(1)The securities commissioner may
make such public or private investigations within or outside of this state as the
securities commissioner deems necessary to determine whether any person has
violated or is about to violate any provision of this article or any rule or order under
this article or to aid in the enforcement of this article or in the prescribing of rules
and forms under this article, may require or permit any person to file a statement as
to all the facts and circumstances concerning the matter to be investigated, and
may publish information concerning any violation of this article or any rule or order
under this article.
(2)For the purpose of any investigation or proceeding under this article, the
securities commissioner or any officer designated by the securitie
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(1) The securities commissioner may
make such public or private investigations within or outside of this state as the
securities commissioner deems necessary to determine whether any person has
violated or is about to violate any provision of this article or any rule or order under
this article or to aid in the enforcement of this article or in the prescribing of rules
and forms under this article, may require or permit any person to file a statement as
to all the facts and circumstances concerning the matter to be investigated, and
may publish information concerning any violation of this article or any rule or order
under this article.
(2) For the purpose of any investigation or proceeding under this article, the
securities commissioner or any officer designated by the securities commissioner
may administer oaths and affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records which the
securities commissioner deems relevant or material to the inquiry.
(3) In case of contumacy by, or refusal to obey a subpoena issued to, any
person, the district court of the city and county of Denver, upon application by the
securities commissioner, may issue to the person an order requiring that person to
appear before the securities commissioner, or the officer designated by the
securities commissioner, to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question. Failure to obey the
order of the court may be punished by the court as a contempt of court.
(4) No person is excused from attending and testifying or from producing
any document or record before the securities commissioner, or in obedience to the
subpoena of the securities commissioner or any officer designated by the securities
commissioner, or in any proceeding instituted by the securities commissioner on the
ground that the testimony or evidence, documentary or otherwise, required of that
person may tend to incriminate that person or subject that person to a penalty or
forfeiture; but no document, evidence, or other information compelled under order
of the district court of the city and county of Denver, or any information directly or
indirectly derived from such document, evidence, or other information, may be used
against an individual so compelled in any criminal case; except that the individual
testifying is not exempt from prosecution and punishment for perjury in the first or
second degree or contempt committed in testifying.
(5) (a) Information in the possession of, filed with, or obtained by the
securities commissioner in connection with a private investigation under this
section shall be confidential. No such information may be disclosed by the
securities commissioner or any of the officers or employees of the division of
securities unless necessary or appropriate in connection with a particular
investigation or proceeding under this article or for any law enforcement purpose.
(b) As it relates solely to the preservation of the confidentiality of
documents and other information obtained by the securities commissioner or any
officer or employee of the division of securities pursuant to this section, the division
of securities shall be construed as a criminal justice agency as defined in section
24-72-302 (3), C.R.S., and such documents and other information shall be treated
as criminal justice records as defined in section 24-72-302 (4), C.R.S.
(c) Except as set forth in this subsection (5), no provision of this article either
creates or derogates from any privilege which exists at common law or otherwise
when documentary or other evidence is sought under a subpoena directed to the
securities commissioner or any of the officers or employees of the division of
securities.