§ 7-15-7 Investigative demands. – (a) Issuance. Whenever the attorney general has reasonable cause tobelieve that any person or enterprise has knowledge or is in possession,custody, or control of any documentary material pertinent to an investigationof a possible violation of this chapter, he or she may, prior to and/orfollowing the institution of a civil or criminal proceeding on the violation,issue in writing and cause to be served upon the person or enterprise a civilinvestigatory demand by which he or she may:
(1) Compel the attendance of the person and require him orher to submit to examination and give testimony under oath; and/or
(2) Require the production of documentary material pertinentto the investigation for inspection and/or copying; and/or
(3) Require answers under oath to written interrogatories.
(b) Power to issue. The power to issue investigativedemands does not abate or terminate by reason of the bringing of any action orproceeding under this chapter. The attorney general may issue successiveinvestigatory demands to the same person in order to obtain additionalinformation pertinent to an ongoing investigation.
(c) Confidentiality. In the event the attorney generalinitiates a civil investigatory demand prior to a criminal indictment forviolation of this chapter, then the commencement, contents, and results of thecivil investigatory demand is held in the strictest confidence by the attorneygeneral and shall remain so until the time that a civil action is commenced,indictment for violation of this chapter returned, or removal of theconfidentiality is ordered by a justice of the superior court.
(d) Contents of investigative demand. Eachinvestigatory demand shall:
(1) State the nature of the conduct constituting the allegedracketeering violation of this chapter which is under investigation and theprovisions of law applicable to the conduct;
(2) Prescribe a reasonable return date no less than twenty(20) days from the date of the investigative demand, provided that an earlierdate may be prescribed under compelling circumstances;
(3) Specify the time and place at which the person is toappear and give testimony, produce documentary material, and furnish answers tointerrogatories, or do any or a combination of the above;
(4) Identify the custodian to whom any documentary materialis to be made available;
(5) Describe by class any documentary material to be producedwith such definiteness and certainty as to permit the material to be fairlyidentified;
(6) Contain any interrogatories to which written answersunder oath are required; and
(7) Advise in writing the person upon whom the demand isserved that the material or statements may constitute a basis for prosecutionagainst the person.
(e) Prohibition against unreasonable demand. Noinvestigatory demand shall:
(1) Contain any requirement which would be unreasonable orimproper if contained in a subpoena or a subpoena duces tecum issued by a courtof this state; or
(2) Require the disclosure of any material which would beprivileged from disclosure if demanded by a subpoena or a subpoena duces tecumissued by a court of this state.
(f) Service of investigative demand. (1) Aninvestigative demand may be served by:
(i) Delivering an executed copy to the person to be served,or if the person is not a natural person, to any partner, executive officer,managing agent, general agent, or to any agent of the person authorized byappointment or by law to receive service of process on behalf of the person;
(ii) Delivering an executed copy to the principal office orplace of business of the person to be served; or
(iii) Mailing by certified mail, return receipt requested, anexecuted copy addressed to the person to be served, or if the person is not anatural person, addressed to its principal office or place of business in thisstate, or if it has none in this state, to its principal office or place ofbusiness.
(2) A verified return by the individual serving any demand orpetition setting forth the manner of service is prima facie proof of service.In the case of service by certified mail, the return shall be accompanied bythe return post office receipt of delivery of the demand.
(g) Authorization to examine. The examination of allpersons pursuant to this section shall be conducted by the attorney general ora representative designated in writing by him or her, before an officerauthorized to administer oaths in this state. The statements made shall betaken down stenographically or by a sound recording device and shall betranscribed.
(h) Rights of persons served with investigativedemands. Any person required to attend and give testimony or to submitdocumentary material pursuant to this section is entitled to retain, or, onpayment of lawfully prescribed cost, to procure, a copy of any document he orshe produces and of his or her own statements as transcribed. Any personcompelled to appear under a demand for oral testimony pursuant to this sectionmay be accompanied, represented, and advised by counsel. Counsel may advise theperson in confidence, either upon the request of the person or upon counsel'sown initiative, with respect to any question asked of the person. The person orcounsel may object on the record to any question, in whole or in part, andshall briefly state for the record the reason for the objection. An objectionmay properly be made, received, and entered upon the record when it is claimedthat the person is entitled to refuse to answer the question on grounds of anyconstitutional or other legal right or privilege, including the privilegeagainst self incrimination. The person shall not otherwise object to or refuseto answer any question, and shall not by him or herself or through counselinterrupt the oral examination. If the person refuses to answer any question,the attorney general may petition the superior court for an order compellingthe person to answer the question. The information and materials supplied tothe attorney general pursuant to an investigative demand are not permitted tobecome public or be disclosed by the attorney general or his or her employeesbeyond the extent necessary for legitimate law enforcement purposes pursuant tothis chapter.
