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). 129

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