§ 23-20-1-1 “Claimant”
§ 23-20-1-2 “Division”
§ 23-20-1-3 “Fund”
§ 23-20-1-4 “Out-of-pocket loss”
§ 23-20-1-5 “Person”
§ 23-20-1-6 “Securities violation”
§ 23-20-1-7 “Victim”
§ 23-20-1-8 Duties of division
§ 23-20-1-9 Order awarding restitution to claimant required
§ 23-20-1-10 Confidentiality of claimant’s personal information
§ 23-20-1-11 Persons eligible for restitution assistance
§ 23-20-1-12 Application for restitution assistance; filing with division
§ 23-20-1-13 Division’s review of applications; request for additional information
§ 23-20-1-14 Denial of assistance to victim participating in or profiting from securities violation
§ 23-20-1-15 Assistance limited to one claimant per victim
§ 23-20-1-16 Adjudication of violation required; final order; failure of party to pay
§ 23-20-1-17 Denial of assistance; order not containing restitution award
§ 23-20-1-18 Restitution award overturned on appeal; denial or forfeiture of assistance
§ 23-20-1-19 Subrogation rights of state
§ 23-20-1-20 State’s lien on victim’s recovery; deduction of state’s share of court expenses
§ 23-20-1-21 Recovery by claimant receiving assistance; refund to state of overpayment
§ 23-20-1-22 Victim’s contribution to monetary injury; consideration in amount of assistance; basis for denial
§ 23-20-1-23 Limitations on award
§ 23-20-1-24 Award not subject to execution, attachment, or garnishment
§ 23-20-1-25 Securities restitution fund; establishment; funding sources
§ 23-20-1-26 Securities restitution fund; funds continually appropriated; purposes
§ 23-20-1-27.5 Securities restitution fund; reverted funds
§ 23-20-1-28 Securities restitution fund; threshold; suspension of payment of claims; proration of claims after suspension period
§ 23-20-1-29 State’s liability for award; limited to availability of money in fund
§ 23-20-1-30 Claimant convicted of forgery, fraud, or deception; forfeiture of award; civil action by division to recover funds
§ 23-20-1-31 False or misleading statements; Level 5 felony
§ 23-20-1-32 Division’s authority to adopt rules
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Terms Used In Indiana Code > Title 23 > Article 20 > Chapter 1 - Restitution for Victims of Securities Violations

  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dependent: A person dependent for support upon another.
  • division: refers to the securities division of the office of the secretary of state. See Indiana Code 23-20-1-2
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fund: refers to the securities restitution fund established by section 25 of this chapter. See Indiana Code 23-20-1-3
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • out-of-pocket loss: means an amount equal to the amount of restitution ordered under any of the following:

    Indiana Code 23-20-1-4

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, or an individual. See Indiana Code 23-20-1-5
  • 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 any of the following:

    Indiana Code 23-20-1-6

  • victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7