committee from other persons are required to forward those
contributions to the committee’s treasurer within ten days, along with
the name and address of any person who contributed over $50 to the
candidate. 52 U.S.C. § 30102(b).
ENFORCEMENT
1. Three Types of Enforcement
Federal campaign financing violations are subject to three
types of enforcement:
i) Criminal prosecution by the Justice Department as
felonies, either under FECA; under other federal criminal
statutes addressing frauds and false statements, such as 18
U.S.C. §§ 371, 1001, 1341, 1343, and 1519; or under Title
26 statutes if the matter involves a publicly funded
presidential campaign;
ii) Criminal prosecution by the Justice Department as FECA
misdemeanors if the amount of the violation does not
reach the felony threshold; and
iii) Civil enforcement proceedings by the FEC.
FECA creates a statutory dichotomy between non-willful
violations involving any amount, and willful violations involving
$2,000 or more within a calendar year. The former are expressly
subject to the exclusive civil jurisdiction of the FEC. 52 U.S.C.
§§ 30109(a), 30107(e). The latter are subject to both civil enforcement
proceedings by the FEC and criminal prosecution by the Justice
Department. 52 U.S.C. § 30109(a)(5)(B) & (C) & (d). In addition, the
Commission has statutory authority to interpret the statute through
regulations and advisory opinions, and its opinion should be given
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