2005 Idaho Code - 26-1117 — POWER OF THE COURT TO GRANT RELIEF

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 11
                     SUPERVISION BY DEPARTMENT OF FINANCE
    26-1117.  POWER OF THE COURT TO GRANT RELIEF. (1) (a) Upon  a  showing
    by the director that a person, not authorized to engage in banking
    business by the laws of this state or the United States, has violated, or
    is about to violate, any provision of the Idaho bank act or any rule or
    order of the director, the court may grant appropriate legal or equitable
    remedies.
    (b)  Upon a showing of a violation by a person, not authorized to engage
    in banking business or trust business by the laws of this state or the
    United States, of the provisions of the Idaho bank act or a rule or order
    of the director, the court, in addition to traditional legal and equitable
    remedies, including temporary restraining orders, permanent or temporary
    injunctions, and writs of prohibition or mandamus, may grant the following
    special remedies:
         (i)   Imposition of a civil penalty in an amount which may not exceed
         twenty-five thousand dollars ($25,000) for any single violation or
         one hundred thousand dollars ($100,000) for multiple violations in a
         single proceeding or a series of related proceedings;
         (ii)  Disgorgement;
         (iii) Declaratory judgment;
         (iv)  Restitution to depositors wishing restitution; and
         (v)   Appointment of a receiver or conservator for the defendant or
         the defendant's assets.
    (c)  Appropriate remedies when the defendant is shown only about to
    violate the provisions of the Idaho bank act or a rule or order of the
    director shall be limited to:
         (i)   A temporary restraining order;
         (ii)  A temporary or permanent injunction;
         (iii) A writ of prohibition or mandamus; or
         (iv)  An order appointing a receiver or conservator for the defendant
         or the defendant's assets.
    (2)  The court shall not require the director to post a bond in any action
brought under this chapter.