(i) Witness expenses. All persons served with aninvestigative demand, other than those persons whose conduct or practices arebeing investigated or any officer, director, or person in the employment of theperson under investigation, are paid the same fees and mileage as paidwitnesses in the courts of this state. No person is excused from attending theinquiry pursuant to the mandate of an investigative demand or from givingtestimony, or from producing documentary material or from being required toanswer questions on the ground of failure to tender or pay a witness fee ormileage, unless demand for the witness fee or mileage is made at the timetestimony is about to be taken and unless payment of the witness fee or mileageis not made.
(j) Custody of documents. (1) The attorney generalshall designate, from within the department of attorney general, aninvestigator to serve as racketeer document custodian and any racketeeringinvestigators that he or she determines are necessary to serve as deputies tothat officer.
(2) Any person on whom any demand issued under this sectionhas been served shall make the material available for inspection and copying orreproduction to the custodian designated in the demand at the principal placeof business of the person, or at any other place that the custodian and theperson subsequently agree and prescribe in writing or as the court may direct,pursuant to this section on the return date specified in the demand, or on anylater date that the custodian may prescribe in writing. The person may, uponwritten agreement between the person and the custodian, substitute copies ofall or any part of the material for originals of the materials.
(3) The custodian to whom any documentary material isdelivered shall take physical possession of it, and is responsible for its useand for its return pursuant to this chapter. The custodian may cause thepreparation of any copies of the documentary material that are required forofficial use under regulations which are promulgated by the attorney general.While in the possession of the custodian, no material produced shall beavailable for examination, without the consent of the person who produced thematerial, other than for legitimate law enforcement purposes pursuant to thischapter. Under any reasonable terms and conditions that the attorney generalprescribes, documentary material while in the possession of the custodian shallbe available for examination by the person who produced the material or anyauthorized representatives of the person.
(4) Whenever any attorney has been designated to appear onbehalf of the state before any court or grand jury in any case or proceedinginvolving any alleged violation of this chapter, the custodian may deliver tothe attorney any documentary material in the possession of the custodian thatthe attorney determines to be required for use in the presentation of the caseor proceeding on behalf of the state. Upon the conclusion of any case orproceeding, the attorney shall return to the custodian any documentary materialwithdrawn which has not passed into the control of the court or grand jurythrough its introduction into the record of the case or proceeding.
(5) Upon the completion of the investigation for which anydocumentary material was produced under this chapter, and any case orproceeding arising from the investigation, the custodian shall return to theperson who produced the material all the material, other than copies of it madeby the custodian pursuant to this section, which has not passed into thecontrol of any court or grand jury through its introduction into the record ofthe case or proceeding.
(6) When any documentary material has been produced by anyperson under this chapter, and no case or proceeding arising from it has beeninstituted within a reasonable time after completion of the examination andanalysis of all evidence assembled in the course of the investigation, theperson is entitled, upon written demand made upon the custodian, to the returnof all documentary material. Provided, that no documentary material shall betendered, delivered, or made available to any other state, federal, ormunicipal agency.
(ii) Anyone who knowingly and willfully violates theprovision of this subdivision shall, in addition to any civil liability, bepunished by a fine of not more than five hundred dollars ($500) and/orimprisonment for no longer than one year.
(7) In the event of the death, disability, or separation fromservice of the custodian of any documentary material produced under any demandissued under this chapter or the official relief of the custodian fromresponsibility for the custody and control of the material, the attorneygeneral shall promptly designate another racketeering investigator to serve ascustodian of the documentary material, and transmit notice in writing to theperson who produced the material as to the identity and address of thedesignated successor. Any designated successor has all duties andresponsibilities as to the materials imposed by this chapter on his or herpredecessor in office as to them, except that he or she is not responsible forany default or dereliction which occurred before his or her designation ascustodian.
