12 U.S.C. § 1973 — Jurisdiction of courts; duty of United

Page 1279 TITLE 12—BANKS AND BANKING § 1975 struck out former subpar. (G) which related to written reporting requirements relating to bank loans to exec- utive officers or stockholders with power to vote more than 10 per centum of any class of voting securities of an insured bank. 1996—Par. (1). Pub. L. 104–208, in concluding provi- sions, inserted ‘‘and the prohibitions of section 1843(f)(9) and 1843(h)(2) of this title’’ after ‘‘prohibi- tion’’. 1991—Par. (2)(H)(i). Pub. L. 102–242 inserted before semicolon at end ‘‘, a savings bank, and a savings asso- ciation (as those terms are defined in section 1813 of this title)’’. 1989—Par. (2)(F). Pub. L. 101–73, § 907(i), amended sub- par. (F) generally, revising and restating as cls. (i) to (ix) provisions of former cls. (i) to (vii). Par. (2)(I). Pub. L. 101–73, § 905(h), added subpar. (I). 1982—Par. (2)(A) to (D). Pub. L. 97–320, § 428(a)(1)–(4), inserted ‘‘or to any related interest of such person’’ after ‘‘such other bank’’ in subpar. (A), ‘‘desiring to open the account’’ in subpar. (B), ‘‘such other bank’’ in subpar. (C), and ‘‘another bank’’ in subpar. (D). Par. (2)(E). Pub. L. 97–320, § 410(f), substituted ‘‘the meaning prescribed by the Board pursuant to section 375b of this title’’ for ‘‘the same meaning given it in section 371c of this title’’. Par. (2)(F)(i). Pub. L. 97–320, § 424(c), (d)(11), inserted proviso giving agency discretionary authority to com- promise, etc., any civil money penalty imposed under such authority, and substituted ‘‘may be assessed’’ for ‘‘shall be assessed’’. Par. (2)(F)(iv). Pub. L. 97–320, § 424(e), substituted ‘‘twenty days from the service’’ for ‘‘ten days from the date’’. Par. (2)(G)(ii). Pub. L. 97–320, § 428(b)(1), substituted ‘‘(ii) The appropriate Federal banking agencies are au- thorized to issue rules and regulations, including defi- nitions of terms, to require the reporting and public disclosure of information by any bank or executive offi- cer or principal shareholder thereof concerning any ex- tension of credit by a correspondent bank to the report- ing bank’s executive officers or principal shareholders, or the related interests of such persons.’’ for ‘‘(ii) Each insured bank shall compile the reports filed pursuant to subparagraph (G)(i) and forward such compilation to the Comptroller of the Currency in the case of a na- tional bank, the Board in the case of a State member bank, and the Federal Deposit Insurance Corporation in the case of an insured nonmember State bank.’’ Par. (2)(G)(iii). Pub. L. 97–320, § 428(b)(2), struck out cl. (iii) which required insured banks to include in their section 1817(k)(1) report a list of names of executive of- ficers or stockholders of record owning, controlling, or having more than a 10 per centum voting control of any class of voting securities of the bank who file informa- tion required by subpar. (G)(i) and aggregate amount of extensions of credit by correspondent banks to such ex- ecutive officers or stockholders of record, any company controlled by such persons, and any political or cam- paign committee the funds or services of which will benefit such persons, or which is controlled by such persons. Par. (2)(H). Pub. L. 97–320, § 428(c), added subpar. (H). 1978—Pub. L. 95–630 designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–242 effective upon earlier of date on which final regulations under section 306(m)(1) of Pub. L. 102–242 become effective or 150 days after Dec. 19, 1991, see section 306(l) of Pub. L. 102–242, set out as a note under section 375b of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 907(i) of Pub. L. 101–73 applica- ble to conduct engaged in after Aug. 9, 1989, except that increased maximum penalties of $5,000 and $25,000 may apply to conduct engaged in before such date if such conduct is not already subject to a notice issued by the appropriate agency and occurred after completion of the last report of the examination of the institution by the appropriate agency occurring before Aug. 9, 1989, see section 907(l) of Pub. L. 101–73, set out as a note under section 93 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 428(b) of Pub. L. 97–320 effec- tive when regulations referred to in the amendment be- come effective as provided in section 430 of Pub. L. 97–320, set out as a note under section 1817 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as an Effective Date note under sec- tion 375b of this title. § 1973. Jurisdiction of courts; duty of United States attorneys; equitable proceedings; peti- tion; expedition of cases; temporary restrain- ing orders; bringing in additional parties; subpenas The district courts of the United States have jurisdiction to prevent and restrain violations of section 1972 of this title and it is the duty of the United States attorneys, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such viola- tions. The proceedings may be by way of a peti- tion setting forth the case and praying that the violation be enjoined or otherwise prohibited. When the parties complained of have been duly notified of the petition, the court shall proceed, as soon as possible, to the hearing and deter- mination of the case. While the petition is pend- ing, and before final decree, the court may at any time make such temporary restraining order or prohibition as it deems just. Whenever it appears to the court that the ends of justice require that other parties be brought before it, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and subpenas to that end may be served in any district by the mar- shal thereof. (Pub. L. 91–607, title I, § 106(c), Dec. 31, 1970, 84 Stat. 1767.) § 1974. Actions by United States; subpenas for witnesses In any action brought by or on behalf of the United States under section 1972 of this title, subpenas for witnesses may run into any dis- trict, but no writ of subpena may issue for wit- nesses living out of the district in which the court is held at a greater distance than one hun- dred miles from the place of holding the same without the prior permission of the trial court upon proper application and cause shown. (Pub. L. 91–607, title I, § 106(d), Dec. 31, 1970, 84 Stat. 1767.) § 1975. Civil actions by persons injured; jurisdic- tion and venue; amount of recovery Any person who is injured in his business or property by reason of anything forbidden in sec-