The District’s office of campaign finance has taken the unusual step of referring to the board of elections a complaint against Council Chairman Kwame Brown’s 2008 campaign because the complaint raises questions about potential criminal activity.

The finance office can’t refer potential criminal activity to the U.S. Attorney’s Office. But the board of elections can after holding a hearing on the complaint to determine whether there’s evidence that a campaign intentionally violated the law. If the board determines the campaign might have intentionally violated the law, it can send the accusations to the U.S. Attorney’s office.