12 U.S.C. § 2273: Ancillary provisions…

Summary

The Farm Credit Administration can make people swear to tell the truth, take recorded statements, and use, change, or cancel subpoenas to get testimony or documents during its hearings, exams, or investigations. It can also make rules for how those proceedings are run. Witnesses and records can be called from anywhere in the States or U.S. territories to the place where the hearing or investigation is held. If someone ignores a subpoena, the Administration or a party can ask a U.S. district court (in D.C., the district where the hearing is, or where the witness lives or works) to force compliance. Witnesses get the same fees and travel pay as in U.S. district courts. A court hearing a case started by a System institution or its officer may order that reasonable expenses and lawyers’ fees be paid by that institution. Anyone who willfully refuses to obey a subpoena, to testify, or to produce records can be fined up to $1,000, jailed up to one year, or both.

Title 12, §2273

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In the course of or in connection with any proceeding under this part or any examination or investigation under this chapter, the Farm Credit Administration or any designated representative thereof, including any person designated to conduct any hearing under this part, shall have the power to administer oaths and affirmations, to take or cause to be taken depositions, and to issue, revoke, quash, or modify subpenas and subpenas duces tecum; and the Farm Credit Administration is empowered to make rules and regulations with respect to any such proceedings, examinations, or investigations. The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place where such proceeding is being conducted. The Farm Credit Administration or any party to proceedings under this part may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district or the United States court in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpena or subpena duces tecum issued pursuant to this part, and such courts shall have jurisdiction and power to order and require compliance therewith. Witnesses subpenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this part by a System institution or a director or officer thereof, may allow to any such party such reasonable expenses and attorneys’ fees as it deems just and proper; and such expenses and fees shall be paid by the System institution or from its assets. Any person who willfully shall fail or refuse to attend or testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in such person’s power so to do, in obedience to the subpena of the Farm Credit Administration, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–233 substituted “proceedings, examinations, or investigations” for “proceedings, claims, examinations, or investigations”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an

Effective Date

of 1985 Amendment note under section 2001 of this title.

§2273 Ancillary Provisions; Subpena Power; Etc.

Summary

Title 12, §2273

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata