New Hampshire Revised Statutes 358-B:4 – Enforcement
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I. Whenever the attorney general has reason to believe that a chain distributor scheme is being or is about to be conducted by any person, he may bring an action in the name of the state against such person, and in connection with such action may request the court to issue a temporary restraining order and a temporary or permanent injunction against such scheme. If the court finds that a chain distribution scheme is being operated in violation of this chapter, the court shall award to the state civil penalties up to $10,000 for each such violation.
II. In connection with any action brought under this section, the attorney general may also petition the court to appoint a receiver to take charge of the business of any person during the course of litigation for the purpose of preventing such person from continuing to engage in any act or practice declared to be unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property, real or personal, acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling derived by means of any unlawful act or practice, and to sell, convey and assign the same and hold, dispose and distribute the proceeds thereof under the direction of the court.
III. An action under this section may be brought in the superior court of the county in which the person who is alleged to be conducting or about to conduct a chain distributor scheme resides or has his principal place of business, or, with the consent of the parties, or if the person is a nonresident and has no permanent place of business within the state, in the superior court of Merrimack county.
II. In connection with any action brought under this section, the attorney general may also petition the court to appoint a receiver to take charge of the business of any person during the course of litigation for the purpose of preventing such person from continuing to engage in any act or practice declared to be unlawful by this chapter and of preserving the assets of said person to restore to any other person any money or property, real or personal, acquired by any unlawful act or practice. The receiver shall have the authority to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling derived by means of any unlawful act or practice, and to sell, convey and assign the same and hold, dispose and distribute the proceeds thereof under the direction of the court.
Terms Used In New Hampshire Revised Statutes 358-B:4
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
III. An action under this section may be brought in the superior court of the county in which the person who is alleged to be conducting or about to conduct a chain distributor scheme resides or has his principal place of business, or, with the consent of the parties, or if the person is a nonresident and has no permanent place of business within the state, in the superior court of Merrimack county.