Violation of Secs. 41 to 44 or 47 Respecting Executive or Legislative Agents; Penalties; Prosecutions; Enforcement Procedures

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Section 48. Violation of any provision of sections forty, forty-one, forty-two, forty-three and forty-four, or forty-seven shall be punished by a fine of not less than one hundred, nor more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 21/2 years, or both. Any person acting as an executive or legislative agent who has been found guilty of violating any provisions of said sections shall in addition to such fine, be disqualified from acting as an executive or legislative agent until the termination of the third regular session of the general court after the date of conviction of such offense. Upon investigation and when deemed appropriate the attorney general shall cause prosecutions to be instituted for violation of any provision of sections forty, forty-one and forty-two.

The state secretary shall inspect all statements required by sections forty-three, forty-four and forty-seven filed with him if it appears that any person has failed to file such statement as required by said sections, or if it appears to the state secretary that any such statement filed with him does not conform to law, the state secretary shall within a reasonable time notify the delinquent person, group or organization in writing.

Upon failure to file a statement within fourteen days after receiving notice under this section, or if any statement filed after receiving notice indicates any violation of sections forty-three, forty-four, or forty-seven, the state secretary shall within a reasonable time notify the attorney general thereof and shall furnish him with copies of all papers relating thereto. The attorney general shall examine every such case and upon investigation and when deemed appropriate shall cause prosecutions to be instituted in the name of the commonwealth or shall institute appropriate civil proceedings pursuant to section forty-nine or refer the case to the proper district attorney for such action as may be appropriate.


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