Section 5-3A-6 Examination of witnesses and production of documents; penalties for false entry or statement.
Section 5-3A-6
Examination of witnesses and production of documents; penalties for false entry or statement.
The superintendent and every examiner acting under the superintendent may administer oaths and may examine under oath any person whose testimony may be required on the examination of any bank, on the examination of any affiliate of a bank, or on the examination of any agency of any foreign bank and shall have authority and power to compel the appearance and attendance of any such person or the production of any records and documents of any bank, any affiliate of a bank, or any agency of a foreign bank for the purpose of any examination and attendance or production may be enforced by order of a circuit court. Production of records and documents or testimony, whether or not made under oath, required by the superintendent on the examination of any bank shall not constitute a waiver by the bank, or by any director, officer, employee, advisor, consultant, attorney, or accountant of or for the bank, of any attorney-client privilege or other privilege to which they may be entitled under law. Any officer, director, agent, or employee of any bank, any affiliate of any bank, or any agency of any foreign bank who (1) makes any false entry in any book, report, or statement of such bank, affiliate of such bank, or agency of such foreign bank or (2) makes a false statement, whether or not made under oath, to the superintendent, an examiner acting under the superintendent, or to any officer of such bank, affiliate of any bank, or agency of any foreign bank with intent to injure or defraud such bank, affiliate, or agency or with the intent to influence in any way the action of the superintendent or an examiner acting under the superintendent, shall be subject to removal or imposition of civil money penalties by the superintendent as provided in this title. Any action of the superintendent or examiner acting under the superintendent taken in reliance upon such false entry or statement may be rescinded and withdrawn. In taking an action to remove or impose civil money penalties upon any officer, director, or employee of any bank, any affiliate of any bank, or any agency of any foreign bank under this section, the superintendent and Banking Board shall not be required to establish that the bank, affiliate of the bank, or agency of a foreign bank suffered or probably will suffer financial loss and shall not be required to establish that the superintendent or examiner acting under the superintendent was influenced by such false entry or statement.
(Acts 1980, No. 80-658, §5-3-6; Act 2007-224, p. 284, §1.)