2005 Idaho Code - 30-1511 — POWER OF COURT TO GRANT RELIEF

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 15
                             IDAHO COMMODITY CODE
    30-1511.  POWER OF COURT TO GRANT RELIEF.
    (1)  (a) Upon a showing by the director that a person has violated, or is
    about to violate, any provision of this chapter or any rule or order of
    the director, the court may grant appropriate legal or equitable remedies.
    (b)  Upon a showing of violation of the provisions of this chapter 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 investors 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 this chapter 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
official action under this chapter.
    (3)  (a) Upon a proper showing by the director or securities or commodity
    agency of another state that a person, other than a government or
    governmental agency or instrumentality, has violated, or is about to
    violate, any provision of the commodity act of that state or any rule or
    order of the director or securities or commodity agency of that state, the
    court may grant appropriate legal and equitable remedies.
    (b)  Upon a showing of a violation of the securities or commodity act of
    the foreign state or a rule or order of the director or securities or
    commodity agency of the foreign state, the court, in addition to
    traditional legal or equitable remedies including temporary restraining
    orders, permanent or temporary injunctions and writs of prohibition or
    mandamus, may grant the following special remedies:
         (i)   Disgorgement; and
         (ii)  Appointment of a receiver, conservator, or ancillary receiver
         or conservator for the defendant or the defendant's assets located in
         the state.
    (c)  Appropriate remedies when the defendant is shown only about to
    violate the securities or commodity act of the foreign state or a rule or
    order of the director or securities or commodity agency of the foreign
    state 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, conservator, or ancillary
         receiver or conservator for the defendant or the defendant's assets
         located in this state.