18 U.S.C. § 3057 — Bankruptcy investigations

Page 701 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3058 ‘‘(e) CONFORMING AMENDMENT.—[Amended Pub. L. 101–509, § 529 [title IV, § 405], set out as a note under sec- tion 5305 of Title 5, Government Organization and Em- ployees.] ‘‘(f) EFFECTIVE DATE.—The provisions of this section shall become effective on the first day of the first pay period beginning after the date of enactment of this Act [Oct. 10, 1997].’’ Executive Documents EX. ORD. NO. 12478. TRANSFER OF AUTHORITY TO THE SEC- RETARY OF STATE TO MAKE REIMBURSEMENTS FOR PROTECTION OF FOREIGN MISSIONS TO INTERNATIONAL ORGANIZATIONS Ex. Ord. No. 12478, May 23, 1984, 49 F.R. 22053, pro- vided: By authority vested in me as President by the Con- stitution and statutes of the United States of America, and in accordance with the provisions of the Act of De- cember 31, 1975, Public Law 94–196 (89 Stat. 1109), codi- fied as [former] sections 202(7) and 208(a) of Title 3, United States Code, as amended, it is hereby ordered as follows: SECTION 1. There is transferred to the Secretary of State authority to determine the need for and to ap- prove terms and conditions of the provision of reim- bursable extraordinary protective activities for foreign diplomatic missions pursuant to [former] section 202(7), and the authority to make reimbursements to State and local governments for services, personnel, equip- ment, and facilities pursuant to [former] section 208(a) of Title 3, United States Code; SEC. 2. There are transferred to the Secretary of State such unexpended moneys as may have been ap- propriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of [former] section 208(a) of Title 3, United States Code; SEC. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982 [22 U.S.C. 4301 et seq.]; authority available under that Act may also be applied to any foreign mission to which [former] section 202(7) applies; and SEC. 4. This Order shall be effective on October 1, 1984. RONALD REAGAN. § 3057. Bankruptcy investigations (a) Any judge, receiver, or trustee having rea- sonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, re- ceiverships 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, un- less upon inquiry and examination he decides that the ends of public justice do not require in- vestigation 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, § 48, 63 Stat. 96; Pub. L. 95–598, title III, § 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, § 29e(1), (2), as added by May 27, 1926, ch. 406, § 11, 44 Stat. 665, 666; June 22, 1938, ch. 575, § 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, re- ceiverships, 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 sec- tion 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. Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–598, § 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, § 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’’. Statutory Notes and Related Subsidiaries 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 Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. SAVINGS PROVISION Amendment by Pub. L. 95–598 not to affect the appli- cation of chapter 9 (§ 151 et seq.), chapter 96 (§ 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. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 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. § 3058. Interned belligerent nationals Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent fac- tion and being interned in the United States, in accordance with the law of nations, leaves or at- tempts to leave said jurisdiction, or leaves or at- tempts to leave the limits of internment with- out permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be re-