12 U.S.C. § 4641 — Subpoena authority
submitted 34 years ago by Pub. L. 102-550 to r/title-12-BANKS-AND-BANKING · 395 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
In the course of or in connection with any proceeding, examination, or investigation under this chapter, the Director* or any designated representative thereof, including any person* designated to conduct any hearing under this subchapter shall have the authority—
to administer oaths and affirmations;
to take and preserve testimony under oath;
to issue subpoenas and subpoenas duces tecum; and
to revoke, quash, or modify subpoenas and subpoenas duces tecum.
The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State* or in any territory or other place subject to the jurisdiction of the United States at any designated place where such proceeding is being conducted.
The Director, or any party to proceedings under this subchapter, may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district of the United States in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section.
The courts described under paragraph (1) shall have the jurisdiction and power to order and require compliance with any subpoena issued under paragraph (1).
Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an regulated entity* enterprise*-affiliated party 1 may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the regulated entity or from its assets.
A person shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than 1 year, or both, if that person willfully fails or refuses, in disobedience of a subpoena issued under subsection (c), to—
attend court;
testify in court;
answer any lawful inquiry; or
produce books, papers, correspondence, contracts, agreements, or such other records as requested in the subpoena.
Source credit: (Pub. L. 102–550, title XIII, § 1379D, formerly § 1379B, Oct. 28, 1992, 106 Stat. 3994; renumbered § 1379D and amended Pub. L. 110–289, div. A, title I, §§ 1153(a)(1), 1156(b)(4), 1158, July 30, 2008, 122 Stat. 2770, 2777, 2778.)
- 1992Enacted · Pub. L. 102-550 · 106 Stat. 3994
- 2008Amended · Pub. L. 110-289 · 122 Stat. 2770, 2777, 2778
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-550 on 1992-10-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case