(k) Enforcement of investigative demands forproduction. Whenever any person fails to comply with any civilinvestigative demand served upon him or her under this chapter requiring theproduction of documentary material, or whenever satisfactory copying orreproduction of that material cannot be done, and the person refuses tosurrender the material, the attorney general may file in the superior court andserve upon the person a petition for an order of the court for the enforcementof the demand.
(l) Refusal of persons served to testify or producedocuments. Whenever any natural person neglects or refuses to attend andgive testimony or to answer any lawful inquiry or to produce documentarymaterial if in his or her power to do so in obedience to an investigativedemand served upon him or her under this chapter, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. Any natural person who commits perjuryor false swearing in response to an investigative demand pursuant to thissection is punishable pursuant to the provisions of chapter 33 of title 11.
(m) Motion to quash. Within twenty (20) days after theservice of an investigatory demand upon any person, or at any time before thereturn date specified in the demand, whichever period is shorter, the personserved may file in the superior court and serve upon the custodian a petitionfor an order of the court modifying or setting aside the demand. The timeallowed for compliance with the demand in whole or in part as deemed proper andordered by the court shall not run during the pendency of the petition in thecourt. The petition shall specify each ground upon which the petitioner reliesin seeking relief, and may be based on any failure of the demand to comply withthe provisions of this chapter or on any constitutional or other legal right orprivilege of the person.
(n) Right of persons producing documents. At any timeduring which any custodian is in custody or control of any documentary materialdelivered by any person in compliance with an investigatory demand, the personmay file in the superior court and serve upon the custodian a petition for anorder of the court requiring the performance by the custodian of any dutyimposed upon him or her by this chapter.
(o) Duty to testify. (1) If, in any investigationbrought by the attorney general pursuant to this section, any individualrefuses to attend or to give testimony or to produce documentary material or toanswer a written interrogatory in obedience to an investigative demand or underorder of court on the ground that the testimony or material required of him orher may tend to incriminate him, that person may be ordered to attend and togive testimony or to produce documentary material or to answer the writteninterrogatory, or to do an applicable combination of these. The above order isan order of court given after a hearing in which the attorney general hasestablished a need for the grant of immunity, as subsequently provided.
(2) The attorney general may petition the presiding justiceof the superior court for an order as described in subdivision (1) of thissubsection. The petition shall set forth the nature of the investigation andthe need for the immunization of the witness.
(3) Compelled testimony shall not be used against the witnessas evidence in any criminal proceedings against him or her in any court.However, the grant of immunity does not immunize the witness from civilliability arising from the transactions about which testimony is given, and heor she may nevertheless be prosecuted or subjected to penalty or forfeiture forany perjury, false swearing, or contempt committed in answering or in failingto answer or in producing evidence or failing to do so in accordance with theorder. If a person refuses to testify after being granted immunity fromprosecution and after being ordered to testify, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. The above does not prevent the attorneygeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.
§ 7-15-7 Investigative demands. – (a) Issuance. Whenever the attorney general has reasonable cause tobelieve that any person or enterprise has knowledge or is in possession,custody, or control of any documentary material pertinent to an investigationof a possible violation of this chapter, he or she may, prior to and/orfollowing the institution of a civil or criminal proceeding on the violation,issue in writing and cause to be served upon the person or enterprise a civilinvestigatory demand by which he or she may:
(1) Compel the attendance of the person and require him orher to submit to examination and give testimony under oath; and/or
(2) Require the production of documentary material pertinentto the investigation for inspection and/or copying; and/or
(3) Require answers under oath to written interrogatories.
(b) Power to issue. The power to issue investigativedemands does not abate or terminate by reason of the bringing of any action orproceeding under this chapter. The attorney general may issue successiveinvestigatory demands to the same person in order to obtain additionalinformation pertinent to an ongoing investigation.
(c) Confidentiality. In the event the attorney generalinitiates a civil investigatory demand prior to a criminal indictment forviolation of this chapter, then the commencement, contents, and results of thecivil investigatory demand is held in the strictest confidence by the attorneygeneral and shall remain so until the time that a civil action is commenced,indictment for violation of this chapter returned, or removal of theconfidentiality is ordered by a justice of the superior court.
