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U.S. Code as of:
01/19/04
Section 3611. Subpoenas; giving of evidence
(a) In general
The Secretary may, in accordance with this subsection, issue
subpoenas and order discovery in aid of investigations and hearings
under this subchapter. Such subpoenas and discovery may be ordered
to the same extent and subject to the same limitations as would
apply if the subpoenas or discovery were ordered or served in aid
of a civil action in the United States district court for the
district in which the investigation is taking place.
(b) Witness fees
Witnesses summoned by a subpoena under this subchapter shall be
entitled to the same witness and mileage fees as witnesses in
proceedings in United States district courts. Fees payable to a
witness summoned by a subpoena issued at the request of a party
shall be paid by that party or, where a party is unable to pay the
fees, by the Secretary.
(c) Criminal penalties
(1) Any person who willfully fails or neglects to attend and
testify or to answer any lawful inquiry or to produce records,
documents, or other evidence, if it is in such person's power to do
so, in obedience to the subpoena or other lawful order under
subsection (a) of this section, shall be fined not more than
$100,000 or imprisoned not more than one year, or both.
(2) Any person who, with intent thereby to mislead another person
in any proceeding under this subchapter -
(A) makes or causes to be made any false entry or statement of
fact in any report, account, record, or other document produced
pursuant to subpoena or other lawful order under subsection (a)
of this section;
(B) willfully neglects or fails to make or to cause to be made
full, true, and correct entries in such reports, accounts,
records, or other documents; or
(C) willfully mutilates, alters, or by any other means
falsifies any documentary evidence;
shall be fined not more than $100,000 or imprisoned not more than
one year, or both.
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