25-U.S.C.-305D
§305D – Criminal Proceedings; Civil Actions
Pathway
Title 25 > Chapter 7A > Section 305d
Details
- Reference: Section 305d
- Legend: §305D – Criminal Proceedings; Civil Actions
- USCode Year: 2013
Provision Content
(a) Definition of Federal law enforcement officer
In this section, the term Federal law enforcement officer includes a Federal law enforcement officer (as defined in section 115(c) of title 18).
(b) Authority to conduct investigations
Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States.
(c) Criminal proceedings
(1) Investigation
(A) In general
The Board may refer an alleged violation of section 1159 of title 18 to any Federal law enforcement officer for appropriate investigation.
(B) Referral not required
A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).
(2) Findings
The findings of an investigation of an alleged violation of section 1159 of title 18 by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to—
(A) a Federal or State prosecuting authority; or
(B) the Board.
(3) Recommendations
On receiving the findings of an investigation under paragraph (2), the Board may—
(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18; and
(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.
(d) Civil actions
In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 305e of this title.
(Aug. 27, 1935, ch. 748, §5, as added Pub. L. 101–644, title I, §103, Nov. 29, 1990, 104 Stat. 4662; amended Pub. L. 111–211, title I, §102(a), July 29, 2010, 124 Stat. 2258.)
References in Text
This Act, referred to in subsec. (b), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables.
Prior Provisions
A prior section, act Aug. 27, 1935, ch. 748, §5, 49 Stat. 892, related to counterfeiting of a trade mark and penalty, prior to repeal by act June 25, 1948, ch. 645, §21, 62 Stat. 862, effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and Criminal Procedure.
Amendments
2010—Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows:
(a) The Board may receive complaints of violations of section 1159 of title 18 and refer complaints of such violations to the Federal Bureau of Investigation for appropriate investigation. After reviewing the investigation report, the Board may recommend to the Attorney General of the United States that criminal proceedings be instituted under that section.
(b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under section 305e of this title.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-292C in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-292C, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
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