374.210. False testimony--refusal to furnish information--penalties.

MISSOURI STATUTES AND CODES

374.210. False testimony--refusal to furnish information--penalties.

False testimony--refusal to furnish information--penalties.

374.210. 1. It is unlawful for any person in any investigation,examination, inquiry, or other proceeding under this chapter, chapter 354,RSMo, and chapters 375 to 385, RSMo, to:

(1) Knowingly make or cause to be made a false statement upon oath oraffirmation or in any record that is submitted to the director or used inany proceeding under this chapter, chapter 354, RSMo, and chapters 375 to385, RSMo; or

(2) Make any false certificate or entry or memorandum upon any of thebooks or papers of any insurance company, or upon any statement or exhibitoffered, filed or offered to be filed in the department, or used in thecourse of any examination, inquiry, or investigation under this chapter,chapter 354, RSMo, and chapters 375 to 385, RSMo.

2. If a person does not appear or refuses to testify, file astatement, produce records, or otherwise does not obey a subpoena asrequired by the director, the director may apply to the circuit court ofany county of the state or any city not within a county, or a court ofanother state to enforce compliance. The court may:

(1) Hold the person in contempt;

(2) Order the person to appear before the director;

(3) Order the person to testify about the matter under investigationor in question;

(4) Order the production of records;

(5) Grant injunctive relief;

(6) Impose a civil penalty of up to fifty thousand dollars for eachviolation; and

(7) Grant any other necessary or appropriate relief.

The director may also suspend, revoke or refuse any license or certificateof authority issued by the director to any person who does not appear orrefuses to testify, file a statement, produce records, or does not obey asubpoena.

3. This section does not preclude a person from applying to thecircuit court of any county of the state or any city not within a countyfor relief from a request to appear, testify, file a statement, producerecords, or obey a subpoena.

4. A person is not excused from attending, testifying, filing astatement, producing a record or other evidence, or obeying a subpoena ofthe director under an action or proceeding instituted by the director onthe grounds that the required testimony, statement, record, or otherevidence, directly or indirectly, may tend to incriminate the individual orsubject the individual to a criminal fine, penalty, or forfeiture. If theperson refuses to testify, file a statement, or produce a record or otherevidence on the basis of the individual's privilege againstself-incrimination, the director may apply to the circuit court of anycounty of the state or any city not within a county to compel thetestimony, the filing of the statement, the production of the record, orthe giving of other evidence. The testimony, record, or other evidencecompelled under such an order may not be used as evidence against theperson in a criminal case, except in a prosecution for perjury or contemptor otherwise failing to comply with the order.

5. If the director determines that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section, or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may issue such administrativeorders as authorized under section 374.046. A violation of subsection 1 ofthis section is a level four violation under section 374.049. The directormay also suspend or revoke the license or certificate of authority of suchperson for any willful violation.

6. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may maintain a civil action forrelief authorized under section 374.048. A violation of subsection 1 ofthis section is a level four violation under section 374.049.

7. Any person who knowingly engages in any act, practice, omission,or course of business in violation of subsection 1 of this section isguilty of a class D felony. If the offender holds a license or certificateof authority under the insurance laws of this state, the court imposingsentence shall order the department to revoke such license or certificateof authority.

8. The director may refer such evidence as is available concerningviolations of this section to the proper prosecuting attorney, who with orwithout a criminal reference, or the attorney general under section 27.030,RSMo, may institute the appropriate criminal proceedings.

9. Nothing in this section shall limit the power of the state topunish any person for any conduct that constitutes a crime under any otherstate statute.