Chapter 1 Restitution for Victims of Securities Violations

Terms Used In Indiana Code > Title 23 > Article 20 - Victims of Securities Violations

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
  • division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-20-1-2
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fund: refers to the securities restitution fund established by section 25 of this chapter. See Indiana Code 23-20-1-3
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Minority leader: See Floor Leaders
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • out-of-pocket loss: means an amount equal to the amount of restitution ordered under any of the following:

    Indiana Code 23-20-1-4

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, or an individual. See Indiana Code 23-20-1-5
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • securities violation: means a violation of any of the following:

    Indiana Code 23-20-1-6

  • victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7