Page:United States Statutes at Large Volume 54 Part 1.djvu/877

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 686 -AUG. 22, 1940 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, memoranda, con- tracts, agreements, and other records. And such court may issue an order requiring such person to appear before the Commission or mem- ber or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investiga- tion or in question; 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. Any person who without just cause shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memo- randa, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpena of the Commission, 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 one year, or both. (d) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, con- tracts, agreements, or other records and documents before the Com- mission, or in obedience to the subpena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or for- feiture; but no individual shall be prosecuted or subject to any pen- alty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury com- mitted in so testifying. (e) Whenever it shall appear to the Commission that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this title, or of any rule, regulation, or order hereunder, it may in its discretion bring an action in the proper district court of the United States, or the proper United States court of any Territory or other place subject to the jurisdic- tion of the United States, to enjoin such acts or practices and to enforce compliance with this title or any rule, regulation, or order hereunder. Upon a showing that such person has engaged or is about to engage in any such act or practice, a permanent or tem- porary injunction or decree or restraining order shall be granted without bond. In any proceeding under this subsection to enforce compliance with section 7, the court as a court of equity may, to the extent it deems necessary or appropriate, take exclusive jurisdiction and possession of the investment company or companies involved and the books records, and assets thereof, wherever located; and the court shall have jurisdiction to appoint a trustee, who with the approval of the court shall have power to dispose of any or all of such assets, subject to such terms and conditions as the court may prescribe. The Commission may transmit such evidence as may be available concerning any violation of the provisions of this title, or of any rule, regulation, or order thereunder, to the Attorney Gen- eral, who, in his discretion, may institute the appropriate criminal proceedings under this title. 843 Court order to com- pel appearance. Service of process. Penalty. Self-incriminating testimony. Exemption from prosecution. Perjury. Injunctions, - straining orders, etc. Jurisdiction of court. Transmittal of evi- dence to Attorney General.