U.S. Code » Title 26 » Subtitle Subtitle H— Financing of Presidential Election Campaigns › Chapter CHAPTER 96— PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

26 U.S.C. § 9042

Criminal penalties

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(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.(Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1302.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.

Notes of Decisions
Cited in 5 cases, 1977–1993 · leading case: Le Roy B. Jones v. Unknown Agents of the Federal Election Commission
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Le Roy B. Jones v. Unknown Agents of the Federal Election Commission (1979) cadc · cites it 3× “Nor need we pause long on appellants’ statutory claim that the Commission is without authority to conduct field interviews of individual contributors in connection with an investigation into whether a candidate’s principal campaign committee *871 has violated 26 U.S.C. § 9042…”
United States v. Jackson (1977) nywd · cites it 10× “Defendant was charged in a two count indictment with violating 26 U.S.C. § 9042 (c). Count I of the indictment charges: “That on or about the 6th day of March, 1976, in the Western District of New York, DONALD L.”
Kennedy for President Committee and Edward M. Kennedy v. Federal Election Commission (1984) cadc · cites it 2× “§ 437g; 26 U.S.C. § 9042 ; see also Reagan Bush Committee v.”
Spannaus v. Federal Election Commission (1986) nysd “§ 434 (b)(2) and (3) and 26 U.S.C. § 9042 (c), the Commission requested information from contributors to TLC.”
Lyndon H. Larouche and Democrats for Economic Recovery-Larouche in 92 v. Federal Election Commission (1993) cadc “§ 437g Congress has expressly granted the Commission post-certification authority to initiate civil and criminal actions and investigations to enforce the provisions of the Act when apprised of past or ongoing violations. He suggests we may infer from those express provisions an…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.