(d) Contents of investigative demand. Eachinvestigatory demand shall:
(1) State the nature of the conduct constituting the allegedracketeering violation of this chapter which is under investigation and theprovisions of law applicable to the conduct;
(2) Prescribe a reasonable return date no less than twenty(20) days from the date of the investigative demand, provided that an earlierdate may be prescribed under compelling circumstances;
(3) Specify the time and place at which the person is toappear and give testimony, produce documentary material, and furnish answers tointerrogatories, or do any or a combination of the above;
(4) Identify the custodian to whom any documentary materialis to be made available;
(5) Describe by class any documentary material to be producedwith such definiteness and certainty as to permit the material to be fairlyidentified;
(6) Contain any interrogatories to which written answersunder oath are required; and
(7) Advise in writing the person upon whom the demand isserved that the material or statements may constitute a basis for prosecutionagainst the person.
(e) Prohibition against unreasonable demand. Noinvestigatory demand shall:
(1) Contain any requirement which would be unreasonable orimproper if contained in a subpoena or a subpoena duces tecum issued by a courtof this state; or
(2) Require the disclosure of any material which would beprivileged from disclosure if demanded by a subpoena or a subpoena duces tecumissued by a court of this state.
(f) Service of investigative demand. (1) Aninvestigative demand may be served by:
(i) Delivering an executed copy to the person to be served,or if the person is not a natural person, to any partner, executive officer,managing agent, general agent, or to any agent of the person authorized byappointment or by law to receive service of process on behalf of the person;
(ii) Delivering an executed copy to the principal office orplace of business of the person to be served; or
(iii) Mailing by certified mail, return receipt requested, anexecuted copy addressed to the person to be served, or if the person is not anatural person, addressed to its principal office or place of business in thisstate, or if it has none in this state, to its principal office or place ofbusiness.
(2) A verified return by the individual serving any demand orpetition setting forth the manner of service is prima facie proof of service.In the case of service by certified mail, the return shall be accompanied bythe return post office receipt of delivery of the demand.
(g) Authorization to examine. The examination of allpersons pursuant to this section shall be conducted by the attorney general ora representative designated in writing by him or her, before an officerauthorized to administer oaths in this state. The statements made shall betaken down stenographically or by a sound recording device and shall betranscribed.
(h) Rights of persons served with investigativedemands. Any person required to attend and give testimony or to submitdocumentary material pursuant to this section is entitled to retain, or, onpayment of lawfully prescribed cost, to procure, a copy of any document he orshe produces and of his or her own statements as transcribed. Any personcompelled to appear under a demand for oral testimony pursuant to this sectionmay be accompanied, represented, and advised by counsel. Counsel may advise theperson in confidence, either upon the request of the person or upon counsel'sown initiative, with respect to any question asked of the person. The person orcounsel may object on the record to any question, in whole or in part, andshall briefly state for the record the reason for the objection. An objectionmay properly be made, received, and entered upon the record when it is claimedthat the person is entitled to refuse to answer the question on grounds of anyconstitutional or other legal right or privilege, including the privilegeagainst self incrimination. The person shall not otherwise object to or refuseto answer any question, and shall not by him or herself or through counselinterrupt the oral examination. If the person refuses to answer any question,the attorney general may petition the superior court for an order compellingthe person to answer the question. The information and materials supplied tothe attorney general pursuant to an investigative demand are not permitted tobecome public or be disclosed by the attorney general or his or her employeesbeyond the extent necessary for legitimate law enforcement purposes pursuant tothis chapter.
(i) Witness expenses. All persons served with aninvestigative demand, other than those persons whose conduct or practices arebeing investigated or any officer, director, or person in the employment of theperson under investigation, are paid the same fees and mileage as paidwitnesses in the courts of this state. No person is excused from attending theinquiry pursuant to the mandate of an investigative demand or from givingtestimony, or from producing documentary material or from being required toanswer questions on the ground of failure to tender or pay a witness fee ormileage, unless demand for the witness fee or mileage is made at the timetestimony is about to be taken and unless payment of the witness fee or mileageis not made.
(j) Custody of documents. (1) The attorney generalshall designate, from within the department of attorney general, aninvestigator to serve as racketeer document custodian and any racketeeringinvestigators that he or she determines are necessary to serve as deputies tothat officer.
(2) Any person on whom any demand issued under this sectionhas been served shall make the material available for inspection and copying orreproduction to the custodian designated in the demand at the principal placeof business of the person, or at any other place that the custodian and theperson subsequently agree and prescribe in writing or as the court may direct,pursuant to this section on the return date specified in the demand, or on anylater date that the custodian may prescribe in writing. The person may, uponwritten agreement between the person and the custodian, substitute copies ofall or any part of the material for originals of the materials.
