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15 U.S.C. § 77vJurisdiction of offenses and suits

submitted 93 years ago by ch. 38 to r/title-15-COMMERCE-AND-TRADE · 527 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal courts handle offenses under this subchapter and share power with state courts over most enforcement suits. A lawsuit may be filed where the defendant is found, lives, does business, or where the sale happened. Federal courts can also reach fraud with steps taken in, or effects felt in, the United States.

(a) Court jurisdiction, venue, and process. Federal district courts (and territorial courts) have jurisdiction over offenses and violations of this subchapter and its rules. For civil suits to enforce a liability or duty created by this subchapter, federal courts share jurisdiction with state and territorial courts — except as section 77p provides for "covered class actions." A suit can be filed where the defendant is found, lives, or does business, or where the offer or sale took place if the defendant took part in it; process can be served wherever else the defendant is found. In an SEC-brought case, a subpoena for a witness or documents can be served anywhere in the U.S., and a specific limit in the Federal Rules of Civil Procedure (Rule 45(c)(3)(A)(ii)) doesn't apply to it. Judgments can be reviewed under specific federal appeals statutes. Except as section 77p(c) allows, a case under this subchapter filed in state court can't be moved (removed) to federal court. No court costs are charged for or against the SEC in Supreme Court or other proceedings under this subchapter. (b) Refusing to obey a subpoena. If someone refuses to comply with an SEC subpoena, the SEC can ask a federal court where that person is found or lives to order them to appear before the SEC (or its examiner) and produce evidence or testify. Disobeying that court order can be punished as contempt of court. (c) Extraterritorial jurisdiction. Federal courts have jurisdiction over SEC or U.S. government cases alleging a violation of section 77q(a) (the antifraud provision) that involves either: (1) conduct inside the U.S. that is a significant step toward the violation, even if the actual securities transaction happens abroad and involves only foreign investors; or (2) conduct outside the U.S. that has a foreseeable, substantial effect inside the U.S.
the actual law source: uscode.house.gov ↗public domain
(a) Federal and State courts; venue; service of process; review; removal; costs

The district courts of the United States and the United States courts of any Territory shall have jurisdiction of offenses and violations under this subchapter and under the rules and regulations promulgated by the Commission in respect thereto, and, concurrent with State and Territorial courts, except as provided in section 77p of this title with respect to covered class actions, of all suits in equity and actions at law brought to enforce any liability or duty created by this subchapter. Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. In any action or proceeding instituted by the Commission under this subchapter in a United States district court for any judicial district, a subpoena issued to compel the attendance of a witness or the production of documents or tangible things (or both) at a hearing or trial may be served at any place within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure shall not apply to a subpoena issued under the preceding sentence. Judgments and decrees so rendered shall be subject to review as provided in sections 1254, 1291, 1292, and 1294 of title 28. Except as provided in section 77p(c) of this title, no case arising under this subchapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States. No costs shall be assessed for or against the Commission in any proceeding under this subchapter brought by or against it in the Supreme Court or such other courts.

(b) Contumacy or refusal to obey subpena; contempt

In case of contumacy or refusal to obey a subpena issued to any person, any of the said United States courts, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides, upon application by the Commission may issue to such person an order requiring such person to appear before the Commission, or one of its examiners designated by it, there to produce documentary evidence if so ordered, or there to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(c) Extraterritorial jurisdiction

The district courts of the United States and the United States courts of any Territory shall have jurisdiction of an action or proceeding brought or instituted by the Commission or the United States alleging a violation of section 77q(a) of this title involving—

(1)

conduct within the United States that constitutes significant steps in furtherance of the violation, even if the securities transaction occurs outside the United States and involves only foreign investors; or

(2)

conduct occurring outside the United States that has a foreseeable substantial effect within the United States.

Source credit: (May 27, 1933, ch. 38, title I, § 22, 48 Stat. 86; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Aug. 10, 1954, ch. 667, title I, § 11, 68 Stat. 686; Pub. L. 91–452, title II, § 213, Oct. 15, 1970, 84 Stat. 929; Pub. L. 100–181, title II, § 209, Dec. 4, 1987, 101 Stat. 1253; Pub. L. 105–353, title I, § 101(a)(3), Nov. 3, 1998, 112 Stat. 3230; Pub. L. 111–203, title IX, §§ 929E(a), 929P(b)(1), July 21, 2010, 124 Stat. 1853, 1864.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 27, 1933, ch. 38 · 48 Stat. 86
  • 1936Amended · Act of June 25, 1936, ch. 804 · 49 Stat. 1921
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 1954Amended · Act of Aug. 10, 1954, ch. 667 · 68 Stat. 686
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 929
  • 1987Amended · Pub. L. 100-181 · 101 Stat. 1253
  • 1998Amended · Pub. L. 105-353 · 112 Stat. 3230
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1853, 1864

A history note hasn’t been published yet. The record shows enactment by ch. 38 on 1933-05-27.

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