Terms Used In Vermont Statutes Title 9 Sec. 5508

  • Commissioner: means the Commissioner of Financial Regulation. See
  • Conviction: A judgement of guilt against a criminal defendant.
  • Filing: means the receipt under this chapter of a record by the Commissioner or a designee of the Commissioner. See
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See

§ 5508. Criminal penalties

(a)(1) Upon conviction, any person shall be fined not more than $100,000.00 or imprisoned not more than five years, or both who:

(A) willfully violates this chapter, or a rule adopted or order issued under this chapter, except section 5504 of this chapter or the notice filing requirements of section 5302 or 5405 of this chapter; or

(B) willfully violates section 5505 of this chapter knowing the statement made to be false or misleading in a material respect.

(2) An individual convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order.

(3) For purposes of subdivision (a)(1) of this subsection, the term “willfully” means purposely or willingly committing the act or making the omission and does not require an intent to violate the law or to injure another or to acquire any advantage.

(b) The Attorney General with or without a reference from the Commissioner may institute criminal proceedings under this chapter.

(c) This chapter does not limit the power of this State to punish a person for conduct that constitutes a crime under other laws of this State. (Added 2005, No. 11, § 1, eff. July 1, 2006.)