(3) The custodian to whom any documentary material isdelivered shall take physical possession of it, and is responsible for its useand for its return pursuant to this chapter. The custodian may cause thepreparation of any copies of the documentary material that are required forofficial use under regulations which are promulgated by the attorney general.While in the possession of the custodian, no material produced shall beavailable for examination, without the consent of the person who produced thematerial, other than for legitimate law enforcement purposes pursuant to thischapter. Under any reasonable terms and conditions that the attorney generalprescribes, documentary material while in the possession of the custodian shallbe available for examination by the person who produced the material or anyauthorized representatives of the person.
(4) Whenever any attorney has been designated to appear onbehalf of the state before any court or grand jury in any case or proceedinginvolving any alleged violation of this chapter, the custodian may deliver tothe attorney any documentary material in the possession of the custodian thatthe attorney determines to be required for use in the presentation of the caseor proceeding on behalf of the state. Upon the conclusion of any case orproceeding, the attorney shall return to the custodian any documentary materialwithdrawn which has not passed into the control of the court or grand jurythrough its introduction into the record of the case or proceeding.
(5) Upon the completion of the investigation for which anydocumentary material was produced under this chapter, and any case orproceeding arising from the investigation, the custodian shall return to theperson who produced the material all the material, other than copies of it madeby the custodian pursuant to this section, which has not passed into thecontrol of any court or grand jury through its introduction into the record ofthe case or proceeding.
(6) When any documentary material has been produced by anyperson under this chapter, and no case or proceeding arising from it has beeninstituted within a reasonable time after completion of the examination andanalysis of all evidence assembled in the course of the investigation, theperson is entitled, upon written demand made upon the custodian, to the returnof all documentary material. Provided, that no documentary material shall betendered, delivered, or made available to any other state, federal, ormunicipal agency.
(ii) Anyone who knowingly and willfully violates theprovision of this subdivision shall, in addition to any civil liability, bepunished by a fine of not more than five hundred dollars ($500) and/orimprisonment for no longer than one year.
(7) In the event of the death, disability, or separation fromservice of the custodian of any documentary material produced under any demandissued under this chapter or the official relief of the custodian fromresponsibility for the custody and control of the material, the attorneygeneral shall promptly designate another racketeering investigator to serve ascustodian of the documentary material, and transmit notice in writing to theperson who produced the material as to the identity and address of thedesignated successor. Any designated successor has all duties andresponsibilities as to the materials imposed by this chapter on his or herpredecessor in office as to them, except that he or she is not responsible forany default or dereliction which occurred before his or her designation ascustodian.
(k) Enforcement of investigative demands forproduction. Whenever any person fails to comply with any civilinvestigative demand served upon him or her under this chapter requiring theproduction of documentary material, or whenever satisfactory copying orreproduction of that material cannot be done, and the person refuses tosurrender the material, the attorney general may file in the superior court andserve upon the person a petition for an order of the court for the enforcementof the demand.
(l) Refusal of persons served to testify or producedocuments. Whenever any natural person neglects or refuses to attend andgive testimony or to answer any lawful inquiry or to produce documentarymaterial if in his or her power to do so in obedience to an investigativedemand served upon him or her under this chapter, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. Any natural person who commits perjuryor false swearing in response to an investigative demand pursuant to thissection is punishable pursuant to the provisions of chapter 33 of title 11.
(m) Motion to quash. Within twenty (20) days after theservice of an investigatory demand upon any person, or at any time before thereturn date specified in the demand, whichever period is shorter, the personserved may file in the superior court and serve upon the custodian a petitionfor an order of the court modifying or setting aside the demand. The timeallowed for compliance with the demand in whole or in part as deemed proper andordered by the court shall not run during the pendency of the petition in thecourt. The petition shall specify each ground upon which the petitioner reliesin seeking relief, and may be based on any failure of the demand to comply withthe provisions of this chapter or on any constitutional or other legal right orprivilege of the person.
(n) Right of persons producing documents. At any timeduring which any custodian is in custody or control of any documentary materialdelivered by any person in compliance with an investigatory demand, the personmay file in the superior court and serve upon the custodian a petition for anorder of the court requiring the performance by the custodian of any dutyimposed upon him or her by this chapter.
