15 U.S.C. § 6309

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6309 - Enforcement

(a) Injunctions

Whenever the Attorney General of the United States has reasonable cause to believe that a person is engaged in a violation of this chapter, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person, as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional boxing match in violation of this chapter.

(b) Criminal penalties

(1) Managers, promoters, matchmakers, and licensees

Any manager, promoter, matchmaker, and licensee who knowingly violates, or coerces or causes any other person to violate, any provision of this chapter, other than section 6307a(b),¹ 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title, shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both.

(2) Violation of antiexploitation, sanctioning organization, or disclosure provisions

Any person who knowingly violates any provision of section 6307a(b),¹ 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title shall, upon conviction, be imprisoned for not more than 1 year or fined not more than-

(A) $100,000; and

(B) if a violation occurs in connection with a professional boxing match the gross revenues for which exceed $2,000,000, an additional amount which bears the same ratio to $100,000 as the amount of such revenues compared to $2,000,000, or both.

(3) Conflict of interest

Any member or employee of a boxing commission, any person who administers or enforces State boxing laws, and any member of the Association of Boxing Commissions who knowingly violates section 6308(a) of this title shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both.

(4) Boxers

Any boxer who knowingly violates any provision of this chapter shall, upon conviction, be fined not more than $1,000.

(c) Actions by States

Whenever the chief law enforcement officer of any State has reason to believe that a person or organization is engaging in practices which violate any requirement of this chapter, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States-

(1) to enjoin the holding of any professional boxing match which the practice involves;

(2) to enforce compliance with this chapter;

(3) to obtain the fines provided under subsection (b) or appropriate restitution; or

(4) to obtain such other relief as the court may deem appropriate.

(d) Private right of action

Any boxer who suffers economic injury as a result of a violation of any provision of this chapter may bring an action in the appropriate Federal or State court and recover the damages suffered, court costs, and reasonable attorneys fees and expenses.

(e) Enforcement against Federal Trade Commission, State Attorneys General, etc.

Nothing in this chapter authorizes the enforcement of-

(1) any provision of this chapter against the Federal Trade Commission, the United States Attorney General, or the chief legal officer of any State for acting or failing to act in an official capacity;

(2) subsection (d) of this section against a State or political subdivision of a State, or any agency or instrumentality thereof; or

(3) section 6307b of this title against a boxer acting in his capacity as a boxer.

¹So in original. Section 6307a does not contain a subsec. (b).

15 U.S.C. § 6309

Pub. L. 104-272, §18, formerly §10, Oct. 9, 1996, 110 Stat. 3312; renumbered §18 and amended Pub. L. 106-210, §§4(1), May 26, 2000, 6, May 26, 2000, 114 Stat. 322, 326.

EDITORIAL NOTES

AMENDMENTS2000-Subsec. (b)(1). Pub. L. 106-210, §6(1), inserted ", other than section 6307a(b), 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title," after "this chapter".Subsec. (b)(2). Pub. L. 106-210, §6(3), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3), (4). Pub. L. 106-210, §6(2), (4), redesignated pars. (2) and (3) as (3) and (4), respectively, and in par. (3) substituted "section 6308(a)" for "section 6308".Subsecs. (c) to (e). Pub. L. 106-210, §6(5), added subsecs. (c) to (e).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Jan. 1, 1997, see section 23 of Pub. L. 104-272 set out as a note under section 6301 of this title.

State: The term "State" means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands.
boxer: The term "boxer" means an individual who fights in a professional boxing match.
boxing commission: The term "boxing commission" means an entity authorized under State law to regulate professional boxing matches.
licensee: The term "licensee" means an individual who serves as a trainer, second, or cut man for a boxer.
manager: The term "manager" means a person who receives compensation for service as an agent or representative of a boxer.
matchmaker: The term "matchmaker" means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match.
professional boxing match: The term "professional boxing match" means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by an amateur sports organization.
promoter: The term "promoter" means the person primarily responsible for organizing, promoting, and producing a professional boxing match. The term "promoter" does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match unless-(A) the hotel, casino, resort, or other commercial establishment is primarily responsible for organizing, promoting, and producing the match; and(B) there is no other person primarily responsible for organizing, promoting, and producing the match.
sanctioning organization: The term "sanctioning organization" means an organization that sanctions professional boxing matches in the United States-(A) between boxers who are residents of different States; or(B) that are advertised, otherwise promoted, or broadcast (including closed circuit television) in interstate commerce.