Maine Revised Statutes Title 32 Sec. 16526 – Conditions under which award of restitution assistance prohibited
Current as of: 2023 | Check for updates
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The administrator may not award restitution assistance if: [PL 2021, c. 576, §1 (NEW).]
1. Participating in or committing securities violation. The victim sustained the monetary injury primarily as a result of:
A. Participating or assisting in a securities violation; or [PL 2021, c. 576, §1 (NEW).]
B. Attempting to commit or committing a securities violation; [PL 2021, c. 576, §1 (NEW).]
[PL 2021, c. 576, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 16526
- Administrator: means the Securities Administrator under section 16601. See Maine Revised Statutes Title 32 Sec. 16102
- 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.
- Final order: means a final order issued by the administrator under this chapter or a final order issued by a court in a legal action initiated by the administrator under this chapter. See Maine Revised Statutes Title 32 Sec. 16521
- 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 this chapter and any rules adopted pursuant to this chapter. See Maine Revised Statutes Title 32 Sec. 16521
- Victim: means a person that suffered monetary injury as a result of a securities violation and was awarded restitution in a final order. See Maine Revised Statutes Title 32 Sec. 16521
2. Profit from securities violation. The victim profited or would have profited from a securities violation;
[PL 2021, c. 576, §1 (NEW).]
3. Previous restitution assistance. The victim has received restitution assistance under this subchapter in the previous 5 years; or
[PL 2021, c. 576, §1 (NEW).]
4. Final order overturned. An award of restitution in a final order is overturned on appeal.
[PL 2021, c. 576, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 576, §1 (NEW).