Iowa Code 714.16A – Additional civil penalty for consumer frauds committed against older individuals — fund established
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Terms Used In Iowa Code 714.16A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
714.16A Additional civil penalty for consumer frauds committed against older individuals — fund established.
1. a. If a person violates § 714.16, and the violation is committed against an older individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of § 714.16, regardless of whether an action has been filed pursuant to § 714.16.
b. A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly. Notwithstanding § 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to § 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.
2. In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:
a. Whether the defendant‘s conduct was in willful disregard of the rights of the older individual.
b. Whether the defendant knew or should have known that the defendant’s conduct was directed to an older individual.
c. Whether the older individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
d. Any other factors the court deems appropriate.
3. As used in this section, “”older individual”” means an individual who is sixty years of age or older.
91 Acts, ch 102, §1; 94 Acts, ch 1142, §6; 98 Acts, ch 1200, §4; 2013 Acts, ch 30, §261; 2022
Acts, ch 1132, §3
Referred to in §13.2
1. a. If a person violates § 714.16, and the violation is committed against an older individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of § 714.16, regardless of whether an action has been filed pursuant to § 714.16.
b. A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly. Notwithstanding § 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to § 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.
2. In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:
a. Whether the defendant‘s conduct was in willful disregard of the rights of the older individual.
b. Whether the defendant knew or should have known that the defendant’s conduct was directed to an older individual.
c. Whether the older individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
d. Any other factors the court deems appropriate.
3. As used in this section, “”older individual”” means an individual who is sixty years of age or older.
91 Acts, ch 102, §1; 94 Acts, ch 1142, §6; 98 Acts, ch 1200, §4; 2013 Acts, ch 30, §261; 2022
Acts, ch 1132, §3
Referred to in §13.2