According to an indictment made public Thursday, D'Souza is accused of contributing $20,000 to a political campaign in 2012, even though the legal limit is $5,000. D'Souza allegedly promised to reimburse others if they would contribute to a candidate widely believed to be Wendy Long of New York. Long, a Republican, ran unsuccessfully against Democrat Kirsten Gillibrand in 2012 for New York's U.S. Senate seat.

D'Souza's lawyer has said his client "at worst" was guilty of an act of misguided friendship.

Some, including Molen, believe the indictment is political payback for D'Souza's film, which was critical of President Barack Obama. Among other things, it raised questions about whether Obama had embraced the anti-colonial philosophy of his father and said his future actions could be predicted based on that philosophy.