New Jersey § 52:13c-36

§ 52:13c-36.

a. When it shall appear to the commission that a person required to file any statement

under this act, as amended and supplemented, has failed to file such required statement,

or has filed a statement false, inaccurate or incomplete in any material matter, or

has otherwise violated the provisions of this act, as amended and supplemented; or

when the commission believes it to be in the public interest that an investigation

should be made to ascertain whether a person has in fact violated any of the provisions

of this act, as amended and supplemented, it may apply to the Superior Court for an

order or orders directing: (1) That any such person or persons make available to the commission's inspection,

or to the inspection of any of its authorized deputies or agents, such records as

are required to be kept by that person pursuant to section 7 of P.L.1971, c. 183 ( C.52:13C-24 ); or (2) That any such person file a statement or report in writing under oath concerning

the facts and circumstances upon which the commission's belief in the necessity of

an investigation is based; or (3) That any person submit to examination under oath by the commission in connection

with said circumstances, and produce any and all records, books and other documents

which may be specified by order of the court; or (4) That the commission may impound any record, book or other documents specified

by order of the court. b. Such application by the commission shall set forth all the facts and circumstances

upon which its belief in the necessity of an investigation is based. The court may proceed on such application in a summary manner; and if the court

determines that from the evidence submitted it appears that a person required to file

any statement under this act, as amended and supplemented, has failed to file such

statement, or has filed a statement false, inaccurate or incomplete in any material

respect, or has otherwise violated any of the provisions of this act, as amended and

supplemented, or that it is in the public interest that an investigation be held to

determine whether such violation has occurred, the court shall issue such order pursuant

to subsection a. of this section as it may deem necessary and proper. c. The commission shall hold as confidential all statements, books, records, testimony

and other information or sources of information coming into its possession or knowledge

as a result of an investigation pursuant to this section and shall not disclose or

divulge any such materials or information to anyone except the court under whose order

such material or information comes into its knowledge or possession, unless the court

shall order its disclosure to a grand jury of this State or other appropriate authorities

for the purposes of enforcing the provisions of this act, as amended and supplemented,

or any other law. d. If any person shall refuse to testify or produce any book, paper or other document

in any proceeding under this section as ordered by the court on the grounds that the

testimony or evidence, documentary or otherwise, which is required of him may tend

to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture,

and shall, notwithstanding, be directed to testify or to produce such book, paper

or document, he shall comply with such direction. A person who is entitled by law to assert such privilege, and does so assert, and

thereafter complies with such direction, shall not thereafter be prosecuted or subjected

to any penalty or forfeiture in any criminal proceeding which arises out of and relates

to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury

on false swearing committed by him in giving such testimony. e. In any action brought under this section, the court may award to the State all

costs of investigation and trial, including a reasonable attorney's fee to be fixed

by the court. If costs are awarded in such an action brought against a governmental affairs agent, the judgment may be awarded against the governmental affairs agent, and the governmental affairs agent's employer or employers joined as defendants, jointly, severally, or both. If the defendant prevails, he shall be awarded all costs of trial, and may be awarded

a reasonable attorney's fee to be fixed by the court and paid by the State of New

Jersey.