42 USC 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
Terms Used In 42 USC 3611
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries. See 42 USC 3602
- Secretary: means the Secretary of Housing and Urban Development. See 42 USC 3602
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
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), 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);
(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.