Vermont Statutes Title 9 Sec. 2459
Terms Used In Vermont Statutes Title 9 Sec. 2459
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- 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 may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 2459. Assurance of discontinuance
(a) In any case where the Attorney General or a State‘s Attorney has authority to institute an action or proceeding under section 2458 of this title, in lieu thereof he or she may accept an assurance of discontinuance of any method, act, or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act, or practice. Such assurance may include a stipulation for affirmative action by such person, payment of a civil forfeiture and the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and be filed with the Washington Superior Court. Evidence of a violation of such assurance shall be prima facie proof of violation of section 2453 of this title, or of any rule of regulation made pursuant to section 2453 of this title in any action or proceeding thereafter brought by the Attorney General or a State’s Attorney.
(b) No assurance of discontinuance may be accepted by a State’s Attorney without the approval of the Attorney General, who shall indicate his or her approval by countersigning any assurance before it may become effective. (Added 1967, No. 132, § 1, eff. April 17, 1967; amended 1969, No. 45, § 5, eff. April 4, 1969; 1973, No. 110, § 3; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)