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Elliott Broidy Guilty Plea: Top Trump Fundraiser Acted as Unregistered Foreign Agent for Chinese and Malaysian Interests

Tier 1Resolved via Pardon2017-03-01 to 2021-01-20

Factual Summary

Elliott Broidy, a top Republican fundraiser and former deputy finance chairman of the Republican National Committee, pleaded guilty on October 20, 2020, to a federal charge of conspiring to act as an unregistered foreign agent while lobbying the Trump administration on behalf of Chinese and Malaysian interests. Broidy was one of three deputy finance chairs of the RNC during Trump's presidency, alongside Michael Cohen and Louis DeJoy, and served as a prominent fundraiser for Trump's 2016 and 2020 campaigns. Between March 2017 and January 2018, Broidy accepted approximately $9 million from Malaysian fugitive financier Jho Low, an alleged architect of the 1Malaysia Development Berhad (1MDB) fraud, one of the largest financial scandals in history involving the embezzlement of billions of dollars from a Malaysian sovereign wealth fund. In exchange for the payments, Broidy lobbied President Trump, Attorney General Jeff Sessions, and other senior officials to drop the Department of Justice's civil forfeiture proceedings and related criminal investigations into 1MDB. Broidy stood to earn as much as $75 million if he succeeded in getting the U.S. government to abandon its probe. Separately, in May 2017, Jho Low introduced Broidy to a Chinese state minister. Broidy then lobbied the Trump administration and DOJ on behalf of the People's Republic of China to arrange for the removal and return of Guo Wengui, a prominent Chinese dissident businessman living in exile in the United States. Broidy's lobbying on behalf of a foreign government to facilitate the extradition of a political dissident raised serious concerns about the intersection of foreign influence and access to the Trump administration. As part of his plea agreement, Broidy agreed to forfeit $6.6 million and faced a potential prison sentence of up to five years. On January 19, 2021, his final full day in office, President Trump pardoned Broidy before sentencing occurred.

Primary Sources

1. Criminal Information, United States v. Elliott Broidy, No. 1:20-cr-00239 (D.D.C. Oct. 20, 2020) 2. Plea Agreement, United States v. Elliott Broidy, No. 1:20-cr-00239 (D.D.C. Oct. 20, 2020) 3. Department of Justice Press Release: "Elliott Broidy Pleads Guilty for Back-Channel Lobbying Campaign to Drop 1MDB Investigation and Remove a Chinese Foreign National," October 20, 2020 4. White House Statement on Presidential Pardons and Commutations, January 19, 2021

Corroborating Sources

1. CNBC: "GOP fundraiser Elliott Broidy charged with lobbying violation tied to Trump administration," October 8, 2020 2. Al Jazeera: "Former Trump fundraiser charged with illicit 1MDB, China lobbying," October 9, 2020 3. The Hill: "Ex-RNC fundraiser pleads guilty to foreign lobbying charge," October 20, 2020 4. Axios: "Trump pardons former GOP fundraiser Elliott Broidy," January 20, 2021 5. Washington Post: "Elliott Broidy says he got millions to illegally lobby Trump administration," April 4, 2023

Counterarguments and Context

Broidy's defenders noted that he cooperated with prosecutors and entered a guilty plea rather than going to trial. Some argued that the pardon was appropriate because Broidy had accepted responsibility for his actions. Broidy himself characterized his conduct as a misjudgment in navigating complex business relationships rather than a deliberate effort to undermine U.S. policy. However, the conduct to which Broidy pleaded guilty involved secretly lobbying the president and attorney general on behalf of a fugitive financier accused of stealing billions, while simultaneously working to facilitate the return of a political dissident to an authoritarian government. The pardon, issued on Trump's final day in office, eliminated the possibility of a prison sentence for a fundraiser who had raised millions for Trump's campaigns and the Republican Party. Broidy was one of three RNC deputy finance chairs associated with criminal conduct during the Trump era, alongside Michael Cohen, who pleaded guilty to campaign finance violations, and Steve Wynn, who was later charged with acting as an unregistered foreign agent for China.

Author's Note

This entry is classified as Tier 1 because Broidy pleaded guilty in federal court to a conspiracy charge, establishing the conviction as an adjudicated legal fact. The subsequent presidential pardon does not erase the underlying guilty plea. The case is significant because Broidy's position as a top Trump fundraiser and RNC official gave him direct access to the president and senior administration officials, and because the lobbying campaign sought to interfere with DOJ law enforcement actions on behalf of foreign principals. The pardon of a fundraiser who used his access to lobby illegally on behalf of foreign governments raises questions about the relationship between political fundraising, access, and the pardon power.