Dinesh D'Souza

Dinesh D'Souza
Born:	April 25, 1961 Mumbai, India
Charges:	Making illegal campaign contributions (one count)
Sentence:	5 years probation, 8 months community confinement, $30,000 fine
Facility:	Community confinement center, San Diego
Status:	Released / Pardoned

Dinesh Joseph D'Souza (born April 25, 1961) is an American author, filmmaker, and conservative political commentator. In 2014 he pleaded guilty in federal court to one count of making illegal campaign contributions. The charge stemmed from a straw-donor arrangement he used to push money into the 2012 U.S. Senate campaign of Wendy Long in New York. He recruited two associates to give $10,000 each to Long's campaign, then paid them back in cash. The total, $20,000, was four times the legal limit for a single individual.

U.S. District Judge Richard M. Berman sentenced him on September 23, 2014. The sentence was five years of probation. Eight months of that term were to be spent in a community confinement center rather than a federal prison. Berman also imposed a $30,000 fine, weekly community service, and counseling. D'Souza served no time in a traditional prison.

He argued during the case that he had been singled out for prosecution because of his political work. Judge Berman rejected that argument. On May 31, 2018, President Donald Trump granted D'Souza a full pardon. The White House said he had been a victim of selective prosecution.

Career

D'Souza was born on April 25, 1961, in Mumbai, India, then known as Bombay. He came to the United States as a teenager on a Rotary exchange program and later became a naturalized citizen.

He attended Dartmouth College and graduated in 1983. There he edited the Dartmouth Review, a conservative student paper. The publication drew national attention for its confrontations with the college administration. That work introduced him to conservative writers and editors and opened the door to a career in policy and media.

In the years after college, D'Souza worked as a policy analyst. He spent time at the American Enterprise Institute and served briefly in the Reagan administration. He wrote books on race, higher education, religion, and American politics. Several sold well. Several drew sharp criticism.

His public profile grew sharply in 2012. That year he released 2016: Obama's America, a documentary he co-directed with John Sullivan. The film argued that President Barack Obama's outlook had been shaped by an anti-colonial worldview. It came out during Obama's reelection campaign. Critics were divided on it. Audiences turned out. The film grossed more than $33 million, one of the largest box-office totals for a political documentary in the United States.

D'Souza followed it with other documentaries over the next decade, including Hillary's America in 2016 and 2000 Mules in 2022. He also continued to write and speak. For a period he served as president of The King's College, a Christian school in New York City. He resigned that post in 2012.

Campaign Finance Case

In 2012, Wendy Long ran as the Republican candidate for the U.S. Senate in New York. She challenged the incumbent Democrat, Kirsten Gillibrand. D'Souza knew Long from their student days at Dartmouth and wanted to support her run.

Federal law capped what one person could give to a single candidate. In 2012 the limit was $5,000 per election cycle. D'Souza wanted to give more than that.

So he used other people. In August 2012, he directed his assistant and a woman he was involved with to each contribute $10,000 to Long's campaign. He then reimbursed both of them in cash. The arrangement is known as a straw-donor scheme. On paper the money looked like it came from two separate donors. In fact it came from one. The structure hid the true source and pushed his total contribution to $20,000, well past the legal cap.

Federal authorities flagged the contributions during a review of campaign finance records. In January 2014, a grand jury in the Southern District of New York returned an indictment. It charged D'Souza with making illegal contributions through straw donors and with causing a false statement to be submitted to the Federal Election Commission.

D'Souza first pleaded not guilty. His lawyers moved to dismiss the case, arguing that he had been targeted for his political views and his criticism of Obama. Judge Berman held a hearing on the selective-prosecution claim. He found no evidence to support it and denied the motion.

On May 20, 2014, shortly before trial, D'Souza changed his plea. He pleaded guilty to a single count of making illegal campaign contributions in the names of others. At the plea hearing he admitted that he had asked two close associates to give $10,000 each to Long's campaign and that he had paid them back. He also said he knew the conduct was wrong and against the law.

Sentencing

Judge Berman sentenced D'Souza on September 23, 2014, in Manhattan federal court.

