Chapter 1 Restitution for Victims of Securities Violations

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Terms Used In Indiana Code > Title 23 > Article 20 - 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 Indiana mapping data and standards fund established by section 19 of this chapter. See Indiana Code 4-23-7.3-4
  • 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
  • GIS: refers to geographic information systems. See Indiana Code 4-23-7.3-5
  • 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

  • state GIS officer: refers to the individual appointed under section 13 of this chapter. See Indiana Code 4-23-7.3-10
  • victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7