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Top DOJ prosecutor faces own charges

The top-ranked Justice Department prosecutor in the Microsoft antitrust trial reportedly is on the hot seat himself.

The top ranked Justice Department prosecutor in the Microsoft antitrust trial is on the hot seat himself, according to a report.

The Federal Election Commission is investigating Microsoft's day in court a charge that the Justice Department's David Boies violated campaign finance lawd. Boies is accused of allegedly asking friends in Florida to contribute $1,000 each toward the 1996 election campaign of Rep. Jane Harman (D-Florida). Many of those who contributed then allegedly were reimbursed by one of Boies's former clients and business associates, the Wall Street Journal reported.

The charges were filed by Boies's opponents, but he has reportedly told the FEC that he did not refund contributions to any donors. The Journal reported that the FEC has no evidence that Boies did reimburse donors and the investigations remain open.

"We discussed the allegations and he assured us they are completely without merit," said Gina Talamona, a DOJ spokeswoman. "He's a brilliant lawyer and it's not going to affect our case at all."

Campaign-finance records indicated that Harman's campaign received a half-dozen $1,000 checks on May 23--and one from Boies. The investigation found that at least one check was returned by the campaign after the FEC probe began, according to the Journal.

One campaign contributor agreed to settle and pay a fine, the Journal reported.

Boies is continuing his duties in the Microsoft trial.