57-11-16 - Violations -- Criminal penalty -- Limitation -- Duties of attorney general, county attorney, or district attorney.
57-11-16. Violations -- Criminal penalty -- Limitation -- Duties of attorney general,county attorney, or district attorney.
(1) (a) This Subsection (1) applies to a person who willfully:
(i) violates this chapter or a rule adopted under this chapter; or
(ii) in an application for registration under this chapter or under the federal act, makesany untrue statement of a material fact or omits to state a material fact.
(b) A person described in Subsection (1)(a) may be:
(i) fined a civil penalty not to exceed the greater of:
(A) $2,500 for each violation; or
(B) double the amount of any gain or economic benefit derived from each violation;
(ii) imprisoned for not more than two years; or
(iii) both fined or imprisoned.
(c) An indictment or information may not be returned or a complaint filed under thischapter more than five years after the alleged violation.
(2) (a) The attorney general shall advise the division and the division's staff in mattersrequiring legal counsel or services in the exercise of the division's power or performance of thedivision's duties.
(b) In the prosecution or defense of an action under this section, the attorney general, thecounty attorney, or the district attorney of the appropriate county shall perform all necessary legalservices without compensation other than their regular salaries.
Amended by Chapter 352, 2009 General Session