The Independent Prosecutor shall have the exclusive authority to investigate and prosecute:
(a) any person or entity, whether private or public, and any official of the national, state or local government for the commission of any national offense relating to misuse of national funds;
(b) any official of the National Government for the commission of any national offense involving public corruption or public corruption crimes.
(c) any person for any offense of obstruction or perjury committed in connection with an investigation or prosecution by the Independent Prosecutor under subsection (a) and/or subsection (b) of this Section.
(d) All prosecutions under this Title shall be subject to the statutory limitations under section 105 of title 11 of the Code of the Federated States of Micronesia (Annotated)
(e) All prosecutions for any national offense under this Title shall only be filed in the FSM Supreme Court in the name of the "Office of the Independent Prosecutor".
Source: PL 23-143; Line 22 - 21; Section 14; Page 8 of 13 to Page 9 of 13.
(a) The Independent Prosecutor has the authority to issue subpoenas to compel the testimony of witnesses upon the opening of a formal investigation to appear at a reasonable time before him or her, and administer oaths to such persons. The Independent Prosecutor may question such persons, under oath, regarding receipts and expenditures of money, and any other reasonable and relevant matters necessary for the due execution of the duties vested in the Independent Prosecutor.
(b) The Independent Prosecutor may issue subpoenas duces tecum within a reasonable time requiring the production of books, records, documents, or other relevant papers or objects necessary for the performance of his duties.
(c) Any person who willfully fails or refuses to appear upon receiving service of a subpoena, or whwillfully fails or refuses to produce any books records, documents, or other relevant papers or objects designated in a subpoena duces tecum properly issued by the Independent Prosecutor, upon conviction by the FSM Supreme Court for obstruction, shall be fined not more than $2,000, or imprisoned for not more than one year, or both. Failure by the Independent Prosecutor to comply in any material respect with the requirements of this Section shall be a defense in any proceeding against such person for punishment. Any person subject to a subpoena duces tecum shall have only those privileges against producing books, records, documents, or other relevant financial papers or objects which are authorized under the FSM Supreme Court Rules of Evidence and the FSM Constitution.
Source: PL 23-143; Line 22 - 6; Section 14; Page 9 of 13 to Page 11 of 13.
(a) The Independent Prosecutor has the authority to effect lawful search and seizure. For this purpose, the Independent Prosecutor shall apply to the FSM Supreme Court for the issuance of a warrant for search and seizure.
(b) The application referred to in subsection (a) shall be made in accordance with the rules of the FSM Supreme Court.
Source: PL 23-143; Line 7 - 18; Section 15; Page 11 of 13.