§ 3057. Bankruptcy investigations

Statutory text

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3057
June 25, 1948, ch. 645, 62 Stat. 818
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 818
1949
Public Law not identified
Substituted · 18 U.S.C. § 3057(a)
Subsec. (a). Act May 24, 1949, substituted “or other laws of the United States” for “or laws”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act May 24, 1949, substituted “or other laws of the United States” for “or laws”.
1978
Pub. L. 95–598 § 314(i) · 92 Stat. 2549
1. Substituted · 18 U.S.C. § 3057(a)
  Pub. L. 95–598, § 314(i), substituted “judge” for “referee”
2. Substituted · 18 U.S.C. § 3057(a)
  Pub. L. 95–598, § 314(i), substituted “violation under chapter 9 of this title” for “violations of the bankruptcy laws”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(i) Section 3057 of title 18 of the United States Code is amended— (1) by striking out “referee” each place it appears and inserting “judge” in lieu thereof; and (2) by striking out “violations of the bankruptcy laws” and inserting “violation under chapter 9 of this title” in lieu thereof.
Effective date note
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1978
Pub. L. 95–598 § 314(i)(1) · 92 Stat. 2549
Substituted · 18 U.S.C. § 3057(b)
Pub. L. 95–598, § 314(i)(1), substituted “judge” for “referee”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–598, § 314(i)(1), substituted “judge” for “referee”.
Enacted provision · exact public law section
(1) by striking out “referee” each place it appears and inserting “judge” in lieu thereof; and
Effective date note
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

3 of 5 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

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, receiverships, 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 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.

Editorial Notes

Amendments1949–1978 · 2 rounds

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 Effective Date note preceding section 101 of Title 11, Bankruptcy.

Savings Provision

Amendment by Pub. L. 95–598 not to affect the application 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 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.

Credits

1948–1978 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 818
1949May 24, 1949, ch. 139, § 48, 63 Stat. 96
1978Pub. L. 95–598, title III, § 314(i), Nov. 6, 1978, 92 Stat. 2677.

Show as published

(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.)