67-2747. TREASURER TO MAKE NO PROFIT — PENALTY. The making of profit, directly or indirectly, by the state treasurer, out of any money in the state treasury, belonging to the state, the custody of which the state treasurer is charged with, by loaning or otherwise using it, or depositing the same in any manner contrary […]
67-2748. NEGLECT OF TREASURER A MISDEMEANOR — PENALTY. If the state treasurer shall willfully fail or refuse at any time to do or perform any act required of him by the state depository law, he shall be guilty of a misdemeanor, and upon conviction thereof, he shall be sentenced to pay a fine not exceeding […]
67-2749. BRIBERY OF TREASURER A FELONY — PENALTY. The offering, or giving, directly or indirectly, by any bank or depository, or by any officer or stockholder thereof, or by any other person or persons in its or their behalf, or by its or their knowledge, acquiescence or authority, or in its or their interest, to […]
67-2750. SHORT TITLE. This act shall be known and may be cited as the "Idaho Financial Fraud Prevention Act." History: [67-2750, added 2005, ch. 265, sec. 2, p. 810.]
67-2751. DEFINITIONS. As used in sections 67-2750 through 67-2762, Idaho Code: (1) "Act" or "Idaho Financial Fraud Prevention Act" means sections 67-2750 through 67-2762, Idaho Code. (2) "Department" means the Idaho department of finance. (3) "Director" means the director of the Idaho department of finance or his designee. (4) "Financial institution" means any state or […]
67-2752. FINANCIAL FRAUD ILLEGAL. It is unlawful for any person, directly or indirectly: (1) To employ any device, scheme or artifice to defraud a financial institution; (2) To obtain or attempt to obtain money, funds, credits, assets, securities, or other property owned by, or under the custody or control of a financial institution by means […]
67-2753. EMPLOYMENT OR AFFILIATION OF CERTAIN PERSONS. Except with the prior written consent of the director, no person who has been convicted of, or who has pled nolo contendre [contendere] to, any criminal offense involving dishonesty, breach of trust or fiduciary duty, or money laundering, or who has been granted a withheld judgment based on […]
67-2754. POWERS OF DIRECTOR. The director shall have the following powers and authority under this act: (1) Investigations. The director may make such public or private investigations within or without this state as he deems necessary to determine whether any person has violated this act or is attempting or conspiring to violate this act. The […]
67-2755. INJUNCTIONS — OTHER REMEDIES. Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, he may in his discretion: (1) Order the person to cease and desist from […]
67-2756. PRIVATE REMEDIES. (1) In the event a financial institution indemnifies its customer for damages caused by a violation of this act, or assumes the loss caused its customer by a violation of this act, the financial institution shall be entitled to sue the violator, at law or in equity, to recover any actual damages […]
67-2757. INSTITUTION OF CRIMINAL PROCEEDINGS. The director may refer such evidence as may be available concerning violations of this act or any rule or order hereunder to the attorney general, prosecuting attorney, United States attorney, county, state or federal law enforcement agency, or foreign law enforcement agency or prosecutor. Any county prosecuting attorney, or the […]
67-2758. CRIMINAL PENALTIES FOR VIOLATIONS — LIMITATION OF ACTIONS. (1) Any person who violates any provision of this act or who violates any rule or order hereunder, shall be guilty of a felony and, upon conviction, be fined not more than five thousand dollars ($5,000) or imprisoned not more than three (3) years, or both. […]
67-2759. CRIMINAL PUNISHMENT UNDER THIS ACT NOT EXCLUSIVE. Nothing in this act limits the power of the state or any other law enforcement agency to proceed against and punish any person for any conduct which constitutes a crime under any applicable law, statute, code or ordinance. History: [67-2759, added 2005, ch. 265, sec. 11, p. […]
67-2760. JUDICIAL REVIEW OF ORDERS. Any person aggrieved by a final order of the director may obtain judicial review of that order pursuant to the provisions of chapter 52, title 67, Idaho Code. History: [67-2760, added 2005, ch. 265, sec. 12, p. 815.]
67-2761. ADMINISTRATION OF ACT — RULES, FORMS AND ORDERS. The administration of the provisions of this act shall be under the general supervision and control of the director. The director may from time to time make, amend and rescind such rules, forms and orders as are necessary to carry out the provisions of this act. […]
67-2762. ADMINISTRATIVE PUBLIC HEARINGS — EXCEPTION. Every hearing in an administrative proceeding shall be public unless the director in his discretion grants a request that the hearing be conducted privately. History: [67-2762, added 2005, ch. 265, sec. 14, p. 816.]
