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In and Out scandal

The "In and Out" scandal was a Canadian political scandal involving improper election spending on the part of the Conservative Party of Canada during the closely contested 2006 federal election. Parliamentary hearings into the issue led to a deadlocking of various committees, and then to the snap election in 2008. On 6 March 2012, charges were dropped as part of a plea deal in which the Conservative Party of Canada and its fundraising arm pleaded guilty to exceeding election spending limits and submitting fraudulent election records, and agreed to repay $230,198.00 for its role in violating Canadian election spending laws.

The basic "in and out" scheme involves transfers of money between different levels or organizations within a political party. Elections Canada places strict limits on campaign budgets in order to provide an even playing field between the parties. They also at the time directly funded political activity through per-vote financing, as well as reimbursing a major amount of campaign expenses for any riding where the candidate wins over a certain percentage of the votes. In recent elections, the per-vote payout has been around $2, while between 50 and 60% of campaign expenses are re-paid if the candidate wins over 10 to 15% of the riding.

It is the second of these two funding sources that is used in the in-and-out scheme. In the 2000 federal elections the Bloc Québécois organized a system to inflate apparent campaign spending at the riding level, and thereby receive much higher refunds from Elections Canada. The Bloc organized "La Méthode In & Out" prior to the elections, having each candidate agree to certain spending numbers in order to inflate the overall cash flows. In exchange, Bloc leader Gilles Duceppe would sign their nomination papers, a requirement for running as a party candidate in the election.

Large amounts of cash were transferred from the party organization to the individual riding associations that are in charge of running one candidate's election campaign. The money was then distributed to the volunteers as payments for various expenses. The volunteers then donated that money back to the party. On the surface it appeared that the ridings were spending much larger amounts of money than normal, enough to drain the party war chest. In fact, a considerable portion of the money was being returned directly to the party's coffers.

Under normal circumstances the money received by the volunteers would be subject to income tax and therefore the scheme would be unattractive to them. But because the money was then spent on political donations, it could be written off. The only cost to the volunteer was time in filling out their tax forms - something they were giving up anyway as a volunteer for the party.

The scheme may have remained unknown if not for a court case against former Bloc MP, Jean-Paul Marchand. Marchand agreed to spend $66,000 as part of the in and out scheme, but spent only $22,276. The Bloc sued Marchand, saying he had broken his contract and owed them $36,362. A Quebec judge agreed with the Bloc, but lowered the amount to $16,362. When the story broke in 2003 as a result of the court case, the ruling Liberal Party immediately started to implement changes to the election law to stop this process. However, these changes were not implemented before the party lost power in 2006.

The current scandal, to which the term "in and out" now largely applies, refers to a scheme implemented by the Conservative Party in the 2006 election, the election that prevented passage of the bill outlawing the practice.

In this case of "in and out", it is held that the scheme was not only intended as a method of gaining additional income, but also as a way to avoid limitations on campaign spending at the national level. Having reached their $18.3 million campaign spending limit, the party transferred $1.3 million to 67 riding offices that had not yet reached their own local campaign limits, which varied but were around $80,000. The ridings then returned the money to the party, stating that it was being used to purchase advertising. The ads in question were identical to the party's national ads with the exception of a "paid for by..." message in small print that was added to the end of the ad in post-production.

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