§ 5508. Criminal penalties
(a)(1) Upon conviction, any person shall be fined not more than $100,000.00 or imprisoned not more than five years, or both who:
(A) willfully violates this chapter, or a rule adopted or order issued under this chapter, except section 5504 of this chapter or the notice filing requirements of section 5302 or 5405 of this chapter; or
(B) willfully violates section 5505 of this chapter knowing the statement made to be false or misleading in a material respect.
(2) An individual convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order.
(3) For purposes of subdivision (a)(1) of this subsection, the term “willfully” means purposely or willingly committing the act or making the omission and does not require an intent to violate the law or to injure another or to acquire any advantage.
(b) The Attorney General with or without a reference from the Commissioner may institute criminal proceedings under this chapter.
(c) This chapter does not limit the power of this State to punish a person for conduct that constitutes a crime under other laws of this State. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
Structure Vermont Statutes
§ 5103. References to federal statutes
§ 5104. References to federal agencies
§ 5105. Electronic records and signatures
§ 5203. Additional exemptions and waivers
§ 5204. Denial, suspension, revocation, condition, or limitations of exemptions
§ 5301. Securities registration requirement
§ 5303. Securities registration by coordination
§ 5304. Securities registration by qualification
§ 5305. Securities registration filings
§ 5306. Denial, suspension, and revocation of securities registration
§ 5307. Waiver and modification
§ 5401. Broker-dealer registration requirement and exemptions
§ 5402. Agent registration requirement and exemptions
§ 5403. Investment adviser registration requirement and exemptions
§ 5404. Investment adviser representative registration requirement and exemptions
§ 5405. Federal covered investment adviser notice filing requirement
§ 5407. Succession and change in registration of broker-dealer or investment adviser
§ 5411. Postregistration requirements
§ 5502. Prohibited conduct in providing investment advice
§ 5504. Filing of sales and advertising literature
§ 5506. Misrepresentations concerning registration or exemption
§ 5602. Investigations and subpoenas
§ 5604. Administrative enforcement
§ 5605. Rules, forms, orders, interpretative opinions, and hearings
§ 5606. Administrative files and opinions
§ 5607. Public records; confidentiality
§ 5608. Uniformity and cooperation with other agencies
§ 5613. Collection and disposition of fees
§ 5616. Vermont Financial Services Education and Victim Restitution Special Fund