LD 509
pg. 62
Page 61 of 94 PUBLIC Law Chapter 65 Page 63 of 94
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LR 441
Item 1

 
§16507.__Qualified immunity

 
A broker-dealer, agent, investment adviser, federal covered
investment adviser or investment adviser representative is not
liable to another broker-dealer, agent, investment adviser,
federal covered investment adviser or investment adviser
representative for defamation relating to a statement that is
contained in a record required by the administrator or designee
of the administrator, the Securities and Exchange Commission or a
self-regulatory organization, unless the person knew, or should
have known at the time that the statement was made, that it was
false in a material respect or the person acted in reckless
disregard of the statement's truth or falsity.

 
§16508.__Criminal penalties

 
1.__Criminal penalties.__A person that intentionally or
knowingly violates this chapter, or a rule adopted or order
issued under this chapter, except section 16504 or the notice
filing requirements of section 16302 or 16405, or that
intentionally or knowingly violates section 16505 knowing the
statement made to be false or misleading in a material respect,
upon conviction, commits a Class C crime. An individual convicted
of violating a rule or order under this chapter may be fined, but
may not be imprisoned, if the individual did not have knowledge
of the rule or order.

 
2.__Referral to Attorney General.__The administrator may refer
such evidence as is available concerning violations of this
chapter or any rule or order issued under this chapter to the
Attorney General, who may, with or without such a reference from
the administrator, institute the appropriate criminal proceedings
under this chapter.__The Attorney General may request assistance
from the administrator or employees of the administrator.

 
3.__No limitation on other criminal enforcement.__This chapter
does not limit the power of this State to punish a person for
conduct that constitutes a crime under other laws of this State.

 
4.__ Venue.__When a person pursuant to one scheme or course of
conduct, whether upon the same person or several persons, engages
in fraudulent or other prohibited practices, engages in unlawful
transactions of business or other unlawful conduct or engages in
unlawful offers to sell or purchase or unlawful sales or
purchases under this chapter, the State may opt for a single
Class C count, and, in that circumstance, prosecution may be
brought in any venue in which one or more of the unlawful acts
were committed.


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