Michigan Laws 14.317 – Assurance of discontinuance of method, act, or practice; filing; enforcement; modification
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(1) If the attorney general has authority to institute an action or proceeding pursuant to section 16, he or she may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this act from the person who is alleged to have engaged, is engaging, or is about to engage in the method, act, or practice. Except as provided in subsection (2), the assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for 1 or more of the following:
(a) The voluntary payment by the person for the costs of investigation.
Terms Used In Michigan Laws 14.317
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
(2) An assurance of discontinuance shall be in writing and filed with the court. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the court by the parties to the assurance. The assurance may be modified by the parties or by the court for good cause.