US Lawyer Database

23-19-7-1. “Commissioner”

Sec. 1. As used in this chapter, “commissioner” refers to the securities commissioner appointed by the secretary of state under IC 23-19-6-1(a). As added by P.L.85-2012, SEC.6.

23-19-7-2. “Division”

Sec. 2. As used in this chapter, “division” refers to the securities division of the office of the secretary of state. As added by P.L.85-2012, SEC.6.

23-19-7-3. “Fund”

Sec. 3. As used in this chapter, “fund” refers to the securities restitution fund established by IC 23-20-1-25. As added by P.L.85-2012, SEC.6.

23-19-7-4. “Informant”

Sec. 4. (a) As used in this chapter, “informant” means an individual who provides original information concerning a violation of this article to the division. (b) The term does not include an individual who is: (1) a journalist, a reporter, or any other member of the news media if the individual discovers or acquires the […]

23-19-7-5. “Monetary Sanction”

Sec. 5. As used in this chapter, “monetary sanction” refers to money required to be paid under this article as the result of a judicial or an administrative action, including any penalties imposed or amounts ordered through an order of disgorgement. However, the term does not include any amounts ordered or identified as restitution. As […]

23-19-7-6. “Original Information”

Sec. 6. As used in this chapter, “original information” means information that: (1) is provided to the division by an informant; (2) is derived from the independent knowledge or analysis of the informant; (3) is not known to or derived by the informant exclusively from: (A) an allegation made in a judicial or an administrative […]

23-19-7-7. Award to Informant for Original Information Leading to Successful Enforcement Action; Commissioner to Determine Amount; Award to Be Paid From Fund; Limit on Aggregate Amount of Awards

Sec. 7. (a) Except as provided in section 9 of this chapter, and subject to subsection (b) and section 8 of this chapter, if: (1) an informant: (A) voluntarily provides in writing, and in the form or manner required by the commissioner, original information to the division; and (B) includes, as part of the writing […]

23-19-7-8. Considerations in Determining Amount of Award

Sec. 8. In determining the amount of an award to be paid under this chapter, the commissioner shall consider: (1) the significance of the original information provided by the informant to the successful enforcement of the judicial or administrative action under this article; (2) the degree of assistance or cooperation provided by the informant in […]

23-19-7-9. Circumstances When Award Prohibited

Sec. 9. The commissioner may not provide an award to an informant under this chapter if the informant: (1) is convicted of a crime in connection with the judicial or administrative proceeding for which the informant provided the original information; (2) acquired the original information in performing an examination of financial statements required under securities […]