§ 73-604 — Criminal penalties; class E, F, and G felonies

(a)Fraud of $50,000 or more; class E felony. —Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $50,000 or more, shall upon conviction be fined not more than $200,000 or imprisoned not more than 5 years at Level V incarceration, or both, per violation.

(b)Fraud of $10,000 or more; class F felony. —Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $10,000 or more, though less than $50,000, shall upon conviction be fined not more than $100,000 or imprisoned not more than 3 years at Level V incarceration, or both, per violation.

(c)Other violations; class G felony. —Any person who wilfully violates any provision of this chapter or any rule hereunder and whose offense is not covered by subsection (a) or (b) of this section, shall upon conviction be fined not more than $100,000 or imprisoned not more than 2 years at Level V incarceration, or both, per violation.

(d) No indictment or information may be returned under this chapter more than 5 years after the alleged violation. The Superior Court shall have exclusive jurisdiction of any criminal violations of this chapter.

(e) In addition to the penalties stated above, restitution to any investor or investors may be ordered. Nothing in this chapter limits the power of the State to punish any person for any conduct which otherwise constitutes a crime by statute.

Legislative History

6 Del. C. 1953, § 7322; 59 Del. Laws, c. 208, § 1 ; 67 Del. Laws, c. 274, § 10 ; 68 Del. Laws, c. 181, § 19 ; 78 Del. Laws, c. 175, §§ 106, 118, 122 ; 84 Del. Laws, c. 230, § 18