STATUTES
1. Introduction
This section will present a discussion of those substantive
provisions of FECA that are of most interest to federal prosecutors and
investigators. We do not attempt to present a thorough discussion of
the entire Act, or of all issues that might arise under it. The Justice
Department’s criminal jurisdiction is, for the most part, limited to
violations that are committed “knowingly and willfully,” that is, by
subjects who knew their conduct was unlawful, even if they are
unaware of which statute they were violating and what that statute
required. See 52 U.S.C. § 30109(d)(1).
In view of the above considerations, the discussion that
follows is confined to those substantive provisions of FECA that are
fairly clear, generally well-known, and enforceable through the Act’s
criminal penalties.
2. Substantive Statutes
(a) 52 U.S.C. § 30116: Limitations on contributions
and expenditures
Section 30116 sets quantitative limits on the amounts
individuals, political committees, and other entities may contribute to
federal candidates and political committees. 52 U.S.C. § 30116(a). It
also limits expenditures by party committees and presidential
candidates who accept federal funding. 52 U.S.C. § 30116(b) & (d).
Generally, cases prosecuted under Section 30116 involve excessive
contributions that are effected either surreptitiously (such as through
conduits), or in the furtherance of some other felonious objective
(such as a bribe that is disguised as a contribution to a candidate).
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