Utah Code 31A-36-118. Criminal penalties and restitution
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(1) A person subject to this chapter is subject to:
Terms Used In Utah Code 31A-36-118
- Fraud: Intentional deception resulting in injury to another.
- Insurance: includes :(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
- 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.
- Life settlement: includes :
(8)(b)(i) the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a policy if the trust or other entity is formed or operated for the principal purpose of acquiring one or more policies; or(8)(b)(ii) a premium finance loan made for a policy by a lender to an owner on, before, or after the date of issuance of the policy if the owner:(8)(b)(ii)(A) receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or(8)(b)(ii)(B) agrees on the date of the premium finance loan to sell the policy or any portion of the policy's death benefit on a date following the issuance of the policy. See Utah Code 31A-36-102- Owner: means any of the following who resides in this state and seeks to enter into a life settlement:
(12)(a)(i) the owner of a policy; or(12)(a)(ii) the holder of a certificate of a group policy. See Utah Code 31A-36-102- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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.
(1)(a) Section 31A-2-308 for an administrative violation of this title;(1)(b) prosecution under Title 76, Chapter 6, Part 4, Theft, for criminal activity involving a life settlement; or(2) A person found to be in violation of this chapter may:(2)(a) be ordered to pay restitution to persons aggrieved by the violation;(2)(b) be ordered to pay a forfeiture;(2)(c) be imprisoned if found guilty of a criminal law by a court of competent jurisdiction; and(2)(d) be subject to a combination of the penalties described in this Subsection (2).(3) Except for a fraudulent act committed by an owner, this section does not apply to the owner.