Coast Guard and if that officer shall find that such licensed officer or holder of certificate of service is incompetent or has been guilty of misbehavior, negligence, or unskillfulness, or has endangered life, or has willfully violated any of the provisions of title 52 of the Revised Statutes or any of the regulations issued thereunder, he shall, in a written order reciting said findings, suspend or revoke the license or certificate of service of such officer or holder of such certificate. The person whose license or certificate of service is suspended or revoked may within thirty days appeal from the order to the Commandant of the Coast Guard. On such appeal the appellant shall be allowed to be represented by counsel. The Commandant of the Coast Guard may alter or modify any finding of the investigation, but the decision of the Commandant shall be based solely on the testimony received by the said investigation and shall recite the findings of fact on which it is based. Evidence of criminal liability; transmission to Attorney General; prosecutions 46 U.S.C. 239 (h) (R.S. 4450) If the Commandant of the Coast Guard shall find evidence of criminal liability on the part of any licensed officer or holder of a certificate of service, he shall refer all of the evidence and the findings in such investigation to the Attorney General for investigation by and prosecution through the Federal district attorney of the district having jurisdiction, under the provisions of the Criminal Code. Nothing in this section shall be construed as prohibiting the Federal district attorney from conducting a criminal investigation or prosecution in connection with a shipping casualty. Coercion or bribery of witness; penalty; prosecution 46 U.S.C. 239 (i) (R.S. 4450) Any attempt to coerce any witness, or to induce them to testify falsely in connection with a shipping casualty, or to induce them to leave the jurisdiction of the United States, shall be punishable by a fine of $5,000 or imprisonment for one year, or both such fine and imprisonment. Any person making such attempts shall be prosecuted by the United States attorney of the district having jurisdiction. Rules and regulations 46 U.S.C. 239 (j) (R.S. 4450) The Commandant of the Coast Guard shall make such regulations as may be necessary to secure the proper administration of this section. Influencing or injuring witness before agencies and committees 18 U.S.C. 1505 Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress; or Whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein, or; Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress Shall be fined not more than $5,000 or imprisoned not more than five years, or both. APPENDIX TABLE A-REVISED STATUTES OF THE UNITED STATES 46 U.S.C. 399_ 4422. 46 U.S.C. 361. 46 U.S.C. 364. Repealed June 30, 1932. Repealed July 16, 1946. Repealed July 16, 1946. 46 U.S.C. 391a. 46 U.S.C. 392. 46 U.S.C. 393. Repealed Mar. 3, 1905. Repealed Oct. 9, 1940. Page No. 21 21 23 4 7 26 27 48 49 52 53, 69 |