Section 409. (a) Any person who willfully violates any provision of this chapter except section 404, or who willfully violates any rule or order under this chapter, or who willfully violates section 404 knowing the statement made to be false or misleading in any material respect, shall upon conviction be fined not more than $100,000 or imprisoned not more than 10 years in the state prison, or both; but no person may be imprisoned for the violation of any rule or order if he proves that he had no knowledge of the rule or order.
Fines collected under this subsection shall be immediately sent to the state treasurer for deposit in the Securities Fraud Prosecution Fund, established by section 69 of chapter 10.
(b) The secretary may refer such evidence as is available concerning violations of this chapter or of any rule or order hereunder to the attorney general, who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
(c) Nothing in this chapter limits the power of the commonwealth to punish any person for any conduct which constitutes a crime by statute or at common law.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110a - Uniform Securities Act
Section 101 - Sales and Purchases
Section 102 - Advisory Activities
Section 201 - Registration Requirement
Section 202 - Registration Procedure
Section 203 - Post–registration Provisions
Section 203a - Document Disclosing Material Facts
Section 204 - Denial, Revocation, Suspension, Cancellation, and Withdrawal of Registration
Section 301 - Registration Requirement
Section 302 - Registration by Coordination
Section 303 - Registration by Qualification
Section 304 - Provisions Applicable to Registration Generally
Section 305 - Denial, Suspension, and Revocation of Registration
Section 306 - Federal Covered Securities
Section 403 - Filing of Sales and Advertising Literature
Section 404 - Misleading Filings
Section 405 - Unlawful Representations Concerning Registration or Exemption
Section 406 - Administration of Chapter
Section 407 - Investigations and Subpoenas
Section 407a - Violations; Cease and Desist Orders; Costs
Section 409 - Criminal Penalties
Section 410 - Civil Liabilities
Section 411 - Judicial Review of Orders
Section 412 - Rules, Forms, Orders, and Hearings
Section 413 - Administrative Files and Opinions
Section 414 - Scope of the Act and Service of Process