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.
23-20-1-3. “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, […]