Whenever it shall appear to the Commissioner that any person has violated any provision of this chapter, the regulations thereunder, or an order entered by the Commissioner, the Commissioner may bring an action in a Superior Part of the Court of First Instance with jurisdiction to seek the imposition of a fine. This power is in addition to the power of the Commissioner to investigate and impose administrative penalties. The court shall have jurisdiction to impose:
(a) In the case of a violation defined in this section, a fine that shall not exceed the greater of:
(1) Five thousand dollars ($5,000) for a natural person, or up to fifty thousand dollars ($50,000) for any other person, or
(2) the gross amount of pecuniary gain to such defendant as a result of the violation.
(b) In the case of a violation defined in this section involving fraud, deceit, manipulation, deliberate or reckless disregard of a regulatory requirement, a fine that shall not exceed the greater of:
(1) Fifty thousand dollars ($50,000) for a natural person, or up to two hundred and fifty thousand dollars ($250,000) for any other person, or
(2) the gross amount of pecuniary gain to such defendant as a result of the violation.
(c) In the case of a violation defined in this section, involving fraud, deceit, manipulation, deliberate or reckless disregard of a regulatory requirement, and that has also caused, either directly or indirectly, substantial losses to third parties or the risk of substantial losses to third parties, a fine that shall not exceed the greater of:
(1) One hundred thousand dollars ($100,000) for a natural person, or up to five hundred thousand dollars ($500,000) for any other person, or
(2) the gross amount of pecuniary gain to such defendant as a result of the violation.
History —July 30, 2013, No. 93, § 38, eff. 120 days after July 30, 2013.