§ 131F-24. Civil remedies and enforcement. - North Carolina Statutes

§131F‑24.  Civil remedies and enforcement.

(a)        Civil Remedies. –In addition to other remedies authorized by law, the Attorney General may bringa civil action in superior court to enforce this Chapter. Upon a finding thatany person has violated this Chapter, a court may make any necessary order orenter a judgment, including a temporary or permanent injunction, a declaratoryjudgment, the appointment of a master or receiver, the sequestration of assets,the reimbursement of persons from whom contributions have been unlawfullysolicited, the distribution of contributions in accordance with the charitableor sponsor purpose expressed in the registration statement or in accordancewith the representations made to the person solicited, the reimbursement of theDepartment for attorneys' fees and costs, including investigative costs, andany other equitable relief the court finds appropriate. Upon a finding that anyperson has violated any provision of this Chapter, a court may enter an orderimposing a civil penalty in an amount not to exceed ten thousand dollars($10,000) per violation.

The clear proceeds ofpenalties imposed pursuant to this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        Attorney General. –The Attorney General may conduct any investigation necessary to bring a civilaction under this section, including administering oaths and affirmations,subpoenaing witnesses or material, and collecting evidence.

(c)        VoluntaryCompliance. – The Attorney General may terminate an investigation or an actionupon acceptance of a person's written assurance of voluntary compliance withthis Chapter. Acceptance of an assurance may be conditioned on commitment toreimburse donors or to take other appropriate corrective action. An assuranceis not evidence of a prior violation of any of this Chapter. Unless anassurance has been rescinded by agreement of the parties or voided by a courtfor good cause, subsequent failure to comply with the terms of an assurance isprima facie evidence of a violation of this Chapter. (1993(Reg. Sess., 1994), c. 759, s. 2; 1998‑215, s. 82.)