2019 US Virgin Islands Code
Title 14 - Crimes
Chapter 30 - Criminally Influenced and Corrupt Organizations Act
§ 612. Investigation by Attorney General

(a) Whenever any person is reasonably suspected to have engaged in, or to be engaging in, or about to engage in any conduct constituting a violation of any of the provisions of section 605 [Violations] of this chapter the Attorney General may, in his discretion, conduct an investigation of the conduct. The Attorney General is authorized before the commencement of and during any civil or criminal proceeding or action under this chapter to subpoena witnesses, compel their attendance, examine them under oath, or to require the production of any books, documents, records, writings, recordings or tangible things (hereinafter referred to as “documentary material”) relevant or material to the investigation, for inspection, reproducing, and/or copying.

(b) Service of subpoena of the Attorney General under this paragraph may be made by:

• (1) delivery of a duly executed copy of it to the person to be served, or, if a person is not a natural person, to the principal place of business of the person to be served; or

• (2) mailing by certified mail, return receipt requested, a duly executed copy of it addressed to the person to be served at his principal place of business in this Territory, or, if the person has no place of business in this Territory, to his principal office.

(c) Any subpoena issued by the Attorney General under this section shall contain the following information:

• (1) the nature of the conduct constituting the suspected violation that is under investigation and the provision of law applicable to it;

• (2) the date, not less than ten days from the date of service of the subpoena, and the place where the person is required to appear or produce documentary material in his possession, custody, or control; and

• (3) a description by class of any documentary material required to be produced, that indicates the material demanded.

(d) When documentary material is demanded by subpoena, the subpoena shall not contain any requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court in this Territory.

(e) The production of documentary material in response to a subpoena served under this section shall be made under a sworn certificate, in such form as the subpoena designates, by the person, if a natural person, to whom the demand is directed, or, if not a natural person, by a person having knowledge of the facts and circumstances relating to the production, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian and that he has not destroyed, secreted or otherwise disposed of any documentary material for the purpose of avoiding compliance with the subpoena.

(f) The Attorney General may in his discretion require the production under this section of documentary material prior to the taking of any testimony of the person subpoenaed. The required documentary material shall be made available for inspection or copying at such time and place as the Attorney General reasonably designates.

(g) The examination of all witnesses under this subsection shall be conducted by the Attorney General before an officer authorized to administer oaths in this Territory. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The Attorney General may exclude from the place where the examination is being held all persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. Any person compelled to appear under a demand for oral testimony under this chapter may be accompanied, represented, and advised by counsel. The examination shall be conducted in a manner consistent with Title 5 of the Virgin Islands Code.

(h) While in the possession of the Attorney General and under such reasonable terms and conditions as the Attorney General shall prescribe:

• (1) Documentary material shall be available for examination by the person who produced the material or by any duly authorized representative of the person; and

• (2) Transcripts of oral testimony shall be made available for examination by the person who produced such testimony, or his counsel, upon payment of any costs for transcription or copying.

(i) No person served with a subpoena by the Attorney General under this section shall be paid the same fees and mileage as paid witnesses in the courts of this Territory.

(j) No person shall, with intent to avoid, evade, prevent or obstruct compliance, in whole or in part, by any person with any duly served subpoena of the Attorney General under this section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material that is the subject of the subpoena. A violation of this subsection is a felony constituting obstruction of justice as provided in Title 14, chapter 75 of the Virgin Islands Code. The Attorney General shall investigate suspected violations of this subsection and shall commence and maintain all prosecutions under this subsection.

(k) In the event a witness served with a subpoena by the Attorney General under this section fails or refuses to appear or to produce documentary material as provided by it, or to give testimony relevant or material to the investigation, the Attorney General may petition the court of the judicial subdivision where the witness resides for an order requiring the witness to attend and to testify or to produce the documentary material. Any failure or refusal by the witness to obey such a court order shall be punishable as contempt.