Sec. 16. **[**[15 U.S.C. 56](/us/usc/t15/s56)**]**
1,064 words·~5 min read·
/statute-compilations/comps-388/sec-16A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 16 **[**[15 U.S.C. 56](/us/usc/t15/s56)**]** ###
(a)####
(1)Except as otherwise provided in paragraph
(2)or (3), if— #####
(A)before commencing, defending, or intervening in, any civil action involving this Act (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 of, 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 13 of this Act (relating to injunctive relief); #####
(B)under section 19 of this Act (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 5 of this Act; #####
(D)under the second paragraph of section 9 of this Act (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 6 of this Act); or ##### (E)10 under section 21A of this Act; 10Margin so in law. In addition, Subparagraphs (C)–(D) were amended by section 7(b) of Public Law 109–455 (120 Stat. 3379). For the effective date of a sunset provision, see section 13 of such Public Law (120 Stat. 3382) set out in a footnote at the end of section 4 of this Act. 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, United States Code, or any other provision of law. ###
(b)Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this Act, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought. ### (c)11 Foreign Litigation 11Subsection
(c)was added by section 5 of Public Law 109–455 (120 Stat. 3375). For the effective date of a sunset provision, see section 13 of such Public Law (120 Stat. 3382) set out in a footnote at the end of section 4 of this Act. ####
(1)Commission attorneys With the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest. ####
(2)Reimbursement for foreign counsel The Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts and for expenses related to litigation in foreign courts in which the Commission has an interest. ####
(3)Limitation on use of funds Nothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by section 1304 of title 31, United States Code. ####
(4)Other authority The authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General.
Connectionstraces to 1
Traces to 1 document
4 references not yet in our index
- Pub. L. 109-455
- 120 Stat. 3379
- 120 Stat. 3382
- 120 Stat. 3375
Citation graph
cites case law
Sec. 16
**[**[15 U.S.C. 56](/us/usc/t15/s56)**]**
Pub. L.Pub. L. 109-455
Stat.120 Stat. 3379
Stat.120 Stat. 3382
Stat.120 Stat. 3375
Cites 5Cited by 0 across 0 sources