Sec. 20. (a) In addition to the subrogation rights under section 19 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the victim.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action; or
(2) intervene in an action brought by or on behalf of the victim.
(c) If a claimant brings an action described in subsection (b)(2), the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees. The amount the claimant deducts under this subsection for the state's pro rata share of the expenses may not be more than fifteen percent (15%) of the money owed under the lien.
As added by P.L.114-2010, SEC.12.
Structure Indiana Code
Title 23. Business and Other Associations
Article 20. Victims of Securities Violations
Chapter 1. Restitution for Victims of Securities Violations
23-20-1-4. "Out-of-Pocket Loss"
23-20-1-6. "Securities Violation"
23-20-1-9. Order Awarding Restitution to Claimant Required
23-20-1-10. Confidentiality of Claimant's Personal Information
23-20-1-11. Persons Eligible for Restitution Assistance
23-20-1-12. Application for Restitution Assistance; Filing With Division
23-20-1-13. Division's Review of Applications; Request for Additional Information
23-20-1-14. Denial of Assistance to Victim Participating in or Profiting From Securities Violation
23-20-1-15. Assistance Limited to One Claimant per Victim
23-20-1-16. Adjudication of Violation Required; Final Order; Failure of Party to Pay
23-20-1-17. Denial of Assistance; Order Not Containing Restitution Award
23-20-1-18. Restitution Award Overturned on Appeal; Denial or Forfeiture of Assistance
23-20-1-19. Subrogation Rights of State
23-20-1-20. State's Lien on Victim's Recovery; Deduction of State's Share of Court Expenses
23-20-1-21. Recovery by Claimant Receiving Assistance; Refund to State of Overpayment
23-20-1-23. Limitations on Award
23-20-1-24. Award Not Subject to Execution, Attachment, or Garnishment
23-20-1-25. Securities Restitution Fund; Establishment; Funding Sources
23-20-1-26. Securities Restitution Fund; Funds Continually Appropriated; Purposes
23-20-1-27. Securities Restitution Fund; Funds and Income Nonreverting
23-20-1-29. State's Liability for Award; Limited to Availability of Money in Fund