Utah Code 61-1-31. Determining amount of fine
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For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:
(1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
Terms Used In Utah Code 61-1-31
- Commission: means the Securities Commission created in Section Utah Code 61-1-13
- Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
- Person: means :(1)(x)(i) an individual;(1)(x)(ii) a corporation;(1)(x)(iii) a partnership;(1)(x)(iv) a limited liability company;(1)(x)(v) an association;(1)(x)(vi) a joint-stock company;(1)(x)(vii) a joint venture;(1)(x)(viii) a trust where the interests of the beneficiaries are evidenced by a security;(1)(x)(ix) an unincorporated organization;(1)(x)(x) a government; or(1)(x)(xi) a political subdivision of a government. See Utah Code 61-1-13
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Undue influence: means that a person uses a relationship or position of authority, trust, or confidence:
(1)(hh)(i) that is unrelated to a relationship created:(1)(hh)(i)(A) in the ordinary course of making investments regulated under this chapter; or(1)(hh)(i)(B) by a licensee providing services under this chapter;(1)(hh)(ii) that results in:(1)(hh)(ii)(A) an investor perceiving the person as having heightened credibility, personal trustworthiness, or dependability; or(1)(hh)(ii)(B) the person having special access to or control of an investor's financial resources, information, or circumstances; and(1)(hh)(iii) to:(1)(hh)(iii)(A) exploit the trust, dependence, or fear of the investor;(1)(hh)(iii)(B) knowingly assist or cause another to exploit the trust, dependence, or fear of the investor; or(1)(hh)(iii)(C) gain control deceptively over the decision making of the investor. See Utah Code 61-1-13- Vulnerable adult: means the same as that term is defined in Section 26B-6-201. See Utah Code 61-1-13
(2) the harm to other persons resulting either directly or indirectly from the violation;(3)(3)(a) the cooperation by the person in any inquiry conducted by the division concerning the violation;(3)(b) efforts by the person to prevent future occurrences of the violation; and(3)(c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;(4) the history of previous violations by the person;(5) the need to deter the person or other persons from committing the violation in the future;(6) whether the person exercised undue influence;(7) whether the person knew or should have known that the investor was a vulnerable adult;(8) any direct or indirect compensation or economic benefit the person committing the violation received; and(9) such other matters as justice may require.