§ 6309. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6309]
TITLE 15--COMMERCE AND TRADE
CHAPTER 89--PROFESSIONAL BOXING SAFETY
Sec. 6309. Enforcement
(a) Injunctions
Whenever the Attorney General of the United States has reasonable
cause to believe that a person is engaged in a violation of this
chapter, the Attorney General may bring a civil action in the
appropriate district court of the United States requesting such relief,
including a permanent or temporary injunction, restraining order, or
other order, against the person, as the Attorney General determines to
be necessary to restrain the person from continuing to engage in,
sanction, promote, or otherwise participate in a professional boxing
match in violation of this chapter.
(b) Criminal penalties
(1) Managers, promoters, matchmakers, and licensees
Any manager, promoter, matchmaker, and licensee who knowingly
violates, or coerces or causes any other person to violate, any
provision of this chapter, other than section 6307a(b),\1\ 6307b,
6307c, 6307d, 6307e, 6307f, or 6307h of this title, shall, upon
conviction, be imprisoned for not more than 1 year or fined not more
than $20,000, or both.
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\1\ So in original. Section 6307a does not contain a subsec. (b).
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(2) Violation of antiexploitation, sanctioning organization,
or disclosure provisions
Any person who knowingly violates any provision of section
6307a(b),\1\ 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this
title shall, upon conviction, be imprisoned for not more than 1 year
or fined not more than--
(A) $100,000; and
(B) if a violation occurs in connection with a professional
boxing match the gross revenues for which exceed $2,000,000, an
additional amount which bears the same ratio to $100,000 as the
amount of such revenues compared to $2,000,000, or both.
(3) Conflict of interest
Any member or employee of a boxing commission, any person who
administers or enforces State boxing laws, and any member of the
Association of Boxing Commissions who knowingly violates section
6308(a) of this title shall, upon conviction, be imprisoned for not
more than 1 year or fined not more than $20,000, or both.
(4) Boxers
Any boxer who knowingly violates any provision of this chapter
shall, upon conviction, be fined not more than $1,000.
(c) Actions by States
Whenever the chief law enforcement officer of any State has reason
to believe that a person or organization is engaging in practices which
violate any requirement of this chapter, the State, as parens patriae,
may bring a civil action on behalf of its residents in an appropriate
district court of the United States--
(1) to enjoin the holding of any professional boxing match which
the practice involves;
(2) to enforce compliance with this chapter;
(3) to obtain the fines provided under subsection (b) of this
section or appropriate restitution; or
(4) to obtain such other relief as the court may deem
appropriate.
(d) Private right of action
Any boxer who suffers economic injury as a result of a violation of
any provision of this chapter may bring an action in the appropriate
Federal or State court and recover the damages suffered, court costs,
and reasonable attorneys fees and expenses.
(e) Enforcement against Federal Trade Commission, State Attorneys
General, etc.
Nothing in this chapter authorizes the enforcement of--
(1) any provision of this chapter against the Federal Trade
Commission, the United States Attorney General, or the chief legal
officer of any State for acting or failing to act in an official
capacity;
(2) subsection (d) of this section against a State or political
subdivision of a State, or any agency or instrumentality thereof; or
(3) section 6307b of this title against a boxer acting in his
capacity as a boxer.
(Pub. L. 104-272, Sec. 18, formerly Sec. 10, Oct. 9, 1996, 110 Stat.
3312; renumbered Sec. 18 and amended Pub. L. 106-210, Secs. 4(1), 6, May
26, 2000, 114 Stat. 322, 326.)
Amendments
2000--Subsec. (b)(1). Pub. L. 106-210, Sec. 6(1), inserted ``, other
than section 6307a(b), 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of
this title,'' after ``this chapter''.
Subsec. (b)(2). Pub. L. 106-210, Sec. 6(3), added par. (2). Former
par. (2) redesignated (3).
Subsec. (b)(3), (4). Pub. L. 106-210, Sec. 6(2), (4), redesignated
pars. (2) and (3) as (3) and (4), respectively, and in par. (3)
substituted ``section 6308(a)'' for ``section 6308''.
Subsecs. (c) to (e). Pub. L. 106-210, Sec. 6(5), added subsecs. (c)
to (e).
