(a)A senior consumer who is a victim of an
act described in section 4(a) or 4(b) of this chapter may bring an action
against the person who commits the act.
(b)In an action brought against a person under this section, the
court may order the person to:
(1)return property or assets improperly obtained, controlled, or
used; and
(2)reimburse the senior consumer for any damages incurred or
for the value of the property or assets lost as a result of the
violation or violations of this chapter.
(c)In addition to the remedy provided in subsection (b), a court may
order the following:
(1)For knowing violations committed by a person who is not in
a position of trust and confidence:
(A)payment of two (2) times the amount of damages incurred
or value of property or assets lost; and
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(a) A senior consumer who is a victim of an
act described in section 4(a) or 4(b) of this chapter may bring an action
against the person who commits the act.
(b) In an action brought against a person under this section, the
court may order the person to:
(1) return property or assets improperly obtained, controlled, or
used; and
(2) reimburse the senior consumer for any damages incurred or
for the value of the property or assets lost as a result of the
violation or violations of this chapter.
(c) In addition to the remedy provided in subsection (b), a court may
order the following:
(1) For knowing violations committed by a person who is not in
a position of trust and confidence:
(A) payment of two (2) times the amount of damages incurred
or value of property or assets lost; and
(B) payment of a civil penalty not exceeding five thousand
dollars ($5,000).
(2) For knowing violations committed by a person in a position of
trust and confidence:
(A) payment of treble damages; and
(B) payment of a civil penalty not exceeding ten thousand
dollars ($10,000).
(d) The court may award reasonable attorney's fees to a senior
consumer that prevails in an action under this section. Actual damages
awarded to a person under this section have priority over any civil
penalty imposed under this chapter.
(e) The burden of proof in proving that a person committed financial
exploitation of a senior consumer under section 4 of this chapter is by
a preponderance of the evidence.
(f) The attorney general may bring an action to enjoin an alleged
commission of financial exploitation of a senior consumer and may
petition the court to freeze the assets of the person allegedly
committing financial exploitation of a senior consumer in an amount
equal to but not greater than the alleged value of lost property or assets
for purposes of restoring to the victim the value of the lost property or
assets. The burden of proof required to freeze the assets of a person
allegedly committing financial exploitation of a senior consumer is by
a preponderance of the evidence. In addition, the court may:
(1) issue an injunction;
(2) order the person to make payment of the money unlawfully
received from the senior consumer or senior consumers, to be
held in escrow for distribution to the aggrieved senior consumer
or senior consumers;
(3) for knowing violations, increase the amount of restitution
ordered under subdivision (2) in any amount up to three (3) times
the amount of damages incurred or value of property or assets
lost;
(4) order the person to pay to the state the reasonable costs of the
attorney general's investigation and prosecution related to the
action;
(5) provide for the appointment of a receiver;
(6) for knowing violations by a person who is not in a position of
trust and confidence, order the person to pay a civil penalty of up
to five thousand dollars ($5,000) per violation; and
(7) for knowing violations by a person in a position of trust and
confidence, order the person to pay a civil penalty of up to ten
thousand dollars ($10,000) per violation.
(g) In an action under subsection (a) or (f), the court may void or
limit the application of contracts or clauses resulting from the financial
exploitation.
(h) In an action under subsection (a), upon the filing of the
complaint or on the appearance of any defendant, claimant, or other
party, or at any later time, the trial court, the supreme court, or the court
of appeals may require the plaintiff, defendant, claimant, or other party
or parties to give security, or additional security, in a sum the court
directs to pay all costs, expenses, and disbursements that are awarded
against that party or that the party may be directed to pay by any
interlocutory order, by the final judgment, or on appeal.
(i) Any person who violates the terms of an injunction issued under
subsection (f) shall forfeit and pay to the state a civil penalty of not
more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing the injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (f) has been violated, the court shall award reasonable
costs to the state.