The sentence was five years of probation. The first eight months were to be served in a community confinement center, a type of supervised residence sometimes called a halfway house. It is not a prison. A person held there must sleep at the facility but can leave during the day for work and approved activities. Prosecutors had asked for time in prison. The judge declined to order it.

Along with the confinement term, Berman ordered D'Souza to perform community service one day a week throughout his probation, attend regular counseling, and pay a $30,000 fine.

Berman addressed the selective-prosecution claim directly at sentencing. He said it had no substance behind it and described it as "all hat, no cattle." He found no proof that D'Souza had been prosecuted because of his politics or his films.

D'Souza served his eight months at a community confinement center in San Diego. He reported there overnight and left during the day for work. He completed the community service and counseling required under his probation.

Pardon

On May 31, 2018, President Donald Trump announced a full pardon for D'Souza. Trump posted the news on Twitter that morning. He said D'Souza had been "treated very unfairly by our government."

The White House issued a written statement the same day. It said: "Mr. D'Souza was, in the President's opinion, a victim of selective prosecution for violations of campaign finance laws. Mr. D'Souza accepted responsibility for his actions, and also contested what he believed to be an unfair prosecution."

A pardon is different from a commutation. A commutation shortens a sentence but leaves the conviction on the record. A pardon erases the conviction and restores the rights that came with it. D'Souza had already completed his sentence by the time of the pardon. The action cleared his federal record.

The pardon drew responses from both sides. Preet Bharara, the former U.S. Attorney whose office prosecuted the case, said the matter had been handled in the ordinary course and noted that D'Souza had pleaded guilty and that the judge had rejected the selective-prosecution claim after a hearing. Then-New York Attorney General Barbara Underwood criticized the pardon in a public statement. Supporters of the pardon said D'Souza had been treated more harshly than other people accused of similar conduct, some of whom faced civil penalties rather than criminal charges.

After the pardon, D'Souza continued to write, speak, and produce films. He has referred to the case and the pardon in his later work. In 2022 he released 2000 Mules. The film made claims about the 2020 election that were widely disputed, and its distributor later removed it from circulation and apologized to a man featured in it.

Frequently Asked Questions

Q: What did Dinesh D'Souza do?

D'Souza pleaded guilty in 2014 to making illegal campaign contributions. He gave money to the 2012 U.S. Senate campaign of Wendy Long beyond the legal limit by recruiting two associates to each donate $10,000 and then reimbursing them in cash. The arrangement, known as a straw-donor scheme, brought his total contribution to $20,000, four times the $5,000 cap then in effect for a single individual.

Q: Did Dinesh D'Souza go to prison?

No. He did not serve time in a federal prison. On September 23, 2014, Judge Richard M. Berman sentenced him to five years of probation, with the first eight months in a community confinement center in San Diego. A community confinement center is a supervised residence, sometimes called a halfway house, where a person sleeps overnight but may leave during the day for work. Prosecutors asked for prison time, and the judge declined.

Q: How long was Dinesh D'Souza's sentence?

Five years of probation. Eight months of that term were spent in a community confinement center. The sentence also included a $30,000 fine, community service one day a week, and regular counseling.

Q: Was Dinesh D'Souza pardoned?

Yes. President Donald Trump granted him a full pardon on May 31, 2018. The White House said D'Souza was, in the President's opinion, a victim of selective prosecution. The pardon cleared his federal conviction, which he had already finished serving.

Q: Did the judge say the prosecution was political?

No. D'Souza argued he had been singled out for his political views and his criticism of President Obama. Judge Berman held a hearing on the claim and rejected it, finding no supporting evidence. At sentencing he described the argument as "all hat, no cattle." D'Souza had admitted in his guilty plea that he knew his conduct was against the law.

Q: What is Dinesh D'Souza known for?

He is an author, filmmaker, and conservative political commentator. His documentaries include 2016: Obama's America, which grossed more than $33 million, along with Hillary's America and 2000 Mules. He has also written several books and once served as president of The King's College in New York City.