Even temporary diversion can give rise to criminal prosecution.
See, e.g., United States v. Taff, 400 F. Supp. 2d 1270 (D. Kan. 2005)
(rejecting motion to dismiss indictment charging Section 30114 (then
2 U.S.C. § 439a) based on candidate’s temporary use of campaign
funds for house closing).
Further, although the statute is limited to funds contributed to
federal candidates and their authorized committees, conversion of
contributions to other political committees can be addressed under
Title 18 fraud statutes. Conduct in violation of Section 30114 can also
be prosecuted under the false statements statute, 18 U.S.C. § 1001, for
willfully causing another to submit false information to the FEC
regarding the existence or use of the funds, and the false records
statute, 18 U.S.C. § 1519.
4. 52 U.S.C. §§ 30102, 30103, and 30104: Organization,
Recordkeeping, and Reporting Requirements
In brief, FECA requires federal candidates and political
committees to file with the FEC a statement of organization and
periodic reports of receipts and disbursements. 52 U.S.C. §§ 30103,
30104. The reports are made available to the public, and must identify,
among other things, persons contributing over $200 in a calendar year.
52 U.S.C. § 30104(b)(3)(A). The Act also requires that persons
making independent expenditures (as distinct from contributions)
in excess of $250 to elect or to defeat a federal candidate must
file reports with the FEC. 52 U.S.C. § 30104(c). This requirement
applies even to those persons or entities that are not required to register
as political committees under the statute.
Most campaign records must be maintained for three years,
including records reflecting the identity of all contributors giving in
excess of $50. 52 U.S.C. § 30102(c) & (d). In addition, persons who
collect, receive, or otherwise handle contributions to a political
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