(o) Duty to testify. (1) If, in any investigationbrought by the attorney general pursuant to this section, any individualrefuses to attend or to give testimony or to produce documentary material or toanswer a written interrogatory in obedience to an investigative demand or underorder of court on the ground that the testimony or material required of him orher may tend to incriminate him, that person may be ordered to attend and togive testimony or to produce documentary material or to answer the writteninterrogatory, or to do an applicable combination of these. The above order isan order of court given after a hearing in which the attorney general hasestablished a need for the grant of immunity, as subsequently provided.
(2) The attorney general may petition the presiding justiceof the superior court for an order as described in subdivision (1) of thissubsection. The petition shall set forth the nature of the investigation andthe need for the immunization of the witness.
(3) Compelled testimony shall not be used against the witnessas evidence in any criminal proceedings against him or her in any court.However, the grant of immunity does not immunize the witness from civilliability arising from the transactions about which testimony is given, and heor she may nevertheless be prosecuted or subjected to penalty or forfeiture forany perjury, false swearing, or contempt committed in answering or in failingto answer or in producing evidence or failing to do so in accordance with theorder. If a person refuses to testify after being granted immunity fromprosecution and after being ordered to testify, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. The above does not prevent the attorneygeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.
§ 7-15-7 Investigative demands. – (a) Issuance. Whenever the attorney general has reasonable cause tobelieve that any person or enterprise has knowledge or is in possession,custody, or control of any documentary material pertinent to an investigationof a possible violation of this chapter, he or she may, prior to and/orfollowing the institution of a civil or criminal proceeding on the violation,issue in writing and cause to be served upon the person or enterprise a civilinvestigatory demand by which he or she may:
(1) Compel the attendance of the person and require him orher to submit to examination and give testimony under oath; and/or
(2) Require the production of documentary material pertinentto the investigation for inspection and/or copying; and/or
(3) Require answers under oath to written interrogatories.
(b) Power to issue. The power to issue investigativedemands does not abate or terminate by reason of the bringing of any action orproceeding under this chapter. The attorney general may issue successiveinvestigatory demands to the same person in order to obtain additionalinformation pertinent to an ongoing investigation.
(c) Confidentiality. In the event the attorney generalinitiates a civil investigatory demand prior to a criminal indictment forviolation of this chapter, then the commencement, contents, and results of thecivil investigatory demand is held in the strictest confidence by the attorneygeneral and shall remain so until the time that a civil action is commenced,indictment for violation of this chapter returned, or removal of theconfidentiality is ordered by a justice of the superior court.
(d) Contents of investigative demand. Eachinvestigatory demand shall:
(1) State the nature of the conduct constituting the allegedracketeering violation of this chapter which is under investigation and theprovisions of law applicable to the conduct;
(2) Prescribe a reasonable return date no less than twenty(20) days from the date of the investigative demand, provided that an earlierdate may be prescribed under compelling circumstances;
(3) Specify the time and place at which the person is toappear and give testimony, produce documentary material, and furnish answers tointerrogatories, or do any or a combination of the above;
(4) Identify the custodian to whom any documentary materialis to be made available;
(5) Describe by class any documentary material to be producedwith such definiteness and certainty as to permit the material to be fairlyidentified;
(6) Contain any interrogatories to which written answersunder oath are required; and
(7) Advise in writing the person upon whom the demand isserved that the material or statements may constitute a basis for prosecutionagainst the person.
(e) Prohibition against unreasonable demand. Noinvestigatory demand shall:
(1) Contain any requirement which would be unreasonable orimproper if contained in a subpoena or a subpoena duces tecum issued by a courtof this state; or
(2) Require the disclosure of any material which would beprivileged from disclosure if demanded by a subpoena or a subpoena duces tecumissued by a court of this state.
(f) Service of investigative demand. (1) Aninvestigative demand may be served by:
(i) Delivering an executed copy to the person to be served,or if the person is not a natural person, to any partner, executive officer,managing agent, general agent, or to any agent of the person authorized byappointment or by law to receive service of process on behalf of the person;
(ii) Delivering an executed copy to the principal office orplace of business of the person to be served; or
(iii) Mailing by certified mail, return receipt requested, anexecuted copy addressed to the person to be served, or if the person is not anatural person, addressed to its principal office or place of business in thisstate, or if it has none in this state, to its principal office or place ofbusiness.
