Background
The Federal Corrupt Practices Act (FCPA) as amended in 1925 required political election committees to keep a detailed account of all contributions made to or by the committee. The treasurer of the committee must then file the accounts with the clerk of the United States House of Representatives.
James Cannon Jr. was the chairman, and Ada L. Burroughs the treasurer, of a political election committee from July 22, 1928, to March 16, 1929. During that time, the committee accepted contributions and made expenditures to influence the election of presidential and vice presidential electors in two states. They agreed that they would not file the requisite reports. Cannon, a powerful lobbyist, was investigated by Congress, and found in violation of the FCPA.
A grand jury returned an indictment with 11 counts against Burroughs and Cannon. The first eight counts alleged a substantive violation of the Act, but poorly described the crimes. A ninth count against Burroughs more specifically alleged a violation of the Act. A tenth count made a conspiracy charge against Cannon based on the ninth charge.
Cannon and Burroughs claimed that each count of the indictment failed to allege an offense under the FCPA, and that the FCPA violated Article II, Section 1 of the United States Constitution
The district court found all 11 counts of the indictment to be imperfect, rendering judgment on the constitutional violation moot. The court of appeals reversed, finding that the ninth count was specific enough to charge Burroughs with conspiracy. The incorporation by reference of the ninth count by the other counts was sufficient to perfect the remaining counts. It also ruled that the FCPA was not unconstitutional. The defendants appealed to the Supreme Court.
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