As Amended
SEC. 7-5-59. Investigation of official corruption and other white collar crimes.
(1) The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:
(a) "White-collar crime and official corruption" includes crimes chargeable under the following provisions of law:
(i) Paragraphs (b) and (c) of Section 7-5-59 (4), which relates to obstruction of white-collar crime investigations.
(ii) Section 97-7-10, which relates to the defrauding of state and local governments.
(iii) Section 97-19-73, which relates to fraud by mail, wire, radio or television.
(iv) Section 97-9-10, which relates to commercial bribery.
(v) Section 97-45-3, which relates to computer fraud.
(vi) Sections 97-11-25 through 97-11-31, which relate to embezzlement by public officials.
(vii) Section 97-11-33, which relates to extortion by public officials.
(viii) Sections 97-19-5 through 97-19-31, which relate to unlawful procurement or use of credit cards.
(ix) Sections 97-23-1 and 97-23-3, which relate to false, misleading or deceptive advertising.
(x) Sections 97-15-3 and 97-15-5, which relate to bribery of members and employees of the Highway Commission
and the defrauding of the state by Highway Commission members, employees or highway contractors.
(xi) Section 97-9-5, which relates to bribery of jurors.
(xii) Sections 97-11-11, 97-11-13 and 97-11-53, which relate to acceptance of bribes by public officials and bribery
of public officials.
(xiii) Sections 97-13-1 and 97-13-3, which relate to bribery of electors or election officials.
(xiv) Sections 97-23-19 through 97-23-27, which relate to embezzlement.
(b) "White-collar crime investigations" means an investigation into any illegal act or acts defined as white-collar
crime.
(c) "Person" means and includes not only an individual, but also a partnership, corporation, professional firm,
nonprofit organization or other business entity.
(2) The Attorney General is hereby authorized to conduct official corruption investigations and such other
white-collar crime investigations that are of statewide interest or which are in the protection of public rights.
(3)(a) In conducting white-collar crime investigations, the Attorney General shall have the authority to issue and
serve subpoenas to any person in control of any designated documents for the production of such documents,
including but not limited to, writings, drawings, graphs, charts, photographs, phono-records and other data
compilations from which information can be obtained, or translated through detection devices into reasonably
usable form. Such subpoenas shall require the named person, his agent or attorney, to appear and deliver the
designated documents to a location in the county of his residence unless the court for good cause shown directs
that the subpoena be issued for the person to deliver such documents to a location outside of the county of his
residence. Mere convenience of the Attorney General shall not be considered good cause. The Attorney General
or his designee shall have the authority to inspect and copy such documents. Such subpoenas shall be issued only
upon the ex parte and in camera application of the Attorney General to the circuit or chancery court of the county
of residence of the person in control of the documents or the circuit or chancery court of the county where the
person in control of the documents may be found, and only upon a showing that the documents sought are
relevant to a criminal investigation under this act or may lead to the discovery of such relevant evidence.
Thereafter said court shall have jurisdiction to enforce or quash such subpoenas and to enter appropriate orders
thereon, and nothing contained in this section shall affect the right of a person to assert a claim that the
information sought is privileged by law.
You are advised that the ________Court of the ________Judicial District of _________County, Mississippi has
approved the ex parte and in camera application of the Attorney General to issue this subpoena, and jurisdiction to
enforce and/or quash the subpoena and to enter appropriate orders thereon is statutorily vested in the said court;
enforcement and penal provisions applicable to an Attorney General's investigation include those set forth in
Section 7-5-59 (4), Mississippi Code of 1972; and disclosure of testimony and/or records coming into possession of
the Attorney General pursuant to this subpoena shall be limited by and subject to the provisions of Section
7-5-59 (6), Mississippi Code of 1972, (for informational purposes, these cited statutes are reproduced on the reverse
side of this subpoena).
You may wish to consult an attorney in regard to this subpoena. You have certain state and federal constitutional
rights, including your protection against self-incrimination and unreasonable search and seizure which this
subpoena may affect.
the ___day of ____, 19__.
(SEAL)________________________________
made and kept by the Attorney General and subject only to such disclosure as may be authorized pursuant to the
provisions of this section.
