Page:United States Statutes at Large Volume 124.djvu/1472

 124 STAT. 1446 PUBLIC LAW 111–203—JULY 21, 2010 (C) CRIMINAL PENALTIES.—A person who recklessly dis- closes a determination of the Secretary under section 203(b) or a petition of the Secretary under subparagraph (A), or the pendency of court proceedings as provided for under subparagraph (A), shall be fined not more than 250,000, or imprisoned for not more than 5 years, or both. (2) APPEAL OF DECISIONS OF THE DISTRICT COURT.— (A) APPEAL TO COURT OF APPEALS.— (i) IN GENERAL.—Subject to clause (ii), the United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction of an appeal of a final decision of the Court filed by the Secretary or a covered financial company, through its board of directors, not- withstanding section 210(a)(1)(A)(i), not later than 30 days after the date on which the decision of the Court is rendered or deemed rendered under this subsection. (ii) CONDITION OF JURISDICTION.—The Court of Appeals shall have jurisdiction of an appeal by a cov- ered financial company only if the covered financial company did not acquiesce or consent to the appoint- ment of a receiver by the Secretary under paragraph (1)(A). (iii) EXPEDITION.—The Court of Appeals shall con- sider any appeal under this subparagraph on an expe- dited basis. (iv) SCOPE OF REVIEW.—For an appeal taken under this subparagraph, review shall be limited to whether the determination of the Secretary that a covered financial company is in default or in danger of default and satisfies the definition of a financial company under section 201(a)(11) is arbitrary and capricious. (B) APPEAL TO THE SUPREME COURT.— (i) IN GENERAL.—A petition for a writ of certiorari to review a decision of the Court of Appeals under subparagraph (A) may be filed by the Secretary or the covered financial company, through its board of directors, notwithstanding section 210(a)(1)(A)(i), with the Supreme Court of the United States, not later than 30 days after the date of the final decision of the Court of Appeals, and the Supreme Court shall have discretionary jurisdiction to review such decision. (ii) WRITTEN STATEMENT.—In the event of a peti- tion under clause (i), the Court of Appeals shall imme- diately provide for the record a written statement of each reason for its decision. (iii) EXPEDITION.—The Supreme Court shall con- sider any petition under this subparagraph on an expe- dited basis. (iv) SCOPE OF REVIEW.—Review by the Supreme Court under this subparagraph shall be limited to whether the determination of the Secretary that the covered financial company is in default or in danger of default and satisfies the definition of a financial company under section 201(a)(11) is arbitrary and capricious. (b) ESTABLISHMENT AND TRANSMITTAL OF RULES AND PROCE- DURES.— Records. Deadline. Deadline.