30-10-1103. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

Terms Used In Montana Code 30-10-1103

  • Allegation: something that someone says happened.
  • Commissioner: has the meaning provided in 30-10-103. See Montana Code 30-10-1103
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Whistleblower: means an individual who, alone or jointly with others, provides the state or other law enforcement agency with information pursuant to the provisions set forth in this part, and the information relates to a possible violation of state or federal securities laws, including any rules or regulations thereunder, that has occurred, is ongoing, or is about to occur. See Montana Code 30-10-1103

(1)”Commissioner” has the meaning provided in 30-10-103.

(2)(a) “Monetary sanction” means any money, including penalties, disgorgement, and interest ordered to be paid as a result of an administrative or judicial action.

(b)The term does not include restitution.

(3)”Original information” means information that is:

(a)derived from the independent knowledge or analysis of a whistleblower;

(b)not already known to the commissioner from any other source, unless the whistleblower is the original source of the information;

(c)not exclusively derived from an allegation made in an administrative or judicial hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is the source of the information; and

(d)provided to the commissioner for the first time after March 24, 2021.

(4)”Whistleblower” means an individual who, alone or jointly with others, provides the state or other law enforcement agency with information pursuant to the provisions set forth in this part, and the information relates to a possible violation of state or federal securities laws, including any rules or regulations thereunder, that has occurred, is ongoing, or is about to occur.