42 U.S.C. § 3611

Subpoenas; giving of evidence

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(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

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.(Pub. L. 90–284, title VIII, § 811, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1628.)Editorial NotesPrior Provisions

A prior section 3611, Pub. L. 90–284, title VIII, § 811, Apr. 11, 1968, 82 Stat. 87, related to evidence, prior to repeal by Pub. L. 100–430, § 8(2).

Statutory Notes and Related SubsidiariesEffective Date

Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an Effective Date of 1988 Amendment note under section 3601 of this title.

Notes of Decisions

Cited in 4 cases, 1972–2016 · leading case: United States v. Brown, 223 F. Supp. 3d 697 (N.D. Ohio 2016).

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United States v. Brown, 223 F. Supp. 3d 697 (N.D. Ohio 2016). “” 42 U.S.C. § 3611 (a). Here, Complainant Adkins filed a HUD complaint alleging that, by including him in the Ohio litigation, TLC and Brown had “retaliated against [him] for having filed a fair housing complaint with Ohio Civil Rights Commission (OCRC) against these Named…”

Samuel R. Pierce, Jr., Sec'y of the United States Dep't of Hous. & Urban Dev. v. Dr. Eugene Winograd, 757 F.2d 714 (5th Cir. 1985). “42 U.S.C. § 3611 (a). HUD’s legal position after it has issued a subpoena is superior to the position of the local agency.”

Wood v. Nat'l R.R. Passenger Corp., 341 F. Supp. 908 (D. Conn. 1972). “, 42 U.S.C. §§ 3611 (g), 3613. It should also be noted that if the Attorney General refuses to act, his discretion, if reviewable at all, would be reviewable only under a very limited standard.”

Hurt v. Dime Sav. Bank, 151 F.R.D. 30 (E.D.N.Y 1993). “On May 13, 1993, HUD issued an administrative subpoena duces tecum, pursuant to 42 U.S.C. § 3611 , requiring The Dime to produce for inspection its files regarding all similar loan applicants in order to compare the processing and handling of these applications by the bank.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.