(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.
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
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.
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.
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”.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598effective Oct. 1, 1979, see section 402(a) ofPub. L. 95–598, set out as an Effective Date note preceding section
101 of Title
Amendment by Pub. L. 95–598not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section
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) ofPub. L. 95–598, set out as a note preceding section
101 of Title
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, §§ 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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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