23-20-1-11. Persons Eligible for Restitution Assistance
Sec. 11. Except as otherwise provided in this chapter, the following persons are eligible for restitution assistance under this chapter: (1) A resident of Indiana who is a victim of a securities violation committed: (A) in Indiana; or (B) in a jurisdiction other than Indiana, including a foreign country, if the jurisdiction in which the […]
23-20-1-1. “Claimant”
Sec. 1. (a) As used in this chapter, “claimant” means a victim filing an application for restitution assistance under this chapter. (b) The term includes: (1) a named party in an award; (2) the executor of a named party in an award; or (3) the heirs and assigns of a named party in an award. […]
23-20-1-28. Securities Restitution Fund; Threshold; Suspension of Payment of Claims; Proration of Claims After Suspension Period
Sec. 28. (a) If the fund would be reduced below two hundred fifty thousand dollars ($250,000) by payment in full of all awards that become final in a month, the division shall suspend payment of the claims that become final during the month and the following two (2) months. (b) At the end of the […]
23-20-1-29. State’s Liability for Award; Limited to Availability of Money in Fund
Sec. 29. The state is not liable for a written determination made by the division under this chapter except to the extent that money is available in the fund on the date the award is computed by the division under this chapter. As added by P.L.114-2010, SEC.12.
23-20-1-30. Claimant Convicted of Forgery, Fraud, or Deception; Forfeiture of Award; Civil Action by Division to Recover Funds
Sec. 30. (a) A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter forfeits an award paid to the claimant under this chapter. (b) The division may file a civil action to recover funds against a claimant described in subsection (a). As added by P.L.114-2010, SEC.12.
23-20-1-31. False or Misleading Statements; Level 5 Felony
Sec. 31. A person commits a Level 5 felony if the person knowingly makes or causes to be made: (1) in any document filed with or sent to the securities commissioner or the division; or (2) in any proceeding, investigation, or examination; under this chapter any statement that is, at the time and in the […]
23-20-1-32. Division’s Authority to Adopt Rules
Sec. 32. The division may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.114-2010, SEC.12.
23-20-1-22. Victim’s Contribution to Monetary Injury; Consideration in Amount of Assistance; Basis for Denial
Sec. 22. (a) In determining the amount of restitution assistance to award under this chapter, the division shall determine whether a victim contributed to the infliction of the victim’s monetary injury. (b) If the division finds that the victim contributed to the infliction of the victim’s monetary injury, the division may deny an award of […]
23-20-1-23. Limitations on Award
Sec. 23. An award under this chapter may not exceed the lesser of the following: (1) Fifteen thousand dollars ($15,000). (2) Twenty-five percent (25%) of the amount of the out-of-pocket loss. As added by P.L.114-2010, SEC.12.
23-20-1-24. Award Not Subject to Execution, Attachment, or Garnishment
Sec. 24. An award made by the division under this chapter is not subject to execution, attachment, garnishment, or other process. As added by P.L.114-2010, SEC.12.