(2) A verified return by the individual serving any demand orpetition setting forth the manner of service is prima facie proof of service.In the case of service by certified mail, the return shall be accompanied bythe return post office receipt of delivery of the demand.
(g) Authorization to examine. The examination of allpersons pursuant to this section shall be conducted by the attorney general ora representative designated in writing by him or her, before an officerauthorized to administer oaths in this state. The statements made shall betaken down stenographically or by a sound recording device and shall betranscribed.
(h) Rights of persons served with investigativedemands. Any person required to attend and give testimony or to submitdocumentary material pursuant to this section is entitled to retain, or, onpayment of lawfully prescribed cost, to procure, a copy of any document he orshe produces and of his or her own statements as transcribed. Any personcompelled to appear under a demand for oral testimony pursuant to this sectionmay be accompanied, represented, and advised by counsel. Counsel may advise theperson in confidence, either upon the request of the person or upon counsel'sown initiative, with respect to any question asked of the person. The person orcounsel may object on the record to any question, in whole or in part, andshall briefly state for the record the reason for the objection. An objectionmay properly be made, received, and entered upon the record when it is claimedthat the person is entitled to refuse to answer the question on grounds of anyconstitutional or other legal right or privilege, including the privilegeagainst self incrimination. The person shall not otherwise object to or refuseto answer any question, and shall not by him or herself or through counselinterrupt the oral examination. If the person refuses to answer any question,the attorney general may petition the superior court for an order compellingthe person to answer the question. The information and materials supplied tothe attorney general pursuant to an investigative demand are not permitted tobecome public or be disclosed by the attorney general or his or her employeesbeyond the extent necessary for legitimate law enforcement purposes pursuant tothis chapter.
(i) Witness expenses. All persons served with aninvestigative demand, other than those persons whose conduct or practices arebeing investigated or any officer, director, or person in the employment of theperson under investigation, are paid the same fees and mileage as paidwitnesses in the courts of this state. No person is excused from attending theinquiry pursuant to the mandate of an investigative demand or from givingtestimony, or from producing documentary material or from being required toanswer questions on the ground of failure to tender or pay a witness fee ormileage, unless demand for the witness fee or mileage is made at the timetestimony is about to be taken and unless payment of the witness fee or mileageis not made.
(j) Custody of documents. (1) The attorney generalshall designate, from within the department of attorney general, aninvestigator to serve as racketeer document custodian and any racketeeringinvestigators that he or she determines are necessary to serve as deputies tothat officer.
(2) Any person on whom any demand issued under this sectionhas been served shall make the material available for inspection and copying orreproduction to the custodian designated in the demand at the principal placeof business of the person, or at any other place that the custodian and theperson subsequently agree and prescribe in writing or as the court may direct,pursuant to this section on the return date specified in the demand, or on anylater date that the custodian may prescribe in writing. The person may, uponwritten agreement between the person and the custodian, substitute copies ofall or any part of the material for originals of the materials.
(3) The custodian to whom any documentary material isdelivered shall take physical possession of it, and is responsible for its useand for its return pursuant to this chapter. The custodian may cause thepreparation of any copies of the documentary material that are required forofficial use under regulations which are promulgated by the attorney general.While in the possession of the custodian, no material produced shall beavailable for examination, without the consent of the person who produced thematerial, other than for legitimate law enforcement purposes pursuant to thischapter. Under any reasonable terms and conditions that the attorney generalprescribes, documentary material while in the possession of the custodian shallbe available for examination by the person who produced the material or anyauthorized representatives of the person.
(4) Whenever any attorney has been designated to appear onbehalf of the state before any court or grand jury in any case or proceedinginvolving any alleged violation of this chapter, the custodian may deliver tothe attorney any documentary material in the possession of the custodian thatthe attorney determines to be required for use in the presentation of the caseor proceeding on behalf of the state. Upon the conclusion of any case orproceeding, the attorney shall return to the custodian any documentary materialwithdrawn which has not passed into the control of the court or grand jurythrough its introduction into the record of the case or proceeding.
(5) Upon the completion of the investigation for which anydocumentary material was produced under this chapter, and any case orproceeding arising from the investigation, the custodian shall return to theperson who produced the material all the material, other than copies of it madeby the custodian pursuant to this section, which has not passed into thecontrol of any court or grand jury through its introduction into the record ofthe case or proceeding.
