA, which is relevant to meeting the Department’s burden of proof that the defendant “willfully” violated FARA, which is a criminal statute.

This case reflects the continuing stream of prosecutions related to FARA, particularly with respect to what might be considered core FARA cases that involve paid advocacy for foreign governments.  The arrest and unsealing of the criminal complaint in the new FARA case was announced today by John Demers, the outgoing Assistant Attorney General for the National Security Division, one day before the end of the Trump Administration.  In March 2019, Demers announced a FARA enforcement initiative, including the appointment of a criminal prosecutor to head the Department’s FARA Unit.

Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads …

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

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