Internal Revenue Code:Sec. 9042. Criminal penalties

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle H - Financing of Presidential Election Campaigns
       CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
     

Statute

    Sec. 9042. Criminal penalties
 
    (a) Excess campaign expenses
      Any person who violates the provisions of section 9035 shall be
    fined not more than $25,000, or imprisoned not more than 5 years,
    or both.  Any officer or member of any political committee who
    knowingly consents to any expenditure in violation of the
    provisions of section 9035 shall be fined not more than $25,000, or
    imprisoned not more than 5 years, or both.
    (b) Unlawful use of payments
      (1) It is unlawful for any person who receives any payment under
    section 9037, or to whom any portion of any such payment is
    transferred, knowingly and willfully to use, or authorize the use
    of, such payment or such portion for any purpose other than -
        (A) to defray qualified campaign expenses, or
        (B) to repay loans the proceeds of which were used, or
      otherwise to restore funds (other than contributions to defray
      qualified campaign expenses which were received and expended)
      which were used, to defray qualified campaign expenses.
      (2) Any person who violates the provisions of paragraph (1) shall
    be fined not more than $10,000, or imprisoned not more than 5
    years, or both.
    (c) False statements, etc.
      (1) It is unlawful for any person knowingly and willfully -
        (A) to furnish any false, fictitious, or fraudulent evidence,
      books, or information to the Commission under this chapter, or to
      include in any evidence, books, or information so furnished any
      misrepresentation of a material fact, or to falsify or conceal
      any evidence, books, or information relevant to a certification
      by the Commission or an examination and audit by the Commission
      under this chapter, or
        (B) to fail to furnish to the Commission any records, books, or
      information requested by it for purposes of this chapter.
      (2) Any person who violates the provisions of paragraph (1) shall
    be fined not more than $10,000, or imprisoned not more than 5
    years, or both.
    (d) Kickbacks and illegal payments
      (1) It is unlawful for any person knowingly and willfully to give
    or accept any kickback or any illegal payment in connection with
    any qualified campaign expense of a candidate, or his authorized
    committees, who receives payments under section 9037.
      (2) Any person who violates the provisions of paragraph (1) shall
    be fined not more than $10,000, or imprisoned not more than 5
    years, or both.
      (3) In addition to the penalty provided by paragraph (2), any
    person who accepts any kickback or illegal payment in connection
    with any qualified campaign expense of a candidate or his
    authorized committees shall pay to the Secretary for deposit in the
    matching payment account, an amount equal to 125 percent of the
    kickback or payment received.
 

Sources

    (Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88
    Stat. 1302.)