§ 3057. — Bankruptcy investigations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3057]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 203--ARREST AND COMMITMENT
Sec. 3057. Bankruptcy investigations
(a) Any judge, receiver, or trustee having reasonable grounds for
believing that any violation under chapter 9 of this title or other laws
of the United States relating to insolvent debtors, receiverships or
reorganization plans has been committed, or that an investigation should
be had in connection therewith, shall report to the appropriate United
States attorney all the facts and circumstances of the case, the names
of the witnesses and the offense or offenses believed to have been
committed. Where one of such officers has made such report, the others
need not do so.
(b) The United States attorney thereupon shall inquire into the
facts and report thereon to the judge, and if it appears probable that
any such offense has been committed, shall without delay, present the
matter to the grand jury, unless upon inquiry and examination he decides
that the ends of public justice do not require investigation or
prosecution, in which case he shall report the facts to the Attorney
General for his direction.
(June 25, 1948, ch. 645, 62 Stat. 818; May 24, 1949, ch. 139, Sec. 48,
63 Stat. 96; Pub. L. 95-598, title III, Sec. 314(i), Nov. 6, 1978, 92
Stat. 2677.)
Historical and Revision Notes
1948 Act
Based on section 52(e)(1), (2) of title 11, U.S.C., 1940 ed.,
Bankruptcy (July 1, 1898, ch. 541, Sec. 29e(1), (2), as added by May 27,
1926, ch. 406, Sec. 11, 44 Stat. 665, 666; June 22, 1938, ch. 575,
Sec. 1, 52 Stat. 840, 856).
Remaining provisions of section 52 of title 11, U.S.C., 1940 ed.,
Bankruptcy, constitute sections 151-154, and 3284 of this title.
The words ``or laws relating to insolvent debtors, receiverships, or
reorganization plans'' were inserted to avoid reference to ``Title 11''.
Minor changes were made in phraseology.
1949 Act
This section [section 48] clarifies the meaning of section 3057 of
title 18, U.S.C., by expressly limiting to laws ``of the United
States'', violations of laws which are to be reported to the United
States attorney.
Amendments
1978--Subsec. (a). Pub. L. 95-598, Sec. 314(i), substituted
``judge'' for ``referee'' and ``violation under chapter 9 of this
title'' for ``violations of the bankruptcy laws''.
Subsec. (b). Pub. L. 95-598, Sec. 314(i)(1), substituted ``judge''
for ``referee''.
1949--Subsec. (a). Act May 24, 1949, substituted ``or other laws of
the United States'' for ``or laws''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Savings Provision
Amendment by Pub. L. 95-598 not to affect the application of chapter
9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516,
3057, or 3284 of this title to any act of any person (1) committed
before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection
with a case commenced before such date, see section 403(d) of Pub. L.
95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Transfer of Functions
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set
out in the Appendix to Title 5, Government Organization and Employees.
