Page:United States Statutes at Large Volume 54 Part 1.djvu/888

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[54 STAT. PUBLIC LAWS-CH. 686--AUG. 22 , 1940 Penalty. Self-incriminating testimony. Exemption from prosecution. Perjury. Injunctions, re - straining orders, etc. Transmittal of evi- dence to Attorney General. fo t! 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, memoranda, contracts, agree- ments, or other records, if in his or its power so to do, in obe- dience to the subpena of the Commission, shall be guilty of a mis- demeanor, 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, contracts, agreements, or other records and documents before the Commission, 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, docu- mentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prose- cuted or subject to any penalty 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 committed 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 jurisdiction of the United States, to enjoin such acts or practices and to enforce com- pliance 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 temporary injunction or decree or restraining order shall be granted without bond. The Com- mission 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 General, who, in his discretion, may institute the appropriate criminal proceedings under this title. PUBLICITY rmationb in apoplic SEC. 210. (a) The information contained in any registration appli- ons, etc. cation or report or amendment thereto filed with the Commission pur- suant to any provision of this title shall be made available to the pub- lic, unless and except insofar as the Commission, by rules and regula- tions upon its own motion, or by order upon application, finds that public disclosure is neither necessary nor appropriate in the public opies, efphotostatic interest or for the protection of investors. Photostatic or other copies of information contained in documents filed with the Commission under this title and made available to the public shall be furnished to any person at such reasonable charge and under such reasonable limi- tations as the Commission shall prescribe. investipations. (b) Subject to the provisions of subsections (c) and (e), of sec- tion 209, the Commission shall not make public the fact that any investigation under this title is being conducted, nor shall it make public the results of any such investigation, or any facts ascertained during any such investigation, except that the provisions of this subsection shall not apply- (1) in the case of any hearing which is public under the provisions of section 212; or 854 ce