15 U.S.C. § 6309: Enforcement

Summary

The Attorney General can go to federal court to stop people from breaking the boxing rules. The court can order a temporary or permanent stop, a restraining order, or other steps to keep someone from promoting, arranging, or taking part in a professional boxing match that breaks these rules. People who break the rules can face criminal penalties. Managers, promoters, matchmakers, and licensees who knowingly break the rules (except for violations of sections 6307a(b), 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h) can be jailed up to 1 year, fined up to $20,000, or both. Violations of those listed sections can bring up to 1 year in jail and a fine up to $100,000, plus a larger extra fine if the match’s gross revenues exceed $2,000,000. Commission members who break the conflict rule in section 6308(a) face up to 1 year and $20,000. Boxers who knowingly break the rules can be fined up to $1,000. States’ top law officers can sue for residents to stop matches, enforce the rules, get fines or restitution, or other relief. A boxer who loses money because of a violation can sue in state or federal court for damages, court costs, and reasonable attorneys’ fees. The chapter does not allow enforcement against the FTC, the U.S. Attorney General, or a state’s chief legal officer for official actions; subsection (d) cannot be used against a State or its agencies; and section 6307b does not apply to a boxer acting as a boxer.

Title 15, §6309

Commerce and Trade, Source: USLM XML via OLRC

(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), 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.

(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) 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)

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (b)(1). Pub. L. 106–210, § 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, § 6(3), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3), (4). Pub. L. 106–210, § 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, § 6(5), added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1997, see section 23 of Pub. L. 104–272, set out as a note under section 6301 of this title.

§6309 Enforcement