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U.S. Code as of:
01/19/04
Section 56. Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General
(a) Procedure for exercise of authority to litigate or appeal
(1) Except as otherwise provided in paragraph (2) or (3), if -
(A) before commencing, defending, or intervening in, any civil
action involving this subchapter (including an action to collect
a civil penalty) which the Commission, or the Attorney General on
behalf of the Commission, is authorized to commence, defend, or
intervene in, the Commission gives written notification and
undertakes to consult with the Attorney General with respect to
such action; and
(B) the Attorney General fails within 45 days after receipt of
such notification to commence, defend, or intervene in, such
action;
the Commission may commence, defend, or intervene in, and supervise
the litigation or, such action and any appeal of such action in its
own name by any of its attorneys designated by it for such purpose.
(2) Except as otherwise provided in paragraph (3), in any civil
action -
(A) under section 53 of this title (relating to injunctive
relief);
(B) under section 57b of this title (relating to consumer
redress);
(C) to obtain judicial review of a rule prescribed by the
Commission, or a cease and desist order issued under section 45
of this title; or
(D) under the second paragraph of section 49 of this title
(relating to enforcement of a subpena) and under the fourth
paragraph of such section (relating to compliance with section 46
of this title);
the Commission shall have exclusive authority to commence or
defend, and supervise the litigation of, such action and any appeal
of such action in its own name by any of its attorneys designated
by it for such purpose, unless the Commission authorizes the
Attorney General to do so. The Commission shall inform the Attorney
General of the exercise of such authority and such exercise shall
not preclude the Attorney General from intervening on behalf of the
United States in such action and any appeal of such action as may
be otherwise provided by law.
(3)(A) If the Commission makes a written request to the Attorney
General, within the 10-day period which begins on the date of the
entry of the judgment in any civil action in which the Commission
represented itself pursuant to paragraph (1) or (2), to represent
itself through any of its attorneys designated by it for such
purpose before the Supreme Court in such action, it may do so, if -
(i) the Attorney General concurs with such request; or
(ii) the Attorney General, within the 60-day period which
begins on the date of the entry of such judgment -
(a) refuses to appeal or file a petition for writ of
certiorari with respect to such civil action, in which case he
shall give written notification to the Commission of the
reasons for such refusal within such 60-day period; or
(b) the Attorney General fails to take any action with
respect to the Commission's request.
(B) In any case where the Attorney General represents the
Commission before the Supreme Court in any civil action in which
the Commission represented itself pursuant to paragraph (1) or (2),
the Attorney General may not agree to any settlement, compromise,
or dismissal of such action, or confess error in the Supreme Court
with respect to such action, unless the Commission concurs.
(C) For purposes of this paragraph (with respect to
representation before the Supreme Court), the term "Attorney
General" includes the Solicitor General.
(4) If, prior to the expiration of the 45-day period specified in
paragraph (1) of this section or a 60-day period specified in
paragraph (3), any right of the Commission to commence, defend, or
intervene in, any such action or appeal may be extinguished due to
any procedural requirement of any court with respect to the time in
which any pleadings, notice of appeal, or other acts pertaining to
such action or appeal may be taken, the Attorney General shall have
one-half of the time required to comply with any such procedural
requirement of the court (including any extension of such time
granted by the court) for the purpose of commencing, defending, or
intervening in the civil action pursuant to paragraph (1) or for
the purpose of refusing to appeal or file a petition for writ of
certiorari and the written notification or failing to take any
action pursuant to paragraph 3(A)(ii).
(5) The provisions of this subsection shall apply notwithstanding
chapter 31 of title 28, or any other provision of law.
(b) Certification by Commission to Attorney General for criminal
proceedings
Whenever the Commission has reason to believe that any person,
partnership, or corporation is liable for a criminal penalty under
this subchapter, the Commission shall certify the facts to the
Attorney General, whose duty it shall be to cause appropriate
criminal proceedings to be brought.
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