Determining amount of fine.

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  • (1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
  • (2) the harm to other persons resulting either directly or indirectly from the violation;
  • (3)
    • (a) the cooperation by the person in any inquiry conducted by the division concerning the violation;
    • (b) efforts by the person to prevent future occurrences of the violation; and
    • (c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;
  • (4) the history of previous violations by the person;
  • (5) the need to deter the person or other persons from committing the violation in the future;
  • (6) whether the person exercised undue influence;
  • (7) whether the person knew or should have known that the investor was a vulnerable adult;
  • (8) any direct or indirect compensation or economic benefit the person committing the violation received; and
  • (9) such other matters as justice may require.




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