§ 1714. — Investigations, injunctions, and prosecution of offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1714]
TITLE 15--COMMERCE AND TRADE
CHAPTER 42--INTERSTATE LAND SALES
Sec. 1714. Investigations, injunctions, and prosecution of
offenses
(a) Permanent or temporary injunction or restraining order; jurisdiction
Whenever it shall appear to the Secretary that any person is engaged
or about to engage in any acts or practices which constitute or will
constitute a violation of the provisions of this chapter, or of any rule
or regulation prescribed pursuant thereto, he may, in his discretion,
bring an action in any district court of the United States, or the
United States District Court for the District of Columbia to enjoin such
acts or practices, and, upon a proper showing, a permanent or temporary
injunction or restraining order shall be granted without bond. The
Secretary may transmit such evidence as may be available concerning such
acts or practices to the Attorney General who may, in his discretion,
institute the appropriate criminal proceedings under this chapter.
(b) Investigations; publication of information concerning violations
The Secretary may, in his discretion, make such investigations as he
deems necessary to determine whether any person has violated or is about
to violate any provision of this chapter or any rule or regulation
prescribed pursuant thereto, and may require or permit any person to
file with him a statement in writing, under oath or otherwise as the
Secretary shall determine, as to all the facts and circumstances
concerning the matter to be investigated. The Secretary is authorized,
in his discretion, to publish information concerning any such
violations, and to investigate any facts, conditions, practices, or
matters which he may deem necessary or proper to aid in the enforcement
of the provisions of this chapter, in the prescribing of rules and
regulations thereunder, or in securing information to serve as a basis
for recommending further legislation concerning the matters to which
this chapter relates.
(c) Oaths and affirmations; subpena power
For the purpose of any such investigation, or any other proceeding
under this chapter; the Secretary, or any officer designated by him, is
empowered to administer oaths and affirmations, subpena witnesses,
compel their attendance, take evidence, and require the production of
any books, papers, correspondence, memorandums, or other records which
the Secretary deems relevant or material to the inquiry. Such attendance
of witnesses and the production of any such records may be required from
any place in the United States or any State at any designated place of
hearing.
(d) Contempt; court order requiring attendance and testimony of
witnesses; jurisdiction
In case of contumacy by, or refusal to obey a subpena issued to, any
person, the Secretary may invoke the aid of any court of the United
States within the jurisdiction of which such investigation or proceeding
is carried on, or where such person resides or carries on business, in
requiring the attendance and testimony of witnesses and the production
of books, papers, correspondence, memorandums, and other records and
documents. And such court may issue an order requiring such person to
appear before the Secretary or any officer designated by the Secretary,
there to produce records, if so ordered, or to give testimony touching
the matter under investigation or in question; and any failure to obey
such order of the court may be punished by such court as a contempt
thereof. All process in any such case may be served in the judicial
district whereof such person is an inhabitant or wherever he may be
found.
(Pub. L. 90-448, title XIV, Sec. 1415, Aug. 1, 1968, 82 Stat. 596; Pub.
L. 91-452, title II, Sec. 220, Oct. 15, 1970, 84 Stat. 929.)
Amendments
1970--Subsec. (e). Pub. L. 91-452 struck out subsec. (e) which
related to the immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
Effective Date of 1970 Amendment
For effective date of amendment by Pub. L. 91-452, and for amendment
not to affect any immunity to which any individual is entitled under
this section by reason of any testimony given before sixtieth day
following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as
an Effective Date; Savings Provision note under section 6001 of Title
18, Crimes and Criminal Procedure.
