15 U.S.C. § 6309 — Enforcement

Page 2238 TITLE 15—COMMERCE AND TRADE § 6309 1 So in original. Section 6307a does not contain a subsec. (b). § 6309. Enforcement (a) Injunctions Whenever the Attorney General of the United States has reasonable cause to believe that a person is engaged in a violation of this chapter, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a perma- nent or temporary injunction, restraining order, or other order, against the person, as the Attor- ney General determines to be necessary to re- strain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional boxing match in violation of this chapter. (b) Criminal penalties (1) Managers, promoters, matchmakers, and li- censees Any manager, promoter, matchmaker, and licensee who knowingly violates, or coerces or causes any other person to violate, any provi- sion of this chapter, other than section 6307a(b),1 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title, shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (2) Violation of antiexploitation, sanctioning organization, or disclosure provisions Any person who knowingly violates any pro- vision of section 6307a(b),1 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title shall, upon conviction, be imprisoned for not more than 1 year or fined not more than— (A) $100,000; and (B) if a violation occurs in connection with a professional boxing match the gross reve- nues for which exceed $2,000,000, an addi- tional amount which bears the same ratio to $100,000 as the amount of such revenues com- pared to $2,000,000, or both. (3) Conflict of interest Any member or employee of a boxing com- mission, any person who administers or en- forces State boxing laws, and any member of the Association of Boxing Commissions who knowingly violates section 6308(a) of this title shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (4) Boxers Any boxer who knowingly violates any pro- vision of this chapter shall, upon conviction, be fined not more than $1,000. (c) Actions by States Whenever the chief law enforcement officer of any State has reason to believe that a person or organization is engaging in practices which vio- late any requirement of this chapter, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States— (1) to enjoin the holding of any professional boxing match which the practice involves; (2) to enforce compliance with this chapter; (3) to obtain the fines provided under sub- section (b) or appropriate restitution; or (4) to obtain such other relief as the court may deem appropriate. (d) Private right of action Any boxer who suffers economic injury as a re- sult of a violation of any provision of this chap- ter may bring an action in the appropriate Fed- eral or State court and recover the damages suf- fered, court costs, and reasonable attorneys fees and expenses. (e) Enforcement against Federal Trade Commis- sion, State Attorneys General, etc. Nothing in this chapter authorizes the en- forcement of— (1) any provision of this chapter against the Federal Trade Commission, the United States Attorney General, or the chief legal officer of any State for acting or failing to act in an of- ficial capacity; (2) subsection (d) of this section against a State or political subdivision of a State, or any agency or instrumentality thereof; or (3) section 6307b of this title against a boxer acting in his capacity as a boxer. (Pub. L. 104–272, § 18, formerly § 10, Oct. 9, 1996, 110 Stat. 3312; renumbered § 18 and amended Pub. L. 106–210, §§ 4(1), 6, May 26, 2000, 114 Stat. 322, 326.) Editorial Notes AMENDMENTS 2000—Subsec. (b)(1). Pub. L. 106–210, § 6(1), inserted ‘‘, other than section 6307a(b), 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title,’’ after ‘‘this chapter’’. Subsec. (b)(2). Pub. L. 106–210, § 6(3), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3), (4). Pub. L. 106–210, § 6(2), (4), redesig- nated pars. (2) and (3) as (3) and (4), respectively, and in par. (3) substituted ‘‘section 6308(a)’’ for ‘‘section 6308’’. Subsecs. (c) to (e). Pub. L. 106–210, § 6(5), added sub- secs. (c) to (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1997, see section 23 of Pub. L. 104–272, set out as a note under section 6301 of this title. § 6310. Notification of supervising boxing com- mission Each promoter who intends to hold a profes- sional boxing match in a State that does not have a boxing commission shall, not later than 14 days before the intended date of that match, provide written notification to the supervising boxing commission designated under section 6303 of this title. Such notification shall contain each of the following: (1) Assurances that, with respect to that pro- fessional boxing match, all applicable require- ments of this chapter will be met. (2) The name of any person who, at the time of the submission of the notification— (A) is under suspension from a boxing com- mission; and (B) will be involved in organizing or par- ticipating in the event. (3) For any individual listed under paragraph (2), the identity of the boxing commission that