Administrator Powers
Chapters in this video
- 0:00 The subpoena game: investigations and enforcement gaps
- 1:36 Contumacy and the court enforcement requirement
- 2:52 Cease and desist orders: the unilateral tool
- 3:16 Cross-border subpoenas and the dual-illegality test
- 3:45 The immunity bargain: transactional vs. use immunity
- 5:19 When Stan needs court: injunctions and the no-bond rule
- 6:30 Criminal penalties: the 5-3-5 sequence
- 7:18 The ignorance carve-out and misleading filing knowledge
- 8:07 Rapid-fire exam recap
What this video covers
- Why the Administrator can investigate inside or outside the state, demand statements under oath or not, and issue subpoenas, yet still cannot kick down a door to enforce one
- The exact escalation pipeline: investigation, subpoena issuance, contumacy, then court application for enforcement, and finally contempt of court
- How cease and desist orders work as an immediate, unilateral Administrator tool with or without a prior hearing
- The dual-illegality test for cross-border cooperation: the assisting Administrator applies their own state law, not the requesting state's law
- Why transactional immunity (not use immunity) attaches when a witness claims the privilege against self-incrimination and is then compelled to testify
- The three numbers of criminal penalties: $5,000 maximum fine, 3 years maximum imprisonment, 5-year statute of limitations, and when ignorance of the rule eliminates prison time
- Why the Administrator never posts a bond for injunctive relief, and the specific knowledge requirement that sets misleading filings apart from other violations
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