(a) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in such a record, upon conviction, shall be guilty of a Class D felony.
(b) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives more than five thousand dollars ($5,000) in compensation within a one-year period from this activity, upon conviction, shall be guilty of a Class C felony.
(c) A person that knowingly engages in an activity for which a license is required under this chapter without being licensed under this chapter and who receives no more than five thousand dollars ($5,000) in compensation within a one-year period from this activity, upon conviction, shall be guilty of a Class D felony.
(d) The enforcement of this chapter shall be vested in the commission. It is the duty of the commission to enforce this chapter and to investigate, prevent, and detect violations of this chapter. The commission is vested with the rights, privileges, and powers conferred by law upon district attorneys, including the power to appear before grand juries and to interrogate witnesses before such grand jury. A district attorney may empower the commission to proceed on its behalf in any proceeding under this chapter.
(e) In any proceeding under this chapter, scienter need not be alleged and proved in prosecutions of violations involving unlicensed money transmission.
(f) A proceeding under this chapter shall not preempt or foreclose any criminal action or liability which may arise under any other criminal provision of the Code of Alabama 1975.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Chapter 7A - Alabama Monetary Transmission Act.
Section 8-7A-4 - Exemptions From Licensing.
Section 8-7A-5 - License Required.
Section 8-7A-6 - Application for License.
Section 8-7A-8 - Issuance of License.
Section 8-7A-9 - Renewal of License.
Section 8-7A-11 - Relationship Between Licensee and Authorized Delegate.
Section 8-7A-12 - Examinations.
Section 8-7A-15 - Suspension and Revocation.
Section 8-7A-16 - Unauthorized Activities.
Section 8-7A-17 - Orders to Cease and Desist and Other Injunctive or Civil Relief.
Section 8-7A-18 - Consent Orders.
Section 8-7A-19 - Civil Penalties.
Section 8-7A-20 - Criminal Penalties.
Section 8-7A-21 - Confidentiality.
Section 8-7A-22 - Cooperation.
Section 8-7A-23 - Investigation and Subpoenas by Commission.
Section 8-7A-25 - Burden of Proving an Exemption or an Exception From a Definition.
Section 8-7A-26 - Making, Amending, and Rescinding Rules and Prescribing Forms.