§ 61-1-31 — Determining amount of fine.

For the purpose of determining the amount of a fine imposed under this chapter, the commission or court shall consider the following factors:
(1) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;
(2) the harm to other persons resulting either directly or indirectly from the violation;
(3) (3)(a) the cooperation by the person in any inquiry conducted by the division concerning the violation;
(3)(b) efforts by the person to prevent future occurrences of the violation; and
(3)(c) efforts by the person to mitigate the harm caused by the violation, including any disgorgement or restitution made to other persons injured by the acts of the person;
(4) the history of previous violations by the person;
(5) the need to deter the person or other persons from committing the violation in the future;
(6) whether the person exercised undue influence;
(7) whether the person knew or should have known that the investor was a vulnerable adult;
(8) any direct or indirect compensation or economic benefit the person committing the violation received; and
(9) such other matters as justice may require.

Legislative History

Amended by Chapter 77, 2020 General Session