23-20-1-18. Restitution Award Overturned on Appeal; Denial or Forfeiture of Assistance
Sec. 18. (a) The division may not award restitution assistance under this chapter on behalf of a victim whose award of restitution under a court or administrative order is overturned on appeal. (b) If: (1) restitution assistance is awarded under this chapter; and (2) after the award of restitution assistance under this chapter, the victim’s […]
23-20-1-3. “Fund”
Sec. 3. As used in this chapter, “fund” refers to the securities restitution fund established by section 25 of this chapter. As added by P.L.114-2010, SEC.12.
23-20-1-19. Subrogation Rights of State
Sec. 19. (a) The state is subrogated to the rights of the person awarded restitution under this chapter to the extent of the award. (b) The subrogation rights are against the person who committed the securities violation or a person liable for the pecuniary loss. As added by P.L.114-2010, SEC.12.
23-20-1-4. “Out-of-Pocket Loss”
Sec. 4. As used in this chapter, “out-of-pocket loss” means an amount equal to the amount of restitution ordered under any of the following: (1) A final court order. (2) A final administrative order. As added by P.L.114-2010, SEC.12.
23-20-1-20. State’s Lien on Victim’s Recovery; Deduction of State’s Share of Court Expenses
Sec. 20. (a) In addition to the subrogation rights under section 19 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the victim. (b) The state may: (1) recover the amount under subsection (a) in a separate action; or […]
23-20-1-5. “Person”
Sec. 5. As used in this chapter, “person” includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, or an individual. As added by P.L.114-2010, SEC.12.
23-20-1-21. Recovery by Claimant Receiving Assistance; Refund to State of Overpayment
Sec. 21. If: (1) an award is made under this chapter; and (2) a claimant receives a sum required to be deducted under section 20(a) of this chapter; the claimant shall refund to the state the amount of overpayment. As added by P.L.114-2010, SEC.12.
23-20-1-6. “Securities Violation”
Sec. 6. As used in this chapter, “securities violation” means a violation of any of the following: (1) The Securities Act of 1933, as amended, and any regulations related to that act. (2) The Securities Exchange Act of 1934, as amended, and any regulations related to that act. (3) The Investment Company Act of 1940, […]
23-20-1-7. “Victim”
Sec. 7. As used in this chapter, “victim” means an individual who suffers monetary injury as a result of a securities violation. As added by P.L.114-2010, SEC.12.
23-20-1-8. Duties of Division
Sec. 8. The division shall do the following: (1) Prescribe forms for processing applications for restitution assistance. (2) Determine whether a claim for restitution assistance filed under this chapter should be awarded. As added by P.L.114-2010, SEC.12.