91.320 - Remedies for violation of this chapter. - Nevada Statutes

91.320  Remedies for violation of this chapter.

      1.  Upon a proper showing by the Administrator that a person has violated, or is about to violate, any provision of this chapter or any regulation or order of the Administrator, the district court may grant appropriate legal or equitable remedies.

      2.  Upon a showing of a violation of this chapter or a regulation or order of the Administrator, the court, in addition to traditional legal and equitable remedies, including a temporary restraining order, a permanent or temporary prohibitory or mandatory injunction, and a writ of prohibition or mandamus, may grant the following special remedies:

      (a) The imposition of a civil penalty in an amount which may not exceed $10,000 for any single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings;

      (b) Disgorgement;

      (c) A declaratory judgment;

      (d) Restitution to investors wishing restitution;

      (e) The appointment of a receiver or conservator for the defendant or the defendant’s assets; and

      (f) An injunction permanently enjoining a defendant from acting as a commodity broker-dealer or a commodity sales representative.

      3.  Upon a showing that the defendant is about to violate this chapter or a rule or order of the Administrator, the court may grant the following remedies:

      (a) A temporary restraining order;

      (b) A temporary or permanent injunction;

      (c) A writ of prohibition or mandamus; and

      (d) An order appointing a receiver or conservator for the defendant or the defendant’s assets.

      4.  A court shall not require the Administrator to post a bond in any official action under this chapter.

      (Added to NRS by 1987, 1288)