I.R.C. § 9042(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.
I.R.C. § 9042(b) Unlawful Use Of Payments
I.R.C. § 9042(b)(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—
I.R.C. § 9042(b)(1)(A) —
to defray qualified campaign expenses, or
I.R.C. § 9042(b)(1)(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.
I.R.C. § 9042(b)(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.
I.R.C. § 9042(c) False Statements, Etc.
I.R.C. § 9042(c)(1) —
It is unlawful for any person knowingly and willfully—
I.R.C. § 9042(c)(1)(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
I.R.C. § 9042(c)(1)(B) —
to fail to furnish to the Commission any records, books, or information requested
by it for purposes of this chapter.
I.R.C. § 9042(c)(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.
I.R.C. § 9042(d) Kickbacks And Illegal Payments
I.R.C. § 9042(d)(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.
I.R.C. § 9042(d)(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.
I.R.C. § 9042(d)(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.)