(4) Enforcement and penal provisions applicable to an investigation under this section shall include the following:
(a) If a person who has been served with a subpoena, which has been issued and served upon him in accordance
with the provisions of this section, shall fail to deliver or have delivered the designated documents at the time and
place required in the subpoena, on application of the Attorney General the circuit or chancery court having
approved the issuance of the subpoena may issue an attachment for such person, returnable immediately, or at
such time and place as the court may direct. Bond may be required and fine imposed and proceedings had
thereon as in the case of a subpoenaed witness who fails to appear in circuit or chancery court.
(b) Every person who shall knowingly and willfully obstruct, interfere with or impede an investigation under this
section by concealing or destroying any documents, papers or other tangible evidence which are relevant to an
investigation under this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not
more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both such
fine and imprisonment.
(c) Every person who shall knowingly and willfully endeavor, by means of bribery, force or intimidation, to
obstruct, delay or prevent the communication of information to any agent or employee of the office of the
Attorney General or who injures another person for the purpose of preventing the communication of such
information or an account of the giving of such information relevant to an investigation under this section shall be
guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars
($5,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(d) The provisions of paragraphs (a), (b) and (c) of this subsection shall not prohibit the enforcement of, or
prosecution under, any other statutes of this state.
(5)(a) If any person shall refuse, or is likely to refuse, on the basis of his privilege against self-incrimination, produce
the designated documents as requested by a subpoena issued under this section or issued by a court, the Attorney
General may request the court, ex parte and in camera, to issue an order requiring such person to produce the
documents information which he refuses to give or provide on the basis of his privilege against self-incrimination.
The Attorney General may request said order under this subsection when, in his judgment:
(i) The documents sought from such individual may be necessary to the public interest; and
(ii) Such individual has refused or is likely to refuse to produce the designated document on the basis of his
privilege against self-incrimination.
Following such request, an order shall issue in accordance with this section requiring such person to produce the
documents which he refuses to produce on the basis of his privilege against self-incrimination.
(b) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to produce documents, and
the court issues to the witness an order under paragraph (a) of this subsection, the witness may not refuse to
comply with the order on the basis of his privilege against self-incrimination, but no documents or information
compelled under the aforesaid order, or any information directly or indirectly derived from such documents may
be used against the witness in any criminal proceeding, except a prosecution for perjury, giving a false statement,
or otherwise failing to comply with the order.
(6) Documents in the possession of the Attorney General gathered pursuant to the provisions of this section and
subpoenas issued by him shall be maintained in confidential files with access limited to prosecutorial and other
law enforcement investigative personnel on a "need to know" basis and shall be exempt from the provisions of the
Mississippi Public Records Act of 1983, except that upon the filing of an indictment or information, or upon the
filing of an action for recovery of property, funds or fines, such documents shall be subject to such disclosure as
may be required pursuant to the applicable statutes or court rules governing the trial of any such judicial
proceeding.
(7) No person, including the Attorney General, a member of his staff, prosecuting attorney, law enforcement
officer, witness, court reporter, attorney or other person, shall disclose to an unauthorized person documents,
including subpoenas issued and served, gathered by the Attorney General pursuant to the provisions of this
section, except that upon the filing of an indictment or information, or upon the filing of an action for recovery of
property, funds or fines, or in other legal proceedings, such documents shall be subject to such disclosure as may
be required pursuant to applicable statutes and court rules governing the trial of any such judicial proceeding. In
event of an unauthorized disclosure of any such documents gathered by the Attorney General pursuant to the
provisions of this section, the person making any such unauthorized disclosure shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or
imprisonment of not more than six (6) months, or by both such fine and imprisonment.
(8) The powers of the Attorney General under this section shall not diminish the powers of local authorities to
investigate or prosecute any type of white-collar crime violation or any other criminal conduct within their
respective jurisdictions, and the provisions of this section shall be in addition to the powers and authority
previously granted the Attorney General by common, constitutional, statutory or case law.
SOURCES: Former Sec. 7-5-59 [Codes, 1942, Sec. 3828-11; Laws, 1964, ch. 331; 1968, ch. 358, Sec. 1] Repealed by Laws, 1981, Sec. 58. New Sec. 7-5-59 enacted by Laws, 1988, ch. 511, Sec. 1, eff from and after July 1, 1988.