(6) When any documentary material has been produced by anyperson under this chapter, and no case or proceeding arising from it has beeninstituted within a reasonable time after completion of the examination andanalysis of all evidence assembled in the course of the investigation, theperson is entitled, upon written demand made upon the custodian, to the returnof all documentary material. Provided, that no documentary material shall betendered, delivered, or made available to any other state, federal, ormunicipal agency.
(ii) Anyone who knowingly and willfully violates theprovision of this subdivision shall, in addition to any civil liability, bepunished by a fine of not more than five hundred dollars ($500) and/orimprisonment for no longer than one year.
(7) In the event of the death, disability, or separation fromservice of the custodian of any documentary material produced under any demandissued under this chapter or the official relief of the custodian fromresponsibility for the custody and control of the material, the attorneygeneral shall promptly designate another racketeering investigator to serve ascustodian of the documentary material, and transmit notice in writing to theperson who produced the material as to the identity and address of thedesignated successor. Any designated successor has all duties andresponsibilities as to the materials imposed by this chapter on his or herpredecessor in office as to them, except that he or she is not responsible forany default or dereliction which occurred before his or her designation ascustodian.
(k) Enforcement of investigative demands forproduction. Whenever any person fails to comply with any civilinvestigative demand served upon him or her under this chapter requiring theproduction of documentary material, or whenever satisfactory copying orreproduction of that material cannot be done, and the person refuses tosurrender the material, the attorney general may file in the superior court andserve upon the person a petition for an order of the court for the enforcementof the demand.
(l) Refusal of persons served to testify or producedocuments. Whenever any natural person neglects or refuses to attend andgive testimony or to answer any lawful inquiry or to produce documentarymaterial if in his or her power to do so in obedience to an investigativedemand served upon him or her under this chapter, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. Any natural person who commits perjuryor false swearing in response to an investigative demand pursuant to thissection is punishable pursuant to the provisions of chapter 33 of title 11.
(m) Motion to quash. Within twenty (20) days after theservice of an investigatory demand upon any person, or at any time before thereturn date specified in the demand, whichever period is shorter, the personserved may file in the superior court and serve upon the custodian a petitionfor an order of the court modifying or setting aside the demand. The timeallowed for compliance with the demand in whole or in part as deemed proper andordered by the court shall not run during the pendency of the petition in thecourt. The petition shall specify each ground upon which the petitioner reliesin seeking relief, and may be based on any failure of the demand to comply withthe provisions of this chapter or on any constitutional or other legal right orprivilege of the person.
(n) Right of persons producing documents. At any timeduring which any custodian is in custody or control of any documentary materialdelivered by any person in compliance with an investigatory demand, the personmay file in the superior court and serve upon the custodian a petition for anorder of the court requiring the performance by the custodian of any dutyimposed upon him or her by this chapter.
(o) Duty to testify. (1) If, in any investigationbrought by the attorney general pursuant to this section, any individualrefuses to attend or to give testimony or to produce documentary material or toanswer a written interrogatory in obedience to an investigative demand or underorder of court on the ground that the testimony or material required of him orher may tend to incriminate him, that person may be ordered to attend and togive testimony or to produce documentary material or to answer the writteninterrogatory, or to do an applicable combination of these. The above order isan order of court given after a hearing in which the attorney general hasestablished a need for the grant of immunity, as subsequently provided.
(2) The attorney general may petition the presiding justiceof the superior court for an order as described in subdivision (1) of thissubsection. The petition shall set forth the nature of the investigation andthe need for the immunization of the witness.
(3) Compelled testimony shall not be used against the witnessas evidence in any criminal proceedings against him or her in any court.However, the grant of immunity does not immunize the witness from civilliability arising from the transactions about which testimony is given, and heor she may nevertheless be prosecuted or subjected to penalty or forfeiture forany perjury, false swearing, or contempt committed in answering or in failingto answer or in producing evidence or failing to do so in accordance with theorder. If a person refuses to testify after being granted immunity fromprosecution and after being ordered to testify, he or she may be adjudged incivil contempt by the superior court until any time that he or she purges himor herself of contempt by testifying, producing documentary material orpresenting written answers as ordered. The above does not prevent the attorneygeneral from instituting other appropriate contempt proceedings against anyperson who violates any of the above provisions.
