Penalties

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  • (a) If any director, official or individual acting in a similar capacity of an international financial services entity or of a person of which the international financial services entity is a unit, violates, or voluntarily or negligently permits any director officer, agent, or employee of the international financial services entity or of the person of which the international financial services entity is a unit, to violate this chapter, the regulations of the Board, or any provision of the certificate of incorporation, partnership agreement or other written document establishing the international financial services entity, the Board shall schedule and summon the interested parties to an administrative hearing pursuant to the regulations provided in section 730 of this title. Once the hearing is held and after the Board determines that a provision mentioned in this subsection has been violated, the Board shall take the corresponding action, including the suspension or dismissal of such director, officer or individual.

  • (b) Any official or employee of an international financial services entity, or of a person of which it is a unit, who on behalf of such international financial services entity receives any funds or contract for a loan with the knowledge that the international financial services entity or the person of which it is a unit is insolvent, is subject to a civil penalty of not less than $5,000 nor more than $10,000 and is also liable to make restitution for any losses suffered by any victim.

  • (c) Any director, official or employee of the international financial services entity or of the person of which the international financial services entity is a unit, who illegally appropriates, embezzles, removes or voluntarily misuses any moneys, funds, credits, securities, or other properties of an international financial services entity, or who, without due authorization, issues or draws any certificate of account, draws any order or bill of exchange, carries out any type of acceptance or assignment of a note, bond, money order, bill of exchange, and any person who, with the same intention, aids or abets any director, official or employee to violate any provision of this section, is subject to a civil penalty of not less than $5,000 nor more than $10,000 and is also liable to make restitution for any losses suffered by any victim.

  • (d) Any director, official, or employee of an international financial services entity or of the person of which the international financial services entity is a unit, who voluntarily misrepresents the financial condition of an international financial services entity or about any transaction to be carried out by, or carried out by the international financial services entity, or who declines to provide information legally requested by the Board, is subject to a civil penalty of not less than $5,000 nor more than $10,000.

  • (e) This section may not be construed in any manner to limit the power of the Board to impose administrative fines for violations of this chapter or the regulations of the Board.


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