SECTIONS 12657-12661 - California Statutes

GOVERNMENT CODE

SECTION 12657-12661

12657. For purposes of this article, the following terms shall have
the following meanings:
(a) "Securities law" shall mean the Corporate Securities Law of
1968 (Division 1 (commencing with Section 25000) of Title 4 of the
Corporations Code) and any other rule or order issued by the
Commissioner of Corporations under this law.
(b) "Commodities law" shall mean the California Commodity Law of
1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the
Corporations Code) and any other rule or order issued by the
Commissioner of Corporations under this law.

12658. (a) Whenever it appears to the Attorney General that any
person has engaged or is about to engage in any act or practice
constituting a violation of the securities law or the commodities
law, the Attorney General may, in his or her discretion, bring an
action in the name of the people of the State of California in the
superior court to enjoin the acts or practices or to enforce
compliance with the securities law or the commodities law. Upon a
proper showing, a permanent or preliminary injunction, restraining
order, or writ of mandate shall be granted and a receiver, monitor,
conservator, or other designated fiduciary or officer of the court
may be appointed for the defendant or the defendant's assets, or any
other ancillary relief may be granted as appropriate. A receiver,
monitor, conservator, or other designated fiduciary or officer of the
court appointed by the superior court pursuant to this section may,
with the approval of the court, exercise any or all of the powers of
the defendant's officers, directors, partners, trustees or persons
who exercise similar powers and perform similar duties, including the
filing of a petition for bankruptcy. No action at law or in equity
may be maintained by any party against the Attorney General, or a
receiver, monitor, conservator, or other designated fiduciary or
officer of the court, by reason of their exercising these powers or
performing these duties pursuant to the order of, or with the
approval of, the superior court.
(b) If the Attorney General determines it is in the public
interest, the Attorney General may include in any action authorized
by subdivision (a) a claim for ancillary relief, including, but not
limited to, a claim for restitution or disgorgement or damages on
behalf of the persons injured by the act or practice constituting the
subject matter of the action, and the court shall have jurisdiction
to award additional relief.
(c) In any case in which a defendant is ordered by the court to
pay restitution to a victim, the court may in its order require the
payment as a money judgment, which shall be enforceable by a victim
as if the restitution order were a separate civil judgment, and
enforceable in the same manner as is provided for the enforcement of
any other money judgment. Any order issued under this subdivision
shall contain provisions that are designed to achieve a fair and
orderly satisfaction of the judgment.

12659. (a) The Attorney General, in his or her discretion, (1) may
make public or private investigations within or outside of this state
that the Attorney General deems necessary to determine whether any
person has violated or is about to violate the securities law or the
commodities law or to aid in the enforcement of these laws or in the
prescribing of rules and forms by the Commissioner of Corporations
under these laws, and (2) may publish information concerning any
violation of the securities law or the commodities law.
(b) In making any investigation authorized by subdivision (a), the
Attorney General may, for a reasonable time not exceeding 30 days,
take possession of the books, records, accounts, and other papers
pertaining to the business of any broker-dealer or investment adviser
and place a keeper in exclusive charge of them in the place where
they are usually kept. During this possession no person shall remove
or attempt to remove any of the books, records, accounts, or other
papers except pursuant to a court order or with the consent of the
Attorney General, but the directors, officers, partners, and
employees of the broker-dealer or investment adviser may examine
them, and employees shall be permitted to make entries therein
reflecting current transactions.
(c) For the purpose of any investigation or proceeding under the
securities law or the commodities law, the Attorney General or any
officer designated by him or her may administer oaths and
affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of books, papers,
correspondence, memoranda, agreements, or other documents or records
that the Attorney General deems relevant or material to the inquiry.
(d) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, the superior court, upon application by the Attorney
General, may issue to the person an order requiring him or her to
appear before the Attorney General, or the officer designated by the
Attorney General, there to produce documentary evidence, if so
ordered, or to give evidence touching the matter under investigation
or in question. Failure to obey the order of the court may be
punished by the court as a contempt.
(e) No person is excused from attending and testifying or from
producing any document or record before the Attorney General, or in
obedience to the subpoena of the Attorney General or any officer
designated by him or her, or in any proceeding instituted by the
Attorney General, on the ground that the testimony or evidence,
documentary or otherwise, required of him or her may tend to
incriminate him or her or subject him or her to a penalty or
forfeiture, but no individual may be prosecuted or subjected to any
penalty or forfeiture for or on account of any transaction, matter,
or thing concerning which he or she is compelled, after validly
claiming his or her privilege against self-incrimination, to testify
or produce evidence, documentary or otherwise, except that an
individual testifying is not exempt from prosecution and punishment
for perjury or contempt committed in testifying.

12660. (a) Any person who violates any provision of the securities
law or the commodities law shall be liable for a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each violation,
which shall be assessed and recovered in a civil action brought in
the name of the people of the State of California by the Attorney
General in any court of competent jurisdiction.
(b) As applied to the penalties for acts in violation of the
securities law or the commodities law, the remedies provided by this
section and by other sections of this article are not exclusive, and
may be sought and employed in any combination to enforce the
provisions of this article.
(c) No action shall be maintained to enforce any liability created
under subdivision (a) unless brought before the expiration of four
years after the act or transaction constituting the violation.

12661. (a) The Attorney General may take any actions as are
authorized by Section 6d of the federal Commodity Exchange Act (7
U.S.C. Sec. 1 et seq.) as amended before or after the effective date
of this section.
(b) Nothing in this article shall be construed as a limitation on
the powers of the Attorney General under this division or any other
law administered by the Attorney General.